646-3 Wastewater Management

646‐3.1 General Purpose
The purpose of this Subpart is to preserve and protect the water quality and ecology of Lake George
and protect the health, safety and welfare of residents and visitors to the Lake George basin by
ensuring compliance with design and maintenance standards for wastewater treatment systems,
providing consistent review of such systems, and optimizing the efficacy of these systems to prevent
degradation of the Lake from wastewater pollution.

646‐3.2 Applicability
a) This Subpart shall apply to the discharge of sewage and the design, construction, operation, and
    maintenance of Wastewater Treatment Systems located in the Lake George basin;
b) The requirements of this Subpart are in addition to, and not in lieu of, the requirements for
    wastewater treatment systems set forth in local codes, New York State Public Health Law, the
    Environmental Conservation Law (ECL), and implementing regulations. Wherever a conflict
    exists between this Subpart

646‐3.3 Definitions
Terms used in this Subpart shall have the meaning as defined in Commission regulations at 6 NYCRR
Parts 645 and 646, 10 NYCRR Part 75, Appendix A (NYS DOH 75‐A), and the Department of
Environmental Conservation’s Design Standards for Wastewater Treatment Systems in the Lake George
Basin, as applicable, except the following terms as used in this Subpart shall mean the following:
a) DEC Design Standards means the Design Standards for Wastewater Treatment Works in the
    Lake George Basin published in March 2015 by the Department of Environmental Conservation
    (Department) and available on the Department’s website.
b) DOH 75‐A means the Wastewater Treatment Standards—Residential Onsite Systems adopted
    by the New York State Department of Health at 10 NYCRR Appendix 75‐A.
c) Failing Wastewater Treatment System shall mean a wastewater treatment system that is
    characterized by any of the following:
    1) Discharge of untreated or partially treated wastewater directly or indirectly to surface
       waters or the ground surface including overflow outlets, broken system elements,
       surface breakouts, ponding or saturated soil areas;
    2) The presence of a metal septic tank;
    3) Lack of a pre‐treatment vessel (e.g. septic tank) prior to effluent discharge to any
        subsurface treatment area (e.g. soil absorption field), such as with a cesspool;
    4) Lack of a subsurface treatment area in instances where holding tanks are not used;
    5) A backup of sewage into the dwelling, building, septic tank, or distribution box, including
        effluent flowing back into the septic tank from a soil treatment area during pump out;
    6) A septic tank that requires pumping more than four times per year; or
    7) A septic tank that has less than 50% of the required capacity per DOH 75‐A and DEC
        Design Standards, as applicable.
d) Qualified Wastewater Inspector means Commission staff or a person who is expressly
    authorized by the Commission, and is:
    1) a professional engineer licensed in the State of New York, or
    2) certified, trained, or licensed in the discipline(s) of septic system design, installation
        and/or inspection.
e) Redevelopment Project means the demolition or abandonment of an existing structure and the
    construction of a new structure.
f) Responsible Management Entity (RME) means a legal entity with the requisite managerial,
   financial, and technical capacity to ensure long‐term management of wastewater treatment
   systems. RMEs may include sewer districts, utilities, municipal authorities, or other entities with
   the authority to enforce and the capacity to finance the long‐term operation and maintenance
   requirements necessary to ensure wastewater treatment systems are functioning properly.
g) Review Authority means the municipal, county, and/or State office(s) with wastewater
   jurisdiction responsible for implementing local standards, regional standards, DOH 75‐A and/or
   the DEC Design Standards. For purposes of section 646‐3.8 of this Subpart, Review Authority
   does not include the Department.
h) Substandard Wastewater Treatment System means a wastewater treatment system that is
    found to be designed, constructed, or functioning in non‐conformance with the applicable
    standards of this Subpart, DOH 75‐A, or the DEC Design Standards. A Substandard Wastewater
    Treatment System shall include a wastewater treatment system characterized by any of the
    following conditions, unless construction of the system has been expressly permitted pursuant
    to DOH 75‐A or DEC Design Standards, with variances or waivers as applicable, by the
    appropriate Review Authority:
    1) a septic tank that has less than 100% of the required capacity per DOH 75‐A and DEC
       Design Standards, as applicable;
    2) an absorption area located less than 50 feet to the mean high water mark of Lake
        George or less than 50 feet to the high water mark of a AA‐S stream designated or
        mapped by the Department pursuant to ECL section 17‐0301; or
    3) an absorption area that has less than 75% of the required capacity (e.g. absorption
        trench or seepage pit dimension).
i) Wastewater Inspection means a professional assessment of a wastewater treatment system
   conducted by a Qualified Wastewater Inspector for the purposes of determining the adequacy
   of a wastewater treatment system’s performance and compliance with the applicable
   standards.
j) Wastewater Inspection Program Area means the area located within 500 feet of the mean high
   water mark of Lake George and the area located within 100’ of high water mark of a AA‐S
   stream designated or mapped by the Department pursuant to ECL section 17‐0301.
k) Wastewater Treatment System means the complete system of conduit, tanks, absorption area,
    or other facilities for the collection, treatment, or disposal of household, commercial, or
    industrial wastewater, and excludes any State or municipal Publicly Owned Treatment Works
    (POTW).

