SANITARY CODE

SANITARY CODE

of the

Cayuga County Health District

Effective January 1, 1965

Cayuga County Health Department

160 Genesee Street

Auburn, New York 13021-3424

William L. Catto, P.E.

Public Health Director

* * * * * * * *

Article III, Section 2(a), amended effective April 27, 1967

Article II, Section 5 (b), amended effective April 15, 1970

Article III, Section 2(d) 2(f), amended effective May 15, 1972

Article III shall be eliminated effective August 1, 1994

Article V shall be adopted effective August 1, 1994

Article I Section 2, Section 3, Section 4 amended effective August 1, 1994

Revised 6/10/94

Revision 12

CAYUGA COUNTY SANITARY CODE

ARTICLE V

TABLE OP CONTENTS

SECTION PAGE

I. INTRODUCTION 1

II. DEFINITIONS 2

III. PROHIBITIONS 6

IV. REQUIRED DISCHARGE PERMIT AND

INSPECTION REPORT 8

V. ISSUANCE OF A PERMIT TO DISCHARGE

FROM AN EXISTING WASTEWATER TREAT-

MENT SYSTEM 11

VI. WASTEWATER INSPECTOR QUALIFICATIONS 18

VII. CONSTRUCTION OR MODIFICATION

OF WASTEWATER TREATMENT SYSTEMS 18

VIII. VARIANCES 20

IX. SEPTAGE 22

X. FLOOD PLAIN REQUIREMENTS 22

XI. HOME RULE 22

XII. CONTROLLING ARTICLE 23

XIII. FEES 23

CAYUGA COUNTY SANITARY CODE

ARTICLE V

SECTION I. INTRODUCTION

A. PURPOSE

The Cayuga County Board of Health is required to protect

the health and safety of the people of Cayuga County

including public water supplies and is authorized after

review and filing with the New York State Department of

Health to enact amendments to the Cayuga County Sanitary

Code. This Code shall insure that wastes discharged from

sewage disposal systems:

1. Do not contaminate any drinking water supply.

2. Are not accessible to insects, rodents, or other

possible carriers of disease which may come into

contact with food or drinking water.

3. Do not pollute or contaminate the waters of any

bathing beach or stream used for public or domestic

water supply purposes or for recreational purposes.

4. Are not a health hazard by being accessible to

children and adults.

5. Do not give rise to a nuisance due to odor or

unsightly appearance.

6. Will not violate any other laws or regulations

governing water pollution or sewage disposal.

B. AUTHORITY

The authority for these regulations is New York State

Public Health Law. Sections 308, 309, 347, 348, 1303,

1304, et al, addressees the Board of Health powers.

This article does not apply to those properties using

public sewer systems.

C. APPLICABILITY

1. The design, construction, operation and maintenance of

wastewater treatment systems located wholly or partially

within Cayuga County, with the exception of municipal

owned wastewater treatment plants permitted by New York

State Department of Environmental Conservation, shall

be subject to the requirements of this article.

The requirements of this article are in addition to,

and not in lieu of, the requirements for wastewater

treatment systems set forth in 10 NYCRR Appendix 75-a

of Part 75.

2. Systems located outside Cayuga County shall not be

subject to the requirements of this article.

3. Whenever a conflict exists between this article or

other provisions of the County Sanitary Code or

State Sanitary Code rules and regulations, the more

restrictive provisions shall apply.

4. Private surface and subsurface drainage pipes on a parcel

of property bordering the mean high-water mark on

Owasco Lake and Little Sodus Bay that have the

potential to carry wastewater septic tank effluent

or contribute to high coliform counts in Owasco Lake

and Little Sodus Bay are subject to this article.

SECTION II. DEFINITIONS

The following terms shall have the stated meanings

whenever used in this Article:

1. Absorption device means any structure that is designed

to distribute wastewater or effluent into the soil by

means of a network of pipes.

2. Absorption field means an area to which wastewater or

effluent is distributed for infiltration to the soil.

