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HomeMy WebLinkAbout12_D_5 Suffolk County Sanitary CodeMarkedSuffolk County Sanitary Code 1 SUFFOLK COUNTY CODE CHAPTER 760 SUFFOLK COUNTY SANITARY CODE Revised November 2011       Suffolk County Sanitary Code 2 ARTICLE 1 Short Title, General Definitions, General Provisions § 760-101 Short Title § 760-102 General Definitions § 760-103 Applicability; Legal Effect § 760-104 Legal Presumptions; Evidence; Reports as Evidence § 760-105 Construction § 760-106 Separability of Provisions § 760-107 Saving Clause § 760-108 Certified Copies; Fee ARTICLE 2 The Department of Health Services Administration and Enforcement § 760-200 The Board of Health; Meetings § 760-201 The Board of Health; General Powers § 760-202 The Commissioner; General Powers § 760-203 The Commissioner; Quasi-Judicial Powers § 760-204 Inspections; in General § 760-205 Inspections; Interference § 760-206 Inspections; Taking Samples § 760-207 Notices; Postings; Destroying § 760-208 Investigations; Preliminary Hearings § 760-209 Investigations; Formal Hearings § 760-210 Investigations; Service of Notice § 760-211 Investigations; Hearings; Appearances § 760-212 Investigations; Hearings; Adjournments § 760-213 Investigations; Hearings; Subpoenas § 760-214 Investigations; Hearings; Procedure § 760-215 Investigations; Post-Hearing Procedures § 760-216 Enforcement; Seizure, Embargo, Condemnation; Disposition § 760-217 Enforcement; Violations; Criminal Penalties § 760-218 Enforcement; Violations; Civil Penalties § 760-219 Enforcement; Violations Other than by Prosecution § 760-220 Board of Review § 760-221 Department Standards § 760-222 Exchange of Information § 760-223 Prohibition Against Offers of Benefits Suffolk County Sanitary Code 3 ARTICLE 3 Permits and Licenses; General Provisions § 760-300 Permits and Licenses; Application § 760-301 Permits and Licenses; Fees § 760-302 Permits and Licenses; Posting; Expiration § 760-303 Permits and Licenses; by Municipalities § 760-304 Permits and Licenses; Not Transferable § 760-305 Permits and Licenses; Suspension and Revocation § 760-306 Permits and Licenses; Refusal to Issue § 760-307 Permits and Licenses; Denial; Suspension; Revocation; Forfeiture; Effective Date § 760-308 Permits and Licenses; Denial; Appeal § 760-309 Operating Without a Permit ARTICLE 4 Water Supply § 760-401 Declaration of Policy § 760-402 Statement of Purpose § 760-403 Definitions § 760-404 Enforcement Provisions; Powers and Duties of Commissioner § 760-405 General Provisions § 760-406 Approval of Plans and Specifications § 760-407 Realty Subdivisions and Developments; Approval of Plans § 760-408 Permit to Construct § 760-409 Approval of Completed Works § 760-410 Emergency Changes and Plans § 760-420 Standards; Quality § 760-421 Bottled and Bulk Water § 760-422 Ice; Natural and Mechanically Created § 760-423 Natural Springs § 760-430 Protection of Drinking Water Supply Sources § 760-431 Operation and Maintenance; Public Water Systems § 760-432 Operating Reports § 760-433 Conservation § 760-440 Water Treatment § 760-441 Disinfection § 760-442 Corrosion Control § 760-443 Safety Controls § 760-450 Surveillance and Monitoring § 760-451 Cross-Connection Control § 760-452 Special Provisions § 760-460 Water Treatment Plant Personnel Suffolk County Sanitary Code 4 § 760-470 Variances and Waivers § 760-471 Separability of Provisions ARTICLE 5 General Sanitation § 760-501 Offensive Material § 760-502 Sewage Disposal § 760-503 Public Toilets § 760-504 Public Health Nuisances § 760-505 Insect and Rodent Control § 760-506 Heating Standards, Utilities and Services § 760-507 Water Supply ARTICLE 6 Realty Subdivisions, Developments and Other Construction Projects § 760-601 Definitions § 760-602 Department Approval of Realty Subdivision, Development or Other Construction Project Plans § 760-603 Applications for Approval § 760-604 Filing Requirements § 760-605 Sewage Facilities Requirements for Conventional Single-Family Residential Realty Subdivisions and Developments § 760-606 Water Facilities Requirements for Conventional Single-Family Residential Realty Subdivisions and Developments § 760-607 Sewage Facilities Requirements for Construction Projects Other Than Conventional Single-Family Residential Realty Subdivision and Developments § 760-608 Water Facilities Requirements for Construction Projects Other Than Conventional Single-Family Residential Realty Subdivisions and Developments § 760-609 Variances, Waivers and Exemptions ARTICLE 7 Water Pollution Control § 760-701 Declaration of Policy § 760-702 Statement of Purpose § 760-703 Definitions § 760-704 Powers of the Commissioner § 760-705 General Restrictions and Prohibitions § 760-706 Deep Recharge Areas and Water Supply Sensitive Areas § 760-707 Permits § 760-708 Emergency Embargo; Seizure § 760-709 Monitoring and Reporting § 760-710 Requirement to Connect to Public Sanitary Sewer Suffolk County Sanitary Code 5 § 760-711 Abandonment of Disposal Systems § 760-712 Engineering Plans § 760-713 Operation, Maintenance and Repair of Sewage or Industrial Waste Treatment Facilities § 760-714 Enforcement § 760-715 Variances and Waivers § 760-716 Separability of Provisions ARTICLE 8 Communicable Disease § 760-801 Reporting of Communicable Disease by Schools § 760-802 Health Examination for Migrant Workers ARTICLE 9 Toxic and Hazardous Materials Registry § 760-901 Statement of Policy § 760-902 Scope and Application § 760-903 Definitions § 760-904 Requirements § 760-905 Timetables § 760-906 Trade Secret Claim § 760-907 Enforcement § 760-908 Omission ARTICLE 10 (Repealed 1/25/06) ARTICLE 11 Smoking Restrictions § 760-1101 Smoking in Public Places § 760-1102 Smoking in Classrooms and Lecture Halls § 760-1103 Smoking in Health-Care Facilities § 760-1104 Smoking at Public Gatherings § 760-1105 Smoking in County-Owned Facilities § 760-1106 Posting of Notice § 760-1107 Tobacco Vendor Education Certification of Tobacco Retailers § 760-1107.1 Purpose § 760-1107.2 Scope § 760-1108 Definitions § 760-1109 Registration and Certification for Retail Dealer of Cigarettes and/or Tobacco Products § 760-1110 Information Required Suffolk County Sanitary Code 6 § 760-1111 Certification Requirements; Recertification § 760-1112 Fines, Suspension, Revocation or Denial of Tobacco Vendor Education Certificate § 760-1113 Severability ARTICLE 12 Toxic and Hazardous Materials Storage and Handling Controls § 760-1201 Declaration of Policy § 760-1202 Statement of Purpose § 760-1203 Definitions § 760-1204 Powers of the Commissioner § 760-1205 Prohibited Discharges, Transporting, Disposal, Improper Storage § 760-1206 Construction and Modification Permits § 760-1207 Permits to Operate § 760-1208 Exemptions § 760-1209 Transfer of Permits Prohibited § 760-1210 Underground Storage Facilities § 760-1211 Outdoor Aboveground Storage Facilities § 760-1212 Piping, Fittings, Connections § 760-1213 Transfer of Toxic or Hazardous Materials § 760-1214 Indoor Storage Facilities § 760-1215 Portable Containers and Tanks § 760-1216 Bulk Storage of Toxic or Hazardous Materials § 760-1217 Reporting; Records; Clean-up; Maintenance § 760-1218 Confidentiality of Records § 760-1219 Posting and Labeling § 760-1220 Variances and Waivers ARTICLE 13 General Food Regulations § 760-1300 Purpose, Scope, Definitions § 760-1301 Enforcement Provisions; Powers and Duties of Commissioner § 760-1302 General Provisions § 760-1303 Permit to Operate a Food Establishment Required; Issuance, Suspension, Revocation and Closure; Hearings; Service of Notice of Order; Posting of Notice of Closure and Cessation of Food Operations; Reinstatement of Permits § 760-1304 Plan Review; Construction or Pre-Operational Inspection § 760-1305 Inspection of Food Establishments; Access; Inspection of Records; Issuance of Notices; Service of Notices § 760-1306 Food Establishments Located Outside the Jurisdiction of the Department § 760-1307 Examination and Condemnation of Food § 760-1308 Suspected Infections; Procedure Suffolk County Sanitary Code 37 ARTICLE 5 GENERAL SANITATION §760-501 Offensive Material 1. The term "offensive material" as used in this section shall mean any sewage, fecal matter, urine, garbage, or any putrescible organic matter, the contents of private or individual sewage disposal systems, either liquid or solid state, laundry waste waters, or any other substance or liquid which may affect health. 2. No person shall permit, deposit, store, or hold any offensive material on any premises or place unless such material is so treated, screened, covered, placed or located so as not to create a public health nuisance. No person shall discharge or place any offensive material into any of the waters of the health district without special permission from the Commissioner, or unless a permit is issued for such discharge in accordance with provisions of the New York State Environmental Conservation Law. 3. All containers for the storage of offensive material shall completely confine the material, shall be rodent and insect proof, and shall be kept in an inoffensive and sanitary condition at all times. 4. No person shall remove or transport, or permit the removal or transportation of any offensive material except in such manner as will prevent the creation of a public health nuisance, or the loss or discharge of material in any place. All such material shall be so handled, covered, or treated that it cannot escape or be accessible to rodents, flies or other insects, or create a public health nuisance. All vehicles and implements used in connection therewith shall be kept in a sanitary condition. 5. No person, excepting a municipality, shall engage in the business of removing, collecting, transporting, disposing of offensive material, or cleaning or reconditioning private or individual sewage disposal systems by the addition of chemicals or otherwise within the health district without a permit therefore issued by the Commissioner. 6. As a condition to issuing any permit under this Article, the Commissioner may require the filing of reports of actions subsequently taken by the permittee pursuant thereto. 