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(a) No permit shall be issued approving the site and subsoil for the proposed construction of individual private sewage disposal systems in subdivision realty developments involving 15 or more dwellings, but application shall be made for a permit to construct and maintain a community private sewage disposal system for the disposal of sewage from all of the dwellings within the subdivision development. This provision shall not apply, however, if in the opinion of the Department, it is more practicable to construct individual systems rather than a community system, by reason of physical or engineering difficulties, estimated cost of construction or other pertinent considerations.
(b) No community private sewage disposal system shall be constructed and maintained without a permit issued by the Commissioner. The permit may contain such conditions as the Commissioner may impose for the protection of public health.
(c) Application for a permit to construct and maintain a community private sewage disposal system shall be made by the owner of the subdivision development or his authorized representative, who shall submit a detailed report, including drawings of the proposed system, design data and such other data as will enable the Department to determine all facts relating to the proposed system and its intended operation or use.
(d) The Department may prescribe the number of copies of and the format in which the information required by subdivision (b) of this section shall be submitted. Plans, specifications and other information shall contain the signature, seal and address of a professional engineer or licensed architect.
(e) If the Department approves such application, a permit to construct and maintain the community private sewage disposal system shall be issued and shall remain valid until revoked, provided construction of the system is instituted within one year after issuance.
(f) No community private sewage disposal system shall be constructed otherwise than in accordance with plans and specifications filed with and approved by the Department and in compliance with all of the applicable provisions of the Building Code of the City of New York.
No privy shall be constructed otherwise than in accordance with the requirements imposed by the Department in issuing the authorization for its temporary use, and no privy shall be maintained or used so as to create a nuisance or health hazard. A privy shall be covered and protected so as not to be exposed to the outer air. It shall not be allowed to pollute a well or water supply system, or to discharge sewage on surface ground level. Privies shall be protected against rodents, insects and other pests. When a privy is no longer to be used, it shall be thoroughly cleansed so that it will not cause a nuisance or health hazard, and it shall be filled in so as to prevent accidents.
When the strict application of any provision of this article presents difficulties or unusual hardships, the Commissioner in a specific instance may modify the application of such provision consistent with the general purpose of this article and upon such conditions as, in his opinion, are necessary to protect health and the environment. The denial by the Commissioner of a request for modification may be appealed to the Board of Health in the manner provided by 24 RCNY Health Code § 5.21.
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