3. Absorption trench means a long narrow area which

includes a pipe for the distribution of septic tank

effluent.

4. Base Flow means any visible, sustained, or fair

weather run-off.

5. Cleanout means an opening providing access to

wastewater treatment systems or components thereof which

allows for the cleaning or purging of materials and

obstructions.

6. Coliform bacteria - A group of bacteria predominantly

inhabiting the intestines of man or animal, but also

occasionally found elsewhere. It includes all aerobic

and facultative anaerobic, Gram-negative, non-spore-

forming bacilli that ferment lactose with production of

gas. Also included are all bacteria that produce a dark,

purplish-green colony with metallic sheen by the

membrane-filter technique used for coliform

identification. The two groups are not always

identical, but they are generally of equal sanitary

significance.

7. Design Average Flow (DAF) - means the highest expected

volume of wastewater, expressed in gallons, that will

pass through a wastewater treatment system in a twenty-

four hour period normally occurring during periods of

greatest use.

8. Discharge means the addition of wastewater or effluent

onto the ground or into a watercourse of Cayuga County

and includes the accidental or intentional spilling,

release, leaking, pumping, pouring, emitting, emptying or

dumping of wastewater or effluent onto the ground or into

a watercourse of Cayuga County.

9. Distribution device means a structure used to

informally distribute wastewater to distribution lines.

10. Effluent - Treated wastewater that flows from a

septic system or any other treatment process.

11. Emergency repairs means repairs designed to prevent

or abate an imminent threat to ground or surface water

quality, or the public health, safety or welfare, caused

or about to be caused by wastewater.

12. Existing standards means those standards established

for existing wastewater treatment systems.

13. Existing system means a system placed in operation,

or approved by the Cayuga County Health Department

pursuant to a local sanitary code.

14. Failure or system failure means a wastewater

treatment system:

(i) that discharges wastewater onto the surface of the

ground or into a watercourse of Cayuga County; or

(ii) that has sustained a cracked or broken tank,

distribution box, leach line or pipe, or has a

malfunctioning pump or other component of such

system, which causes or is likely to cause pollution of

the waters of Cayuga County.

15. Fecal Coliforms - the presence of fecal coliform

organisms in a water sample indicates recent and possibly

dangerous pollution. Fecal coliforms frequently have

been proposed as a more specific and reliable indicator

of fecal pollution than the broader coliform group.

16. Final Grade - means the elevation that ground

will have at the conclusion of cutting, filling, or other

site work.

17. Gravel - means a mixture of mineral soil particles

whose individual diameter range from 1/4" to 3".

18. Fill system or cut and fill system means any

wastewater treatment system where earth is removed or cut

and replaced or filled with a suitable soil.

19. Greywater means household wastewater without toilet

wastes.

20. Groundwater means soil moisture occupying a zone of

saturated soil.

21. Licensed Design Professional: means a Professional

Engineer, Registered Architect, or a Licensed Land

Surveyor with an exemption for minor engineering.

22. Mean High Water for Owasco Lake shall be defined as

USGS elevation 717.13 ft. Mean High Water for Little

Sodus Bay shall be defined as USGS elevation 248.20 ft.

23. Percolation test means a standard Health Department

procedure for testing soil permeability to determine the

proper wastewater application.

24. Raised system means any wastewater treatment system

involving earth fill above natural existing ground level.

25. Repair means to fix, mend or replace in kind a

component or components of a wastewater treatment system

without altering its original design or operation.

26. Seepage pit means a covered underground pit with a

permeable lining that permits the infiltration of

effluent to the surrounding soil.

27. Sewage shall have the same meaning as wastewater.

28. Sewer means a closed conduit or pipe designed to

transport wastewater or effluent.

29. SPDES permit shall mean a valid State pollutant

discharge elimination system permit issued by the New

York State Department of Environmental Conservation.

30. Surface water - see watercourse.

31. System shall have the same meaning as wastewater

treatment system.

32. Tributary means a continuously flowing natural stream

which empties into the lake.

