Town of East Hampton
Long Island, NY

Resolution
RES-2017-889

Adopt Local Law Amending Chapter 210 to Rename as "Sanitary Systems" and Set Higher Standards

Information

Department:Town AttorneySponsors:Councilman Peter Van Scoyoc
Category:Local LawFunctions:Local Laws

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WHEREAS, the Town Board held a public hearing on August 3, 2017, regarding "A LOCAL LAW amending Chapter 210 (Scavenger Waste) to rename the chapter 'Sanitary Systems', adapt the provisions to apply town wide to sanitary systems, and require low-nitrogen systems for all new construction and replacements of sanitary systems”; and

WHEREAS, after considering the matter and the comments of the public at the time of hearing, the Town Board believes that the enactment of this local law is in the best interests of the Town of East Hampton; and

WHEREAS, the proposed local law is an unlisted action pursuant to the State Environmental Quality Review Act (SEQRA) and chapter 128 (Environmental Quality review) of the Town Code, and an Environmental Assessment Form (EAF) has been prepared with regard to the proposal; and

 

RESOLVED, that the proposed change to the Town Code will not have a significant adverse environmental impact and a negative declaration is hereby adopted by this Board pursuant to SEQRA and Chapter 128 of the Town Code; and now, therefore be it

 

RESOLVED, said Local Law is hereby adopted to read as follows:

 

 

LOCAL LAW No. ____ of 2017

Introductory No. 25 of 2017

 

A LOCAL LAW amending Chapter 210 (Scavenger Waste) to rename the chapter 'Sanitary Systems', adapt the provisions to apply town wide to sanitary systems, and require low-nitrogen systems for all new construction and replacements of sanitary systems.

 

BE IT ENACTED by the Town Board of the Town of East Hampton as follows:

 

SECTION 1.              Legislative Intent.

This legislation is intended to implement a shift to the installation and use of sanitary systems that reduce nitrogen levels at a significantly greater rate than conventional systems, and to support a rebate program to encourage the voluntary upgrade of sanitary systems.

SECTION 2. Amendment

Chapter 210 (Scavenger Waste) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

Chapter 210. Scavenger Waste Sanitary Systems

SECTION 3. Amendment

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 1 (Title) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

This chapter shall be known and may be cited as the "East Hampton Town Scavenger Waste Sanitary Systems Law."

SECTION 4. Amendment

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 2 (Purpose) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

The purpose of this chapter is to provide for the funding and proper operation of the East Hampton town scavenger waste treatment plant and to assure the proper siting, construction and maintenance of all individual on-site wastewater disposal sanitary systems (septic tanks, cesspools, leaching fields, etc.) and sewage treatment plants in the Town of East Hampton Wastewater Disposal District which the scavenger waste treatment plant is designed to serve. By so doing, it is intended to protect and preserve the town's natural resources and potable water supply and thereby the public health and safety and to promote the installation and proper use of Low-Nitrogen Sanitary Systems.

 

SECTION 5. Amendment

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 3 (Applicability) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

Unless indicated by specific language to the contrary, the provisions of this chapter shall apply to all properties located in the Town of East Hampton Wastewater Disposal District established by resolution of the East Hampton Town Board on September 16, 1983, and the order of the State Comptroller dated April 26, 1983, as the boundaries of such district may from time to time be amended as provided for by law.

SECTION 6. Amendment

Chapter 210 (Scavenger Waste) Article 1 (General Provisions) Section 4 (Definitions) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

Unless the context indicates otherwise, the following terms shall, for the purposes of this chapter, have the following meanings:

BOARD

The East Hampton Town Board, acting for and on behalf of the town or the Town of East Hampton Wastewater Disposal District.

CARTER

Any trucker, hauler or enterprise providing (or licensed to provide) system pumping and/or other maintenance assistance for on-site wastewater disposal systems or sewage treatment plants as the same are defined herein.

CESSPOOL

Any in-ground wastewater disposal system which incorporates or operates as a combined septic tank/drain field process without a separate and distinct septic tank as defined herein. See "drain field" and "septic tank."

DISTRICT

The Town of East Hampton Wastewater Disposal District.

DRAIN FIELD

A title field consisting of perforated pipes located in below-ground trenches, or a circular below-grade tank with openings in the sidewalls, which serves to allow clarified effluent from a septic tank to percolate into the ground.

