Hancock, New York

NOTICE OF ADOPTION OF LOCAL LAW NO 2 of l985:
      PLEASE TAKE NOTICE that the following Local Law No 2 of l985 was adopted by the Town Board of the Town of Hancock, on July 3, l985 after a public hearing thereon:
            A LOCAL LAW ON SEWAGE DISPOSAL
      Be it enacted by the Town Board of the Town of Hancock as follows:
      Pursuant to Section l30, subdivision l5 of Article 9 of the Town Law, the Hancock Town Board does hereby enact the following Local Law for the purpose of protecting the health, safety and general welfare of the Town.
      This Local Law is based on New York State Public Health Law, Section 201 (l)(m), consummated in Part "75" of the State Sanitary Code Standards for Individual Water Supply and Individual Sewage Disposal Systems contained in Bulletins entitled New York State Waste Treatment Handbook--Individual Household Systems and Rural Water Supply or such successive publications as may be issue

SECTION l . GENERAL
No septic tank, leaching pit, chemical toilet, privy, pipe or other means for the disposal or discharge of sewage or sink wastes shall be installed anywhere in the Town of Hancock except as herein provided

SECTION 2. AUTHORITY
Enactment of this Local Law is pursuant to Article 9 of Town Law.

SECTION 3. PURPOSE
      In rural areas, dispersed patterns of settlement make public sewer systems impractical, both from a functional and cost standpoint. Each dwelling unit shall have an acceptable sewage disposal system. The intent of this Local Law is to assure that all sewage generated in the Town of Hancock is treated and disposed of in such a manner as to assure that:
      (a) Drinking water supplies will not be contaminated.
      (b) A health hazard will not be created as the result of sewage exposed on the ground surface, accessible to children or animals.
      (c) It will not pollute or contaminate the waters of any nearby stream, wetland, pond, or lake.
      (d) It will not cause a nuisance due to odor or unsightliness.
      (e) State and other regulations governing water pollution or sewage disposal are not violated.

SECTION 4. DEFINITIONS
      Except where specifically defined, all words used in this Local Law shall carry their customary meaning. Words used in the present tense shall include the future; words used in the singular shall include the plural; and words used in the plural shall include the singular, unless the context clearly indicates otherwise.
      The word "shall " is always mandatory. The word "may" is permissive. The word "person" includes an individual person, a firm, a corporation, a co-partnership, and any other agency of voluntary action.
      Application-means those forms provided by the Town Clerk to a person or persons desiring to build a new sewage system or to replace on old system.
      Chemical Toilet-is any device that is portable and utilizes chemicals to treat raw sewage which deodorizes the wastes prior to proper disposal.
      Major Alteration or repair-means any remedial measure directly affecting at least one-half of the leaching device, distribution boxes, or septic tank of an individual sewage disposal system.
      Minor Alteration or Repair-is any remedial measure not defined as a major repair or alteration, or extension (such as pumping a tank, replacing a broken line, or removing a plug from a line). No application is required for a Minor repair.
      Percolation Test-is a test to determine the rate that a certain piece of ground drains, and it is useful for determining the suitability of an area for certain sewage systems.
      Pit Privies-are buildings fixed to vaults or pits, equipped with seating to allow for excretion of body wastes.
      Reconstruction-means the replacement of an existing system or any major alteration or repair requiring a permit and certificate of approval from the Sanitary Inspector.
      Septic Tanks-are large, watertight chambers which promote the growth of anaerobic bacteria which aid in the decomposition process and which prevent solids from entering the leaching device.
      Sewage-means any liquid or solid waste matter from a domestic, commercial, or industrial establishment which is normally carried off in sewers or waste pipes.
      Standards-in this document, standards refers to New York State Department of Health data and regulations as given in their publication, INDIVIDUAL HOUSEHOLD SYSTEMS; WASTE TREATMENT HANDBOOK, or its current equivalent.
      Storm-Sewer- means those drainage devices that are used exclusively for the drainage of precipitation or flood waters.

