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New York Codes, Rules and Regulations


Section 128-3.7 - Sewerage systems, service connections and discharges to sewerage systems

Effective Date


128-3.7 Sewerage systems, service connections and discharges to sewerage

systems.

(a) Combined sewerage systems are prohibited from

discharging within the watershed.

(b) A new service connection to a sewerage system is

prohibited where the wastewater treatment plant to which the sewerage

system has been connected and which discharges within the watershed has had

a SPDES flow parameter violation in the prior twelve months, or where the

additional flow from the new service connection will cause or can be

expected to cause such wastewater treatment plant to have a SPDES flow

parameter violation.

(c) All new service connections shall be tested as required

by and in accordance with the standards set forth in "Design Standards for

Wastewater Treatment Works, Intermediate Sized Sewerage Facilities", New

York State Department of Environmental Conservation (1988), and the

standards in "Recommended Standards for Wastewater Facilities", the Great

Lakes--Upper Mississippi River Board of State Public Health and

Environmental Managers, Sections 33.92-33.94 (1990). A copy of the results

of the tests shall be forwarded to the Department as soon as they are

available.

(d) Except for the owner of an individual or two family

residence, the owner of any property which will be served by a new service

connection to a sewerage system, or by any alteration or modification of a

service connection to a sewerage system, shall submit all plans or designs

for such service connection or such alteration or modification to the

Department prior to or simultaneously with the delivery of the notice to

the Department required under paragraph (d)(1) below. The owner of an

individual or two family residence to be served by a new service

connection to a sewerage system, or by an alteration or modification of a

service connection to a sewerage system, shall not be required to submit

the plans or designs for such service connection or such alteration or

modification to the Department, unless specifically requested by the

Department. If so requested, such owner shall submit such plans or designs

to the Department prior to or simultaneously with the delivery of the

notice to the Department required under paragraph (d)(1) below or, if the

request is made by the Department after such notice has been given, within

ten (10) days after such request has been made.

(1) The owner of any property which will be served by a new

service connection to a sewerage system, or by an alteration or

modification of a service connection to a sewerage system, shall notify the

Department 48 hours prior to the installation of such service connection or

of such alteration or modification, and provide an opportunity to the

Department to observe the work. If required or requested pursuant to

subdivision 128-3.7(d), the owner shall submit to the Department all plans

or designs for such service connection or for such alteration or

modification prior to or simultaneously with the delivery of the such

notice to the Department.

(e) The design, construction and plans for a new sewerage

system shall require the review and approval of the Department. Any

proposed alteration or modification of a sewerage system, including a

sewerage system that is a noncomplying regulated activity, shall require

the review and approval of the Department.

(1) The Department may require an engineering report,

construction plans and specifications, and any environmental assessments

and determinations in compliance with Article 8 of the Environmental

Conservation Law when reviewing any application pursuant to this

subdivision for a new sewerage system, or a proposed alteration or

modification of a sewerage system.

(f) The criteria used by the Department to approve any new

sewerage system or the portion of any sewerage system which is being

altered or modified, shall be all applicable requirements of law, including

the standards set forth in the following documents:

(1) "Design Standards for Wastewater Treatment Works,

Intermediate Sized Sewerage Facilities", New York State Department of

Environmental Conservation (1988);

(2) "Recommended Standards for Wastewater Facilities", the

Great Lakes--Upper Mississippi River Board of State Public Health and

Environmental Managers (1990).

(g) All sewerage systems connected to a wastewater

treatment plant which discharges within the watershed shall be designed,

operated and maintained in such manner as to prevent inflow or infiltration

which causes either:

(1) The SPDES authorized flow limit of the wastewater

treatment plant to be exceeded; or

(2) The strength of the sewage influent to the wastewater

treatment plant to be diluted to a level that adversely affects the

efficacy of the SPDES permitted and Department approved treatment process.

(h) All sewerage systems shall be designed, operated and

maintained to prevent exfiltration from such systems.

(i) The owner or operator of a facility which disposes of

wastes regulated pursuant to the Federal Categorical Pretreatment

Standards, 40 CFR Part 403, shall submit three copies of the engineering

report, plans and specifications, prepared by a licensed design

professional, in compliance with 40 CFR Parts 403, 406-471 and any

applicable local regulations, to the Department for its review and

approval.