Chapter 134 Wastewater Treatment Systems

Prior to any conveyance of real property subject to this article which utilizes an on-site wastewater treatment system (OWTS), the OWTS must be inspected by the Village or its designated agent. The inspection shall include a septic tank pump-out by a NYSDEC registered septic hauler and all seepage pits and septic drain field distribution boxes ("D-box") accepting effluent from a septic tank must be uncovered and opened by the property owner or their agent prior to inspection. The property transfer inspection and pump-out shall be arranged by the property owner as early in the conveyance of real property process as possible in order to obtain an accurate and timely assessment of the OWTS. Upon submission of a complete application to the Village Clerk and payment of the applicable fee to be established by the Village Board, the property owner must make arrangements to schedule the inspection with no less than 48 hours' advance notice and shall coordinate with the septic hauler to be on-site simultaneously. The cost of the inspection shall be incorporated into the fee schedule to be established by the Village, and payment to the Village will occur prior to the inspection. Inspections must be undertaken within one year of the application or a renewal application with payment of the associated fee will be required.

No such conveyance shall take place subject to this article until and unless:

(a)

The owner/seller has obtained from the Village Code Enforcement Officer, or a designated agent thereof, a letter of acknowledgement demonstrating satisfactory compliance with this article;

(b)

The owner/seller has obtained a variance/waiver from the Village Board in accordance with this article; or

(c)

The conveyance is exempt from the property transfer inspection requirements and the owner/seller complies with all applicable provisions for exemption set forth in this article.

As used herein, the term "conveyance of real property" shall mean the transfer of the title of real estate, in the form of a deed or other legal instrument, whether or not recorded in the office of the Hamilton County Clerk. It shall be violation of this article not to have the property inspected prior to the conveyance of real property.

Upon satisfactory inspection in accordance with the protocol set forth in Subsection B(5) below, the Village or its designated agent will issue to the property owner a letter of acknowledgment confirming that the OWTS is functioning properly.

The OWTS inspection shall utilize the New York On-Site Wastewater Treatment Training Network (OTN) materials, including the OTN System Inspection Request Form, Findings Worksheet and Site Report (Inspection Findings), all of which shall be available in the office of the Village Code Enforcement Officer. The following minimum standards shall apply to each inspection:

(a)

All septic tanks and holding tanks must be within 250 gallons of the minimum volume requirement; minimum volume includes bedrooms, rooms used for sleeping, Jacuzzi tubs and garbage grinders;

(b)

All holding tanks shall be equipped with a float switch with a 50% level alarm, a 100% high-level alarm located in a conspicuous place to indicate when pump-out is necessary and a water shutoff device. A copy of pump-out records shall be submitted during the inspection prior to conveyance of real property;

(c)

For an aerobic treatment system or enhanced treatment unit (ETU), the new owner must send a signed copy of an updated service contract to the Village within 30 days after the conveyance of real property;

(d)

If the OWTS is determined to be failing or inadequate, a written notice of violation may be issued. An approved compliance agreement to correct the violation would then need to be obtained prior to conveyance of real property.

Exemption from inspection. The following conveyances of real property shall be exempt from the provisions of this article in the following situations and pursuant to the terms identified below:

The property to be sold or transferred is lawfully connected to and serviced by Municipal Sewer.

The property to be sold or transferred will not be inhabited, and the new owner plans to demolish the existing structure and remove the OWTS within six months. In order to qualify for the exemption, a notarized affidavit must be submitted to the Village Code Enforcement Officer stating that the dwelling will not be inhabited and that it will be demolished and the OWTS fully removed within six months. In addition, a check payable to the Village in the amount of $2,000 must accompany the notarized affidavit. Such funds will be held in a non-interest-bearing escrow account and will be released upon confirmation that demolition and removal have been timely carried out. Failure will result in forfeiture of the deposit pursuant to Subsection C(7) of this section unless an appeal to the Village Board is timely made pursuant to § 134-5 of this article, in which case the Village Board may grant an extension.

An OWTS inspection was not able to be completed prior to the conveyance of real property due to inclement weather. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the requisite OWTS inspection within six months of the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Village Code Enforcement Officer. A check payable to the Village of Speculator in the amount of $2,000 will be held in a noninterest-bearing escrow account and shall be released upon the completion of a satisfactory OWTS inspection by the Village or its designated agent.