33. Wastewater means human or household wastes, or

combination thereof, with water which is discharged to

the home plumbing system, the waste from a flush toilet,

bath, sink, lavatory, dishwashing or laundry machine, the

water-carried waste from any other fixture or equipment

or machine, with or without the admixture of industrial

waste.

34. Wastewater treatment system means the complete system

of piping, tanks or other facilities for the collection,

treatment and disposal of wastewater for purposes of this

Article of the Sanitary Code shall be the same as Septic

Tank System.

35. Watercourse means any surface water path, river,

stream, creek, spring, pond, lake, wetland, or natural

or man-made depression that is sustained primarily

through base flow, or any water body of any kind

designated on the official Cayuga County watershed map

prepared by the Central New York Regional Planning and

Development Board and filed in the Cayuga County

Clerk's Office on May 26, 1994, as Map 94-99.

Watercourse shall not include drainage areas which

contain water only during and immediately after a

rainstorm

36. Watershed shall mean the entire drainage area

contributing to a body of water.

SECTION III. PROHIBITIONS.

A. No person shall discharge wastewater within

Cayuga County except in accordance with permits

issued pursuant to the provisions of this

article.

B. No person shall build, erect, construct, expand,

repair, modify, enlarge or convert to another use

any structure or system that will or may increase

the amount of wastewater that is generated, that

is subject to the provisions of this article and

involves the discharge of wastewater within

Cayuga County without obtaining the requisite

review and acceptance of plans from the County

Health Department.

C. No person shall operate a wastewater treatment

system or occupy a building which is serviced by

a wastewater treatment system within Cayuga

County when such system discharges wastewater or

sewage to the surface of the ground.

D. Notwithstanding any other provision of this

article or any permit issued pursuant thereto, no

person shall discharge, cause, or allow to be

discharged, sewage or wastewater onto the surface

of the ground, or into a watercourse without

a permit from the New York State Department of

Environmental Conservation.

E. No owner of any wastewater treatment system shall

fail to apply for permits, or to pay fees for

such applications as required by this article in

accordance with the schedules herein established.

F. Any violation of these prohibitions herein is

subject to the enforcement provisions set forth in

the New York State Public Health Law.

G. No owner shall maintain a private drainage pipe on

their parcel of property bordering the mean high-water

mark on Owasco Lake or Little Sodus Bay, that

discharges an effluent with a coliform count greater

than 200 fecal coliform organisms per 200 milliliters

for a single sample.

If test results from the drainage pipe are greater

than 200 fecal coliform/100 milliliters, the owner

shall have the option of having three additional tests

taken within twenty (20) days, and if the average of

the three (3) sample results is less than 200 fecal

coliform, the drainage pipe shall not be prohibited or

require treatment.

When test results from the drainage pipe are greater

than 200 fecal coliform/100 milliliters, the lake

front owner with the drainage pipe shall not be

required to remove the drainage pipe or treat the flow

if it can be proven to the satisfaction of the Cayuga

County Health Department by laboratory samples that

the coliform is not originating from the owner's

property or absorption field.

H. All persons or corporations engaged in the

business of constructing or installing

septic tank systems or pumping out of septic

tanks shall obtain a business permit from the Cayuga

County Health Department before constructing,

installing or pumping septic tank systems. The

business or person shall file an application

with the Health Department and pay a business

permit fee set forth by this Code. The applicant shall

certify in the application that they are familiar with

these provisions and that their permit may be revoked

by the Board of Health after a hearing if the

applicant is found to have violated the code.

SECTION IV. REQUIRED DISCHARGE PERMIT AND INSPECTION REPORT

A. DISCHARGE PERMIT

All wastewater treatment systems must have a

completed inspection report and a permit to

discharge. The inspection results shall be

submitted to the Health Department on a form supplied

by or approved by the Cayuga County Health

Department. Inspections are hereby required in

accordance with the following schedule:

1. OWASCO LAKE AND LITTLE SODUS BAY WATERSHED

(a) On or before November 1, 1994, for systems

and all drainage pipes located on a parcel of

property bordering the mean high water mark

of Owasco Lake or Little Sodus Bay and every

two years thereafter. If the wastewater

treatment system is greater than 500 feet

from the mean high water mark, then

(1) (c) shall apply.

