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Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of radioactive materials into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this section that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of petroleum products into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(b) New aboveground and underground petroleum storage facilities, which require registration under 6 NYCRR Part 613, or new tanks which expand the capacity of existing facilities which require registration under 6 NYCRR Part 613, are prohibited within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake. If, however, the owner or operator of such facility demonstrates to the Department that the application of the limiting distances would preclude the continuation of an existing business, the facility may be expanded within the limiting distances set forth in this paragraph.
(c) New home heating oil tanks not requiring registration under 6 NYCRR Part 613, within the limiting distance of 100 feet of a watercourse or wetland, or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake, are prohibited from being installed underground and shall be located either aboveground or contained in a basement with a concrete or other impervious floor.
(d) New aboveground and underground petroleum storage tanks of 185 gallons or more, which are neither home heating oil tanks regulated under subdivision (c) of this section nor located at facilities requiring registration under 6 NYCRR Part 613, are prohibited within the limiting distance of 25 feet of a watercourse or wetland, or within the limiting distance of 300 feet of a reservoir, reservoir stem, or controlled lake. If, however, the applicant demonstrates to the Department that application of the limiting distances would preclude the continuation of an existing business or the continued identical use of the existing facility, the facility may be expanded within the limiting distances set forth in this paragraph.
(e) Subdivisions (b), (c), and (d) shall not apply to:
(1) The storage of any petroleum products that is a noncomplying regulated activity;
(2) The storage of petroleum products for agricultural purposes;
(3) The replacement in kind of existing petroleum storage facilities or tanks;
(4) The storage of petroleum products where such storage is necessary to operate a wastewater treatment plant approved by the Department; and
(5) The storage of petroleum products where such storage is made necessary by construction of a new facility or the alteration or modification of an existing facility used in connection with the operation of a public water supply system.
(Amended City Record 10/30/2019, eff. 11/29/2019)
(a) Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of human excreta, or a discharge, or storage which is reasonably likely to lead to a discharge, from a holding tank, into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(b) Emptying, discharging or transferring the contents of a holding tank or other sewage receptacle into any watercourse, wetland, reservoir, reservoir stem, or controlled lake is prohibited.
(c) All new holding tanks and non-waterborne systems designed for sewage in quantities of less than 1,000 gallons per day from residential properties that are either permitted or not prohibited under 10 NYCRR Appendix 75-A may be used in the watershed provided that they are constructed and operated in accordance with the following standards:
(1) Such holding tanks must have a capacity equal to at least five (5) days' design flow, with a minimum capacity of 1,000 gallons.
(2) Such holding tanks must be equipped with an alarm (audible and visible) located in a conspicuous place to indicate when pump-out is necessary.
(3) Such holding tanks must be designed, installed and maintained in a manner to promote ease of access for pumping and cleanup.
(4) If such holding tanks will be used in the winter, the tanks must be protected from freezing.
(d) New holding tanks designed for sewage in quantities of 1,000 gallons per day or more, or from non-residential properties, that are either permitted or not prohibited under state law, may be used in the watershed provided that they are constructed and operated in accordance with the following standards:
(1) The owner of such a holding tank must have and maintain an agreement with a professional hauler for disposal of waste at a facility that is permitted to accept septage, as defined in 6 NYCRR Part 364.
(2) Such holding tanks must have a capacity equal to at least twice the volume of waste to be generated between anticipated removal dates, with a minimum capacity of 1,000 gallons.
(3) Such holding tanks must have a high-level alarm positioned to allow storage of at least three days' volume of waste after activation.
(4) If such holding tanks will be used in the winter, the tanks must be protected from freezing.
(e) Portable toilets shall not be located within the limiting distance of 50 feet of a mapped stream, wetland, reservoir, reservoir stem, or controlled lake and, to the extent practicable, are not located within the limiting distance of 50 feet from a watercourse other than a mapped stream.
(Amended City Record 10/30/2019, eff. 11/29/2019)
(a) Minimum requirements.
(1) Unless otherwise permitted by these rules and regulations, the design, construction, or operation of a wastewater treatment plant is prohibited where such design, construction, or operation causes a discharge, or storage which is reasonably likely to lead to a discharge, of sewage or sewage effluent into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(2) The design of new wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. New wastewater treatment plants must be constructed in accordance with the plans and specifications approved by the Department.
(3) The design for an expansion or an alteration or modification of wastewater treatment plants, and the plans and specifications resulting from that design, require the review and approval of the Department. Any expansion or alteration or modification of a wastewater treatment plant must be constructed in accordance with the plans and specifications approved by the Department.