The property to be sold or transferred contains an existing OWTS that does not comply with the provisions of this article, and the prospective purchasers and/or the seller wish to forgo an inspection in favor of installing an approved OWTS within six months of the transfer of property. In order to qualify for the exemption, a notarized affidavit must be submitted to the Village Code Enforcement Officer stating that the existing OWTS will be replaced within six months from transfer of property. The affidavit must be accompanied by a site plan, including adequate detail to demonstrate that the replacement OWTS will comply with this article, together with a check payable to the Village of Speculator in the amount of $2,000. Such funds will be held in a noninterest-bearing escrow account and will be released upon issuance of a certificate of compliance by the Village Code Enforcement Officer.

During the OWTS inspection, a failure of the septic system was determined. Due to winter and frozen conditions, the repair to an existing OWTS could not occur or a new OWTS could not be installed before the conveyance of real property. In order to qualify for the exemption, a notarized affidavit from the new property owner to complete the installation or repair of the septic system within six months from the date of the conveyance of real property, or June 1, whichever comes first, must be filed with the Village Code Enforcement Officer. A check payable to the Village of Speculator in the amount of $2,000 will be held in a noninterest-bearing escrow account and shall be released upon the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection by the Village or its designated agent.

(6)

There is record of the property's OWTS having passed inspection within the last three years.

(7)

Failure to complete the inspection, obtain the permit or complete all repairs/installations identified in the preceding subsections within the time provided or any subsequent deadline established by the Village or its designated agent will result in forfeiture of the moneys held in escrow, and the Village may use such funds toward abating the conditions caused by each such violation of this article.

Failure of OWTS. Failure of an existing OWTS occurs when the standards for lawful OWTS as set forth in the Department of Health Regulations 10 NYCRR Part 75, including 10 NYCRR Appendix 75-A, are not met. While not exhaustive, some examples of a failing system include the following:

Lack of a pretreatment vessel (i.e., septic tank, aerobic treatment unit, ETU, etc.) prior to effluent discharge to any subsurface treatment (soil treatment area or absorption field);

There is a discharge of effluent directly or indirectly to the ground's surface, with surface breakouts, ponding or saturated soils over the soil treatment area;

Direct pipe surface discharge of grey water (into a dry well, over an embankment, into a roadside ditch or stream/tributary, etc.);

A dye test results in the presence of dye on the ground surface or adjacent/downstream water body;

§ 134-6 Notice of violation; penalties for offenses.

There is a backup of sewage into the home, building, septic tank or facility as a result of a septic tank overload or malfunction, or a clogged soil treatment area;

(6)

The septic tank requires pumping more than four times per year and/or sewage is observed flowing back into the septic tank from the secondary treatment area during pump-out;

(7)

Presence of a metal septic tank that is undersized and/or corroded;

(8)

A cesspool, defined as a covered hole or pit used to receive untreated sewage from a house or building constructed as a primary source of wastewater disposal;

(9)

A holding tank that discharges effluent to surrounding subsurface areas;

(10)

No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA) shall be permitted to discharge to any natural outlet or adjoining property.

Access to parcel for inspection. On properties for which an OWTS inspection has been requested by the owner or owner's agent pursuant to this article, the Village or its designated agent shall be permitted by the property owner to make a physical inspection of the lands and premises in order to determine compliance with this article.

§ 134-5 Appeals; variances.

Appeals from determinations of the person designated by the Village to perform the inspections hereunder and/or requests for variance/waivers from the provisions of this article must be sought from the Village Board of Trustees of the Village of Speculator as the local Board of Health within 60 days.

Forms for such appeals and/or requests for variance and waivers will be made available to the public in the office of the Village Code Enforcement Officer. Such forms must be properly filled out and must be submitted to the office of the Village Code Enforcement Officer with payment of the applicable fee as established by the Village Board.

In evaluating appeals from determinations of the Village's designated agent, the Village Board may consider whatever information it deems relevant, including any evidence or information submitted by the applicant and any information obtained from the Village's designated agent or any Village consultant. In the event additional information is needed, the Village Board may direct a subsequent inspection of the OWTS at issue, in which case the applicant will not be required to make any additional inspection payments.

