This Part 1 shall be known as the "Town of Queensbury
On-Site Sewage Disposal Ordinance." The Town of Queensbury is hereinafter
referred to as the "Town."
This Part 1 shall govern the disposal of sewage
and the design of all sewage disposal systems within the Town, except
that this Part 1 shall not govern the design or installation of community
or public sewers or the disposal of sewage by means of a community
or public sewer.
The purpose of this Part 1 is to promote the
health, safety and general welfare of the community by ensuring, through
the location, construction and use of properly designed facilities,
that sewage and other wastes are disposed of in a manner that will
not create a health hazard, adversely affect the environment or impair
the enjoyment or use of property.
Except as hereinafter provided:
A.Â
It shall be unlawful for any person to construct,
alter, repair or extend any facility or part of such facility intended
or used for the discharge of sewage.
B.Â
It shall be unlawful for any person to cause to be
discharged, within the Town, any sewage except by systems designed,
installed and approved in accordance with the requirements of this
Part 1, except that holding tank sewage wastes shall be disposed of
in an approved disposal site designated by the Town of Queensbury
and approved by the New York State Department of Environmental Conservation.
C.Â
It shall be unlawful for any person to use or maintain
any individual sewage disposal system that is unsafe, is a source
of pollution to any of the surface waters in the Town, permits the
seepage of sewage to ground surface or interferes with the enjoyment
or use of property.
D.Â
It shall be unlawful for any person to use, occupy
or maintain any building, residence or dwelling with a failed on-site
sewage disposal system, including but not limited to failed individual
sewage disposal systems or failed preexisting individual sewage disposal
systems; or, to use any such system that is a source of pollution
to surface water or groundwater or interferes with the use and enjoyment
of the property and/or neighboring property.
[Added 5-5-1997 by L.L. No. 4-1997]
E.Â
An individual sewage disposal system shall be deemed
to have failed if groundwater or surface water is shown to contain
sewage which has leached from the system. In addition, if a dye test
is performed and the dye is found anywhere upon the property or within
the dwellings or outbuildings that are on the property and/or neighboring
property, the individual sewage disposal system shall be considered
failed. The enforcement officer may conduct or cause to be conducted
the dye test, upon reasonable notice to the owner or occupant, if,
in his sole discretion, he has reason to believe that the system has
failed. The dye test shall be considered prima facie evidence in any
court that the system has failed. Upon reasonable notice to the owner
or occupant, the enforcement officer, in his sole discretion, may
conduct or cause to be conducted further testing, including water
sampling or excavation, to determine what has caused the failure and
how it should be remediated.
[Added 5-5-1997 by L.L. No. 4-1997]
As used in this Part 1, the following terms
shall have the meanings indicated:
The rate at which septic tank effluent is applied to a subsurface
absorption trench or pit; for design purposes, expressed in gallons
per day per square foot (gpd/ft2).
A flow-deflecting device used in septic tanks to check or
inhibit the velocity of a stream of flow or the discharge of floating
and suspended solids. See "sanitary tee."
A structure wholly or partially enclosed with exterior or
party walls and a roof, affording shelter to persons, animals or property.
That part of the lowest piping of a drainage system which
receives the discharge of soil, wastes and other drainage pipes inside
the walls of the building and conveys such discharges to the building
sewer. The "building drain" extends to three feet outside the building
wall.
That part of the drainage system which extends from the end
of the building drain and conveys its discharge to an individual sewage
disposal system, public sewer, private sewer or other approved point
of disposal.
An opening providing access to sewage disposal devices (house
sewer, septic tank, distribution box, etc.) which allows for the cleaning
or purging of materials and obstructions.
A sewer receiving both surface runoff and sewage.
A public water system which serves at least five service
connections used by year-round residences or regularly serves at least
25 seasonal residences.
That area to which sewage is distributed for infiltration
to the soil.
The permit required before construction of an on-site sewage
disposal system.