(4) The owner or operator of a wastewater treatment plant shall operate and maintain the wastewater treatment plant in accordance with the operations and maintenance manual for the plant. Such manual shall be prepared by the owner and approved by the Department. Such manual shall be prepared or revised, and submitted to the Department for approval, within ninety (90) days after construction, expansion, alteration or modification of a wastewater treatment plant is completed.
(5) No new wastewater treatment plants with a surface discharge, or expansion or alteration or modification of wastewater treatment plants, shall cause a contravention of the water quality standards set forth in Subchapter D of these rules and regulations or the phosphorus water quality values set forth in the New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.1.1, Ambient Water Quality Standards and Guidance Values and Groundwater Effluent Limitations (October 22, 1993, Reissue Date June 1998, as modified and supplemented by the January 1999 Errata Sheet and the April 2000 and June 2004 Addenda).
(6) No part of any seepage unit or absorption area for a subsurface discharge from a wastewater treatment plant shall be located within the limiting distance of 100 feet of a watercourse or wetland or within the limiting distance of 500 feet of a reservoir, reservoir stem, or controlled lake.
(7) Wastewater treatment plants with surface discharges into the watershed shall be capable of achieving 99.9 percent removal and/or inactivation of Giardia lamblia cysts and 99.99 percent removal and/or inactivation of enteric viruses.
(8) Wastewater treatment plants with either surface or subsurface discharges within the watershed shall provide phosphorus removal using the best treatment technology so that the wastewater treatment plant is designed to be operated and maintained to meet the following requirements:
SPDES Permitted Total Flow (Gallons/day) | Total Phosphorus Limit (mg/l) |
≤ 50,000 | 1.0 |
> 50,000 and < 500,000 | 0.5 |
≥ 500,000 | 0.2 |
(9) Wastewater treatment plants with surface discharges to intermittent streams in the watershed shall be operated and maintained to meet the intermittent stream effluent limits set forth in the New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1, Total Maximum Daily Loads and Water Quality-Based Effluent Limits (July 8, 1996, Revised February 1998), including Amendments A through E (July 8, 1996), and New York State Department of Environmental Conservation Technical and Operational Guidance Series (TOGS) 1.3.1B, Total Maximum Daily Loads and Water Quality-Based Effluent Limits, Amendments-Low and Intermittent Stream Standards (July 8, 1996), provided however, that the effluent limit for a discharge of a pollutant to an intermittent stream shall in no case be less stringent than the effluent limit which would apply to the same discharge of the pollutant to the first downstream perennial stream.
(10) Within one year of the effective date of these rules and regulations, the owners of all existing wastewater treatment plants shall submit to the Department for review and approval an operations and maintenance plan and a schedule setting forth a plan for bringing the wastewater treatment plant into compliance with all of the requirements of this section. Any such plan that is disapproved by the Department shall be revised and resubmitted to the Department for review and approval within ninety (90) days after the initial disapproval. Owners of existing wastewater treatment plants must secure final Department approval of such operation and maintenance plans and such a schedule setting forth a plan for bringing the plant into compliance by no later than eighteen (18) months from the effective date of these rules and regulations, and must complete all work in order for such plants to be brought into compliance with the requirements of this section by no later than five (5) years from the effective date of these rules and regulations or any extended period of time approved by the Department upon good cause shown.
(11) Existing wastewater treatment plants with surface discharges are prohibited from expanding if they are located in an area where new wastewater treatment plants with surface discharges are prohibited by these rules and regulations. This paragraph shall not apply to existing wastewater treatment plants which discharge subsurface or the expansion of existing wastewater treatment plants where the expanded portion discharges subsurface.
(12) Existing wastewater treatment plants with surface discharges may expand if they are located in an area where new wastewater treatment plants with surface discharges are allowed by these rules and regulations. The plans submitted to expand the wastewater treatment plant shall meet all of the requirements of this section.
(13) Existing wastewater treatment plants with subsurface discharges may expand. The expanded portion of such wastewater treatment plants shall meet all of the design standards and other requirements of this section.
(14) Any approval of a new or expanded wastewater treatment plant issued by the Department shall expire and thereafter be null and void unless construction is completed within five (5) years of the date of issuance of such approval or any extended period of time approved by the Department upon good cause shown. Following expiration of the approval, the plans for the wastewater treatment plants may be resubmitted to the Department for consideration for a new approval.
(b) Requirements for wastewater treatment plants located within phosphorus restricted basins. No new wastewater treatment plants with surface discharges, or expansions of existing wastewater treatment plants with surface discharges, shall be allowed in a phosphorus restricted basin. A variance from this provision may be sought in accordance with the requirements set forth in 15 RCNY § 18-61(d).