646‐3.4 Prohibitions a)   No person shall own, operate, or maintain a Wastewater Treatment System that is Failing.

b)  No person shall own, operate, or maintain a Wastewater Treatment System that is Substandard except as authorized by the Commission within the terms of this Subpart.

c)   No person shall inhibit or prohibit a Wastewater Inspection as directed by the Commission in accordance with this Subpart.

646‐3.5 Systems Exempt from the Wastewater Treatment System Inspection Program and Fees a) The following properties and wastewater treatment systems are exempt from the Wastewater     Treatment System Inspection Program and fees in this Subpart:     1) Any property located inside the Wastewater Inspection Program Area, but which is        serviced by a tank and any absorption area located entirely outside the Wastewater        Inspection Program Area.     2) A Wastewater Treatment System located inside the Wastewater Inspection Program         Area that is managed and maintained by a RME that conducts the following activities: (i)         a regular pump out at intervals no greater than every five years, (ii) an inspection         consistent with the standards of this Subpart by a Qualified Wastewater Inspector, and          (iii) compliance with the maintenance and reporting standards in section 646‐3.9 of this                Subpart.     3) Any Wastewater Treatment System located inside the Wastewater Inspection Program         Area that has received a Wastewater Inspection that is consistent with the standards of         this Subpart and which is undertaken in accordance with laws or regulations of an         applicable Review Authority, such as a required inspection upon property transfer, shall         be exempt from the inspection and fee requirements of this Subpart for the subsequent         five years following that inspection, provided sufficient and timely documentation is         submitted to the Commission in accordance with the maintenance and reporting         standards in section 646‐3.9 of this Subpart.     4) Persons claiming exemption under this section shall bear the burden of demonstrating         that all the requirements for an exemption are met.