7. The Commissioner may promulgate standards and establish guidelines for determining under what circumstances additives may be introduced into private or individual sewage disposal systems to clean or recondition them. 8. Any person to whom a permit is issued under this Article shall keep and maintain and make available for inspection by the Commissioner, on demand, such records as may reasonably be required of him by the Commissioner. Authority is hereby delegated to the Commissioner to require of permittees by directive the keeping of such records as the Commissioner shall deem necessary for the proper discharge of his responsibilities. §760-502 Sewage Disposal 1. No person, either as owner, lessee or tenant of any property, dwelling, building, or place shall construct or maintain any private or individual sewage disposal system, pipe, or drain so as to expose or discharge the sewage contents or any other deleterious liquid or matter therefrom Suffolk County Sanitary Code 38 onto the surface of the ground, or expose to the atmosphere nor so to endanger any source or supply of drinking water. 2. No person shall discharge any sewage into any waters of the health district unless a permit therefore has been issued by the Commissioner or unless a permit is issued under the provisions of the New York State Environmental Conservation Law for such discharge. 3. No person shall undertake to construct, operate, or provide a system or facilities for the private or individual disposal of waterborne sewage, domestic or industrial or trade wastes to serve any building, dwelling, school, institution, or any other premises from which such wastes may be discharged, unless such construction conforms to standards approved by the Commissioner or a permit is issued for such system under the provisions of the New York State Environmental Conservation Law. The Commissioner may require the submission of plans and any other information necessary to insure that such systems conform to approved standards. 4. a. No person shall construct or permit to be constructed on any premises any private or individual sewage disposal system where an approved public sanitary sewer is available and accessible. b. Sewage from any building or premises shall be discharged directly into a municipal sewage disposal system, if available and accessible. c. If there is no municipal sewage disposal system or facility connecting therewith available and accessible, sewage from any building or premises shall be discharged directly into a privately-owned community sewage disposal system or a facility connecting with a privately-owned community sewage disposal system, if available and accessible. d. If there is no municipal or privately-owned community sewage disposal system or facility connecting therewith available and accessible, an individual sewage disposal system approved by the Department as hereinafter provided may be used. e. In the event that a municipal or communal sewage disposal system or facility connecting therewith becomes available and accessible, any building or premises shall be connected to such municipal or privately-owned community sewage disposal system, and immediately thereafter the use of any other sewage disposal system or facility shall be discontinued. f. At the time of connection of an industrial, non-residential institutional, non-residential commercial or trade building to a municipal or communal sewage disposal system, all other points of liquid discharges except uncontaminated stormwater runoff and non-contact cooling water shall be discontinued and the discharge pipes permanently removed or sealed. All cesspools, septic tanks, dry wells and other drainage facilities for any liquid discharges other than stormwater runoff or non-contact cooling water shall be pumped dry of any liquid, cleaned of any accumulated sludge and filled in to grade with clean soil. Any industrial or domestic sludge or liquid waste resulting from such cleaning shall be removed by a properly licensed industrial or domestic waste hauler. Any pre-treatment necessary to render a liquid waste acceptable to the municipal or communal sewage disposal system shall be provided prior to discharge to the sewer. No discharges to or into the ground shall be allowed when sewer service is available except for stormwater runoff and non-contact cooling water. Suffolk County Sanitary Code 39 5. Variances and Waivers. The Commissioner of the Department of Health Services, in his discretion, and upon recommendation of the Board of Review, may grant or deny a variance or waiver from this section after an application requesting such relief is made and supporting evidence has been presented to the Board of Review. The Commissioner may grant an application only if the variance or waiver will be in harmony with the general purpose and intent of this section to protect groundwater, surface water and drinking water supplies and public health, safety and welfare. The determination whether the variance or waiver should be granted shall be made pursuant to the criteria and conditions in §760-609 of this Code. §760-503 Public Toilets Every person who shall provide a toilet for the use of employees, patrons or members or available to the public, shall maintain such toilet in a clean, well-lighted, ventilated and sanitary condition at all times. The floor of such toilet shall be impervious to moisture and properly drained. An adequate supply of soap and sanitary individual towels or their equivalents shall be provided, and there shall be running water available at all times. The owner of a building or dwelling, or his agent in charge thereof, wherein two or more tenants have common use of the toilet shall be responsible for the maintenance of such toilet so that it is kept in repair and in a clean and sanitary condition at all times. §760-504 Public Health Nuisances Whenever any establishment, building, premises or place becomes or is maintained or operated in such a manner so as to constitute a nuisance which in the opinion of the Commissioner may affect health or is the cause of such nuisances existing elsewhere, the Commissioner shall cause an investigation to be made, and after a hearing if, in his opinion, such nuisance requires abatement, the Commissioner may order its abatement. Failure to comply with such order shall be deemed a violation of the Sanitary Code. §760-505 Insect and Rodent Control 1. Every occupant of a dwelling or dwelling unit shall store and dispose of rubbish, boxes, lumber, scrap metal, or any other materials in such a manner as to prevent rodent harborage in or about any dwelling or dwelling unit. Such material shall be stacked in piles elevated to a level of at least eight inches off the ground and in a manner to permit effective cleaning. 2. Any person feeding animals in the open shall feed them in a suitable container. Such container shall prevent access by rodents, animal species identified as rabies carriers, vermin and other pests. 3. All approved means necessary or required shall be taken to eliminate flies, insects, rodents or other vermin from any habitable building or grounds and to prevent the breeding or harboring of such vermin on the premises. Approved means shall include, but not be limited to, removal of stagnant water, prevention of food sources, and elimination of breeding sites. §760-506 Heating Standards, Utilities and Services 1. No person as owner or occupant shall let to another or permit another to occupy a dwelling or dwelling unit which does not comply with the following requirements. a. Heating Facilities. Every dwelling shall have heating facilities which are properly installed, and are maintained in safe and good working conditions, and are capable of safely and Suffolk County Sanitary Code 40 adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit as noted in b. below. b. Minimum Temperature. During the months between October first and May thirty-first, the minimum temperature to be provided shall be sixty-eight degrees Fahrenheit whenever the outdoor temperature falls below fifty-five degrees; provided, however, that the Multiple Residence Law shall govern, where applicable. 2. No owner, operator or occupant shall cause or be responsible for the discontinuance of heat, water, or electric service to any occupied dwelling or dwelling unit; provided, however, that temporary interruption may be necessary and permissible while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service is not reasonably avoidable or is approved by the Commissioner. §760-507 Water Supply No person, nor any business entity of any type, nor any combination thereof, as landlord, lessor, licensor or owner, shall rent, lease, license or otherwise allow the use and occupancy of residential premises or dwelling units or premises used for residential purposes served by an on-site drinking water supply well where the water quality exceeds the maximum contaminant levels prescribed in Subpart 5-1 of the New York State Sanitary Code (Adopted 9/3/1975; Amended 12/2/1981, 4/9/1986, 2/4/1995, 2/9/2000) Suffolk County Sanitary Code 41 ARTICLE 6 REALTY SUBDIVISIONS, DEVELOPMENTS AND OTHER CONSTRUCTION PROJECTS §760-601 Definitions As used in this Code, unless the context otherwise requires: A. Clustered Realty Subdivision means a realty subdivision consisting of one or more relatively undersized parcels, which is designed in such a manner so as to allow a substantial unimproved portion of the tract to stand open and uninhabited. B. Commercial or Industrial Center means a realty subdivision or development to be used for non-residential purposes. C. Community Sewerage System means a system utilized for the collection and disposal of sewage or other waste of a liquid nature, including the various devices for the treatment of such wastes, serving more than one parcel, whether owned by a municipal corporation, private utility, or otherwise. D. Community Water System means a source of water and necessary appurtenances together with a distribution system serving more than one parcel, whether owned by a municipal corporation, private utility, or otherwise. E. Department means the Suffolk County Department of Health Services. F. Developer means any person or group of persons, or any legally cognizable entity or entities or any combination of the foregoing, who: 1. is undertaking or participating in the establishment of a realty subdivision or other construction project: a. either individually, or b. pursuant to a common scheme, plan or venture, or 2. owns, acquires, possesses, controls or creates a development or other construction project. G. Development means two, three or four contiguous parcels located wholly or partially within the