(c) Requirements for wastewater treatment plants located in coliform restricted basins. No new wastewater treatment plants with surface discharges, or expansions of existing wastewater treatment plants with surface discharges, shall be allowed in a coliform restricted basin. A variance from this provision may be sought in accordance with the requirements set forth in 15 RCNY § 18-61(d)(1).
(d) Treatment requirements for wastewater treatment plants located within the 60 day travel time to intake.
(1) The map indicating the demarcation line for the watershed areas that are located within the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in 15 RCNY § 18-15.
(2) Within the 60 day travel time to the intake the following requirements are applicable:
(i) New wastewater treatment plants with surface discharges, or expansions of existing wastewater treatment plants with surface discharges, are prohibited except as provided in 15 RCNY § 18-82(e). A variance from this provision may be sought in accordance with the requirements set forth in 15 RCNY § 18-61(e);
(ii) Existing wastewater treatment plants with SPDES permitted surface discharges may continue to operate provided the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration, disinfection, phosphorus removal, and microfiltration or a Department-approved equivalent technology to microfiltration, as required by these rules and regulations;
(iii) Wastewater treatment plants with subsurface discharges may commence or continue to operate provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations.
(e) Treatment requirements for wastewater treatment plants located in the watershed and beyond the 60 day travel time to intake.
(1) The map indicating the demarcation line for the watershed areas that are located beyond the 60 day travel time to intake appears in Appendix 18-A. Large detailed maps of such areas are available to be reviewed by the public during business hours at the regional offices listed in 15 RCNY § 18-15.
(2) Beyond the 60 day travel time to the intake the following requirements are applicable:
(i) New wastewater treatment plants with surface discharges into a reservoir, reservoir stem, controlled lake, or wetland are prohibited;
(ii) All new surface discharges into a watercourse, and any existing wastewater treatment plants with SPDES permitted surface discharges may commence or continue to operate, provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration, disinfection, phosphorus removal, and microfiltration or a Department-approved equivalent technology to microfiltration, as required by these rules and regulations;
(iii) Wastewater treatment plants with subsurface discharges may commence or continue to operate, provided that the wastewater treatment plant provides sand filtration or a Department-approved alternative technology to sand filtration and phosphorus removal, and for SPDES permitted discharges greater than 30,000 gallons per day (gpd), disinfection, as required by these rules and regulations.
(f) Design, operation and maintenance requirements.
(1) This subdivision (f) shall apply to wastewater treatment plants.
(2) The criteria used by the Department to approve the design for any new wastewater treatment plant or the portion of any wastewater treatment plant which is being expanded or altered or modified shall be all applicable requirements of law, including the standards set forth in the following documents:
(i) "New York State Design Standards for Intermediate Sized Wastewater Treatment Systems" New York State Department of Environmental Conservation (2014); and
(ii) "Recommended Standards for Wastewater Facilities," Great Lakes – Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014).
(3) The Department shall not approve a wastewater treatment plant, or any proposed expansion of a wastewater treatment plant, which discharges within the watershed, if there is inflow or infiltration into a sewer system connected to such wastewater treatment plant which causes either:
(i) The State authorized flow limit of the wastewater treatment plant to be exceeded; or
(ii) The strength of the sewage influent to the wastewater treatment plant to be diluted to a level that adversely affects the efficacy of the State permitted and Department approved treatment process.
(4) The Department shall not approve a wastewater treatment plant, or any proposed expansion of a wastewater treatment plant, if there is an indication of exfiltration from a sewer system connected to such wastewater treatment plant.
(5) All wastewater treatment plants shall meet the following requirements to insure uninterrupted reliable operation:
(i) All wastewater treatment plants shall provide standby power units sufficient to run the entire plant in order to ensure uninterrupted reliable operation in the event of utility power failure and these units shall be equipped with an alarm and automatic start-up capability.
(ii) All vital plant structures, mechanical and electrical equipment of wastewater treatment plants located or designed within the 100-year flood plain shall be protected from damage from a 100-year flood that may affect or disrupt its function or general performance. Such structures and equipment shall remain fully operational in a 25-year flood.
(iii) The disinfection system shall be provided with backup units, an alarm and equipment that will insure processing of the plant flow without interruption and the backup electrical and/or mechanical equipment shall be equipped with automatic start-up capability.
(iv) Sand filtration or a Department-approved alternative technology to sand filtration shall be implemented in units of sufficient number and size to ensure that the flow they are designed to accommodate, consistent with the "New York State Design Standards for Intermediate Sized Wastewater Treatment Systems," New York State Department of Environmental Conservation (2014) and/or the "Recommended Standards for Wastewater Facilities," Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014), can be processed in the event that the largest such unit is off line;
(v) All wastewater treatment plants must be equipped with a flow meter that includes a recording device; and
(vi) All alarm systems shall require telemetering to a central location with around the clock operator presence or, in the alternative, to an operator's residence so that a response shall be initiated immediately.
