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4.12 4.12 WASTBWATBR\Conmiumty Septic System—Lakewood HOA—Town not Interested m Being Pemuttee per DEC Policy—3-18-2024 RESOLUTION OF DETERMINATION THAT TOWN OF QUEENSBURY DOES NOT WISH TO BE PERMITTEE OR OPERATOR OF LAKEWOOD HOMEOWNERS ASSOCIATION'S EXISTING COMMUNITY SEPTIC SYSTEM RESOLUTION NO.: ,2024 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, the Lakewood Homeowners Association (HOA), a 14-lot single family home subdivision located along Lakewood Drive within the Towns of Queensbury and Fort Ann, has advised the Town that the HOA will be submitting a permit application to the New York State Department of Environmental Conservation (NYSDEC) for its community septic system (system) installed in approximately 1982 but which system apparently never received a NYSDEC wastewater discharge permit, and WHEREAS, the HOA indicates that it will be making a submission to NYSDEC and has asked that the Town provide a written statement making clear its position on becoming a permittee and/or system operator in relation to this system, and NOW, THEREFORE, BE IT RESOLVED, that the Town Board hereby determines that Town operation and maintenance of this system is not a viable option as this is an existing system, located mostly in Washington County and the Town has no current right to enter onto the private property for purposes of maintenance and repair, and therefore, the Town does not wish to operate or be the permittee in relation to the system, and BE IT FURTHER, RESOLVED, that the Town Board authorizes the Town Supervisor and/or Town Counsel to issue a letter to the appropriate State agency or department setting forth the Town's position on this matter and further authorizes the Town Supervisor and/or Town Counsel to take any further actions necessary to effectuate the purpose of this Resolution. Duly adopted this 18t'day of March, 2024,by the following vote: AYES NOES ABSENT: 2 March 11 ,2024 Dear Supervisor Strough I am President of the Lakewood Homeowners Association (HOA) a 14-tot single family home subdivision located along Lakewood Drive within both Queen sbury and PortAnn. A community septic system was installed in Circa 1982 according to plans stamped by a PE and approved by Queensbury, NYSDOH and NYSDEC, however; it does not appear that a NYSDEC wastewater discharge permit was obtained. Currently the HOA is submitting a permit application to the NYSDEC for the septic system. As part of the application NYSDEC regulations require us to determine if Queen sbury and Fort Ann are interested in being the perm ittee and oper2atingthe system. Wherefore, via this a-mail we are requesting information on how we can determine whether Queensburywill be the permittee. For your information we have provided an overview of the HOA septic system, HOA structure, summary of the NYSDEC community septic wastewater discharge permitting requirements and permit submission. It is our opinion there is no need for Queensbury to be the perm ittee or operate the system since the existing system has operated property since its installation and the HOA has adequate provisions set forth in its Bylaws and Declaration of Protective Covenants, +Conditions, Restrictions, Easements, Charges and Liens (the Declaration) to operate and maintain the system. HOA Septic System The homes are served by a community septic system (attached is the drawing of the septic) consisting of holding tanks located at each residence, within both Fort Ann and Queensbury. The homeowners' holding tanks are connected to 3 separate teaching fields located in Fort Ann (System A-2500 gallons/day design flow (GPD), System B- 2000 GPD, System C 1500 GPD). The septic systems were installed in circa 1982 once approvals were obtained from a PE, Queensbury, NYSDEC and NYS DOH with approvals far the holding tanks obtained at the time of the construction of a home. A recent inspection attached indicates that leaching fields are functioning properly. HOA The HOA is a Not-For-Profit Corporation formed to protect and maintain all aspects of the Homeowners Association lots and property, including the disposal system. The HOA members of the corporation are owners of the Lots who have a direct interest In the common properties of the Homeowners Association, including the disposal system. The HOA is bound by the Bylaws and the Declaration which includes a governing body, duly Y elected officers, collection of fees to maintain and pay taxes for HOA owned properties, and sinking fund for operation of the septic system, etc. A copy of the Certificate of Incorporation for the Homeowners Association entity with proof of filing the same with the Department of State is attached. It is important to note that pursuant to the declaration, the Homeowners Association has the right of access to individual lots, if necessary, to inspect, maintain and make repairs. Each and every Homeowner Association member will be guided by the motivating factor that the values of the individual homes and lots are directly dependent upon the perpetual proper maintenance and operation of the collection piping. The Board of Directors of the Homeowners Association has the power and authority to compel each owner to comply with their payment obligations under the Declaration. NYSDEC Community Septic permitting Requirements 6 NYC RR Section 750-1 .6(f) allows a SPDES permit for a septic system to serve more than 1 separately owned property to be issued only to a government agency municipality or Sewage disposal corporation (SDC). The NYSDEC , as stated in the attached NYSDEC policy document, has acknowledged that there are "circumstances where ownership or operation of the facility by a government agency or municipality is not a viable option." Where the facts support such a conclusion, the NYSDEC prefers that a SPDES permit be issued, or a sewer extension approval be granted to a duly formed Sewage Disposal District (SDC). "Additionally, while the regulations allow the commission to grant a variance from the requirement of 6 NYCRR 750-1 .6(f) upon written application the granting of such a variance should be supported by specific facts showing why ownership or operation of the facility by a government agency, municipality or duly farmed SDC is not viable." Permit Submission As noted above the HOA submitted a wastewater discharge permit to the NYSDEC. As noted in the attached NYSDEC policy the NYSDEC prefers that a municipality be the permittee and operate the system. It is our understanding that Queensbury would not be interested in being the permittee for an existing community septic system nor be responsible for operation of the system. If this is Queensbury's opinion, we would appreciate a letter stating such that would be included in the permit package. Further the Lakewood HOA will be requesting a variance from forming a SDC since issuance of a SPDES Permit to the Homeowners Association is the equivalent of issuing the permit to a small municipality because the Homeowners Association, like a municipality, has the power to assess and tax its members for the costs of maintaining the disposal system. and the power to enforce payment against the Member Owners and their Lots as outlined in its Bylaws and the Declaration . Upon your review, please advise us as to how we can obtain a letter from Queensbury and what, if any, additional information may be needed for Queensburyto make its determination in this matter. We appreciate your assistance with this important permitting process. Sincerely, Betsy Cowell President Lakewood Homeowners Association Cc: Kristee lacobucci, Lakewood Homeowners Association Board Member Robert Underwood, Lakewood Homeowners Association Board Member Tom Seguljic, Lakewood Homeowners Association member and PE