Section 75.6 - Waivers; community and specific
Effective Date
75.6 Waivers; community and specific.
(a) Community Waiver.
(1) The State Commissioner of Health may on written application from a full-service city, county or part-county health department established in accordance with Section 340 of the Public Health Law and supported by documentation, grant a Community Waiver from a provision of this Part, subject to appropriate conditions, where such waiver is consistent with the general purpose and intent of this Part, to a full-service city, county or part-county health department. In an area where a full-service city, county or part-county health department does not exist, a written application for a Community Waiver may be filed by the official of the municipality responsible for designating the zoned status of the affected property.
(2) Such application shall include a site plan that documents all geological, hydrological, and topographic conditions impacting water tables, as well as existing and proposed infrastructure, to demonstrate that local conditions justify a waiver of wastewater treatment requirements as described in appendix 75-A, as well as an explanation and justification of proposed waiver duration.
(3) Such waiver shall include the effective date, the time period for which the waiver is granted, the requirement(s) being waived, indicate the limitations and conditions of installation, and require that the installation be certified by the county, municipality, a licensed professional engineer, registered architect, or other person authorized under the Education Law to design such a system as complying with the standards and waiver.
(b) Specific Waiver. The State Commissioner of Health, a duly designated representative or the designated full-time city, county or part-county health department official, may on written application grant a specific waiver from a provision of this Part, where such waiver is consistent with the general purpose and intent of this Part. Specific waivers shall be expressly limited to a single residential plot as designated by real property records on file with a county or municipal clerk. The applicant receiving such waiver must be advised in writing if the design or conditions approved do not meet State standards and the potential consequences of such deviations. Systems with a surface discharge are prohibited and are not eligible for a waiver.