SECTION 5. APPLICATION
      Except as hereinafter provided, it shall be unlawful for any person to construct, alter, repair, or extend any facility intended or used for the discharge of sewage or greywater. An application, provided by the Town Clerk, must be filled out in triplicate before any construction or erection of any structure intended for human occupancy is commenced or if a major repair or alteration to an existing system is commenced. The completed application shall be filed with the Town Clerk and approved in the manner hereinafter prescribed.
      No application is required for minor repairs.
      A map of the proposed water and sewage system must be submitted with the Application for a permit. The map must contain all measured distances from the proposed system to all water sources, streams, lakes, wells, property lines and dwellings.
      The Application must contain the results of a percolation test taken in accordance with the New York State Health Department Regulations. The local Sanitary Inspector must be present during the percolation test.

SECTION 6. FEE
A fee in an amount established by a Town Board resolution shall be paid to the Town Clerk simultaneously with the filing of the application, which fee shall cover the expenses of the Sanitary Inspector. The resolution is on file in the office of the Town Clerk.

SECTION 7. SANITARY INSPECTOR
      The Town Board shall appoint a competent person as Sanitary Inspector who shall be responsible to the Town Board for the performance of the duties hereinafter mentioned and whose appointment shall be held at the pleasure of the Town Board. It shall be the duty of the Sanitary Inspector:
      (a) To receive Applications filed with the Town Clerk,
      (b) To promptly investigate, before and after installation, any proposed disposal devices indicated in said applications. When the proposed installation meets the requirements of this Local Law, a permit to proceed with such installation shall be issued.
      (c) To see that the provisions of this Local Law are observed. No installation shall be covered until it has been inspected and approved by the Sanitary Inspector,
      (d) and to issue to the applicant a Certificate of Approval permitting the use of such installation that conform to the provisions of this Local Law.
      The Sanitary Inspector or Town Health Officer may, if he receives a notice of complaint or has reason to believe that a violation exists, inspect any individual sewage disposal system within the town to insure that it is being maintained in proper working order, in compliance with this Local Law and to insure that the system has not become a nuisance endangering the health, welfare or environmental quality of the community. It shall be unlawful for the owner or occupant of the property to deny such official free access to the property at reasonable times for the purpose of making such inspections as are necessary. Where practical, inspections shall be made only after reasonable notice to the owner or the occupant.
      The Sanitary Inspector will receive two copies of the Application from the Town Clerk. He shall act to approve or disapprove each Application for a new system within thirty (30) days of the Town Clerk's receipt of a completed Application and shall notify the applicant within seven (7) days of his decision. He shall return one copy of the Application to the Town Clerk and applicant with a duplicate e of the Certificate of Approval and a map of the installation, if such installation has been approved, to each. If the Sanitary Inspector declines to approve the Application, he must return the Application to the Town Clerk and applicant with the reasons for declining it.
      When an application is received for major repairs or for the complete replacement of an existing system, the time period for the Sanitary Inspector to act on the application shall be five (5) days.

SECTION 8. APPEALS
If the Sanitary Inspector declines to approve any proposed installation, the applicant may appeal to the Town Board whose approval or rejection must be made within thirty (30) days and that decision shall be final and conclusive. If the Sanitary Inspector finds that an existing system is inadequate or does not function properly and is a nuisance, the owner or lessee may appeal this decision to the Town Board which must uphold or overrule the decision of the Sanitary Inspector within thirty (30) days.

SECTION 9. EXPOSURE OF SEWAGE
No person, firm or corporation, either as owner, lessee or tenant of any property, dwelling building, or place shall construct or maintain any privy, sewage disposal system, pipe or drain so as to expose or discharge the contents or other liquid matter therefrom to the atmosphere or on the surface of the ground nor so as to endanger any source of drinking water; nor shall any such person, firm or corporation discharge into any water course, storm sewer, drain or body of water any sewage or sewage effluent from a sewage disposal system, pipe or drain, or any excreta from a privy vault or other receptacle for the storage of excreta unless a permit for such discharge shall have been issued therefor by the Sanitary Inspector and such discharge shall be made in accordance with the requirements thereof.

SECTION 10. STANDARDS FOR INDIVIDUAL WASTE TREATMENT SYSTEMS
      Individual waste treatment systems shall be designed, constructed and maintained in accordance with the standards of the State Commissioner of Health as set forth in the State Department of Health Bulletin entitled WASTE TREATMENT HANDBOOK: INDIVIDUAL HOUSEHOLD SYSTEMS, or its current equivalent
      If conditions are such that a lot does not provide adequate space for the minimum required separation distances or that the lot cannot meet other Standards as set forth in the Waste Treatment Handbook associated with the construction of anew sewage disposal system or the replacement of an old system, the Sanitary Inspector shall refer the Application to the Town Planning Board for their review. In these cases, serious considerations shall be given to the installation of alternative waste treatment systems. The Town Board shall make final decisions regarding a variance, if necessary, and shall consider the opinions of the Building Inspector and Planning Board in making their decision.
      Compliance with the provisions of this Ordinance and the issuance of a Permit for the construction of a system shall constitute no warranty as to the serviceability of the system.