County of Suffolk, or any tract of land located wholly or partially within the County of Suffolk which has, is or will be divided into two, three, or four identifiable parcels. H. Development Rights shall be defined in the same way as under Section 261-a(1) of the Town Law (McKinney's, 1995). I. Groundwater Management Zone means any of the areas delineated in Suffolk County by the "Long Island Comprehensive Waste Treatment Management Plan (L.I. 208 Study)," as revised by the "Long Island Groundwater Management Plan," and subsequent revisions adopted by the Board identifying differences in regional hydrogeologic and groundwater quality conditions. The boundaries of the Groundwater Management Zones are set forth on a map adopted by the Board, filed in the Office of the Commissioner in Hauppauge, New York. Suffolk County Sanitary Code 42 J. Individual Sewerage System means a single system of piping, tanks, or other facilities serving only a single parcel and disposing of sewage or other liquid waste into the soil of such parcel. K. Individual Water Supply System means a single system of piping, tanks, or other facilities together with a source of water intended to supply only a single parcel. L. Multi-Family Housing means dwelling units designed for occupancy by more than two separate family units. M. Non-Residential Parcel means any parcel that is not a residential parcel. N. Other Construction Project means other than a conventional single-family residential subdivision or development; including, but not limited to cluster subdivisions, condominiums, two-family residences, multi-family housing, commercial or industrial centers and projects, whether or not there is a split of land involved. O. Population Density Equivalent means an expression of the quantity of domestic sewage in terms of the calculated population per unit area which would normally contribute the same amount of sewage. P. Realty Subdivision means a realty subdivision as defined in Section 1115 of the Public Health Law of the State of New York and Section 17-1501 of the Environmental Conservation Law as such statutes may be amended from time to time. Q. Residential Parcel means any parcel of land of five (5) acres or less located wholly or partially in the County of Suffolk, any point on the boundary line of which is less than one-half mile from any point on the boundary line of another such lot in the same tract, unless any such lot may not legally be used for residential purposes. Without limiting the generality of the foregoing, the term residential shall include temporary, seasonal and permanent residential use. R. Sewage Collection and Treatment Systems means the structures, devices and processes installed for the purposes of collecting, treating and disposing sewage and sludge. S. Subsurface Sewage Disposal System means the septic tank and leaching pools and interconnecting piping. T. Tract means any real property, including contiguous parcels of land, which is held, owned, controlled or possessed, either singularly, jointly, commonly or otherwise, by a person or group of persons, or any legally cognizable entity or entities, or any combination of the foregoing, who are acting with reference to such body of land in concert or as part of a common scheme, plan or venture. U. Transfer of Development Rights means the process by which development rights are transferred from one lot, parcel or area of land to another designated lot, parcel or area where increased density development is permitted by the Suffolk County Sanitary Code. V. Two-Family Residence means a dwelling unit designed for occupancy by two separate family units. Suffolk County Sanitary Code 43 §760-602 Department Approval of Realty Subdivision, Development, or Other Construction Project Plans A. No developer shall after the effective date of this Article: 1. engage in the creation of a realty subdivision, or sell, rent, offer for sale or lease any parcel in a realty subdivision unless Department approval has been obtained of the existing or proposed water supply and sewage disposal facilities in the subdivision; 2. engage in the creation of a development, or lease, rent, give, devise, or otherwise dispose of any parcel in a development, or erect or cause to be erected any permanent building on any parcel in the development unless Department approval has been obtained for the existing or proposed water supply and sewage disposal facilities in the development; 3. engage in the creation of a construction project, or erect or cause to be erected any permanent building unless Department approval has been obtained for the existing or proposed water supply and sewage disposal facilities. B. A tract of land which is divided shall constitute a development or realty subdivision notwithstanding: 1. the method or purpose of such division, or the allowable types of use applicable to such tract, whether commercial, residential, industrial, or other authorized use under local ordinances; 2. the method used to describe such tract whether by metes and bounds, or by reference to a map of the property, or otherwise. §760-603 Applications for Approval A. Applications for Department approval of existing and/or proposed water supply and sewage disposal facilities, as required by §760-602 above, shall: 1. conform with the standards and regulations prescribed in this Code; and 2. conform with all other Department bulletins, regulations, and requirements; and 3. be made on forms provided by the Department; and 4. are accompanied by such maps, plans, reports, specifications, and data as the Department may require or direct. B. Plans other than those for community water and/or sewerage systems shall indicate water and/or sewerage systems located upon each parcel. C. Plans other than those for community water and/or sewerage systems shall not propose to furnish water to more than one parcel and/or dispose of sewage from more than one parcel. D. Where the developer proposes to obtain and furnish water supply and/or sewerage facilities for a realty subdivision, development, or other construction project by connection to an existing community water and/or sewerage system, the developer shall supply the Department with a certification in writing by the owner of the utility that such facilities will be furnished and kept Suffolk County Sanitary Code 44 available in good operating condition for the realty subdivision, development, or other construction project. E. The Department, in its discretion, may require the developer to furnish a performance bond to the owner of such utility conditioned upon the developer's making connection to the utility within a specified reasonable period of time. §760-604 Filing Requirements Every developer who obtains Department approval of a realty subdivision or development, as required by §760-602, shall thereafter file a map of such realty subdivision or development, bearing the stamp of approval of the Department, in the Office of the Clerk of the County of Suffolk within one (1) year of the date of approval of the Department. §760-605 Sewage Facilities Requirements for Conventional Single-Family Residential Realty Subdivisions and Developments A. A community sewage system method of sewage disposal is required when any of the following conditions are present: 1. the realty subdivision or development, or any portion thereof, is located within an existing sewer district; a. This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation and/or connection of the sewerage system to the existing sewer district. 2. the realty subdivision or development is located in an area where the subsoil or groundwater conditions are not conducive to the proper functioning of individual sewerage systems; 3. the realty subdivision or development is located outside of Groundwater Management Zones III, V and VI, and any parcel in the realty subdivision or development is less than 20,000 square feet in area, unless the realty subdivision or development meets the population density equivalent requirements of paragraph B.1 of this section; or 4. the realty subdivision or development is located within Groundwater Management Zones III, V or VI, and any parcel in the realty subdivision or development is less than 40,000 square feet in area, unless the realty subdivision or development meets the population density equivalent requirements of paragraph B.2 of this section. B. Individual sewerage systems may be approved by the Department as to the method of sewage disposal provided all of the following conditions are met: 1. the realty subdivision or development is located outside of Groundwater Management Zones III, V and VI, and all parcels of the realty subdivision or development consist of an area of at least 20,000 square feet; or the realty subdivision or development has a population density equivalent equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet; 2. the realty subdivision or development is located within Groundwater Management Zones III, V or VI, and all parcels in the realty subdivision or development consist of an area of at least Suffolk County Sanitary Code 45 40,000 square feet; or the realty subdivision or development has a population density equivalent equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet; 3. the realty subdivision or development, or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual sewerage systems; and 4. the individual sewerage systems comply with the Department’s current Standards and the minimum State requirements as set forth in 10 NYCRR, Part 75, to the extent applicable to Suffolk County; and 5. the requirements of §760-606 hereof are complied with. C. Parcels in realty subdivisions or developments of less than 40,000 square feet in area within Groundwater Management Zones III, V or VI may be permitted using transfer of development rights in conformance with standards established by the Department. D. Parcels in realty subdivisions or developments of less than 20,000 square feet in area within Groundwater Management Zones I, II, IV, VII or VIII may be permitted using transfer of development rights in conformance with standards established by the Department. §760-606 Water Facilities Requirements for Conventional Single-Family Residential Realty Subdivisions and Developments A. A community water system method of water supply is required when any of the following conditions are present: 1. the realty subdivision or development, or any portion thereof, is located within an existing water district or service area; or 2. the realty subdivision or development is reasonably accessible to an existing water district or service area; or a. This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation and/or connection of the water system to the existing water district or service area facilities. 