[1]
Editor's Note: This local law also repealed
former Art. I, Sewage Disposal, adopted 10-14-1949, as amended.
A.
The purpose of these regulations shall be to protect
the health, safety, and general welfare of the residents of the Town
of New Hartford by regulating individual sewage treatment systems
in accordance with Appendix 75-A Wastewater Treatment Standards-Individual
Household Systems[1] to ensure among other things that:
(1)
Drinking water supplies will not be contaminated.
(2)
A breeding place for insects, rodents and other possible
carriers that may come into contact with food and drinking water will
not be created.
(3)
A health hazard will not be created as the result
of sewage exposed on the surface of the ground.
(4)
Waters of any recreational area will not be polluted.
(5)
A nuisance resulting in obnoxious odors and unsightliness
will not be caused.
(6)
Safety hazards will not be created.
(7)
Attractive nuisances will not be created.
[1]
Editor's Note: See 10 NYCRR Appendix 75-A.
B.
Nothing contained in these regulations shall be construed
to permit the installation or continued operation of treatment facilities
which are or may become a nuisance.
A.
No permit for the installation, alteration or extension
of any septic tank, tile field, leaching pit, chemical toilet, privy,
pipe or other means for the treatment or discharge of sewage or sink
wastes shall be issued, nor shall the construction or erection of
any structure intended for human occupancy be commenced, until, an
application has been duly completed by the applicant on forms supplied
by the Codes Enforcement Officer of the Town of New Hartford, including
the following information:
(1)
A Tax Map, plot plan, or survey map of the parcel
on which the applicant intends to install the treatment system, including
Tax Map number and legend/scale. Said map shall depict the intended
location of the treatment system, the location of all property lines,
permanent structures, water supply systems, easements and rights-of-way
on the parcel. A licensed survey may be required where the Code Enforcement
Officer deems it to be necessary.
(2)
A design drawing of the treatment system the applicant
intends to install on the parcel which is stamped by a New York State
licensed engineer or architect.
(3)
Upon completion of the installation, the architect
or engineer of record shall file a certificate of completion with
the officer stating that, to the best of his/her knowledge, and based
on his/her or his/her designee's inspection(s), the system has been
installed in conformance with the submitted drawings and conforms
to all applicable design standards.
B.
Exception. Installations or repairs made to existing
treatment systems that require removal or replacement of less than
50% of the system shall not be required to be designed and inspected
by a New York State licensed engineer or architect.
C.
Alternative or experimental system. Any system deemed
to be an alternative or experimental system shall also be submitted
and approved by the Oneida County Department of Environmental Health
or the New York State Department of Health if those services are not
available through Oneida County.
D.
All new installations or repairs to existing systems
shall require a certificate of compliance or certificate of occupancy
to be issued by the Code Enforcement Officer.
E.
Fees shall be paid in accordance with the established
fee schedule in § 118-93D(10) of the Code of the Town of
New Hartford.
Civil penalties. A violation of the code or this article shall constitute an offense punishable by a fine and/or imprisonment as prescribed in § 118-80 of the Code of the Town of New Hartford. A violation of the code or this article shall constitute a civil offense punishable by a fine not to exceed an amount established by the Town Board and/or imprisonment for a term not to exceed that established, by the Town Board. The continuation of an offense against the provisions of this article shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
All appropriate forms shall be obtained from
the Codes Enforcement Officer of the Town of New Hartford whose office
is located at 111 New Hartford Street, New Hartford, New York.
In cases where existing systems fail and cannot
be corrected to the standards set forth by the New York State Department
of Health, a waiver may be requested from the Oneida County Department
of Health. The purpose of this waiver provision is to allow for reasonable
compromises regarding design standards for existing traditional systems,
where the use of an alternative disposal system is not feasible. This
application must contain statements from the Oneida County Sanitary
Inspector, a New York State sanitary engineer, or other qualified
individual experienced in sewage treatment systems detailing what
factors prevent the use of a system designed in conformance with the
requirements of the "Waste Treatment Handbook, Individual Household
Systems."
All amendments to this article shall be in accordance
with the provisions of the Town Law and Oneida County Department of
Health regulations applicable thereto.
Upon the issuance of a septic permit for a sewage
treatment system, the Town Codes Enforcement Officer shall issue a
certificate of compliance. No person shall occupy a residence until
such time as the certificate of compliance or certificate of occupancy
is issued.