EASEMENT

A property interest in land owned by another entitling its holder to a specific limited use.

HIGH-FREQUENCY SYSTEM

An on-site wastewater disposal system of any configuration which is pumped out more than one time in any thirty-day period.

ON-SITE WASTEWATER DISPOSAL SANITARY SYSTEM

Any in-ground cesspool, septic tank or drain field as defined herein, or any combination of such structures, used for the disposal of sanitary sewage and normal domestic wastes generated on or near the property on which the system is located, and sometimes referred to as a "disposal system" or simply a "system." Compare a "sewage treatment plant."

LOW-NITROGEN SANITARY SYSTEM

Any sanitary system that has been approved by Suffolk County Department of Health Services that has shown to reduce nitrogen levels to 19 milligrams or less per liter, until such time as Suffolk County Department of Health Services approves a sanitary system that reduces nitrogen levels to 10 milligrams or less per liter at which time that will constitute a Low-Nitrogen Sanitary System and the previous systems reducing to 19 milligrams or less will no longer constitute a Low-Nitrogen Sanitary System.

PERSON

Any individual, firm, partnership, association, corporation, company, organization or other recognized legal entity of any kind, including municipal corporations or other governmental agencies or subdivisions thereof, excluding only the Town of East Hampton and the Town of East Hampton Wastewater Disposal District.

SANITATION INSPECTOR

Any town employee(s) authorized by resolution of the Town Board to carry out one or more of the functions assigned herein to the Sanitation Inspector or simply to the Inspector.

SCAVENGER WASTE

The solid and liquid material removed from an on-site wastewater disposal system (usually from the cesspool or septic tank) during pumping, sometimes referred to as "septage."

SCAVENGER WASTE TREATMENT PLANT

The municipal treatment facility operated by the Town of East Hampton Wastewater Disposal District and designed to receive scavenger waste and some sludges and to treat the same to quality levels acceptable for in-ground discharge in accordance with a previously issued State Pollutant Discharge Elimination System permit.

SEPTIC TANK

Any buried, watertight receptacle designed and constructed to receive wastewater from a home, business enterprise or other source, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to then pass on to other structures for percolation into the ground.

SEWAGE TREATMENT PLANT

Any arrangement of devices and structures used for treating sewage which is not an on-site wastewater disposal system as defined herein. So-called package treatment plants for residential or commercial developments shall be included in this definition, but this definition shall not be deemed to include the scavenger waste treatment plant.

SLUDGE

The semiliquid by-product of a sewage treatment plant not in excess of 6% solids. Neither the treated effluent, dewatered sludge nor any solid by-products which are also produced by such a plant shall be included in this definition.

SUPERINTENDENT

The person in charge of the operation and maintenance of the scavenger waste treatment plant.

SECTION 7. Amendment

Chapter 210 (Scavenger Waste) Article 2 (Transportation) is deleted in its entirety.

SECTION 8. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 1 (Building permit required) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

No person shall construct, alter, modify, repair or replace any on-site wastewater disposalsanitary system as defined herein (including any septic tank or cesspool) or any sewage treatment plant as defined herein, or any part of either such facility, located within the Town of East Hampton Wastewater Disposal District, without having first obtained from the East Hampton Town Building InspectorDepartment a building permit for such work. Such permit shall state the exact location and address of the work in the manner and form specified by the Building Inspector. No such permit shall be issued until the proposed work has been approved by the Suffolk County Department of Health Services.

SECTION 9. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 1 (Other requirements) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

A.              All new construction of septic tanks, cesspools or other on-sitesanitary systems shall conform to Standards for Sewage and Waste Disposal Systems, as then established by the Suffolk County Department of Health Services, to all applicable wetland setbacks of the New York State Department of Environmental Conservation and of the Town of East Hampton and all other applicable local, county and state regulations concerning the siting of such structures and systems. No building permit for any such new work shall issue until all applicable provisions of the Town Code, including provisions of Chapter 255, Zoning, have been complied with.

B.              In addition to the conditions provided for in paragraph A, for all the following circumstances the sanitary systems installed must be, or the current sanitary system must be upgraded to, a Low-Nitrogen Sanitary System as defined in § 210-1-4:

(1) All construction of new buildings and structures where a sanitary system did not previously exist;

(2) Any voluntary replacement of an existing sanitary system;

(3) All substantial expansion of existing structures as defined in § 255-1-20;

(4) All large capacity cesspools mandated to upgrade pursuant to EPA regulations;

(5) All nonresidential properties that require site plan review pursuant to § 255-6-30B paragraphs (2), (4) or (5).