SECTION 11. ALTERNATIVE SYSTEMS
      Conventional, waterborne septic systems are designed to handle normal household flows in unsewered areas where suitable soil and site conditions exist. In certain areas, non-waterborne systems may be constructed. Typical locations for non-waterborne systems are rural camps, seasonal recreation areas, construction sites, public gatherings and similar temporary occasions. Other conditions which may justify use of these systems are where:
      (a) Soil and site conditions will not physically accommodate conventional sewage disposal systems,
      (b) Water under pressure is not available,
      (c) The location under consideration is not a developed site,
      (d) The intended use is of short duration.
      Devices considered for these areas include, but are not limited to, the sanitary privy, chemical toilet and organic systems Specifications for these alternatives and other methods are available and information about such can be obtained from the New York State Department of Health.
      Any alternative system shall provide the same level of service specified in Section 3 of this Ordinance and shall require a similar permit. When an alternative system is proposed, the review and recommendation of the Planning Board and Town Board approval is required as specified in Section l0

SECTION 12. GREYWATER
Greywater, such as that produced by washing machines and dishwashers, may be disposed of through a small amount of drainage tile buried underground or simple dry well.

SECTION 13. EXISTING SYSTEMS
      An existing system that has been found to be a nuisance and is inadequate or not functioning properly shall be corrected by the owner in the following manner: The Sanitary Inspector shall notify the owner or lessee of the said premises in writing of such fact, and a copy of such notice shall be sent to the Town Board via the Town Clerk. Upon receipt of such notice, it shall be the duty of the owner, within ten (l0) days, to make Application to the Town Clerk for a Major Alteration Permit. The owner shall complete such major reconstruction or alteration within thirty (30) days after receiving approval by the Sanitary Inspector of his plans. Unless such reconstruction or alteration as is required shall have been completed within the said thirty (30) days, it shall be unlawful and improper to use the said premises for human occupancy until such construction or alteration is completed and approved in the manner provided for new installation.
      The Sanitary Inspector may grant such a waiver of up to sixty (60) days for any situation of extenuating circumstances.
      Complaints that any existing system fails to comply with any of the requirements of the Ordinance shall be in writing, signed and filed with the Town Clerk.

SECTION 14. STANDARDS FOR MULTI-FAMILY, COMMERCIAL, INSTITUTIONAL AND INDUSTRIAL SYSTEMS
Sanitary sewage disposal systems for these uses and establishments are generally regulated by the New York State Departments of Health and Environmental Conservation. However, when a particular establishment does not require the approval of the Health Department or Environmental Conservation, then the application procedure and standards as described in this Local Law apply.

SECTION 15. PENALTY
Any person owning, controlling or managing any building, structure, land or premises therein or whereon there shall be placed on or there exists a structure or system in violation of the Local Law; and any person who shall commit or assist in the commission of any violation of the Local Law or who shall build, erect, construct, or attempt the same, any structure contrary to the plans or specifications submitted to the authorized official and by him certified as complying with the Local Law; and any person who shall omit, neglect or refuse to do any act required by this order shall be subject to a fine of not more than One Hundred Dollars ($l00.00) to be recovered by the Town Board in any court of competent jurisdiction. Every such person shall be deemed guilty of a separate offense for each day that such violation, disobedience, omission, neglect or refusal shall continue. Where the person omitting such violation is a partnership, association, or corporation, the principal executive officer, partner, agent or manager may be considered to be the person for the purposes of this Section.

SECTION 16. AMENDMENTS
All amendments to this Local Law shall be in accordance with the provisions of the Town Law thereto.

SECTION 17. VALIDITY
The invalidity of any provision of this Local Law shall not invalidate any other provision thereof.

SECTION 18. EFFECTIVE DATE
      This Local Law shall take effect immediately after its passage and the publication and posting thereof as required by law.
        DATED: JULY 3, 1985
        REGINA M. PALMER,
        Town Clerk.