In regard to any request for variance or waivers, the Village Board should take into consideration all matters it deems relevant, including the age of the OWTS, whether it appears to be functioning, its proximity to water bodies, its age, the circumstances concerning the request for variance or waiver and the hardship to the property owner in the event no variance or waiver is granted.

The above remedies shall be exhausted by an aggrieved property owner or applicant prior to any judicial review.

If a property owner fails to complete an inspection required by this article, or to allow access to the property for the required inspection, or if the property owner fails to comply with any other provision of this article, a notice of violation may be issued by the Village Code Enforcement Officer mandating the compliance with the inspection requirements and such official or any designee of such official shall have the authority to enforce the requirements of this article.

In the event the property owner, in its capacity as grantor, was issued a notice of violation and such violation continues for a period of six months, the current property owner (or grantee) too shall be deemed to be in violation of this article and may be subject to enforcement proceedings.

An offense against any provision of this article shall constitute an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial officers generally, violations of this article shall be deemed misdemeanors and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each weeks' continued violation shall constitute a separate additional violation.

Article II Mandatory Septic Inspection Program

[Adopted 10-14-2025 by L.L. No. 2-2025]

§ 134-7 Statutory authority.

This enactment is pursuant to Article 7 of the New York State Village Law, Article 3 of the Public Health Law and by the Municipal Home Rule Law of the State of New York.

§ 134-8 Findings and intent.

The intent of this article is to better protect water bodies from exposure to excess nutrients and pollutants by better ensuring that onsite wastewater treatments systems proximate to such water bodies are functioning properly. The Village of Speculator finds that the occurrence of such nutrients and pollutants is increased by the presence of inadequately functioning septic systems proximate to water bodies. In addition, such septic systems are more likely to be a threat to public health with particularly acute impacts upon the general public through impairing and contaminating precious ecological resources of the Village and, in some limited cases, even rendering drinking water unsafe.

§ 134-9 Compliance required.

Applicability/Wastewater Inspection Program Area. This article shall apply to all real property located within the overlay district created by Local Law 4 of 2023. Therefore, this article shall apply to all lands which are partially or wholly within 250 feet of the mean-high water mark of Lake Pleasant, Lewey Lake and Whitaker Lake. Overlay district maps indicating these areas of Lake Pleasant, Whitaker Lake and Lewey Lake are included in the attached Appendices A, B and C.[1]

[1]

Editor's Note: See 134 Attachment 1.

§ 134-10 Prohibitions.

No person shall own or operate an OWTS within 250 feet of the mean-high water mark of Lake Pleasant, Lewey Lake and Whitaker Lake that is failing as set forth more fully in this article.

§ 134-11 Systems exempt from the wastewater treatment system inspection program.

The following properties and wastewater treatment systems are exempt from the Wastewater Treatment System Inspection Program in this article:

Any property located inside the Wastewater Inspection Program Area, but which is serviced by a tank and any absorption area located entirely outside the Wastewater Inspection Program Area (overlay district).

Any property which is connected to and serviced by the Village of Speculator's Wastewater Treatment System.

Persons claiming an exemption under this section shall bear the burden of demonstrating that all the requirements for an exemption are met.

§ 134-12 Mandatory septic inspection.

Inspections under this article shall be required once every 10 years.

For all real property subject to this article utilizing an on-site wastewater treatment system (OWTS), the OWTS must be inspected by a NYS Professional Engineer or an individual that is properly authorized and, certified by the State of New York (Agent) to undertake septic inspections. The inspection shall include a septic tank pump out by a New State Department of Environmental Conservation (NYSDEC) registered septic hauler and all seepage pits and septic drainfields, distribution boxes (D-box) accepting effluent from a septic tank must be uncovered and opened by the property owner or their Agent prior to inspection. A report of such an inspection must be provided to the Code Enforcement Officer and must contain sufficient detail so that the Code Enforcement Officer can confirm that the inspection requirements of this article have been complied with. The property owner shall retain all qualified inspectors. Mandatory septic inspection work sheets are defined in Subsection D. The septic system inspections will be either, pass or fail.