C.              The Planning Board may issue an extension for compliance with the provisions of this section upon a showing of good cause.  Good cause must be based upon a showing that compliance is impossible due to physical limitations and lack of an approved Low-Nitrogen Sanitary System to address and accommodate such limitations.  It is not good cause if a Low-Nitrogen Sanitary System exists that would accommodate such limitations, but does not accommodate the site plan applicant’s proposal to increase occupancy or use.  Such extension shall not be granted until the Planning Board has received proof that the owner/applicant has recorded the following covenants and restrictions in the office of the Suffolk County Clerk. The covenants and restrictions must provide that:

(1) The owner/applicant acknowledges that under the provisions of this section he/she is required to upgrade the sanitary system on the subject property as soon as possible; and

(2) The owner/applicant seeks an extension to comply with the provisions of this section; and

(3) That upon approval of a Low-Nitrogen Sanitary System that can accommodate the physical limitations of the property - or upon availability of a Community Sanitary System that the subject property can hook up to, the owner/applicant must install the Low-Nitrogen Sanitary System or hook up to the Community Sanitary System within one (1) year of the availability of such option; and

(4) That failure to comply with these covenants and restrictions may subject the owner/applicant to the penalties contained in the East Hampton Town Code including, but not limited to, the revocation of the extension for compliance; and

(5) That this extension and these covenants and restriction run with the land, and to that end, all references herein to owner/applicant shall be deemed to also refer to owner/applicant’s successors in interest.

SECTION 10. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 3 (Exception for repair or replacement) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

Notwithstanding anything in the preceding section nor any provision to the contrary in Chapter 255, Zoning, of the Town Code, a building permit obtained solely for the purpose of repairing or upgrading to a Low-Nitrogen Sanitary Systemreplacing, in place and in kind, all or part of an existing on-site wastewater disposalsanitary system or sewage treatment plant, which facility complies in all respects with the current standards and requirements of the Suffolk County Sanitary Code and meets all current setbacks for such systems in the Town Code, or is being placed such that the location of the sanitary system will be consistent with the location of the current sanitary system in relation to setbacks, may be issued without town site plan review, special permit review or other local review and approval which might be a prerequisite to issuance of other similar building permits on the particular property in question, provided that all other conditions for issuance of the requested building permit, including approval by the Suffolk County Department of Health Services, have been met by the applicant to the satisfaction of the Building Inspector. This section shall not apply to proposed expansions of existing on-site disposalsanitary systems or sewage treatment plants nor to any other new work whatsoever.

SECTION 11. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 4 (Accessibility) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

To the extent practicable and consistent with the preceding sections, all new construction of on-site disposalsanitary systems shall be located on a site so that inspection, and maintenance and pumping of such systems can be carried out without excessive difficult, or trespass on the lands of another. Thereafter, new buildings, structures, landscaping, etc., shall not be constructed or located so as to restrict such free access.

SECTION 12. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 5 (Ability to inspect) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

Unless forbidden in a particular case by the Department of Health Services, all septic tankssanitary systems shall be constructed with a chimney or inspection port at or near ground level and shall be covered and secured in a manner that permits inspection of the system as provided for herein without the removal of large amounts of grass, dirt, landscaping or other material.

SECTION 13. Amendment

Chapter 210 (Scavenger Waste) Article 3 (Construction of Disposal Systems and Treatment Plants) Section 6 (Fee for building permit) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

 

The fee charged for building permits obtained under this article shall be in such amount as shall be, from time to time, prescribed by resolution of the Town Board. Different fee schedules for residential and commercial properties, for sewage treatment plants or for different types or sizes of on-site disposal systems may be established. The Board may also designate a part of any fee charged as being for district use only.

SECTION 14. Amendment

Chapter 210 (Scavenger Waste) Article 4 (District Operation) is deleted in its entirety.

SECTION 15. Amendment

Chapter 210 (Scavenger Waste) Article 5 (Inspections) Section 1 (Required Inspections) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

Beginning four years after the effective date of this chapter, the town shall require inspection of every on-site wastewater disposal system and sewage treatment plantLow-Nitrogen Sanitary System at least once every three years by qualified persons employed by or for the town. Inspections shall also be required and may be made at any time when the Sanitation Inspector has reason to believe a system or plant is malfunctioning, has been illegally modified or expanded or is being operated beyond its design limits, or for other similar good cause shown.