(6) The following requirements shall apply to all wastewater treatment plants with subsurface discharges or absorption areas located in the watershed:
(i) The loading rate to the absorption trench may be 25 percent greater than that required under the design standards listed in subdivision (f)(2) of this section;
(ii) An additional area of at least 50 percent of the absorption area shall be set aside as a reserve area;
(iii) At a minimum, one percolation and one deep hole test shall be performed in both the primary absorption area and in the reserve absorption area. An applicant shall notify the Department in writing at least 7 business 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 these tests; and
(iv) The use of pumping, mechanical dosing or other mechanical devices requires a pump chamber equipped with an alarm to indicate malfunction, a backup pump, and any other safety features required by the Department to prevent overflow.
(7) (i) All owners or operators of Department approved wastewater treatment plants in the watershed shall, prior to commencement of construction of such wastewater treatment plants, deposit with the Department a performance bond for the completion of the construction of the wastewater treatment plant and an additional bond or other 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, prior to commencement of operation of the approved wastewater treatment plant, the owners or operators of the approved wastewater treatment plant shall provide a surety bond, or a reasonable guaranty, that they shall continue to maintain and operate the system for a period of five years. The surety bond or guaranty shall be in an amount sufficient to insure the full and faithful performance by the owners or operators of the wastewater treatment plants, and their successors and assigns, with regard to their obligation to properly maintain and operate the wastewater treatment plants in accordance with all requirements of law and according to the conditions set by the Department in its approval; provided, however, that such surety bond or guaranty shall not be required by the Department where the owners or operators of the wastewater treatment plant have provided a surety bond or guaranty for the maintenance and operation of the wastewater treatment plant to the local governing body, in an amount necessary to insure the full and faithful performance of the operation and maintenance of the wastewater treatment plant; provided further, that such surety bond or guaranty shall not be required where the owner or operator of the wastewater treatment plant is a village, town, county or city. The Commissioner may, at his or her discretion, increase the amount of such surety bond or guaranty, but not to exceed an amount necessary to insure the full and faithful performance of the operation of the wastewater treatment plant. All such bonds shall be prepared on the forms of bonds authorized by the City of New York and shall have as a surety such company or companies that shall be approved by the City of New York and are authorized to do business in the State of New York.
(ii) The Commissioner may authorize the provision of other security, including cash, if the Commissioner finds that compliance with the bond requirement is not reasonably possible and the public interest would be served by such authorization. The alternative security shall be deposited with the Comptroller of the City of New York.
(iii) Whenever an owner or operator of a wastewater treatment plant deposits securities or other obligations with the City of New York, in lieu of a performance bond, it shall be with the understanding that the Comptroller of the City of New York, or his or her successors, may sell and use the proceeds thereof for any purpose for which the principal or surety on such bond would be liable under the terms of the approval. If money is deposited with the Comptroller, the owner or operator of the wastewater treatment plant shall not be entitled to receive interest on such money from the City of New York.
(8) The transfer of any approval or permit issued by the Department for the construction and/or operation of any wastewater treatment plant shall require Department approval. The Department shall approve such transfer provided that the transferee demonstrates sufficient financial, technical, and professional capability to construct, operate and/or maintain the subject wastewater treatment plant in compliance with applicable laws, as cited in 15 RCNY § 18-36(a)(1), the provisions of these rules and regulations, and the terms and conditions of any approval or permit granted by the Department.
(g) Application requirements.
(1) An application for review and approval of a new wastewater treatment plant shall include the following information:
(i) A Department application form and an Environmental Assessment Form (EAF Long Form);
(ii) A facility plan which shall include: a description of the project, flow and waste load estimations, site characteristics, evaluation of existing system, if applicable, and existing local or related facilities, including any related water quality problems, examination of the project service area, estimation of growth, examination of alternative solutions and explanation of why the proposed option was chosen, analysis of potential impacts, analysis of hydraulic and organic capacities (including Waste Assimilation Capacity analysis), description of unit processes and explanation of sizing, operation under emergency conditions, and sludge processing, storage and disposal methods, estimation of costs, proposed financing methods and anticipated user fees, outline of operation and maintenance requirements (including cost projections), and regulatory review and permitting requirements;
(iii) An engineering plan which shall include: location plan, site plan, schematic of plant hydraulic profile, piping schematic, location, dimension and elevations of plant process units and appurtenances, mechanical system layout, electrical system layout, and erosion and sediment control and stormwater management plan.