All drainage pipes shall be inspected by a

Cayuga County inspector for fecal coliform

organisms to be tested at a laboratory

certified by the New York State Department

of Health and shall be part of the

inspection report and discharge permit for

the property.

(b) On or before November 1, 1995, for all

systems located on a parcel of property not

bordering the mean high water mark of Owasco

Lake or Little Sodus Bay but within 500 feet

thereof and every three years thereafter.

located in the Owasco Lake or Little Sodus

Bay watershed, but not covered under

paragraph (a) or (b) above, and are in the

Towns of Owasco, Niles, Moravia, Scipio,

Fleming, and Sterling, and every five years

thereafter.

2. ALL OTHER PROPERTIES IN CAYUGA COUNTY

(a) On or before November 1, 1997, and every 5

years thereafter, all systems located in a Town

with an (A) as a prefix from the following

list:

(b) On or before November 1, 1998, and every 5

years thereafter, all systems located in a Town

with a (B) as a prefix from the following list:

years thereafter, all systems located in a Town

with a (C) as a prefix from the following list:

(d) On or before November 1, 2000, and every 5

years thereafter, all systems located in a Town

with a (D) as a prefix from the following list:

(A) Town of Aurelius (A) Town of Niles

(B) Town of Brutus (B) Town of Owasco

(D) Town of Conquest (D) Town of Sempronius

(A) Town of Fleming (A) Town of Sennett

(B) Town of Genoa (B) Town of Springport

(D) Town of Ledyard (D) Town of Summerhill

(A) Town of Locke (A) Town of Throop

(B) Town of Mentz (B) Town of Venice

(D) Town of Moravia

B. PROPERTY TRANSFER AND REFINANCING INSPECTIONS:

(1) Prior to any property transfer, all septic or

holding tanks must be pumped out by a New York

State Department of Environmental Conservation

licensed waste hauler, and a report filed with

the Cayuga County Health and the proposed new

owner, unless documentation can be furnished that

the tank has been pumped out by a licensed hauler

within the last twelve months.

(2) Prior to, or at the time of property transfer,

all wastewater treatment systems shall be

inspected by a Cayuga County certified inspector

and a report filed with the Cayuga County Health

Department and the proposed new owner.

(3) If a lending institution requires a property

owner to obtain a wastewater treatment system

inspection, and pumping of septic tank for

refinancing, such reports, completed by a Cayuga

County certified inspector shall be filed with

the Cayuga County Health Department.

C. INSPECTION REPORT REQUIREMENTS

Due to inadequate design, maintenance or operation,

all wastewater treatment systems have the potential

to contribute pollution and harmful nutrients to

tributaries and thereby to the waters of Cayuga

County. These wastewater treatment systems shall be

inspected by a person certified by the Cayuga County

Health Department.

The inspection report shall be on a format

provided by the Cayuga County Health Department

and shall cover the following items:

(1) The location of the wastewater treatment system,

including the street address and tax map,

block, and lot numbers of the parcel of

property.

(2) A general description of the wastewater

treatment system, including sizes, dimensions

and sketch of the system, when data or infor-

mation is available.

(3) The date(s) of system construction and

subsequent repairs, modifications or

alterations.

(4) A listing of the wastewater generating fixtures

which discharge to the system, including their

location by street address, tax map, block and

lot numbers.

(5) A description of the occupancy and annual use of

the system, including periods of maximum use.

(6) A listing of the distances separating the

applicant's seepage pits, disposal fields, and

leaching facilities from adjacent wells, water-

course and property lines, if known.

(7) For a system with a valid State Pollution

Discharge Elimination System (SPDES) permit,

a copy of the current permit.

(8) Other information as may be necessary to

evaluate the application by the Cayuga County

Health Department.