3. individual wells cannot provide an average yield of five (5) gallons per minute of fresh, potable water; or 4. groundwaters in the area are non-potable, or potentially hazardous; or 5. any parcel in the realty subdivision or development is less than 40,000 square feet in area. B. The following are minimum requirements for community water systems: 1. Community water systems shall be capable of delivering water at an average rate of 100 gal/capita/day when service connections are unmetered, or 75 gal/capita/day when service connections are metered. Suffolk County Sanitary Code 46 2. Community water systems shall be designed to deliver water meeting the quality requirements of the New York State Sanitary Code. 3. Community water systems shall provide for continuity of water service to the satisfaction of the Commissioner. 4. The community water supply system shall have at least two (2) separate wells as a source of supply. 5. Community water systems shall have at least one day's available storage at design average consumption. 6. The relevant provisions of Part 5 of the New York State Sanitary Code and Bulletin 42 of the New York State Department of Health entitled "Recommended Standards for Water Works" will be the basis upon which all plans, specifications and reports for community water systems will be reviewed for approval by the Department. C. Individual water supply systems may be approved by the Department as the method of water supply for a realty subdivision or development, provided all of the following conditions are met: 1. all parcels in the realty subdivision or development consist of an area of at least 40,000 square feet; and 2. the realty subdivision or development, or any portion thereof, is not located within an existing water district or service area and is not reasonably accessible thereto, and individual wells can provide an average yield of five (5) gallons per minute of fresh potable water; and 3. the individual water supply systems comply with the Department's current Standards and the minimum State requirements as set forth in 10 NYCRR, Part 75, to the extent applicable to Suffolk County. §760-607 Sewage Facilities Requirements for Construction Projects Other Than Conventional Single-Family Residential Realty Subdivisions and Developments A. A community sewerage system method of sewage disposal is required for other construction projects when any of the following conditions are present: 1. the construction project is located within Groundwater Management Zones III, V or VI, and the population density equivalent is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet; 2. the construction project is located outside of Groundwater Management Zones III, V and VI, and the population density equivalent is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet; 3. the construction project, or any portion thereof, is located within an existing sewer district; Suffolk County Sanitary Code 47 a. This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation of the sewerage system to the existing sewer district. 4. the construction project is located in an area where the subsoil or groundwater conditions are not conducive to the proper functioning of individual or subsurface sewerage systems. B. Individual or subsurface sewerage systems may be approved by the Department as to the method of sewage disposal for a construction project provided all of the following conditions are met: 1. the construction project is located within Groundwater Management Zones III, V or VI, and the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet; 2. the construction project is located outside of Groundwater Management Zones III, V and VI, and the population density equivalent is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet; 3. the construction project, or any portion thereof, is not located within an existing sewer district and is located in an area where subsoil and groundwater conditions are conducive to the proper functioning of individual or subsurface sewerage systems; and 4. the individual sewerage or subsurface systems comply with the Department's current Standards and the minimum State requirements as set forth in 10NYCRR, Part 75, to the extent applicable to Suffolk County. C. Modified subsurface sewage disposal (denitrification) systems may be approved by the Department as a method of sewage disposal for a construction project, provided all of the following conditions are met: 1. the construction project is located either: a. within Groundwater Management Zones III, V, or VI, and the population density equivalent is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet; or b. outside of Groundwater Management Zones III, V, or VI, and the population density equivalent is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 20,000 square feet; and 2. the construction project, or any portion thereof, is not located within an existing sewer district, or does not have the ability to connect to an existing sewer district as shown by proof satisfactory to the Department that the developer cannot effect arrangements for the connection of the project to the existing sewer district; and 3. the subsoil and groundwater conditions are conducive to the proper functioning of a modified subsurface sewage disposal system; and Suffolk County Sanitary Code 48 4. the construction project is on a single parcel that is provided with a community water supply, which parcel is not part of a subdivision or development that is proposed or has already been approved by the Department; and 5. the modified subsurface sewage disposal system is capable of producing a discharge of no more than 10 mg/l total nitrogen in the effluent stream where the total design sewage flow for the parcel (kitchen and sanitary) does not exceed 15,000 gallons per day; and 6. if an application for approval is received by the Department after February 9, 1989, two irrevocable letters of credit are issued by a bank located in New York to the Department in accordance with the following conditions: a. the total amount of the two letters of credit shall equal the estimated cost of the modified subsurface sewage disposal system (the "system"), as certified by the professional engineer who designed the system and accepted by the Department as a reasonable estimated cost (the "estimated cost"); and b. the first letter of credit shall be in an amount equal to 65% of said estimated cost and shall be known as the "construction letter of credit"; and c. the second letter of credit shall be in an amount equal to 35% of said estimated cost and shall be known as the "second construction letter of credit" until the final modified subsurface sewage disposal system is approved by the Department, and thereafter shall be converted to and be known as the "modification letter of credit"; and d. the construction letter of credit and the second construction letter of credit shall be callable by the Department simultaneously upon terms and conditions to be satisfactory to the Department to assure that the system is properly constructed; and e. if the construction letter of credit and the second construction letter of credit are called by the Department, the proceeds thereof shall be held by the Department and shall not be released until the system is completed and is approved by the Department (except nothing contained herein shall prevent application of the proceeds by the Department for a lawful purpose requested by the Department and authorized by a court of law); and f. the construction letter of credit shall be released only upon approval by the Department of the completed system and proof satisfactory to the Department that the second letter of credit has been converted to a modification letter of credit; and g. the modification letter of credit shall serve as security to assure that any required modification of the installed system is achieved, and said letter of credit shall be released only upon a showing certified by a professional engineer, and accompanied by findings of a certified testing laboratory reasonably consistent with any independent findings of the Department, that, for a period of three consecutive months, the monthly average effluent total nitrogen, based on no fewer than bi-weekly samples, did not exceed 10 mg/l, and building occupancy averaged over three months was not less than 80% of floor space, and actual flow was not less than 50% of design flow; and Suffolk County Sanitary Code 49 7. a one-time non-refundable payment equal to $1.00 per gallon of total daily design sewage flow (kitchen and sanitary) is deposited into an interest-bearing account maintained by the Department, which monies are to be used by the Department exclusively for the following purposes: a. to undertake all necessary environmental review of a proposed permanent amendment to the Code which, if adopted, will give express authorization to the Department to approve modified subsurface sewage disposal systems, which review is necessitated by the Board's positive declaration pursuant to the State Environmental Quality Review Act on January 17, 1989 (Upon completion of the environmental review process and payment of all costs associated therewith, the above one-time non-refundable payment shall be reduced to $0.50 per gallon of total daily design sewage flow [kitchen and sanitary] for all applications pending or received after the reduction to $0.50.); and b. to provide maintenance, sampling, and analysis of samples required by applicable Standards or permits at facilities in Suffolk County serviced by a modified subsurface sewage disposal system, where, despite written notice to the owner and/or operator of the facility from the Commissioner that said maintenance, sampling, or analysis must be performed by a specified date, the owner and/or operator of the facility fails to comply (Owners or operators of facilities with modified subsurface sewage disposal systems that exist as of the effective date of this provision shall pay the sum required by this