(iv) Construction specifications, including material and equipment specifications;
(v) Construction schedule;
(vi) In cases where a draft environmental impact statement ("DEIS") is to be prepared for an activity and the DEIS complies with the requirements of Article 8 of the Environmental Conservation Law and the regulations promulgated thereunder, and includes the information required in this part, the DEIS may constitute all or part of the application for review and approval under this part. In such case the applicant will provide the Department with notice and a copy of the DEIS; however, no approval shall be issued by the Department prior to review of the FEIS and issuance of a finding to approve; and
(vii) A copy of the draft SPDES permit, if any, and, when issued, a copy of the final SPDES permit. Copies of any revisions to the draft SPDES permit shall also be provided to the Department as they become available to the applicant.
(2) An application for review and approval of an expansion or of an alteration or modification of a wastewater treatment plant shall include all of the information required in subdivision (g)(1) of this section where applicable, and shall either:
(i) Certify that the wastewater treatment plant is in compliance with all of the requirements of this section, and all requirements of its SPDES permit; or
(ii) Certify that a schedule for the wastewater treatment plant to come into compliance with the requirements of this section and with the requirements of its SPDES permit has been submitted to the Department for approval. A copy of such compliance schedule shall be attached to the application.
(3) All approvals for new or expansion of existing wastewater treatment plants are conditioned on the applicant's submission of record drawings once construction is complete.
(Amended City Record 10/30/2019, eff. 11/29/2019)
(a) Combined sewer systems are prohibited from discharging within the watershed.
(b) A new sewer connection or sewer extension to a sewer system is prohibited where the wastewater treatment plant to which the sewer system has been connected and which discharges within the watershed has had a SPDES flow parameter violation in the prior twelve months, or where the additional flow from the new sewer connection or sewer extension will cause or can be expected to cause such wastewater treatment plant to have a SPDES flow parameter violation as defined herein.
(c) Sewer Connections.
(1) The owner of any individual residence that will be served by a new sewer connection, or by an alteration or modification of a sewer connection, shall notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. If specifically requested by the Department, the owner shall submit to the Department all plans or designs for such sewer connection or for such alteration or modification.
(2) The owner of a structure other than an individual residence that will be served by a new sewer connection, or by an alteration or modification of a sewer connection, to a sewer system that is subject to a qualifying municipal sewer use law shall:
(i) provide to the Department, at least 48 hours prior to the installation of such sewer connection or of such alteration or modification, a written permit from the superintendent of the sewer system authorizing such connection; and
(ii) notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work.
(3) The plans for a new sewer connection, or for an alteration or modification of a sewer connection, to a sewer system for a treatment facility with a SPDES permit, which is not subject to a qualifying municipal sewer use law, from a structure other than an individual residence, require review and approval of the Department. As a condition of approval, the Department will require the applicant to notify the Department 48 hours prior to the installation of such sewer connection or of such alteration or modification, and provide an opportunity to the Department to observe the work. An application for review and approval of such a new sewer connection or alteration or modification of a sewer connection must include:
(i) A written statement from the owner or operator of the treatment facility certifying that the new sewer connection or alteration or modification of a sewer connection will not require a modification of the treatment facility's SPDES permit, and
(ii) Plans and specifications for the sewer connection.
(4) New sewer connections, or alterations or modifications of sewer connections, to treatment facilities that do not have SPDES permits shall be reviewed in accordance with 15 RCNY § 18-37.
(d) The design, construction and plans for a new sewer system or sewer extension shall require the review and approval of the Department. Any proposed alteration or modification of a sewer system shall require the review and approval of the Department.
(e) Any approval of a new or an alteration or modification of an existing sewer system, sewer extension, or sewer connection subject to Department approval pursuant to 15 RCNY § 18-37(c)(3), issued by the Department expires and is null and void unless construction is completed within five (5) years of the date of issuance. Following expiration of the approval, the plans for the sewer system may be resubmitted to the Department for consideration for a new approval.
(f) The criteria used by the Department to approve any new sewer system, sewer extension, or sewer connection subject to Department approval pursuant to 15 RCNY § 18-37(c)(3) or the portion of any sewer system or such sewer connection which is being altered or modified, shall be all applicable requirements of law, including the standards set forth in the following documents:
(1) "New York State Design Standards for Intermediate Sized Wastewater Treatment Systems," New York State Department of Environmental Conservation (2014);
(2) "Recommended Standards for Wastewater Facilities," Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014);
(3) 19 NYCRR Part 1222 (Plumbing Code of New York State).