Categories of outcomes. The outcome of a septic inspection is divided into two distinct categories under this program:

Pass or fail.

Each of these categories relates to how the system is both designed and functioning Failures and systems that are substandard are defined in Subsection D:

Upon the receipt of a satisfactory inspection report ("pass") and in accordance with the protocol set forth in Subsection D below, the Code Enforcement Officer shall issue to the property, a letter determination confirming either that the inspection report demonstrates compliance with or unlawful deviation from the provisions of this article.

The OWTS inspection shall utilize the Village of Speculator Septic Inspection Request Form (Appendix D), and the OWTS Inspection Report (Appendix E), all of which shall be available in the Office of the Village Code Enforcement Officer. All complete System Inspection Report Forms will be filed with the Village's Code Enforcement Officer. The following minimum standards shall apply to each inspection:

All septic tanks and holding tanks must be within 250 gallons of the minimum volume requirement; minimum volume includes bedrooms, rooms used for sleeping, Jacuzzi tubs and garbage grinders;

Septic tanks shall be located in a conspicuous place to indicate when pump out is necessary. A copy of the pump out records shall be provided with the inspection report; and

Temporary exemption. The following property owners shall be exempt from the provisions of this article in the following situations and pursuant to the terms identified below:

A failure of the septic system is found, but due to winter and freezing conditions, the repair to an existing OWTS cannot occur and/or a new OWTS cannot be installed. In order to qualify for this temporary exemption, a notarized affidavit from the property owner to complete the installation or repair of the septic system within six months of the date of inspection, or June 1, whichever comes first, must be filed with the Village Code Enforcement Officer. A check payable to the Village of Speculator in the amount of $100 will be held in a noninterest-bearing account and shall be released upon the completion of the repair or installation of a new septic system and a satisfactory OWTS inspection by the Village's Code Enforcement Officer.

There is a record of the property's OWTS having passed inspection within the last 10 years, or a new septic system has been installed in the last 10 years.

Failure to complete the inspection, obtain the permit or complete all repairs/installations identified in the preceding subsections within the time provided or any subsequent deadline established by the Village of Code Enforcement Officer will result in forfeiture of any monies held in escrow and the Village may use such funds toward abating the conditions caused by violations of this article.

Failure of OWTS. Failure of an existing OWTS occurs when the standards for lawful OWTS as set forth in the Department of Health Regulations 10 NYCRR Part 75, including 10 NYCRR Appendix 75-A are not met. While not exhaustive, some examples of a failing system include the following:

Lack of a pretreatment vessel (i.e., septic tank, etc.) prior to effluent discharge to any subsurface treatment (soil treatment area or absorption field);

There is a discharge of effluent directly or indirectly to the ground's surface, with surface breakouts, ponding, or saturated soils over the soil treatment area or absorption field;

Direct pipe surface discharge of grey water (into a dry well, over an embankment, into a roadside ditch or stream/tributary, etc.);

A dye test results in the presence of dye on the ground surface or adjacent/downstream waterbody;

§ 134-13 Design, repair and replacement of OWTS.

There is a backup of sewage into the home, building, septic tank, or facility as a result of a septic tank overload or malfunction, or a clogged soil treatment area or absorption field;

(6)

The septic tank requires pumping more than four times per year and/or sewage is observed flowing back into the septic tank from the secondary treatment area during pump out;

(7)

Presence of a metal septic tank that is undersized and/or corroded;

(8)

A cesspool, defined as a covered hole or pit used to receive untreated sewage from a house or building constructed as a primary source of wastewater disposal;

(9)

A holding tank that discharges effluent to surrounding subsurface areas;

(10)

The release of untreated or partially treated wastewater directly or indirectly to the ground surface or to surface waters.

(11)

Lack of a septic tank before discharging wastewater into the ground, as seen in cesspools. Lack of an underground treatment area when not using a holding tank. Sewage backup into the home, building, septic tank, or distribution box, including effluent flowing back during pump-out.

(12)

The need for a septic tank pump-out more than four times a year.

(13)

If a system fails inspection, the Code Enforcement Officer allows three years for compliance, or 60 days for immediate action in cases of imminent hazards.