subdivision upon renewal of the State Pollutant Discharge Elimination System Permit for the facility); and 8. the construction project provides for an unpaved and uncovered area for expansion of the modified subsurface sewage disposal system that, at the option of the applicant, is either equal in size to 150% of the area of the installed modified subsurface sewage disposal system or is sufficient to allow for the installation of a sewage treatment plant in the event that the modified subsurface sewage disposal system fails to meet the requirements of its SPDES permit (This requirement is applicable to all applications received after February 9, 1989; applications pending as of February 9, 1989 must provide for an unpaved and uncovered area for expansion of the modified subsurface sewage disposal system that is equal in size to 50% of the area of the installed modified subsurface sewage disposal system.); and 9. the modified subsurface sewage disposal system complies with the Department's current Standards and the minimum State requirements as set forth in 10NYCRR, Part 75, to the extent applicable to Suffolk County. D. Enforcement of Directives issued by the Commissioner pursuant to §760-607.C.7. Whenever the owner or operator of a modified subsurface sewage disposal system fails to comply with a written directive issued by the Commissioner pursuant to §760-607.C.7 to provide any maintenance, sampling, or analysis required by applicable standards or permits, the Commissioner may provide said maintenance, sampling or analysis with funds contained in the interest-bearing account described in §760-607.C.7, and may thereafter bring a civil action to recover said sums expended plus interest from the owner and/or operator of the facility where the modified subsurface sewage disposal system is located. Suffolk County Sanitary Code 50 1. The obligation imposed upon the owner and/or operator of a facility with a modified subsurface sewage disposal system by any applicable Standard or permit to provide maintenance, and to take and analyze samples, is a continuing obligation. 2. Nothing contained herein shall be construed to require the Commissioner or the Department to provide maintenance, sampling, or analysis of any system, and the failure of the owner or operator to comply with the requirements of applicable Standards or permits with regard to maintenance, sampling, or analysis shall subject the owner and/or operator of the facility to civil penalties pursuant to §760-218.2 of this Code for each day the required maintenance, sampling, or analysis is not performed, and may further subject the owner and/or operator of the facility to any other civil penalty provided for in any applicable code, statute, or regulation. E. Construction projects within Groundwater Managements Zones III, V or VI may have a population density equivalent to a single-family residential subdivision or development with parcels less than 40,000 square feet in area using transfer of development rights in conformance with standards established by the Department. F. Construction projects within Groundwater Management Zones I, II, IV, VII or VIII may have a population density equivalent to a single-family residential subdivision or development with parcels less than 20,000 square feet in area using transfer of development rights in conformance with standards established by the Department. §760-608 Water Facilities Requirements for Construction Projects Other than Conventional Single-Family Residential Realty Subdivisions and Developments A. A community water system method of water supply is required when any of the following conditions are present: 1. the construction project, or any portion thereof, is located within an existing water district or service area; or 2. the construction project is reasonably accessible to an existing water district or service area; or a. This requirement shall apply in the absence of proof satisfactory to the Department that the developer cannot effect arrangements for the installation and/or connection of the water system to the existing water district or service area facilities. 3. individual wells cannot provide sufficient yield of freshwater meeting Department requirements or standards; or 4. groundwaters in the area are non-potable, or potentially hazardous; or 5. the construction project has a population density equivalent that is greater than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet, or any residential parcel that has an area of less than 20,000 square feet. Suffolk County Sanitary Code 51 B. The following are minimum requirements for community water systems: 1. Community water systems shall be capable of delivering water at an average rate of 100 gal/capita/day when service connections are unmetered, or 75 gal/capita/day when service connections are metered. 2. Community water systems shall be designed to deliver water meeting the quality requirements of the New York State Sanitary Code. 3. Community water systems shall provide for continuity of water service to the satisfaction of the Commissioner. 4. The community water supply system shall have at least two (2) separate wells as a source of supply. 5. Community water systems shall have at least one day's average storage at design average consumption. 6. The relevant provisions of Part 5 of the New York State Sanitary Code and Bulletin 42 of the New York State Department of Health entitled "Recommended Standards for Water Works" will be the basis upon which all plans, specifications, and reports for community water systems will be reviewed for approval by the Department. C. Individual water supply systems may be approved by the Department as the method of water supply for a construction project, provided all of the following conditions are met: 1. the population density equivalent of the construction project is equal to or less than that of a realty subdivision or development of single-family residences in which all parcels consist of an area of at least 40,000 square feet, and all residential parcels consist of an area of at least 20,000 square feet each; and 2. the construction project, or any portion thereof, is not located within an existing water district or service area and is not reasonably accessible thereto, and individual wells can provide sufficient yield of fresh, potable water meeting Department requirements and standards; and 3. the individual water supply systems comply with the Department's current standards and the minimum requirements of the New York State Sanitary Code. §760-609 Variances, Waivers and Exemptions A. Variances and Waivers. The Commissioner of the Department of Health Services, in his discretion, and upon recommendation of the Board of Review, may grant or deny a variance or waiver from the specific sections of this Article after an application requesting such relief is made and supporting evidence has been presented to the Board of Review. The Commissioner may grant an application only if the variance or waiver will be in harmony with the general purpose and intent of this Article to protect groundwater, drinking water supplies, surface water and other natural resources, and public health, safety and welfare. Suffolk County Sanitary Code 52 1. The determination whether the variance or waiver will be in harmony with the general purpose and intent of this Article shall be made upon findings relating to the following criteria: a. Whether the use is in general conformity with this Article; b. Whether the uses of groundwater, surface water, and drinking water supplies will be impaired, taking into account the direction of groundwater flow; c. Whether the application of the proposed variance or waiver to other parcels within the same groundwater management zone will unreasonably impair groundwater, surface water, and drinking water supplies; d. Whether the application conforms to a comprehensive groundwater management plan; e. Whether granting the proposed variance or waiver will adversely affect the design of an adequate on-site water supply and/or sewage disposal system, taking into account soil conditions, depth to groundwater, direction of groundwater flow, and site-specific physical conditions; f. Whether the amount of sewage flow from the project based upon sewage flow design criteria will adversely affect groundwater, surface water and drinking water supplies; g. Whether the application can be modified so that the project will not violate the Sanitary Code; h. Whether an application for a variance or waiver to another municipal entity would obviate the need for consideration of the application before the Board, and if it would, whether such application has been made and ruled upon; i. Any other factor which the Review Board in its discretion deems necessary to consider in order to determine whether the granting of a variance or waiver will be in harmony with the general purpose and intent of this Article, provided that the applicant is given notice of the additional factors and reasonable opportunity to present evidence to the Board with regard thereto. 2. Economic injury alone cannot provide the basis for a variance or waiver from this Article. 