New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter III - Public Water Supplies › Subchapter A - Municipalities, Districts, Companies, Institutions › Part 128 - New York City › Subpart 128-3 - Regulated Activities › Section 128-3.8 - Subsurface sewage treatment systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Minimum requirements.
(1) The design, treatment, construction,
					 maintenance and operation of new subsurface sewage treatment systems, and the
					 plans therefor, require the review and approval of the department, provided
					 that the requirements of this section shall not apply to subsurface sewage
					 treatment systems necessary for an agricultural activity that are designed,
					 provide treatment and are constructed, maintained and operated in compliance
					 with State and Federal law.
(2) All
					 new individual sewage treatment systems shall comply with the requirements of
					 Part 75 and Appendix 75-A of this Title except where a local government or
					 agency has enacted, or these rules and regulations specify, more stringent
					 standards, in which case, the more stringent standards shall apply.
(3) All new intermediate sized sewage
					 treatment systems shall comply with the requirements set forth in Design
					 Standards for Wastewater Treatment Works, Intermediate Sized Sewerage
					 Facilities, New York State Department of Environmental Conservation (1988),
					 except where a local government or agency has enacted, or these rules and
					 regulations specify, more stringent standards, in which case, the more
					 stringent standards shall apply.
(i) As a
					 condition of approval the department may require evidence of financial security
					 prior to construction, from any owner or operator of a new intermediate sized
					 sewage treatment system or a substantial alteration or modification to an
					 existing intermediate sized sewage treatment system. Such financial security
					 shall consist of a bond, or an equivalent guaranty, to be deposited with the
					 department, covering the full cost of the construction of such facility and an
					 additional bond or an equivalent guaranty for the payment of labor and material
					 furnished in the course of such construction. Upon completion of construction
					 and payment of labor and materials, such bonds or other guaranties shall be
					 released. Additionally, a bond or equivalent guaranty may be required for the
					 maintenance and operation of the facility for a period of five years
					 post-construction. No bond or guaranty is required where the owner or operator
					 of such a facility is a village, town, county or city.
(4) All new subsurface sewage treatment
					 systems, other than those covered by paragraphs (2) and (3) of this
					 subdivision, shall comply with the applicable requirements of Part 75 and
					 Appendix 75-A of this Title or the applicable published standards of the Design
					 Standards for Wastewater Treatment Works, Intermediate Sized Sewerage
					 Facilities, New York State Department of Environmental Conservation (1988),
					 except where a local government or agency has enacted, or these rules and
					 regulations specify, more stringent standards, in which case, the more
					 stringent standards shall apply.
(i) As a
					 condition of approval the department may require evidence of financial security
					 prior to construction, from any owner or operator of a new subsurface sewage
					 treatment system or a substantial alteration or modification to an existing
					 subsurface sewage treatment system. Such financial security shall consist of a
					 bond, or an equivalent guaranty, to be deposited with the department, covering
					 the full cost of the construction of such facility and an additional bond or an
					 equivalent guaranty for the payment of labor and material furnished in the
					 course of such construction. Upon completion of construction and payment of
					 labor and materials, such bonds or other guaranties shall be released.
					 Additionally, a bond or equivalent guaranty may be required for the maintenance
					 and operation of the facility for a period of five years post- construction. No
					 bond or guaranty is required where the owner or operator of such a facility is
					 a village, town, county or city.
(5) No part of any absorption field for a new
					 conventional individual subsurface sewage treatment system, as described in
					 Appendix 75-A of this Title, or for the types of sewage treatment systems
					 described in paragraphs (3) and (4) of this subdivision, or for an Ulster
					 County fill system, shall be located within the limiting distance of 100 feet
					 of a watercourse or wetland or 300 feet of a reservoir, reservoir stem or
					 controlled lake. For a new conventional individual subsurface sewage treatment
					 system or for a new Ulster County fill system the department may recommend a
					 greater limiting distance from an absorption field to a watercourse, wetland,
					 reservoir, reservoir stem or controlled lake.