The certificate required before any portions of an on-site
sewage disposal system are backfilled or covered. The report of the
Director of Building and Code Enforcement shall be deemed as the "use
certificate."
[Amended 5-24-1991 by L.L. No. 6-1991]
A device used to uniformly distribute sewage to the distribution
lines.
Repairs designed to prevent or abate an imminent threat to
the public health, safety or welfare, caused or about to be caused
by an individual sewage disposal system.
The person appointed by the Town Board whose duty and authority
it is to administer and enforce the provisions of this Part 1, with
assistance from the Zoning Administrator.
The natural topography of land prior to construction activity.
Any sewage disposal system involving earth fill above natural existing ground level and designed according to the provisions of Article II.
The elevation that ground will have at the conclusion of
cutting, filling or other site work.
Organic solid wastes from domestic and commercial preparation,
cooking or dispensing of food or from the handling, storage and sale
of produce.
The slope of a line of pipe, trench bottom or ground surface
in reference to a horizontal surface.
A mixture of mineral soil particles whose individual diameter
range from 1/4 inch to three inches.
Commonly known as the effluent from sinks, lavatories, laundry
machines, dishwashers, baths or showers, excluding the effluent from
toilets, urinals, etc., which discharge sanitary sewage. "Graywater"
consists of water, soap, detergents, household cleaners, etc., but
not human or animal wastes.
Soil moisture occupying a zone of saturated soil which has
a thickness of at least six inches for at least a two-week period
during the average water year.
A sealed watertight vessel used to store sewage until it
is removed and transported to an approved disposal site by a licensed
waste hauler.
[Added 7-11-1989]
Material with a percolation rate slower than 60 minutes per
inch.
A complete system of piping, tanks or other facilities for
the on-site collection, treatment and disposal of sewage, and not
connected to a community or public sewer system.
Any liquid, gaseous, solid or waste substances, or a combination
thereof, resulting from any process or industry, manufacturing, trade
or business or from development or recovery of any natural resource.
With respect to individual sewage disposal systems, that
such structure has been substantially commenced or completed.
The bottom-most point of an open conduit, or the bottom-most
point on the inside of a closed conduit.
Any structure that is designed to distribute sewage into
the soil. See "seepage pit" or "disposal field."
The Town Board acting pursuant to its authority found in Article 3 of the Public Health Law.
See "major repair."
Any replacement or reconstruction of the septic tank or the
leaching facility of an individual sewage disposal system or any other
repair or replacement not otherwise defined as a minor repair.
[Amended 5-5-1997 by L.L. No. 4-1997]
The average annual high water level.
See "minor repair."
The replacement or repair of pipe(s) between the septic tank
and the house, replacement or repair of pipe(s) between the septic
tank and the distribution box, replacement or repair of pipe(s) between
the distribution box and the seepage pit or replacement or repair
of the distribution box.
[Amended 5-5-1997 by L.L. No. 4-1997]
The movement of water downward through the pores of a soil
or other porous medium following infiltration through the soil surface.
A standard procedure for testing soil permeability to determine
the sewage application rate. See Appendix F for the proper procedure
for such a test.
[1]Any individual disposal system that was lawfully in existence
prior to May 27, 1982.
A building fixed to a vault or pit, equipped with seating
to allow for excretion of body waste.
Pipe fitting used in septic tanks to reduce flow velocities
so as to increase solids settling in the tank and prevent carry-over
of solids. See "baffle."
A covered underground pit with a permeable lining that permits
the infiltration of treated sewage to the surrounding soil.
The combination of human and household wastes with water
which is discharged to the home plumbing system; the waste from a
flush toilet, bath, sink, lavatory, dishwashing or laundry machine;
or the water-carried waste from any other fixture or equipment or
machine.
Seepage pits or tile fields.
Any lake, pond, river, stream, intermittent stream or wetland.
Human excretion and toilet flushing fluid.
All soil with a percolation rate faster than one inch in
60 minutes.
[1]
Editor's Note: Appendix F is included at the end of this chapter.