3. In all proceedings before the Board of Review, the burden of proof of demonstrating that a variance or waiver should be granted shall be on the applicant. B. Exemptions. Requirements of this Article shall not apply to: 1. realty subdivisions which have previously been approved by the New York State Department of Health, and have been filed in the Office of the Clerk of the County of Suffolk; 2. developments or other construction projects which have previously been approved by the Department; Suffolk County Sanitary Code 53 3. developments or other construction projects, other than realty subdivisions, which have been approved by a town or village planning or zoning board of appeals prior to January 1, 1981, and which met the requirements of the Department in effect at that time; 4. density requirements for one-family residences on parcels which appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, which presently constitutes a build able parcel under applicable municipal zoning ordinances and which met the Department requirements in effect on January 1, 1981. No automatic waiver of these requirements of this Article shall be granted where five (5) or more of such parcels are owned by a developer. (Adopted 11/19/1980; Amended 4/15/1981, 6/3/1981, 6/24/1981, 1/12/1983, 4/9/1986, 6/25/1986, 1/14/1987, 3/4/1987, 3/8/1989, 5/24/1989, 1/24/1990, 9/30/1992, 6/28/1995) lst: 7/1/96 Suffolk County Sanitary Code 54 ARTICLE 7 WATER POLLUTION CONTROL §760-701 Declaration of Policy The designated best use of all groundwaters of Suffolk County is for public and private water supply, and of most surface waters for food production, bathing and recreation. The federal government has officially designated the aquifer below Suffolk County as a sole-source for water supply. Therefore, it is hereby declared to be the policy of the County of Suffolk to maintain its water resources as near to their natural condition of purity as reasonably possible for the safeguarding of the public health and, to that end, to require the use of all available practical methods of preventing and controlling water pollution from sewage, industrial and other wastes, toxic or hazardous materials, and stormwater runoff. §760-702 Statement of Purpose It is the intent and purpose of this Article to safeguard all the water resources of the County of Suffolk, especially in deep recharge areas and water supply sensitive areas, from discharges of sewage, industrial and other wastes, toxic or hazardous materials and stormwater runoff by preventing and controlling such sources in existence when this Article is enacted and also by preventing further pollution from new sources under a program which is consistent with the above-stated Declaration of Policy. §760-703 Definitions Whenever used in this Article, unless otherwise expressly stated, or unless the context or subject matter requires a different meaning, the following terms shall have the respective meanings set forth or indicated. A. Board means the Suffolk County Board of Health. B. Commissioner means the Commissioner of the Suffolk County Department of Health Services. C. Communal Sewage System means a series of sanitary intercepting sewers or intercepting collecting sewers, pumping stations, sewage treatment plants, and associated pollution control facilities for the conveyance, treatment, and disposal of sewage operated by a person other than a municipality. D. Deep Recharge Area means a geographic area of Suffolk County that contributes recharge water to a deep groundwater flow system, thus replenishing the quantity and affecting the quality of the long-term water supply. These areas are identified as Groundwater Management Zones I, II, III and V. E. Department means the Suffolk County Department of Health Services. F. Discharge means to release by any means or to relinquish control in a manner that could result in a release to the surface waters, groundwaters, surface of the ground, or below ground. G. Disposal System means any plumbing or conveyances which result in or are capable of resulting in a discharge of sewage, industrial wastes, toxic or hazardous materials, stormwater runoff, Suffolk County Sanitary Code 55 cooling water or other wastes. This includes but is not limited to septic tanks, leaching pools, sumps, tile fields, holding tanks, outfalls and connecting piping. H. Groundwater Management Zone means any of the areas delineated in Suffolk County by the "Long Island Comprehensive Waste Treatment Management Plan (L.I. 208 Study)," as revised by the "Long Island Groundwater Management Plan," and subsequent revisions adopted by the Board identifying differences in regional hydrogeologic and groundwater quality conditions. The boundaries of the Groundwater Management Zones are set forth on a map adopted by the Board, filed in the Office of the Commissioner in Hauppauge, New York. I. Housebarge means the same as Houseboat except that a housebarge has no self-contained mechanical method of propulsion. J. Houseboat means a floating structure used as a dwelling with a self-contained mechanical method of propulsion, not primarily designed to be a means of locomotion over water. The design criteria shall be generally accepted standards of naval architecture. K. Industrial Waste means any liquid, gaseous, or solid waste substance or a combination thereof resulting from any operation or process of industry, manufacturing, trade or business or from the development or recovery of any natural resources, which may cause or might reasonably be expected to cause pollution of the water resources of the County of Suffolk in contravention of the requirements of this Article. L. Municipal Sewage System means the series of sanitary intercepting sewers or intercepting collecting sewers, pumping stations, sewage treatment plants, or pollution control facilities, drains and other facilities, connections and equipment or any combination of the aforementioned, for the conveyance, treatment and disposal of sewage operated by the County of Suffolk or a municipality within the County of Suffolk. M. Offensive Material means any sewage or non-sewage fecal matter, urine, garbage, waste, or any putrescible organic matter, scavenger waste, the contents of private or individual sewage disposal systems, either liquid or solid, or other substances or liquid which may adversely affect health. N. Other Wastes means refuse, spillage and the leaching from these materials, oil, tar, acids, chemicals, and all other discarded matter which may reasonably be expected to cause pollution of the waters of the County of Suffolk. O. Private or Individual Sewage Disposal System means a water-flush facility for the disposal of sewage which does not connect either with a municipal or communal sewage system. This includes, but is not limited to, septic tanks, leaching pools and tile fields. P. Restricted Toxic or Hazardous Materials shall mean the following toxic or hazardous chemicals that have been or could be expected to be detected in the groundwater, or in discharges to the groundwater, of Suffolk County. This definition applies to these substances alone or in combination, solution or mixture with other substances, or chemically compounded with other elements or compounds. Suffolk County Sanitary Code 56 Arsenic 1,1 Dichloroethane Roadway Deicing Salt Barium 1,2 Dichloroethane Silver Benzene 1,1 Dichloroethylene Styrene Bromobenzene 1,2 Dichloropropane Tetrachloroethylene Bromodichloromethane p-Diethylbenzene 1,2,4,Tetramethylbenzene Bromoform Ethylbenzene Toluene Cadmium p-Ethyltoluene 1,2,3 Trichlorobenzene Carbon Tetrachloride Fluoride 1,2,4 Trichlorobenzene Chlorobenzene Freon 113 1,1,1 Trichloroethane Chlorodibromomethane Lead 1,1,2 Trichloroethane Chloroform Mercury 1,1,2 Trichloroethylene Chlorotoluene Methylene Chloride 1,2,3 Trichloropropane Chromium Nickel 1,2,4 Trimethylbenzene Cis 1,2 Dichloroethylene Pesticides 1,3,5 Trimethylbenzene Creosotes Petroleum Distillates Vinyl Chloride Cyanide Phenols Xylenes Dichlorobenzene Phthalates All other halogenated hydrocarbon compounds. Q. Sewage means the water-carried human or animal wastes from residences, buildings, industrial establishments or other places, together with such groundwater infiltration and surface water as may be present. A mixture of sewage as herein defined and industrial wastes or other wastes as defined above may be considered industrial wastes or commingling within the meaning of this Article. R. Stormwater Runoff means the portion of total precipitation that travels over natural and developed land surfaces (e.g., woodlands, lawns, farms, gardens, roofs, driveways, parking lots, roads, etc.) transporting contaminants that may be present. S. Temporary Disposal System means a system for the disposal of sewage where such system is intended for use for a specified period of time prior to completion of the construction of an approved sewage treatment and disposal system. T. Toxic or Hazardous Materials shall mean the same as defined in Article 12 of this Code. U. Toxic or Hazardous Wastes shall mean the same as defined in Article 12 of this Code. V. Treatment System means a system designed to reduce or alter the contaminant content of sewage or industrial waste for the purpose of permitting the discharge of some portion of said waste. W. Water Supply Sensitive Areas means: 1. A groundwater area separated from a larger regional groundwater system where salty groundwater may occur within the Upper Glacial aquifer, and where deepening of private wells and/or the development of community water supplies may be limited; or Suffolk County Sanitary Code 57 2. Areas in close proximity to existing or identified future public water supply wellfields. In general, for the purposes of this Article, "close proximity" shall mean within 1,500 feet upgradient or 500 feet downgradient of public supply wells screened in the Upper Glacial aquifer. 3. A limited water budget area, not underlined by fresh Magothy, defined by published reports acceptable to the Commissioner. 4. The areas described in items W.1.,2.,3., above are set forth on a map adopted by the Board filed in the Office of the Commissioner in Hauppauge, New York. §760-704 Powers of the Commissioner The Commissioner may: A. make, or cause to be made, or order the owner or operator of any property or facility to make any investigation or study which, in the Commissioner's opinion, is needed for the enforcement of this Article or for controlling or reducing the potential for contamination of the waters of the County from sewage, industrial or other wastes, toxic or hazardous materials and/or stormwater runoff. This may include the ordering of an independent groundwater investigation where evidence suggests that a discharge of toxic or hazardous materials may have occurred. B. approve, with conditions, non-residential structures, processes, facilities and activities in deep recharge areas and water supply sensitive areas to assure compliance with §760-706. Such conditions shall be embodied in covenants running with the land as specified in the Department's standards; C. promulgate and establish standards and schedules to effect the purpose of this Article; D. order the posting of a performance bond or other undertaking either prior to or subsequent to the construction or operation of an industrial facility within Suffolk County on a case-by-case basis if evidence indicates such may be necessary to protect water resources from the adverse effects of operating such a facility. E. Notwithstanding any other provision of this Article, if the Commissioner finds a condition which has the potential for contaminating the waters of the County with toxic or hazardous materials, or which otherwise constitutes an immediate danger to public health, and determines that it could appear prejudicial to the public interest to delay action, the Commissioner may serve an order upon the permit holder, or if there is no permit upon the person in charge of the facility or site, citing such conditions and specifying the corrective action to be taken and a time period of less than fifteen (15) days within which such action shall be taken. Such order may state that a permit is immediately suspended and/or that all operations are to be discontinued forthwith. Any order requiring certain action or the cessation of certain activities immediately or within a specified period of less than fifteen (15) days shall provide such person an opportunity to be heard, which hearing shall be scheduled for a time no more than fifteen (15) days after the date the order is served. Suffolk County Sanitary Code 58 §760-705 General Restrictions and Prohibitions A. Construction of a Disposal System 1. It shall be unlawful for any person to construct, reconstruct, install or substantially modify any disposal system without first having obtained a permit therefor issued by or acceptable to the Commissioner, pursuant to Department standards. 