(g) All sewer systems and sewer extensions connected to a wastewater treatment plant which discharges within the watershed shall be designed, operated and maintained in such manner as to prevent inflow or infiltration which causes one or more of the following:
(1) The SPDES authorized flow limit of the wastewater treatment plans to be exceeded;
(2) The strength of the sewage influent to the wastewater treatment plant to be diluted to a level that adversely affects the efficacy of the SPDES permitted and Department approved treatment process; or
(3) A bypass of any portion of a treatment facility that would be prohibited pursuant to 6 NYCRR Subpart 750-2.
(h) All sewer systems and sewer extensions shall be designed, operated and maintained to prevent exfiltration from such systems.
(i) The owner or operator of a facility which disposes of wastes regulated pursuant to the Federal Categorical Pretreatment Standards, 40 C.F.R. Part 403, shall submit three copies of the engineering report, plans and specifications, prepared by a licensed design professional, in compliance with 40 C.F.R. Parts 403, 406-471 and any applicable local regulations, to the Department for its review and approval.
(j) Application Requirements for Sewer Systems and Sewer Extensions. An application for review and approval of any sewer system or sewer extension shall include the following information:
(1) Tax map number and, where available, building permit number, for each property to be served by the proposed sewer system or sewer extension;
(2) Letter of flow acceptance from the owner of the receiving wastewater treatment plant, when available;
(3) An engineering report presenting the proposed flow and supporting design calculations; and
(4) Four (4) sets of plans showing:
(i) site location in relation to established sewer district;
(ii) distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs;
(iii) system profile including all connections, manholes and required pump stations;
(iv) design details and specifications of system components including pipe sizes and pump capacities;
(v) where applicable, a copy of the application for modification of the SPDES permit for the receiving wastewater treatment plant and, if available, any draft revisions to such SPDES permit; and
(vi) construction phasing.
(5) An application for review and approval of a sewer system must include an operation and maintenance plan for the sewer system, which may be a component of the operation and maintenance plan for the treatment facility served by the sewer system; and
(6) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable.
(k) All approvals for sewer systems and extensions are conditioned on the applicant's submission of as-built drawings, prepared by a design professional, once construction is complete.
(l) As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new sewer system or sewer extension or a substantial alteration or modification to an existing sewer 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.
(Amended City Record 10/30/2019, eff. 11/29/2019)
(a) Minimum Requirements for new subsurface sewage treatment systems.
(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 10 NYCRR Part 75 and Appendix 75-A 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 New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014), 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) No part of any absorption field for any new subsurface sewage treatment 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.
(5) Raised systems, as described in 10 NYCRR Part 75 and Appendix 75-A, 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 15 RCNY § 18-38(a)(1); or
(ii) Raised systems which cannot meet the limiting distances set forth in subparagraph (i) 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.
(6) Where a watershed county has adopted a subdivision code that allows a raised system, as described in 10 NYCRR Part 75 and Appendix 75-A, or where the New York State Department of Health approved such raised systems for use in subdivisions located in the watershed, such raised 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.
(7) Any approval of a subsurface sewage treatment system issued by the Department expires and is null and void unless construction is substantially completed such that the system is functioning as designed within five (5) years of the date of issuance for systems located within approved subdivisions, or within two (2) 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) Minimum requirements for alteration and modification, repair and remediation, and discontinuation of subsurface sewage treatment systems.
(1) All subsurface sewage treatment systems, which are operating in accordance with their Federal, State, and local approvals, but which do not comply with the requirements for new subsurface sewage treatment systems set forth in this section, shall be allowed to continue to operate.
(2) If the use of a subsurface sewage treatment system is, for any reason, subject to discontinuation for a period of five consecutive years or more, operation may resume if it comes into compliance with the standards for alterations or modifications of subsurface sewage treatment systems in accordance with 15 RCNY § 18-38(b)(4) below. If, however, the system cannot come into compliance with these standards, the use must permanently desist. The owner or operator bears the burden of proof for showing that there has been no discontinuation in the use of a subsurface sewage treatment system.
(3) Any proposed alteration or modification of any subsurface sewage treatment system requires the review and approval of the Department, except as provided in subparagraphs (i) through (iii) below.
(i) The volume, character, or strength of the flow to a subsurface sewage treatment system may be reduced without review and approval provided that such reduction does not cause any increase in the existing discharge or any increase in the potential for contamination to or degradation of the water supply from that discharge. If the reduction in the volume, character, or strength results from an alteration or modification of a system component, or the addition of a new system component (such as installation of a peat filter or aerobic treatment unit), then such alteration, modification, or addition requires review and approval of the Department, except that:
a. Any such review and approval shall be limited to the affected system component; and
b. No such review and approval is required where the alteration, modification, or addition of the system component is otherwise exempt from review under this section (such as the replacement of a septic tank with a larger tank of an appropriate size for the subsurface sewage treatment system).
