New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 646 - Substantive Regulations › Subpart 646-3 - Wastewater Management › Section 646-3.6 - Wastewater Treatment System Inspection Program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All Wastewater Treatment Systems in the
					 Wastewater Inspection Program Area shall be subject to a Wastewater Inspection every
					 five years unless otherwise directed by the Commission or exempted by section 6463.5 
					 of this Subpart.
(b) Any Wastewater
					 Treatment System in the Lake George basin may be subject to a Wastewater Inspection
					 to ensure the system is not a source of pollution and confirm that the system is
					 compliant with the terms of this Subpart.
(c) Wastewater Inspections shall be conducted by
					 Commission staff or by a Qualified Wastewater Inspector, as directed or authorized
					 by the Commission.
(d) Wastewater
					 Inspections shall be undertaken in accordance with forms provided by the Commission
					 containing the information required by subdivision (g) of this section. Completed
					 forms shall be filed with the Commission within 30 days of a wastewater inspection
					 by the Qualified Wastewater Inspector.
(e) Prior to inspection, all septic tanks, seepage
					 pits and drain field distribution boxes accepting effluent from a septic tank must
					 be uncovered and opened by the landowner or their agent.
(f) The Wastewater Inspection shall include a
					 septic tank pump out by a septic hauler registered with the Department pursuant to 6
					 NYCRR Part 364.
(g) Wastewater
					 Inspections shall include, at a minimum, a review and diagram of the septic tank,
					 distribution box, leaching components, and fixtures discharging to the system, and
					 may include review of the number of bedrooms or applicable commercial units
					 associated with the system as well as accepted methods for evaluation of system
					 performance (e.g. dye testing).
(h) If a
					 Wastewater Treatment System in the Lake George basin is found to be Failing, the
					 Commission shall afford the landowner a reasonable time period to bring the system
					 into compliance with applicable design standards. The time period afforded for
					 compliance shall be commensurate with the hazard the system poses to public health,
					 the water quality of Lake George, and the natural resources of the basin, but shall
					 not exceed six (6) months from the date of documented Failure. In instances of
					 ongoing or imminent hazard, such as wastewater collecting on the ground surface or a
					 direct discharge to a surface water, the Commission may require immediate action
					 including repair, replacement, and/or remediation as necessary.
(i) If a Wastewater Treatment System in the Lake
					 George basin is found to be Substandard, the Commission shall afford the landowner a
					 reasonable time commensurate with the hazard the system poses to public health, the
					 water quality of Lake George, and the natural resources of the basin to bring the
					 system into compliance with applicable design standards. The time period afforded
					 for compliance shall not exceed five years from the date of the documented
					 Substandard condition.
(j) No
					 modification, repair, or construction of a Wastewater Treatment System shall be
					 undertaken until all necessary permits and approvals are obtained from the Review
					 Authorities having jurisdiction. All such permits and associated design plans shall
					 be retained by the landowner, and provided to the Commission upon request in such
					 format as may be directed (e.g. electronic pdf).
(k) The Commission may grant extensions to the
					 time periods afforded to landowners for Wastewater Treatment System compliance for
					 good cause.