SECTION 16. Amendment

Chapter 210 (Scavenger Waste) Article 5 (Inspections) Section 2 (Right of entry; limitations) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

By applying for and obtaining any permit required under this chapter, the property owner, and the system or plant owner, if different, shall be deemed to have given consent, at the time of applying for and obtaining such permit, to any inspectors employed by or for the town or the district to enter onto the subject premises to make the necessary inspections called for herein. Such consent runs with the property, and is assumed by subsequent property owners upon obtaining possession of said property. Except in emergencies, the hours of inspection shall be limited to the hours from 9:00 a.m. to 5:00 p.m. on Monday through Friday, and 10 days' written notice shall be given to the owner that an inspection is to be made. Only in cases where the Sanitation Inspector reasonably believes an emergency to exist may such notice be dispensed with. Any town or district officer, employee or agent operating under this chapter may enter onto any property in the district to make the inspections called for herein and may remove the minimum amount of grass, shrubs, vegetation, topsoil, dirt and other coverings of any system where such removal is required to complete an authorized inspection, and no civil claim shall lie against such inspector, the town or the district for any damages reasonably and necessarily resulting from such authorized activity.

SECTION 17. Amendment

Chapter 210 (Scavenger Waste) Article 6 (Maintenance) Section 1 (Required maintenance) of the East Hampton Town Code is hereby amended by renaming the section “Required maintenance and monitoring” and to add the underlined words and remove all words crossed out as follows:

 

Every owner of an on-site wastewater disposal system constructed after the effective date hereof shall have the same pumped or cleaned out at least once every three years, unless such system shall have been specifically exempted in writing by the Sanitation Inspector. Any system constructed prior to such effective date but which is repaired, reconstructed, altered, modified or expanded after such effective date shall also be pumped or cleaned out at least once every three years thereafter. All other such systems existing in the district shall be pumped or cleaned out within 20 days after the owner receives from the Sanitation Inspector or Director of Environmental Protection written notice that the system is not operating properly or is otherwise in need of such servicing.a Low-Nitrogen Sanitary System as defined in § 210-1-4, must maintain such system in accordance with the manufacturer’s recommendations and monitor the effectiveness of such system to assure that it continues to function in a manner to be considered a Low-Nitrogen Sanitary System (as such was defined at the time of installation of the system) in its efficiency in removing nitrogen.

Every owner of an on-site wastewater disposal system constructed after the effective date hereof shall have the same pumped or cleaned out at least once every three years, unless such system shall have been specifically exempted in writing by the Sanitation Inspector. Any system constructed prior to such effective date but which is repaired, reconstructed, altered, modified or expanded after such effective date shall also be pumped or cleaned out at least once every three years thereafter. All other such systems existing in the district shall be pumped or cleaned out within 20 days after the owner receives from the Sanitation Inspector or Director of Environmental Protection written notice that the system is not operating properly or is otherwise in need of such servicing.a Low-Nitrogen Sanitary System as defined in § 210-1-4, must maintain such system in accordance with the manufacturer’s recommendations and monitor the effectiveness of such system to assure that it continues to function in a manner to be considered a Low-Nitrogen Sanitary System (as such was defined at the time of installation of the system) in its efficiency in removing nitrogen.

SECTION 18. Amendment

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 1 (Sanitation Inspector) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

§ 210-7-1. Sanitation Inspector.

The Town Board shall appoint a Sanitation Inspector who shall be primarily responsible for the administration and enforcement of this chapter. Such Sanitation Inspector shall be a member of an existing town department, and wWith the consent of the Town Board, the Sanitation Inspector may designate other persons to assist him or her in his or her duties. Unless specifically limited by the Inspector or the Board, such other persons shall have all of the functions, responsibilities and authority given to the Sanitation Inspector hereunder.

SECTION 19. Amendment

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 2 (Notice of violations) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

A.                Use and effect of notice. Whenever the Sanitation Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this chapter or are not in compliance with a permit or other license issued hereunder, he or she may notify the owner of the property, the owner's agent or the person performing such operations to modify or suspend all or part of such operations, and any such person shall forthwith comply with such notice of violation until the same has been rescinded. He or she may also issue such notices with regard to wastewater disposalsanitary systems or sewage plants which are malfunctioning or whose operations are resulting in a violation of § 180-7 of the Town Code (pollution by discharge of wastes or contaminants). To the extent that any notice of violation issued hereunder requires immediate suspension, modification or cessation of any operation(s), it shall be deemed to be a stop-work order.