(9) The filed inspection report shall include

a general description of the wastewater treat-

ment system, including sizes and dimensions

when available, without subsurface exploration

or special technical assistance. Engineering

plans, reports or specifications shall not be

required to be prepared for inspection reports,

but if existing, their submission may be

required.

D. RIGHT OF ACCESS

The Health Department or its duly authorized

representative is authorized to enter upon any parcel

of property for the purpose of inspecting wastewater

treatment systems and soil conditions and may collect

data, install monitoring wells, take samples and

conduct other investigations reasonably related to

gathering information on the wastewater management

and related systems.

SECTION V. ISSUANCE OF A PERMIT TO DISCHARGE FROM AN EXISTING

WASTEWATER TREATMENT SYSTEM.

A. CLASSIFICATION OF SYSTEM

After an inspection report has been duly filed

and the Health Department has accepted the

inspection report as complete, the Health

Department shall classify the wastewater

treatment system and issue a permit to discharge,

unless the Health Department determines that the

system has failed, resulting in a discharge of

wastewater onto the surface of the ground or into

a watercourse. The Health Department shall

classify systems other than failed systems as:

(1) Meeting design standards;

(2) Meeting existing standards;

(3) Substandard

A permit to discharge may be issued to the

applicant by the Health Department only for systems

meeting design standards or existing standards. An

interim permit to discharge may be issued for

substandard systems.

B. SYSTEMS MEETING DESIGN QR EXISTING STANDARDS

A permit to discharge from a wastewater

treatment system may be issued by the Health

Department for a term of up to five years when

and if the following conditions have been

satisfied:

(1) A complete inspection report has been

filed, and

(2) There is no evidence of system failure

during testing and operation of the system,

and

(3) There are no known or identifiable system

overflow points, and

(4) All mechanical and electrical components

are maintained in good working order, and

(5) If condition (a) set forth below is

satisfied, the system is deemed to meet

design standards, or if condition (b) or

system is determined to meet existing

standards:

(a) it can be demonstrated that the system

conforms with the design standards as

set forth in 10 NYCRR Appendix 75-a of

Part 75.

(b) the system was constructed and

maintained in accordance with a valid

permit issued by the New York State

Department of Environmental Conserva-

tion, the Department of Health or any

Town or Village located within Cayuga

County.

(1) the septic tank is of a size and

construction consistent with the

requirement for existing systems.

(2) there is a vertical separation

of two feet between the bottom

of the absorption device and

seasonal high groundwater,

bedrock or impervious strata,

and,

(3) the absorption field is separated

from any watercourse or wetland

by at least 100 feet.

C. SUBSTANDARD SYSTEMS

Whenever the conditions for issuance of a permit

to discharge from an existing wastewater

treatment system cannot be met, and there is no

evidence of failure of the system, the system

shall be deemed to be sub-standard. The Health

Department may issue an interim permit to

discharge from a substandard system for a

minimum term of one year to afford time for the

homeowner to make further investigation and

evaluation of the system.

The Health Department may require substandard

systems located on a parcel of property

bordering Owasco Lake or Little Sodus Bay

to be replaced by a holding tank above high

water and may require the resident to keep

records of water usage and holding tank

pumpouts, where those provisions listed in

Section V (B) (5) (c) are not met.

D. SUMMARY OF CLASSIFICATION METHOD AND CORRESPONDING

PERMIT TYPES. The following diagram is provided to

summarize the classification of wastewater treatment

systems:

		Highest level
		Initial Permit
Classification	Basis of Classification	Attainable
		Permit to
Design	Conforms with new	Discharge
Standards	construction standards	(2 to 5 years)
		Permit to
Existing	Conforms with existing	Discharge
Standards	construction standards	(2 to 5 years)
Substandard	Non-conformance with	Interim Permit
	the above	to Discharge
		(1 year minimum)
Failed	Evidence of Failure	None

E. CONDITIONS AND LIMITATIONS ON INTERIM PERMITS TO

DISCHARGE.

