N.Y. Comp. Codes R. & Regs. tit. 6 § 646-3.8

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

Section 646-3.8 - Wastewater Treatment System Design in the Lake George Basin

All new and replacement Wastewater Treatment Systems constructed in the Lake George basin shall comply with the standards of DOH 75-A or the DEC Design Standards, as applicable, with additional standards noted herein:

(a) The reduction in absorption area and trench length allowed by DOH 75-A or the DEC Design Standards for Enhanced Treatment Units (10 NYCRR Appendix 75A.6(b)(6)(ii)(d)) as well as Open-Bottom Gravelless Chambers (10 NYCRR Appendix 75-A.8(c)(3)(i)) shall not apply to Wastewater Treatment Systems in the Lake George basin;

(b) The soil absorption area for Wastewater Treatment Systems constructed in the Lake George basin shall be located a minimum of 36 inches above seasonal high groundwater and bedrock;

(c) The soil absorption area for Wastewater Treatment Systems constructed in the Lake George basin shall be located a minimum of 100 feet from any stream, lake, or wetland;

(d) Redevelopment projects shall not utilize existing Wastewater Treatment Systems that are noncompliant with the design standards at the time of construction. Upon redevelopment, the Wastewater Treatment System servicing that structure shall be brought into compliance with the applicable design standards;

(e) A variance or waiver, as applicable, shall be required from the Review Authority when standards for wastewater treatment system design at subdivisions (a), (b), or (c) of this section cannot be met. Waivers and variances shall be processed in accordance with the administrative standards of the Review Authority.

(f) Any Wastewater Treatment System that requires a variance, waiver, or deviation from the design standards at subdivisions (a), (b), or (c) of this section, or from DOH 75-A or DEC Design Standards for the sizing of an absorption area or septic tank shall employ additional methods, measures, and/or practices determined to be the most practical and effective for reducing the introduction of phosphorus to the environment. Such measures shall be appropriate for the site and commensurate with the variance, waiver, or deviation requested, and may include but shall not be limited to enhanced treatment units, absorption area dosing, phosphorus filters, filtration media, enhanced absorption area characteristics (e.g. soil depth), and holding tanks. Any such measure must be consistent with generally accepted engineering practices, and shall be supported by certified third party testing and/or research published in professional, peer reviewed journals.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 646-3.8

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