N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-3.6

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

Section 646-3.6 - Wastewater Treatment System Inspection Program

(a) All Wastewater Treatment Systems in the Wastewater Inspection Program Area shall be subject to a Wastewater Inspection every five years unless otherwise directed by the Commission or exempted by section 6463.5 of this Subpart.

(b) Any Wastewater Treatment System in the Lake George basin may be subject to a Wastewater Inspection to ensure the system is not a source of pollution and confirm that the system is compliant with the terms of this Subpart.

(c) Wastewater Inspections shall be conducted by Commission staff or by a Qualified Wastewater Inspector, as directed or authorized by the Commission.

(d) Wastewater Inspections shall be undertaken in accordance with forms provided by the Commission containing the information required by subdivision (g) of this section. Completed forms shall be filed with the Commission within 30 days of a wastewater inspection by the Qualified Wastewater Inspector.

(e) Prior to inspection, all septic tanks, seepage pits and drain field distribution boxes accepting effluent from a septic tank must be uncovered and opened by the landowner or their agent.

(f) The Wastewater Inspection shall include a septic tank pump out by a septic hauler registered with the Department pursuant to 6 NYCRR Part 364.

(g) Wastewater Inspections shall include, at a minimum, a review and diagram of the septic tank, distribution box, leaching components, and fixtures discharging to the system, and may include review of the number of bedrooms or applicable commercial units associated with the system as well as accepted methods for evaluation of system performance (e.g. dye testing).

(h) If a Wastewater Treatment System in the Lake George basin is found to be Failing, the Commission shall afford the landowner a reasonable time period to bring the system into compliance with applicable design standards. The time period afforded for compliance shall be commensurate with the hazard the system poses to public health, the water quality of Lake George, and the natural resources of the basin, but shall not exceed six (6) months from the date of documented Failure. In instances of ongoing or imminent hazard, such as wastewater collecting on the ground surface or a direct discharge to a surface water, the Commission may require immediate action including repair, replacement, and/or remediation as necessary.

(i) If a Wastewater Treatment System in the Lake George basin is found to be Substandard, the Commission shall afford the landowner a reasonable time commensurate with the hazard the system poses to public health, the water quality of Lake George, and the natural resources of the basin to bring the system into compliance with applicable design standards. The time period afforded for compliance shall not exceed five years from the date of the documented Substandard condition.

(j) No modification, repair, or construction of a Wastewater Treatment System shall be undertaken until all necessary permits and approvals are obtained from the Review Authorities having jurisdiction. All such permits and associated design plans shall be retained by the landowner, and provided to the Commission upon request in such format as may be directed (e.g. electronic pdf).

(k) The Commission may grant extensions to the time periods afforded to landowners for Wastewater Treatment System compliance for good cause.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 646-3.6

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