(6) Raised systems, as described in Part 75
					 and Appendix 75-A of this Title, are allowed on undeveloped lots not located in
					 a subdivision or on undeveloped residential lots located in a subdivision which
					 was approved prior to the effective date of these rules and regulations, where
					 site conditions are not suitable for a conventional system provided that:
(i) the system shall be located at least 250
					 feet from any watercourse or wetland and 500 feet from any reservoir, reservoir
					 stem or controlled lake provided that the greater limiting distance for raised
					 systems does not preclude construction on the subject lot or lots of the use
					 proposed by the applicant, and further provided that the site conditions and
					 the subsurface sewage treatment system comply with the other provisions of
					 these rules and regulations and other applicable Federal, State and local laws,
					 as cited in paragraph (1) of this subdivision; or
(ii) raised systems which cannot meet the
					 limiting distances set forth in subparagraph (i) of this paragraph due to size
					 or location of the lot shall be located at the greatest limiting distance
					 possible within the property lines and at least 100 feet from any watercourse
					 or wetland and 300 feet from any reservoir, reservoir stem or controlled
					 lake.
(7) Where a
					 watershed county has adopted a subdivision code that allows a raised system, as
					 described in Part 75 and Appendix 75-A of this Title, or where any system that
					 has been modified from the standards outlined in Appendix 75-A of this Title
					 has been approved by the New York State Department of Health as an alternative
					 system, or where the New York State Department of Health approved such raised
					 or modified alternative systems for use in subdivisions located in the
					 watershed, such raised or alternative systems are allowed in subdivisions that
					 are approved subsequent to the effective date of these rules and regulations,
					 provided that no part of such systems shall be located within 250 feet of a
					 watercourse or wetland or 500 feet of a reservoir, reservoir stem or controlled
					 lake.
(8) Any proposed alteration
					 or modification of any subsurface sewage treatment system, including a
					 noncomplying regulated activity, requires the review and approval of the
					 department, and shall also be subject to the following, where applicable:
(i) Any proposed alteration or modification
					 of any individual sewage treatment system or any other kind of subsurface
					 sewage treatment system described in paragraphs (3) and (4) of this subdivision
					 located within the limiting distances set forth in this section shall be
					 performed in accordance with the New York State Fire Prevention and Building
					 Code, Executive Law, section 370 et seq.
(ii) Any proposed alteration or modification
					 of any intermediate sized sewage treatment system is prohibited unless such
					 alteration or modification complies with the requirements of this
					 section.
(9) All
					 existing subsurface sewage treatment systems, which are operating in accordance
					 with their Federal, State, and local approvals on the effective date of these
					 rules and regulations, but which do not comply with the additional requirements
					 set forth in this section, shall be allowed to continue to operate and shall be
					 considered noncomplying regulated activities. However, if at any time after the
					 effective date of these rules and regulations such subsurface sewage treatment
					 system fails or needs remediation, the owner or operator of the subsurface
					 sewage treatment system shall comply with the following:
(i) any proposed remediation of any part of
					 such existing subsurface sewage treatment system shall require the prior review
					 and approval of the department, and if approved, shall be completed as soon as
					 possible in accordance with a schedule approved by the department;
(ii) upon the failure of any subsurface
					 sewage treatment system, it shall be remediated, to the extent possible, in
					 accordance with the design standards set forth in this section, and shall
					 require the prior review and approval of the department. However, if the
					 department determines, based upon the application submitted by the owner or
					 operator of the subsurface sewage treatment system, that such system cannot
					 comply with this section, the owner or operator of the subsurface sewage
					 treatment system shall cooperate with the department to determine the most
					 suitable location and design for the system on the specific site. The
					 department may require the owner to agree to a regular schedule for the
					 pump-out of any failed subsurface sewage treatment system; and
(iii) the provisions of this paragraph shall
					 not apply to the routine repair and maintenance of a subsurface sewage
					 treatment system, including, but not limited to, the pump-out of a septic tank,
					 the repair of a broken lateral, the leveling of a distribution box, or the
					 removal of a blockage.
(10) Any approval of a subsurface sewage
					 treatment system issued by the department shall expire and thereafter be null
					 and void unless construction is commenced within five years of the date of
					 issuance for systems located within approved subdivisions, or within two years
					 of the date of issuance for all other subsurface sewage treatment systems.
					 Following expiration of the approval, the plans for the subsurface sewage
					 treatment system may be resubmitted to the department for consideration for a
					 new approval.