The Health Department may impose special

conditions, schedules and limitations on interim

permits to discharge, to eliminate or control

situations where fecal coliform could be reasonably

expected to enter a lake, bay, pond, river,

watercourse or any other permanent body of water or

its tributaries, including any of the following:

(1) Any expansion in size or increase in use of the

buildings or wastewater generating fixtures

connected to the subject wastewater treatment

system shall require approval of plans by the

Health Department and will require a permit for

construction of a new or modified wastewater

treatment system in accordance with this

article.

(2) The maintenance or repair of any system

component found to be in need of maintenance or

repair.

(3) A pump-out of the septic tank and submission of

documentation to the Health Department that such

pump-out has been performed by a septic tank

cleaner licensed in accordance with New York

State Department of Environmental Conservation.

(4) the immediate reporting to the Health Department

of any failures or breakdowns of any of the

components of the system or any flow of

wastewater onto the ground or into a watercourse

of Cayuga County.

(5) the filing of a septic tank cleaner report on

the location, size, material and makeup of the

septic tank when a pump-out has been required

and undertaken pursuant to this article.

(6) a limitation on the flows which may be directed

to such systems,

(7) the digging of a test hole or allowing the

Health Department to place a monitoring well on

the property to examine soil and groundwater

conditions of the site,

(8) the exposure of the access port of the septic

tank and removal of solids and liquids therein

contained, in the presence of an authorized

representative of the Health Department,

(9) require a holding tank with alarm Systems, or

other devices to insure no leakage or overflow

of holding tank, and a contract with a licensed

hauler with records of water usage and pump outs

to be maintained and provided to the Health

Department upon request.

F. ISSUANCE OF INTERIM DISCHARGE PERMIT

Permits to discharge shall be issued for a term of one

year minimum for systems on an interim permit. An

application for renewal of an interim permit to

discharge annually shall be made to the Health

Department except that no such permit shall be issued

or renewed when any of the following has occurred;

(1) failure to conform with any condition or

requirement of a previous permit, or

(2) determination by the Health Department of the

existence of failed system or an improperly

maintained or improperly repaired system.

G. EXPIRATION OF INTERIM PERMIT

Upon the expiration of an interim permit to discharge

from an existing wastewater treatment system, the

Health Department shall take action as specified

below:

(1) Where it is determined that the provisions of

Section V of this article governing issuance of

a permit to discharge can be satisfied, the

Health Department shall issue a permit to

discharge which shall include any of the special

conditions.

(2) Where the conditions for a permit to discharge

cannot be demonstrated, but there is reasonable

likelihood that with further investigation it

can be demonstrated that such conditions can be

met, the Health Department shall issue a renewal

of the interim permit to discharge together with

any necessary conditions for a term to be

determined by the Health Department.

(3) When it would create undue hardship or under

other special circumstances, the Health

Department may:

(a) grant a variance in accordance with this

article;

(b) grant a special waiver of requirements for

a period of time determined by the Health

Department or within a geographic area

determined by the Health Department; or

specific conditions which may include

repair, modification or alteration of the

wastewater treatment system.

(4) Where it is determined by the Health Department

that the minimum standards for issuance of a

permit to discharge cannot be met, especially

those provisions listed in Section V (B) 5 (c),

the Health Department may direct the owner of

the system to undertake specific repairs,

alterations or modifications to the system, to

comply with a schedule established by the Health

Department to plan, select and construct a new

wastewater treatment system based on health or

water quality considerations to replace the

existing system.

(a) The Health Department may issue an order

requiring repair, alteration or

modification of a wastewater treatment

system to prevent the continued flow of

wastewater onto the ground or into the

waters of Cayuga County. When such repairs

are not undertaken within the time

specified, the Health Department shall

summon the property owner to a Board of

Health administrative hearing for

enforcement.

(b) Repairs, alterations and modifications to

all existing systems shall be in accordance

with a plan reviewed and accepted by the

Health Department except for such repairs,

alterations and modifications ordered on an

emergency basis.

