[HISTORY: Adopted by the Town Board of the Town of Barton at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
A. 
All definitions printed in Appendix 75-A shall apply to this chapter.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
AGENT
A person requested, employed or contracted by an owner or owners, occupant or lessee, or subcontractor of such person.
APPENDIX 75-A
Appendix 75-A, Part 75 of that promulgated by the Commissioner of Health in New York Code Rules and Regulations, Chapter II of Title 10 (Health) by authority vested in the Commissioner of Health by § 201, Subdivision 1(l), of the Public Health Law.
DISTANCE
The shortest horizontal linear distance from the nearest point or structure or object to the high-water mark of the nearest watercourse or the edge, margin or top of precipitous bank forming the mean high-water mark of a watercourse.
MUNICIPALITY
The Town of Barton, its officials, agents and employees.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site and requiring a new wastewater system and currently not utilizing a wastewater system.
REGULATORY OFFICER
Such person or persons designated as such, from time to time, by the Town Board of the Town of Barton.
REPLACEMENT WASTEWATER SYSTEM
Any construction or modification of a system for an existing building which already has a system. Complete or partial replacement of a system for an existing property with a system shall be considered a "replacement wastewater system" and must be approved by the regulatory officer.
The purpose of these regulations is to preserve and protect the surface and ground water in the Town of Barton. These standards are established to ensure adequate performance of wastewater treatment systems, to protect health and to optimize the effectiveness of the systems at removing nutrients from wastewater.
The provisions of these rules shall be in effect throughout the Town of Barton and apply to all wastewater treatment systems not subject to the New York State Department of Environmental Conservation or New York State Department of Health permitted facilities.
A. 
Wastewater from any new construction shall be discharged directly into public wastewater disposal systems if available and accessible within 100 feet or less of the property line.
B. 
If there is no public wastewater disposal available, residential, commercial or institutional wastewater must be treated by a wastewater treatment system approved by a regulatory officer.
C. 
No untreated wastewater from a wastewater system shall be deposited or allowed to escape into any watercourse in the municipality or allowed to surface or be washed over the ground.
A. 
No human excreta, either raw or partially decomposed, may be dipped, pumped or shoveled from a septic, aerobic or holding tank and placed in or on the ground in the town without specific approval of the site by the Department of Environmental Conservation (DEC) of the State of New York.
B. 
Any septic tank or holding tank that shows evidence of leaking must be replaced or repaired within the time period specified in § 141-11.
A. 
Wastewater systems for new household construction shall be designed in accordance with Appendix 75-A. New construction shall be based on a sewage flow of not less than three bedrooms. The definitions contained in Appendix 75-A shall also apply to this chapter.
B. 
Wastewater systems for new commercial or institutional construction must be designed according to the New York State Department of Environmental Conservation guidelines (Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities, or current reference).
A. 
Construction of replacement wastewater systems must be under the approval of the regulatory officer or a design professional. Replacement systems shall be designed and installed according to the provisions of Appendix 75-A.
B. 
On limiting site conditions, the regulatory officer shall utilize up-to-date practical technology or require that the system be designed and installed under the direction of a qualified, licensed engineer. The regulatory officer shall, in his or her sole discretion, allow this provision to be met by use of designed systems as set forth in Appendix 75-A. A holding tank may be constructed under the supervision of the regulatory officer as described in § 141-12.
C. 
Households served by replacement systems may be required to have DEC certified water conservation fixtures prior to the issuance of a permit to operate.
D. 
If the site is only occasionally inhabited, such as a hunting camp, and has no water under pressure or wastewater discharge, the regulatory officer may allow a sanitary privy, other nonwaterborne system as described in Appendix 75-A, a designed system or request that an engineered system be designed when site conditions are limiting. However, no privy will be allowed on the premises for a period of greater than six months in one calendar year.
E. 
Wastewater systems for replacement commercial or institutional construction must be designed according to the New York State Department of Environmental Conservation guidelines in Standards for Waste Treatment Works - Institutional and Commercial Sewage Facilities, or current reference.
A. 
The regulatory officer shall be allowed to make regular and thorough inspections of wastewater treatment systems in the municipality for purposes of inspection, observation and testing of wastewater treatment systems. Whenever it shall appear to the regulatory officer that a wastewater system is inadequate, a written notice of violation shall be given to the property owner specifying the nature of the violation and required corrective action. The owner of the wastewater system has up to 30 days from receipt of the notice of violation to obtain a wastewater system construction permit. Completion of work detailed in the wastewater system construction permit shall be performed within the time period specified in the permit, according to § 141-11.
B. 