646‐3.6 Wastewater Treatment System Inspection Program a) All Wastewater Treatment Systems in the Wastewater Inspection Program Area shall be subject     to a Wastewater Inspection every five years unless otherwise directed by the Commission or     exempted by section 646‐3.5 of this Subpart. b) Any Wastewater Treatment System in the Lake George basin may be subject to a Wastewater     Inspection to ensure the system is not a source of pollution and confirm that the system is     compliant with the terms of this Subpart. c) Wastewater Inspections shall be conducted by Commission staff or by a Qualified Wastewater     Inspector, as directed or authorized by the Commission. d) Wastewater Inspections shall be undertaken in accordance with forms provided by the     Commission containing the information required by subdivision (g) of this section. Completed     forms shall be filed with the Commission within 30 days of a wastewater inspection by the     Qualified Wastewater Inspector. e) Prior to inspection, all septic tanks, seepage pits and drain field distribution boxes accepting     effluent from a septic tank must be uncovered and opened by the landowner or their agent. f) The Wastewater Inspection shall include a septic tank pump out by a septic hauler registered    with the Department pursuant to 6 NYCRR Part 364. g) Wastewater Inspections shall include, at a minimum, a review and diagram of the septic tank,     distribution box, leaching components, and fixtures discharging to the system, and may include     review of the number of bedrooms or applicable commercial units associated with the system     as well as accepted methods for evaluation of system performance (e.g. dye testing). h) If a Wastewater Treatment System in the Lake George basin is found to be Failing, the     Commission shall afford the landowner a reasonable time period to bring the system into     compliance with applicable design standards. The time period afforded for compliance shall be     commensurate with the hazard the system poses to public health, the water quality of Lake     George, and the natural resources of the basin, but shall not exceed six (6) months from the     date of documented Failure. In instances of ongoing or imminent hazard, such as wastewater     collecting on the ground surface or a direct discharge to a surface water, the Commission may     require immediate action including repair, replacement, and/or remediation as necessary. i) If a Wastewater Treatment System in the Lake George basin is found to be Substandard, the    Commission shall afford the landowner a reasonable time commensurate with the hazard the    system poses to public health, the water quality of Lake George, and the natural resources of    the basin to bring the system into compliance with applicable design standards. The time period    afforded for compliance shall not exceed five years from the date of the documented    Substandard condition. j) No modification, repair, or construction of a Wastewater Treatment System shall be    undertaken until all necessary permits and approvals are obtained from the Review Authorities    having jurisdiction. All such permits and associated design plans shall be retained by the    landowner, and provided to the Commission upon request in such format as may be directed    (e.g. electronic pdf). k) The Commission may grant extensions to the time periods afforded to landowners for     Wastewater Treatment System compliance for good cause.

646‐3.7 Annual Program Fees for the Wastewater Treatment Inspection Program a) Each property served by a Wastewater Treatment System for which the tank, absorption area,     or other treatment component is located in whole or in part within the Wastewater Inspection     Program Area shall be subject to annual fees to be paid by the landowner in accordance with     the following schedule:      1) Residential Wastewater Treatment System: $50      2) Commercial Wastewater Treatment System: $100. b) Each property served by a Wastewater Treatment System located in whole or in part within the     Wastewater Inspection Program Area that discharges solely to holding tanks that does not have     a wastewater leaching component (e.g. absorption area) is subject to an annual inspection fee     as follows:       1) Residential Holding Tank System: $25       2) Commercial Holding Tank System: $50. c) Fees required pursuant to this section shall be due and payable April 1st of each calendar year     and shall be deemed timely paid if paid on or before that date. d) Fees shall be paid to the “Lake George Park Commission” at the following address: PO Box 749,     Fort George Road, Lake George, NY 12845, or through online payment system as provided by     the Commission. e) Penalties for non‐payment shall be processed in accordance with Commission regulations at 6     NYCRR 645‐7.4.