(ii) Except as set forth in this subdivision, for an intermediate sized subsurface sewage treatment system that has a State Pollutant Discharge Elimination System (SPDES) permit, review and approval is not required for any proposed alteration or modification that does not deviate from the engineering design and site plan approved by the New York State Department of Environmental Conservation.
a. Review and approval by the Department is required if the alteration or modification requires a modification of the SPDES permit for the SSTS for any reason including, but not limited to:
i. the alteration or modification involves physical alteration or modification of the SSTS, or
ii. the alteration or modification results in the system receiving sewage that either exceeds the treatment system design flow, or has a strength or characteristic beyond the design capability of the treatment system.
b. If the Department has previously issued an approval for an intermediate sized subsurface sewage treatment system, review and approval by the Department is required for any alteration or modification that results in the system receiving sewage that either exceeds the design flow of the system as approved by the Department, or has a strength or characteristic beyond the design capability of the system as approved by the Department.
(iii) In the following circumstances, where an ancillary, non-residential use of a residence served by an individual subsurface sewage treatment system does not result in an increase in or change in the nature of the flow of sewage, the subsurface sewage treatment system shall not be considered an intermediate-sized sewage treatment system, nor shall such use require review and approval by the Department:
a. Where the residence is used to provide accommodations for transient lodgers and no food service is provided other than to overnight guests, unless such use requires a temporary residence permit pursuant to 10 NYCRR Subpart 7-1.
b. Where the individual residence is used for a home office or home business, provided that:
i. The individual who operates the home office or home business occupies the home as his or her primary or secondary residence;
ii. The home office or home business is of a type that is estimated to generate 50 gallons per day of water or less based on Table B-3 of the New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014); and
iii. The conversion does not involve an increase in the individual residence's number of bedrooms.
(4) Standards for Alterations or Modifications of Subsurface Sewage Treatment Systems.
(i) Any proposed alteration or modification of any subsurface sewage treatment system must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems under this section.
(ii) Alterations or modifications of subsurface sewage treatment systems that cannot meet these requirements, due to site constraints, must be performed in accordance with the requirements applicable to new subsurface sewage treatment systems to the extent possible. Applications for proposed alterations or modifications of such subsurface sewage treatment systems must include the information described in 15 RCNY § 18-38(d)(4).
(iii) Standard of review. The department will authorize use of a subsurface sewage treatment system that has been subject to a period of discontinuation for five consecutive years or more, or a proposed alteration or modification of a subsurface sewage treatment system, if the applicant demonstrates that such use, alteration, or modification does not present a threat to public health or water quality as determined by the Department.
(5) If a subsurface sewage treatment system fails or needs remediation, the owner or operator of the subsurface sewage treatment system must comply with the following:
(i) Any proposed remediation of any part of a 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) Any proposed remediation of any part of a subsurface sewage treatment system shall be implemented, 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 the septic tank or other remedial action, including the use of holding tanks, before the proposed remediation is approved by the Department and implemented; 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 replacement of a septic tank, whether in kind or with a larger tank of an appropriate size for the subsurface sewage treatment system, the repair of a broken lateral, the leveling of a distribution box, or the removal of a blockage.
(6) Any approval issued by the Department to use a subsurface sewage treatment system following a discontinuation expires and is null and void unless any required enhancements are implemented and such use is commenced within one (1) year of the date of issuance or such longer period as the Department may authorize in writing. 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.
(7) Any approval of an alteration or modification of a subsurface sewage treatment system issued by the Department expires and is null and void unless any required enhancements are implemented within two (2) years of the date of issuance. 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.
(8) Any property owner may request that the Department review and approve a proposed use of a subsurface sewage treatment system by demonstrating that it is capable of treating a specified volume and type of wastewater flow. The proposal may include proposed enhancements to the system. A determination by the Department that the subsurface sewage treatment system complies with the standards applicable to new subsurface sewage treatment systems or, if it cannot come into compliance the standards applicable to alterations or modifications of subsurface sewage treatment systems to the extent possible pursuant to 15 RCNY § 18-38(b)(4), for the proposed use and volume, shall be binding upon the Department for five years following the date of the determination.
(c) 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 ground- water.
(2) Limitations on certain systems in the watershed.
(i) Mound systems, galley systems, seepage pits, evaporation-transpiration (ET) and evaporation-transpiration absorption (ETA) systems are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after June 30, 2002.
(ii) Drip and low profile dispersal systems, as described in New York State Design Standards for Intermediate Sized Wastewater Treatment Systems, New York State Department of Environmental Conservation (2014) are prohibited from use for subsurface sewage treatment systems installed in the watershed on or after September 25, 2019.