The regulatory officer shall investigate all complaints under the provisions of this chapter and document all follow-up investigations.
C. 
It shall be the duty and obligation of the wastewater system owner to supply upon request to the regulatory officer available information regarding wastewater system type, capacity, location, usage, age, maintenance, etc., in order to determine the system's effectiveness.
A. 
All septic tanks require regular inspection to ensure that baffles are adequate, to check for holes or cracks and to determine if the tank needs pumping. Maintenance of the septic tank will help to protect the filtration/absorption area from clogging. Septic tanks, with total depth of sludge and scum exceeding one-third (1/3) of the liquid depth, as demonstrated by the property owner or his agent, will be required to be pumped at the property owner's expense. Physical measurement will be exempt, provided that the tank is pumped and visually inspected by a DEC certified contractor and is approved by the regulatory officer. Additional tank volume may be required by the regulatory officer to meet system use and capacity standards.
B. 
After septic tank pumping, the DEC certified contractor is required to send a septic tank pumping inspection form to the town verifying that the septic tank was pumped and describing other maintenance work completed.
A. 
No construction of new or replacement wastewater systems shall be commenced until an application for a wastewater system construction permit is reviewed and a permit is issued by the regulatory officer.
B. 
No person shall build, erect, construct, expand, enlarge, add bedrooms or convert to another use any structure or system that is subject to the provisions of this chapter and involves wastewater discharge. However, such building, erecting, construction, expansion, enlargement, addition of bedrooms or conversion to another use any structure or system that does not involve or expand wastewater discharge, such as the building of a deck or garage, are exempt from this provision.
C. 
Construction of a system shall be in accordance with the specification approved in the wastewater system construction permit.
D. 
No element of the system shall be converted until inspected and approved in accordance with the wastewater system construction permit. Covered work shall be uncovered to permit inspection whenever considered necessary by the regulatory officer.
E. 
The regulatory officer shall be notified a minimum of 48 hours prior to the requested inspection date.
F. 
A wastewater system construction permit shall be valid for up to one year.
A. 
Where a written notice of violation has been issued for an inadequate wastewater system or component thereof, corrective action according to an approved wastewater system construction permit must be completed within six months.
B. 
Where a wastewater system violation is considered by the regulatory officer to be a public health hazard, such as raw sewage on the ground or entering a watercourse, a maximum of 60 days will be allowed for corrective action. Corrective action may be required sooner, depending on the risk to public health and safety.
No wastewater system shall be placed in operation or any new building, structure or mobile home be occupied until a permit to operate has been issued, indicating that such system has been constructed in compliance with the wastewater system construction permit.
Written notice of violation shall be issued to any property owner with a wastewater disposal system found in violation of these rules and regulations, stating the date(s) by which corrective action shall be completed. Any violation beyond that date shall be punishable by a fine not to exceed $1,000 and/or imprisonment for a period not to exceed one year per day of violation. Each week of violation shall be considered a separate offense. In the event of continued violations, the regulatory officer may apply for an injunction or other relief, including property condemnation from the appropriate court of the Town Board. In the event that the municipality institutes proceedings either in local court or in Supreme Court to enforce the provision of this chapter, the offending parties shall be liable for all attorney fees, costs and disbursements incurred by the municipality in bringing said enforcement proceedings. More severe penalties than listed above may be imposed by a local court for blatant and willful violations, such as pumping septic or holding tank wastes directly into surface waters.
A fee will be set by the Town of Barton and adjusted as needed to charge for each wastewater system construction permit and wastewater system inspection by the regulatory officer.[1]
[1]
Editor's Note: The current fee schedule is on file in the office of the Town Clerk.
A. 
Where there are practical difficulties, unusual circumstances or design innovation involved, the regulatory officer may recommend and the Town Board may grant variances from any of the provisions and regulations of this chapter, except those related to the Tioga County Health Department, New York State Department of Health or New York State Department of Environmental Conservation requirements.
B. 
Requests for a variance shall be in writing from the owner or the agent of the owner.
C. 
In considering a request for variance, the Town Board shall be guided by the circumstances of the situation and the intent of the applicant and shall act as to protect the best interests of the community.
D. 
The Town Board shall have the right to make any such variance conditioned upon such terms and restrictions as it, in its sole discretion, shall deem appropriate to protect the interests of the community. Such conditions may include, but are not limited to, placing conditions and/or restrictions on the use of the premises by deed or otherwise.
The permittees under this chapter agree, by acceptance of a permit, to hold the Town of Barton, its officers, agents and employees blameless for any damage to persons or property caused by their negligence in the construction and usage of any wastewater system.