2. §760-705.A.1 does not apply to stormwater disposal systems unless there is an actual or potential discharge into the system of industrial wastes, toxic or hazardous materials, or sewage. B. Discharge 1. It shall be unlawful for any person to discharge sewage, industrial wastes, offensive materials, toxic or hazardous materials or other wastes to any surface waters or groundwaters, to the surface of the ground or to a disposal system unless such discharge is specifically in accordance with a State Pollutant Discharge Elimination System (SPDES) Permit or other permit issued by or acceptable to the Commissioner for that purpose. 2. No permits, as stipulated in §760-705.B.1, are required for the following types of discharges: a. discharge of sewage from an existing residential structure to a private or individual sewage disposal system, or from any residential structure, houseboat or housebarge to a communal sewage system or municipal sewage system that does not contravene standards or result in a public health nuisance; b. discharge of sewage from a commercial or industrial facility to a communal sewage system or municipal sewage system; c. discharge of stormwater to a disposal system unless there is an actual or potential discharge into the system of industrial wastes or toxic or hazardous materials or sewage. 3. For existing discharges not prohibited by law prior to the effective date of this Article, a permit shall be obtained within the time limit provided in §760-707. C. Construction or Operation of a Treatment System 1. It shall be unlawful for any person to construct, modify or operate a treatment system without first obtaining a permit therefor issued by or acceptable to the Commissioner. D. Commingling 1. It shall be unlawful for any person to commingle stormwater runoff, cooling water, sewage or industrial wastes in any disposal system not approved for that purpose pursuant to this Article. E. Stormwater Discharges 1. It shall be unlawful for any person to develop or use land in such a manner as to cause stormwater runoff from that land to become contaminated and discharged in contravention of the other provisions of this Article. Suffolk County Sanitary Code 59 F. Marinas 1. It shall be unlawful for any marina to permit overnight docking of any houseboat or housebarge unless the marina has a waste pump-out facility. Construction of said pump-out facilities shall be in accordance with standards which may be promulgated by the Commissioner. §760-706 Deep Recharge Areas and Water Supply Sensitive Areas The following additional restrictions and prohibitions shall apply in deep recharge areas and water supply sensitive areas. A. It shall be unlawful for any person to discharge any restricted toxic or hazardous materials or to discharge industrial wastes from any facility containing restricted toxic or hazardous materials to the groundwaters, to the surface of the ground, beneath the surface of the ground, to a municipal or communal sewage system, or to a disposal system except as follows: 1. application of fertilizers, pesticides or other agricultural chemicals approved for that purpose by the appropriate state and federal agencies; or 2. application of road surfacing or road construction materials or deicing salts to roadways, walkways, and parking areas; or 3. discharge from an establishment to a municipal or communal sewage system with effluent disposal to marine surface waters or recharge outside of the deep recharge areas and water supply sensitive areas, and the following minimum requirements are satisfied pursuant to a permit issued by or acceptable to the Commissioner: a. Dual plumbing systems shall be installed, one for sanitary wastes and one for industrial wastes. b. Sampling access approved by the administrative head of the municipal or communal sewage system and the Department shall be provided for both the sanitary and industrial waste systems. c. The administrative head of the municipal or communal sewage system, with approval of the Department, shall determine which industrial wastes are acceptable to "hold and haul" and which require pretreatment prior to discharge to the collection system in order to assure compliance with the applicable sewer use ordinance. d. Personnel authorized by the administrative head of the municipal or communal sewage system or other individual(s) acceptable to the Commissioner, pursuant to Department standards, shall operate at each establishment its pretreatment facility for industrial wastes prior to discharge to the collection system. e. Only batch pretreatment of industrial wastes will be permitted. Batch facilities and facilities for storage of drums containing toxic or hazardous wastes shall be located in an area accessible at all times by district personnel, in or adjacent to the industrial building, with heat and power provided by the owner. Suffolk County Sanitary Code 60 f. Personnel authorized by the administrative head of the municipal or communal sewage system or other individual(s) acceptable to the Commissioner, will be responsible for collection and disposal of pretreatment sludges, and other "hold and haul" materials. g. The owner shall allow the personnel authorized by the administrative head of the municipal or communal sewage system or other individual(s) acceptable to the Commissioner, access, from time to time, to wet process areas to perform their duties and inspections. h. Industrial process-area floors shall be provided with adequate means to contain any spill of restricted toxic or hazardous materials. The design of containment facilities shall be subject to the approval of the Commissioner. i. A minimum of four (4) groundwater monitoring wells shall be installed at the owner's expense. j. Financial assurance shall be provided to pay for cleanup of spills. This cost shall be entered as a judgment upon notice against the owner, occupant, tenant, or lessee responsible for such spill or spills. B. It shall be unlawful to use or store any restricted toxic or hazardous materials on any premises except as follows: 1. a. the intended use of the product stored is solely for on-site heating, or intermittent stationary power production such as stand-by electricity generation or irrigation pump power; and b. the facility for such storage is intended solely for the storage of kerosene, number 2 fuel oil, number 4 fuel oil, number 6 fuel oil, diesel oil or lubricating oil; and c. the facility for such storage is constructed in accordance with the requirements of Article 12 of the Suffolk County Sanitary Code for new construction; and d. the materials so stored are not industrial wastes from processes containing restricted toxic or hazardous materials; and e. the materials stored are not intended for resale; or 2. a. for buildings with gross floor area of less than or equal to 20,000 square feet (s.f.), the materials so stored are in containers where the total liquid capacity stored at any time does not exceed 250 gallons and where the dry storage in bags, bulk or small containers does not exceed 2,000 pounds; and b. for buildings with gross floor area greater than 20,000 square feet (s.f.), the materials so stored are in containers where the total liquid capacity stored at any time does not exceed 0.0125 gals/s.f. of gross floor area and where the dry storage in bags, bulk or small containers does not exceed 0.1 pounds/s.f. of gross floor area; and c. for the purpose of determining quantity of allowable storage, the internal fluids within production machinery shall not be included; and Suffolk County Sanitary Code 61 d. if storage of restricted toxic or hazardous materials at a facility exceeds 1250 gallons or 10,000 pounds dry storage, then an annual environmental audit is to be conducted of the property, buildings and appurtenances, and the audit will conform to any standards which may be promulgated by the Commissioner; or 3. a. the materials so stored are intended solely for treatment or disinfection of water or sewage in treatment processes located at the site; or 4. a. the materials are stored solely incident to office operations, or wholesale/retail sales on premises and are not processed, pumped, packaged, or repackaged at the site; and b. for the purpose of these regulations, Office Operations means a place in which business, clerical or professional activities are exclusively conducted and there are no manufacturing or other industrial activities; and c. wholesale storage shall be limited to 5-gallon maximum size containers and the total storage capacity shall not exceed the storage allowed under §760-706 B.2.b or 5,000 gallons or 40,000 pounds of dry storage in bags, bulk, or small containers, whichever is greater; or 5. a. the materials are stored at a service station or similar installation solely incident to the distribution of gasoline, kerosene, diesel oil or other petroleum products for motor vehicular uses and repair; and b. the facility for such storage is constructed in accordance with the requirements of Article 12 of the Suffolk County Sanitary Code for new construction; or 6. a. the materials are stored at an establishment for which a permit has been secured in accordance with §760-706.A.3, and a permit for such storage has been granted by the Department. 