(iii) Sand filters are prohibited from use for individual sewage treatment systems in the watershed.
(iv) For new subsurface sewage treatment systems within the 60-day travel time, and for new subsurface sewage treatment systems that require State Pollutant Discharge Elimination System (SPDES) permits, trench length reductions will not be offered for use of any enhanced subsurface sewage treatment systems.
(v) No trench length reductions shall be granted for use of any open-bottom gravelless absorption system, as described in 10 NYCRR Appendix 75-A.8(c)(3)(i). One linear foot of a gravelless absorption system is equivalent to one linear foot of conventional (24" wide) absorption trench.
(3) An additional area of at least 100 percent of the primary absorption field shall be set aside as a reserve absorption field for any subsurface sewage treatment system.
(4) No part of any primary or reserve absorption field shall be built under pavement or other impervious surfaces, and pavement and other impervious surfaces shall not be built over such absorption fields after installation.
(5) At least one percolation test and at least one deep hole test must be performed in the primary absorption field. At least one percolation test and at least one deep hole test must be performed in the reserve absorption field. An applicant must notify the Department in writing at least seven (7) days prior to performance of such tests, and specify the location and the time of the tests. Such soils testing must be performed during normal business hours on weekdays other than legal holidays. At the option of the Department, a Department representative may witness such tests.
(6) Proposed sites with soil percolation rates faster than 3 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 electrically operated pumps shall require a 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 that uses electrically operated pumps is required to have either a backup pump or a backup storage tank capable of holding two days' flow. An individual sewage treatment system that uses electrically operated pumps shall have a backup storage tank capable of holding one day's flow.
(8) A reserve absorption field is intended to be left undisturbed to be used in the event that the primary absorption field fails in the future. If the reserve absorption field is used because the primary absorption field has failed, the owner should, but is not required to, identify a new reserve absorption field. If the reserve absorption field is used for purposes of expanding the subsurface sewage treatment system, a new reserve absorption field or Department-approved alternative must be identified.
(d) Application Requirements.
(1) An application for review and approval of any subsurface sewage treatment system shall include the following information:
(i) Soil investigation report including:
(a) percolation test results;
(b) deep hole test pit results or boring analysis indicating the depth of useable soil;
(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 (4) sets of plans prepared by a design professional showing:
(a) site location, including distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs, and any property boundaries within 10 feet of any subsurface sewage treatment system component;
(b) site/system plans, drawn to scale, with topography showing two-foot contour intervals;
(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 shall include all of the information in paragraph (1) of subdivision (c) of this section, 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.
(3) All approvals for new subsurface sewage treatment systems are conditioned on the applicant's submission of as-built drawings, prepared by a design professional, once construction is complete.
(4) An application for review and approval of an alteration or modification of a subsurface sewage treatment system, or of the resumption of use of a subsurface sewage treatment following discontinuation, that cannot satisfy the requirements applicable to new subsurface sewage treatment system must include all of the information in paragraph (1) of subdivision (d) of this section, except that the Department may, at its option, waive the requirement to submit a soil investigation report. For an intermediate sized sewage treatment system, the application must include the information in paragraph (2) of subdivision (d) of this section. An application must also contain:
(i) Plans or other design information, consisting of:
(a) If available, design plans for the subsurface sewage treatment plans, indicating all known regulatory approvals for such plans;
(b) If design plans are not available, a description of the components of the system prepared by a licensed professional engineer;
(iii) Any additional information demonstrating any or all of the following:
(a) A reduction in the potential for contamination to or degradation of the water supply from the subsurface sewage treatment system,
(b) A reduction in flow to the subsurface sewage treatment system, or
(c) Mitigation measures to avoid contamination to, or degradation of, the water supply.
(e) Construction Requirements.
(1) The applicant must notify the Department at least two business days before the start of construction of a subsurface sewage treatment system. The locations of the absorption field corners, septic tanks, pump or dosing chambers, and other treatment components must be staked out before the start of construction, so that the Department can, at its option, verify compliance with separation distance to wells, watercourses, and property lines. The ends of absorption trenches and the corners of absorption beds must be staked out before the start of construction. Stakes must be marked with applicable line and grade information and may not be disturbed during construction.
(2) If construction of a subsurface sewage treatment system ceases for more than seven days, the applicant must make best efforts to notify the Department at least two business days before restarting construction.
(3) The applicant must notify the Department at least one day before burying any component of a subsurface sewage treatment system.
(4) All notifications to the Department pursuant to this subsection (d) must be made via the email address and/or telephone number listed on the approval.
(Amended City Record 10/30/2019, eff. 11/29/2019)
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