[Adopted 8-5-1987 by L.L. No. 3-1987[1]; amended in its entirety 12-29-2008 by L.L. No. 5-2008]
[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Editor's Note: This local law also repealed former Art.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.