SECTION VI. WASTEWATER INSPECTOR QUALIFICATIONS

A. QUALIFICATIONS

The minimum qualifications for an inspector shall

be in addition to completing the required course

and passing the test to insure knowledge of waste-

water regulations and inspection procedures:

1. Professional Engineer, Registered Architects or

Licensed Land Surveyor with certificate for

minor engineering all of whom are licensed by

New York State to design septic tank systems.

2. Cayuga County, City, Town and Village Code

Enforcement officers, water supply operators or

sewage treatment plant operators.

3. A person who has been in the business and

supervising the installation of septic tank

systems on a regular basis in Cayuga County for

five years.

4. A person with special specific experience may

submit their work experience to the Cayuga County

Health Department for review to determine if

they meet a combination of the above qualifi-

cations or equivalent training and experience.

5. Satisfactorily completing a wastewater systems

inspection course every two years approved

by the Cayuga County Health Department

and be certified by the Cayuga County Health

Department.

SECTION VII. CONSTRUCTION OR MODIFICATION OF WASTEWATER

TREATMENT SYSTEMS.

A. REQUIREMENTS

1. Construction of a new system or modification

of an existing system located within Cayuga

County all require a review of plans and

acceptance by the Cayuga County Health

Department, prior to construction.

2. The fee for a review of plans and acceptance by

the Cayuga County Health Department shall be as

designated in the section on fees, and shall be

paid to the County Health Department upon the

submission of plans.

3. An application for a review of plans and

acceptance by the Cayuga County Health

Department shall be on Department approved

forms and shall contain such information as

shall be determined necessary for proper

review by the Health Department.

4. New wastewater treatment systems must meet

requirements of 10 NYCRR Appendix 75-A of Part

75 or obtain a variance.

5. Owners of existing wastewater treatment systems

in need of repairs or modification shall be

encouraged to meet 10 NYCRR Appendix 75-A of

Part 75. Plans not meeting these sections of

the code may be accepted based upon information

and data submitted with owner's authorization.

6. All site evaluations and preparation of plans

for repair or replacement of wastewater

treatment systems located in the Owasco Lake

and Little Sodus Bay watersheds and other

environmentally sensitive areas as designated

by the Cayuga County Health Department, shall be

conducted and submitted with seal and signature

of a licensed design professional (Professional

Engineer, Registered Architect or Licensed

Land Surveyor with an exemption) . Contractors

issued a Business Permit by the Cayuga County

Health Department and been in business of

installing septic systems for a minimum of three

years will be allowed to perform site

evaluations and preparation of plans for repair

or replacement of wastewater treatment systems

located outside the watersheds of Owasco Lake

and Little Sodus Bay and other environmentally

sensitive areas as designated by the Cayuga

County Health Department.

7. Septic tank replacement only shall require

written notification of replacement including

date, size, fee, and conditions to the Health

Department but not require a formally prepared

plan.

SECTION VIII. VARIANCES

A. STANDARDS - An owner who experiences practical

difficulty or unnecessary hardship because of the

literal interpretation of the provisions of the County

Sanitary Code Article V may request a hearing by the

Variance Committee. The Variance Committee shall

consist of three (3) persons appointed by the Board of

Health, none of whom shall be an employee of the County

Health Department.

The Variance Committee may recommend a variance from the

requirements of this Article if the Variance Committee

finds that the essential purpose of these regulations,

namely the protection of public health and water

quality, will be accomplished even if the variance is

created. The Variance Committee shall consider the

following factors and make applicable findings

regarding:

(1) Whether the use or activity to be authorized by

the waiver or variance is in harmony with the

purpose and intent of this Article.

(2) Whether a substantial change will be produced in

the general condition of the water quality or a

substantial risk to groundwater quality or

quantity will be created because of the

variance.

(3) Whether the hardship or difficulty can be

alleviated by some other method that is feasible

for the applicant to pursue.

