N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-3.8

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-3.8 - Subsurface sewage treatment systems

(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.

(b) Design, operation, treatment, and maintenance requirements.

(1) All subsurface sewage treatment systems shall be designed, operated and maintained to prevent the exposure of sewage to the surface of the ground or the discharge of sewage to groundwater.

(2) Mound systems, intermittent sand filters, evapotranspiration/absorption systems and galley systems that did not have all discretionary approvals before June 30, 2002, are prohibited from use in the watershed.

(3) An additional area of at least 100 percent of the primary absorption field area shall be set aside as a reserve absorption field area for any subsurface sewage treatment system.

(4) Primary and reserve absorption fields may not be built under pavement or other impervious surfaces, and pavement and other impervious surfaces may not be built over such absorption fields after installation.

(5) At least one percolation test and at least one deep hole test shall be performed in the primary absorption field. At least one percolation test and at least one deep hole test shall be performed in the reserve absorption field area. An applicant shall notify the department in writing at least seven days prior to performance of such tests, and specify the location and the time of the tests. At the option of the department, a department representative may witness such tests.

(6) Proposed sites with soil percolation rates faster than three minutes per inch or slower than 60 minutes per inch shall not be approved by the department for locating a subsurface sewage treatment system.

(7) Whenever possible, gravity flow systems shall be used for subsurface sewage treatment systems. The use of pumping, mechanical dosing or other mechanical devices shall require a pump chamber equipped with an alarm to indicate malfunction and any other safety features required by the department to prevent sewage overflow. An intermediate sized sewage treatment system or any other kind of subsurface sewage treatment system as described in paragraphs (a)(3)- (4) of this section is required to have either a backup pump or a backup storage tank capable of holding two days flow. An individual sewage treatment system shall have a backup storage tank capable of holding one days flow.

(c) Application requirements.

(1) An application for review and approval of any subsurface sewage treatment systems shall include the following information:

(i) Soil investigation report including:

(a) percolation test results;

(b) deep hole test pit results or boring analysis;

(c) indication of surface water or ledge rock observed;

(d) design rate of flow; and

(e) delineation of United States Department of Agriculture Soil Conservation Service soil type boundaries.

(ii) Building permit number and tax map number where available.

(iii) Four sets of plans showing:

(a) site location, including distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs;

(b) site/system plans;

(c) system profile;

(d) details of system components; and

(e) a report containing:

(1) a description of the project characteristics; and

(2) a detailing of the design process.

(2) An application for review and approval of an intermediate sized sewage treatment system and for any other subsurface sewage treatment system as described in paragraph (a)(4) of this section, shall include all of the information in this subdivision, and additionally shall contain:

(i) an Environmental Assessment form and State Environmental Quality Review Act determination, if applicable; and

(ii) a SPDES permit, if applicable.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-3.8