N.Y. Comp. Codes R. & Regs. tit. 6 § 646-3.3

Current through Register Vol. 46, No. 25, June 18, 2024

Section 646-3.3 - Definitions

Terms used in this Subpart shall have the meaning as defined in Commission regulations at 6 NYCRR Parts 645 and 646, 10 NYCRR Part 75, Appendix A (NYS DOH 75-A), and the Department of Environmental Conservation's Design Standards for Wastewater Treatment Systems in the Lake George Basin, as applicable, except the following terms as used in this Subpart shall mean the following:

(a) DEC Design Standards means the Design Standards for Wastewater Treatment Works in the Lake George Basin published in March 2015 by the Department of Environmental Conservation (Department) and available on the Department's website.

(b) DOH 75-A means the Wastewater Treatment Standards-Residen-tial Onsite Systems adopted by the New York State Department of Health at 10 NYCRR Appendix 75-A.

(c) Failing Wastewater Treatment System shall mean a wastewater treatment system that is characterized by any of the following:

(1) Discharge of untreated or partially treated wastewater directly or indirectly to surface waters or the ground surface including overflow outlets, broken system elements, surface breakouts, ponding or saturated soil areas;

(2) The presence of a metal septic tank;

(3) Lack of a pre-treatment vessel (e.g. septic tank) prior to effluent discharge to any subsurface treatment area (e.g. soil absorption field), such as with a cesspool;

(4) Lack of a subsurface treatment area in instances where holding tanks are not used;

(5) A backup of sewage into the dwelling, building, septic tank, or distribution box, including effluent flowing back into the septic tank from a soil treatment area during pump out;

(6) A septic tank that requires pumping more than four times per year; or

(7) A septic tank that has less than 50% of the required capacity per DOH 75-A and DEC Design Standards, as applicable.

(d) Qualified Wastewater Inspector means Commission staff or a person who is expressly authorized by the Commission, and is:

(1) a professional engineer licensed in the State of New York, or

(2) certified, trained, or licensed in the discipline(s) of septic system design, installation and/or inspection.

(e) Redevelopment Project means the demolition or abandonment of an existing structure and the construction of a new structure.

(f) Responsible Management Entity (RME) means a legal entity with the requisite managerial, financial, and technical capacity to ensure longterm management of wastewater treatment systems. RMEs may include sewer districts, utilities, municipal authorities, or other entities with the authority to enforce and the capacity to finance the long-term operation and maintenance requirements necessary to ensure wastewater treatment systems are functioning properly.

(g) Review Authority means the municipal, county, and/or State office(s) with wastewater jurisdiction responsible for implementing local standards, regional standards, DOH 75-A and/or the DEC Design Standards. For purposes of section 646-3.8 of this Subpart, Review Authority does not include the Department.

(h) Substandard Wastewater Treatment System means a wastewater treatment system that is found to be designed, constructed, or functioning in non-conformance with the applicable standards of this Subpart, DOH 75-A, or the DEC Design Standards. A Substandard Wastewater Treatment System shall include a wastewater treatment system characterized by any of the following conditions, unless construction of the system has been expressly permitted pursuant to DOH 75-A or DEC Design Standards, with variances or waivers as applicable, by the appropriate Review Authority:

(1) a septic tank that has less than 100% of the required capacity per DOH 75-A and DEC Design Standards, as applicable;

(2) an absorption area located less than 50 feet to the mean high water mark of Lake George or less than 50 feet to the high water mark of a AA-S stream designated or mapped by the Department pursuant to ECL section 17-0301; or

(3) an absorption area that has less than 75% of the required capacity (e.g. absorption trench or seepage pit dimension).

(i) Wastewater Inspection means a professional assessment of a wastewater treatment system conducted by a Qualified Wastewater Inspector for the purposes of determining the adequacy of a wastewater treatment system's performance and compliance with the applicable standards.

(j) Wastewater Inspection Program Area means the area located within 500 feet of the mean high water mark of Lake George and the area located within 100' of high water mark of a AA-S stream designated or mapped by the Department pursuant to ECL section 17-0301.

(k) Wastewater Treatment System means the complete system of conduit, tanks, absorption area, or other facilities for the collection, treatment, or disposal of household, commercial, or industrial wastewater, and excludes any State or municipal Publicly Owned Treatment Works (POTW).

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-3.3

Adopted New York State Register April 5, 2023/Volume XLV, Issue 14, eff. 4/5/2023