(4) Whether the variance requested is the minimum

variance necessary to afford relief. To this

end, the Variance Committee may recommend a

lesser variance than that applied for.

(5) Whether the hardship or difficulty has been

created by the applicant.

B. DETERMINATION BY VARIANCE COMMITTEE

1. The Variance Committee shall act on all requests within a

reasonable time of receipt of a properly prepared variance

application. If the request is not acted upon in a timely

fashion, the old permit would continue to apply.

2. Every decision of the Variance Committee to approve,

approve with conditions or deny a variance request shall be

made in writing and served on the applicant and shall include

findings made regarding the aforementioned applicable factors.

All conditions shall be expressly set forth and the reasons

for such conditions specified. Violations of the conditions

of a variance shall be a violation of these Rules and

Regulations.

3. The issuance of a variance shall not authorize the

establishment or extension of any use nor the construction of

any structure but shall merely authorize the filing of an

application for any permit or approval that may be required.

C. VARIANCE APPLICATION PROCEDURE

1. Variance Application Procedure - Applications for a

variance shall be submitted to the Variance Committee at the

office of the Cayuga County Health Department by certified

mail or personal delivery to the Health Department and shall

contain at least the following information:

(1) The applicant's name, address and his

interest in the subject property; or the

owner's name and address, if different from

the applicant, and the owner's signed

consent to file the application.

(2) a narrative description of the proposed use

or action together with any other pertinent

information that may be necessary to

adequately review the application.

(3) a sketch plan illustrating all proposed

site alterations, all structures existing

on site, the existing uses and zoning of

adjacent parcels, site contours and

drainage patterns.

(4) a statement articulating the hardship or

difficulty imposed by the enforcement and

administration of this Article with

specific reference to the factors listed in

this Article.

(5) A statement assessing the potential impact

on water quality or the use or activity to

be authorized by the waiver or variance.

SECTION IX. SEPTAGE

Any septage or material pumped out from a

septic tank or holding tank and discharged in

Cayuga County must be discharged to a New York

State Department of Environmental Conservation

permitted sewage treatment plant system or

plowed under and into the ground within twenty-

four hours at an approved NYS DEC site.

SECTION X. FLOOD PLAIN REQUIREMENT

The Health Department shall not issue any permits

for wastewater treatment plant systems within a

flood way or plain as designated on maps prepared by

Federal Emergency Management Agency (FEMA) and filed

with the Office of Disaster Preparedness, Cayuga

County Office Building, 160 Genesee Street, Auburn,

New York, and copies may be obtained from FEMA,

under the Federal Insurance Administration unless

the bottom of the absorption field is designed and

constructed two feet above the designated flood

elevation, except in Owasco Lake where the

designated flood elevation shall be 717.13 USGS.

SECTION XI. HOME RULE

Whenever a town, village or city enacts a local law,

or regulation and such law or regulation meets the

minimum requirements of Article V of this Code, the

municipality may do the inspections as outlined in

Article V of this Code, and submit the results to

the Health Department for compliance with this Code.

The City of Syracuse has watershed inspectors on

Skaneateles Lake Watershed and their inspections of

wastewater treatment plant systems shall be accepted

by the Health Department on the conditions that they

attend the Health Department approved course, and

meet the minimum requirements of Health Department

testing procedure.

SECTION XII. CONTROLLING ARTICLE

To the extent that the provisions of any other

previous article of this County Sanitary Code

conflict with or are less restrictive than the

provisions of this article, this article shall

control.

SECTION XIII - FEES

The following fees are required for permits,

certifications, plan review and registrations:

1. Plan Review needed to comply with

Section III, B. $75.00

2. Inspector's course fee to comply with

Section VI every two years $300.00

3. All persons or businesses shall file an

application and obtain a Business Permit for

installing, constructing, or cleaning septic

tank systems to comply with Section III-H

(annually) $100.00

4. Copies will be pursuant to rates allowed

set by Freedom of Information Law (FOIL)

and regulation

5. Discharge Permit to comply with Section

Ill-A and Section V-B $ 0.00