N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-3.5

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

Section 646-3.5 - Systems Exempt from the Wastewater Treatment System Inspection Program and Fees

(a) The following properties and wastewater treatment systems are exempt from the Wastewater Treatment System Inspection Program and fees in this Subpart:

(1) Any property located inside the Wastewater Inspection Program Area, but which is serviced by a tank and any absorption area located entirely outside the Wastewater Inspection Program Area.

(2) A Wastewater Treatment System located inside the Wastewater Inspection Program Area that is managed and maintained by a RME that conducts the following activities:

(i) a regular pump out at intervals no greater than every five years,

(ii) an inspection consistent with the standards of this Subpart by a Qualified Wastewater Inspector, and

(iii) compliance with the maintenance and reporting standards in section 646-3.9 of this Subpart.

(3) Any Wastewater Treatment System located inside the Wastewater Inspection Program Area that has received a Wastewater Inspection that is consistent with the standards of this Subpart and which is undertaken in accordance with laws or regulations of an applicable Review Authority, such as a required inspection upon property transfer, shall be exempt from the inspection and fee requirements of this Subpart for the subsequent five years following that inspection, provided sufficient and timely documentation is submitted to the Commission in accordance with the maintenance and reporting standards in section 646-3.9 of this Subpart.

(4) Persons claiming exemption under this section shall bear the burden of demonstrating that all the requirements for an exemption are met.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-3.5

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