646‐3.8 Wastewater Treatment System Design in the Lake George Basin All new and replacement Wastewater Treatment Systems constructed in the Lake George basin shall comply with the standards of DOH 75‐A or the DEC Design Standards, as applicable, with additional standards noted herein: a) The reduction in absorption area and trench length allowed by DOH 75‐A or the DEC Design     Standards for Enhanced Treatment Units (10 NYCRR Appendix 75A.6(b)(6)(ii)(d)) as well as     Open‐Bottom Gravelless Chambers (10 NYCRR Appendix 75‐A.8(c)(3)(i)) shall not apply to     Wastewater Treatment Systems in the Lake George basin; b) The soil absorption area for Wastewater Treatment Systems constructed in the Lake George     basin shall be located a minimum of 36 inches above seasonal high groundwater and bedrock; c) The soil absorption area for Wastewater Treatment Systems constructed in the Lake George     basin shall be located a minimum of 100 feet from any stream, lake, or wetland; d) Redevelopment projects shall not utilize existing Wastewater Treatment Systems that are noncompliant     with the design standards at the time of construction. Upon redevelopment, the     Wastewater Treatment System servicing that structure shall be brought into compliance with     the applicable design standards; e) A variance or waiver, as applicable, shall be required from the Review Authority when     standards for wastewater treatment system design at subdivisions (a), (b), or (c) of this section     cannot be met. Waivers and variances shall be processed in accordance with the administrative     standards of the Review Authority. f) Any Wastewater Treatment System that requires a variance, waiver, or deviation from the    design standards at subdivisions (a), (b), or (c) of this section, or from DOH 75‐A or DEC Design    Standards for the sizing of an absorption area or septic tank shall employ additional methods,    measures, and/or practices determined to be the most practical and effective for reducing the    introduction of phosphorus to the environment. Such measures shall be appropriate for the site    and commensurate with the variance, waiver, or deviation requested, and may include but shall    not be limited to enhanced treatment units, absorption area dosing, phosphorus filters,    filtration media, enhanced absorption area characteristics (e.g. soil depth), and holding tanks.    Any such measure must be consistent with generally accepted engineering practices, and shall    be supported by certified third party testing and/or research published in professional, peer    reviewed journals.

646‐3.9 Wastewater Treatment System Maintenance and Reporting Requirements The following shall apply to all Wastewater Treatment Systems in the Lake George basin: a) All Wastewater Treatment Systems in the Lake George basin shall be pumped out by a     department‐registered septic hauler in accordance with Department and Department of Health     guidance, as applicable, but no less than once every ten years, or once every five years for     systems subject to the Wastewater Treatment System Inspection Program. b) Records of all Wastewater Treatment System pump outs, inspections, repairs, and related     construction permits and design plans shall be retained by the landowner for the life of the     system and made available to the Commission upon request and in such format as may be     directed (e.g. electronic pdf). c) All enhanced treatment units shall have an Operation and Maintenance agreement with the    manufacturer, the manufacturer’s representative, or an equivalent alternative authorized by    the Commission. Inspection and maintenance records shall be retained by the landowner for    the life of the system and made available to the Commission upon request. d) Within the Wastewater Inspection Program Area, when a Wastewater Inspection is conducted     by a Qualified Inspector other than Commission staff, such as an inspector associated with a     RME, maintenance and inspection records for the Wastewater Treatment System shall be     provided to the Commission at least once every five years on such forms containing the     information required by subdivision (g) of section 646‐3.6 of this Subpart, or in such manner as     provided by the Commission to demonstrate compliance with the standards of this subpart.

646‐3.10 Administration of Regulatory Programs a) The Commission shall administer and enforce the Wastewater Inspection Program. The     Commission may enter into agreements with Review Authorities for cooperative administration     of the provisions of this Subpart, or may delegate administrative authority to Review     Authorities, provided that any such agreement and administration is consistent with the intent,     purpose and standards of this Subpart. Such agreements shall not limit the Commission from     taking enforcement action if it determines that a violation of this Subpart endangers the health,     safety and welfare of the public or results in damage to the natural resources of the Park. b) When a Wastewater Inspection results in the finding of a Failing or Substandard system, the     Commission shall, as necessary, recommend the owner retain a NYS licensed professional     engineer experienced in subsurface treatment systems and refer the landowner to the     appropriate Review Authority for Wastewater Treatment System design and construction     review and approval. c) To avoid duplicative jurisdiction and administration of Wastewater Treatment System permit     programs, the terms of this Subpart do not convey permit jurisdiction to the Commission.     Permit jurisdiction associated with the design and construction of Wastewater Treatment     Systems, and all powers associated therewith, shall remain with the Review Authorities for     Wastewater Treatment Systems in the Lake George basin. At the time of promulgation, the     Review Authorities include the Town of Queensbury, Village of Lake George, Town of Lake     George, Town of Bolton, Town of Hague, Town of Ticonderoga, Washington County, the     Department, and the Department of Health.