7. a. the materials are stored on a farm site solely incident to on-premises use, and consist of fertilizers, pesticides, or other agricultural chemicals to be applied in accordance with the provisions of §760-706.A.1. C. The provisions of §760-706.A and §760-706.B of this Article shall not apply to residential facilities, but shall be applicable: 1. immediately for all non-residential facilities which have not been approved, constructed, or put into operation prior to the effective date of this Article; and 2. immediately for all non-residential facilities which were approved, constructed, or put into operation prior to the effective date of this Article upon: a. any change in use or process which results in an increase of mass loading in the discharge of restricted toxic or hazardous materials, or introduces a toxic or hazardous material not previously discharged; or b. any change in use or process which results in an increase of the storage or change of type of restricted toxic or hazardous materials. Suffolk County Sanitary Code 62 D. When upgraded in accordance with the time schedule specified in Article 12, existing facilities, including those for petroleum products, not otherwise covered by items §760-706.A., §760-706.B. or §760-706.C., above, shall conform to the requirements of Article 12 for new construction. These requirements do not apply to facilities upgraded in accordance with Article 12 prior to the effective date of this Article. §760-707 Permits A. All permits required by this Article shall be applied for in accordance with the provisions of Article 3 of the Suffolk County Sanitary Code. B. All persons required to obtain a permit by reason of any law, rule or regulation in effect prior to the effective date of this Article shall be governed by such law, rule or regulation in determining when said permit shall be obtained. C. All persons newly required to obtain a permit by this Article due to any act or condition in existence as of the date this Article becomes effective, shall apply for said permit within one (1) year of that date. D. All persons required to obtain a permit by this Article due to any act or condition not in existence on the effective date of this Article must apply for and receive said permit prior to undertaking such act or creating such condition. §760-708 Emergency Embargo; Seizure A. In accordance with the general provisions of Article 2 of the Suffolk County Sanitary Code, the Commissioner or his authorized agent is authorized to seize and embargo materials consisting of industrial wastes, toxic or hazardous materials, or any combination thereof when in the judgment of the Commissioner, the nature and condition of said material constitutes an actual or potential hazard to the source of drinking water supply. B. The following additional requirements shall also apply: 1. When materials are embargoed or seized pursuant to subsection A. above, they shall not be moved, used or removed except by or under the direction of an agent authorized by the Commissioner. 2. It shall be unlawful for a person not authorized by the Commissioner to remove or alter an embargo order or tag. 3. After having embargoed, condemned or otherwise seized materials pursuant to this section, the Commissioner shall afford the owner of the seized material an opportunity to be heard at a hearing held within ninety-six (96) hours after the seizure. The Commissioner may then vacate the order or sustain it and order a proper and safe disposition of the material seized. 4. Unless ordered otherwise, removal shall be at the expense of the owner. §760-709 Monitoring and Reporting A. All persons maintaining subsurface leaching facilities and holding tanks for the purposes defined in §760-703.G shall make them accessible to representatives of the Department for sampling and monitoring purposes. The type of access shall be in conformance with the requirements of the Commissioner. Suffolk County Sanitary Code 63 B. All persons maintaining a discharge of industrial wastes, toxic or hazardous materials, and/or offensive materials pursuant to a permit issued by the Commissioner must, at their own expense, monitor the discharge for such constituents at such intervals as specified in the permit. 1. The samples shall be collected in a manner acceptable to the Commissioner, pursuant to Department standards, and analytical results shall be reported to the Department as specified in the permit. 2. The permittee may employ private laboratory facilities of its own choosing. However, the laboratory shall be approved by New York State Departments of Health or Environmental Conservation or other agency acceptable to the Commissioner for the type of analyses performed. 3. Sampling shall be by an employee of the laboratory which prepares the analysis, and the laboratory shall be responsible for the accuracy and quality of the sample. C. Owners, tenants and occupants of industrial facilities may be required to install monitoring systems, such as monitoring wells, both upgradient and downgradient in the groundwater flow. The number and location of the monitoring wells and their installation shall be in conformance with the requirements of the Department. The owner, tenant and occupant shall be responsible for all costs, as well as costs for groundwater monitoring and evaluation as required by the Department. D. The owners of all real property used for non-residential purposes shall, within thirty (30) days of change, report in writing to the Department: 1. New Facility a. Name of tenant or occupant; address, including tax map number. b. Description of process, operation, or use. 2. Existing Facility a. Name of new tenant or occupant; address, including tax map number; description of process, operation, or use. b. Description of change of process, operation, or use. This notification requirement shall not apply to changes in tenancy or occupancy of the space where a permit is not, or would not be, required for the use. §760-710 Requirement to Connect to Public Sanitary Sewer A. Sewage and industrial wastes from any building or premises shall be discharged directly into a municipal sewage system, if available and accessible. Discharge of industrial wastes to a municipal sewage system shall be in accordance with the applicable sewer use ordinance. B. If there is no municipal sewage system or facility connecting therewith available and accessible, sewage from any new building or premises shall be discharged directly into a communal sewage system or a facility connecting with a communal sewage system, if available and accessible. Suffolk County Sanitary Code 64 C. If there is no municipal or communal sewage system or facility connecting therewith available and accessible, a private sewage disposal system approved by the Department may be used. D. In the event that a municipal or communal sewage system or facility connecting therewith becomes available and accessible, any building or premises shall be connected to such municipal or communal sewage system, and immediately thereafter the use of any other sewage disposal system or facility shall be discontinued. §760-711 Abandonment of Disposal Systems Existing disposal systems abandoned as a result of connection to municipal sewage systems or communal sewage systems or different disposal systems or for other reasons shall be removed or permanently sealed in a manner acceptable to the Commissioner. §760-712 Engineering Plans A. All plans, specifications, and reports required by this Article shall be prepared by a New York State licensed Professional Engineer unless otherwise prescribed in the New York State Education Law. B. No permit to construct, reconstruct, modify, use or operate shall be issued without the prior submission of plans and/or reports acceptable to the Commissioner, pursuant to Department standards. §760-713 Operation, Maintenance and Repair of Sewage or Industrial Waste Treatment Facilities A. All sewage and industrial waste treatment facilities shall be operated by a person or persons with qualifications acceptable to the Commissioner, pursuant to Department standards. B. An operator of a sewage or industrial waste treatment system shall be physically present at the sewage or industrial waste treatment plants he is responsible for operating for a period of time each day satisfactory to the Commissioner. C. This section does not apply to underground septic tank and leaching pool systems used for the disposal of domestic sewage. D. All sewage or industrial waste treatment facilities shall be operated in strict accordance with the discharge permit issued for the facility. E. All sewage or industrial waste treatment facilities shall be maintained in good operating condition at all times in accordance with good engineering practice. All structures and equipment shall be protected against corrosion and deterioration. Repairs shall be made in a timely fashion to minimize downtime of equipment. Preventative maintenance shall be performed on a scheduled basis to anticipate and prevent equipment failure. §760-714 Enforcement The provisions of this Article shall be enforced in accordance with the enforcement provisions of Article 2 of the Suffolk County Sanitary Code. Suffolk County Sanitary Code 65 §760-715 Variances and Waivers In any case where an applicant for a permit or approval is dissatisfied with a determination of the authorized agent to act for the Commissioner, or seeks a variance or waiver from the strict application of the letter of the requirements of this Article, or standards promulgated pursuant to this Article, the applicant may appeal from the determination of the deputy or for consideration of the application to the Board of Review in accordance with the provisions of §760-609 of the Suffolk County Sanitary Code. §760-716 Separability of Provisions In the event that any provision of this Article is declared unconstitutional or invalid, or the application thereof to any person or circumstance is held invalid, the applicability of such provision to other persons and circumstances and the constitutionality or validity of every other provision of this Article shall not be affected thereby. (Adopted 5/22/1985; Amended 4/9/1986, 1/14/1987, 1/24/1990, 11/4/1992, 6/30/1993)