B.     Form of notice. A notice of violation shall be in writing, shall specify the violation(s) and shall state the conditions which must be complied with and the time within which compliance must be completed. If suspension of operations has been required, the notice shall so state with clarity and shall describe under what conditions, if any, said suspended operations will be permitted to be resumed.

C.                Service. A notice of violation shall be served upon the person to whom it is directed by delivering it to him or her personally or by posting the same in a conspicuous place on the premises where operations are conducted and by mailing a copy thereof to such person by certified mail to his or her last known address.

D.                Extension of time to comply. The Inspector may extend the time for compliance specified in any notice of violation where there exists evidence of intent to comply within the time period specified, conditions exist which prevent complete compliance within such originally specified time period and he or she has determined that there will be no threat to public health, safety or property from a short additional period of continued noncompliance.

E.               Effect of failure to comply. In the event that the person upon whom a notice of violation has been served shall fail to comply with the same within the time period specified, or any extended time period later granted by the Inspector, any and all permits, licenses, authorizations or permissions issued to the person pursuant to this chapter shall be deemed revoked.

F.                No effect on other remedies. Nothing in this section concerning the nature and effect of notices of violations shall be construed as limiting the authority of the Sanitation Inspector to pursue any necessary and appropriate legal means to properly and effectively administer and enforce the provisions of this chapter and to obtain compliance therewith. In addition to any other legal remedies available to him or her, the Inspector may, after consultation with the Town Attorney, file criminal informations and commence court proceedings on behalf of the town or the district to compel such compliance.

SECTION 20. Amendment

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 3 (Additional enforcement officers) of the East Hampton Town Code is hereby amended to add the underlined words and remove all words crossed out as follows:

 

In addition to enforcement by the Sanitation Inspector, the provisions of this chapter may be enforced by the Town Building Inspector and the Town Director of Environmental ProtectionNatural Resources, whether or not either is serving as Sanitation Inspector. For Such enforcement purposes only, each such officer shall be deemed to have the same authority as is given in this article to the Sanitation Inspector to enforce this chapter.

SECTION 21. Amendment

Chapter 210 (Scavenger Waste) Article 7 (Administration and Enforcement) Section 5 (Penalties for offenses) of the East Hampton Town Code is hereby amended to remove all words crossed out as follows:

Any carter, owner, occupant, builder, architect, contractor, agent or other person who commits, takes part in or assists in a violation of this chapter shall be liable upon conviction for a fine not to exceed $500 (or any lesser amount which may be specified herein for a particular violation) or imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur or be maintained shall constitute a separate additional offense.

SECTION 22. Amendment

Chapter 210 (Scavenger Waste) Article 4 (Administration and Enforcement) Section 7 (Severability) is deleted in its entirety.

SECTION 23. - Authority.

The proposed local law is enacted pursuant to Municipal Home Rule Law §10(1)(ii)(d)(3) and Town Law §261.

SECTION 24. - Severability.

If any section of subsection, paragraph, clause, phrase or provision of this law shall be adjudged invalid or held unconstitutional by any court of competent jurisdiction, any judgment made thereby shall not affect the validity of this law as a whole or any part thereof other than the part or provisions so adjudged to be invalid or unconstitutional.

SECTION 25. - Effective Date.

This local law shall take effect immediately upon filing with the Secretary of State pursuant to Municipal Home Rule Law.  However, the requirements of Section 210-3-1, paragraphs A and B, shall not go into effect until January 1, 2018, and thereafter shall not apply to any property for which Suffolk County Department of Health Services has issued an approval for the proposed sanitary system on or before January 1, 2018.

 

 

Meeting History

Aug 8, 2017 10:00 AM  East Hampton Town Board Work Session Meeting
draft Draft
RESULT:ADOPTED [UNANIMOUS]
MOVER:Peter Van Scoyoc, Councilman
SECONDER:Sylvia Overby, Councilwoman
AYES:Kathee Burke-Gonzalez, Peter Van Scoyoc, Sylvia Overby, Fred Overton, Larry Cantwell

Discussion