(14)

Systems that pass inspection are considered compliant for 10 years from the inspection date.

(15)

The Code Enforcement Officer administers the inspection of wastewater systems; however, review and permitting of all new systems remains the purview of the local review authority (e.g. village, town, county, NYSDOH).

The design, repair, or replacement of any new OWTS shall comply with the New York State Department of Health (NYSDOH) Residential OWTS System Design Handbook. The design, repair, or replacement of any new OWTS shall be under the supervision of a licensed design professional (Professional Engineer, or a Registered Architect). All other applicable regulations shall be adhered to as required by the New State Department of Environmental Conservation (NYSDEC) and the Adirondack Park Agency (APA).

§ 134-14 Grandfathering clause.

Definition. A grandfather clause, also known as grandfather policy, grandfathering, or being grandfathered in, is a provision in which an old rule continues to apply to some existing situations while a new rule will apply to all future cases. Those exempt from the new rule are said to have grandfather rights or acquired rights, or to have been grandfathered in. Frequently, the exemption is limited, as it may extend for a set time, or it may be lost under certain circumstances; for example, a grandfathered OWTS might be exempt from new, more restrictive pollution laws, but the exception may be revoked, and the new rules would apply if the OWTS were expanded. Often, such a provision is used as a compromise or out of practicality, to allow new rules to be enacted without upsetting a well-established logistical or political situation.

All existing OWTSs, with the exception of cesspools, are grandfathered to the date of construction. All failed components must be replaced with a new component (examples: septic tank failure- replace septic tank at same volume; septic fields- replace failed fields with new septic system components, etc.).

Failed components must be replaced within three years of the implementation of Local Law 1 of 2025.

Cesspools are required to have new septic system installed within five years of the implementation of Local Law 1 of 2025.

§ 134-15 Variances.

Standards. An owner who experiences practical difficulty or unnecessary hardship because of the literal interpretation of the provisions of the Village of Speculatory Local Law No. 1 may request a hearing by the Code Enforcement Officer and Board of Trustees. The Code Enforcement Officer and Board of Trustees may recommend a variance from the requirements of this article, and if the Code Enforcement Officer and Board of Trustees finds that the essential purpose of these regulations, namely the protection of public health and water quality, will be accomplished even if the variance is created. The Code Enforcement Officer and Board of Trustees Variance Committee shall consider the following factors and make applicable findings:

Whether the use or activity to be authorized by the waiver or variance is in harmony with the purpose and intent of this article.

Whether a substantial change will be produced in the general condition of the water quality or a substantial risk to groundwater quality or quantity will be created because of the variance.

Whether the hardship or difficulty can be alleviated by some other method that is feasible for the applicant to pursue.

Whether the variance requested is the minimum variance necessary to afford relief. To this end, the Variance Committee may recommend a lesser variance than that applied for.

Whether the hardship or difficulty has been created by the applicant.

§ 134-16 Appeals.

Appeals from the determinations of the Code Enforcement Officer under § 134-12C of this article by any person aggrieved by such determination may be made to the Village Board of Trustees of the Village of Speculator in its capacity as the local Board of Health within 60 days of the issuance of such determination.

Forms for such Appeals will be made available to the public in the office of the Village Code Enforcement Officer. Such forms must be properly filled out, signed, and submitted to the office of the Village Code Enforcement Officer with payment of the applicable fee as established by the Village Board.

In evaluating appeals from determinations of the Village Code Enforcement Officer, the Village Board may consider whatever information it deems relevant, including any evidence or information submitted by the applicant and any information obtained from the Village Code Enforcement Officer or any Village engineering consultant. The Village Board may seek additional information from the applicant and/or the Code Enforcement Officer to aid it in reaching its determination.

The Village Board may uphold the Code Enforcement Officer's determination, overturn the Code Enforcement Officer's determination, or modify the Code Enforcement Officer's determination, including modifying any curative steps outlined by the Code Enforcement Officer. In addition, if the Village Board finds that the inspection report at issue demonstrated compliance with this article, such a finding will result in:

The owner is not obliged to cause a subsequent inspection to be made until the expiration of 10 years, however this provision does not modify any inspection requirement that may exist in any other State, or Village Law, including Local Law 1 of 2025;