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ENACTMENIThapter 137—Septic Systems—Amend to Add North Qby Wastewater Disposal District No. 1—10-17-2022
RESOLUTION ADOPTING LOCAL LAW NO.: OF 2022 TO AMEND
CHAPTER 137 OF QUEENSBURY TOWN CODE ENTITLED
"SEPTIC SYSTEMS" TO ADD ARTICLE II
"NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT NO. 1"
RESOLUTION NO.: 12022
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 407, 2014, the Queensbury Town Board created the North
Queensbury Wastewater Disposal District No. 1 pursuant to New York State Town Law Section 190-
e for the purpose of administration and planning, design, installation, construction, rehabilitation,
replacement, operation and maintenance, monitoring, residual treatment and disposal and regulation of
private on-site wastewater disposal systems of such district, and
WHEREAS, the Town Board wishes to consider further specifying and codifying the
requirements applicable within the Disposal District by adoption of Local Law No.: of 2022 which,
if adopted would amend Queensbury Town Code Chapter 137 by adding Article 11"North Queensbury
Wastewater Disposal District No. 1", and
WHEREAS, New York State Municipal Home Rule Law §20 requires the Town Board to
hold a public hearing prior to the adoption of any Local Law, and the Town Board duly held a public
hearing concerning such proposed Local Law on Monday, August 8t', 2022 and heard all interested
persons, and
WHEREAS, substantive changes were then made to the proposed Local Law necessitating an
additional public hearing, and
WHEREAS, the revised Local Law was delivered to the Town Clerk and made available for
public review, and
WHEREAS, the Town Board scheduled and duly held a public hearing concerning such
proposed Local Law on Monday, October 17t', 2022 and all interested persons were heard,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby adopts Local Law No.: of 2022 to
amend Queensbury Town Code Chapter 137 by adding Article 11 "North Queensbury Wastewater
Disposal District No. I", substantially in the form presented at this meeting, and
BE IT FURTHER,
RESOLVED, that the Town Board hereby authorizes and directs the Queensbury Town Clerk
to file the Local Law with the New York State Secretary of State in accordance with the provisions of
the Municipal Home Rule Law and acknowledges that the Local Law will take effect immediately
upon filing with the Secretary of State, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Director of Building and Codes Enforcement, Town Counsel and/or Town Clerk to take such other
and further actions as may be necessary to effectuate the terms of this Resolution.
Duly adopted this 17t'day of October, 2022,by the following vote:
AYES
NOES
ABSENT :
LOCAL LAWS\Chapter 137 Septic Systems—Amend to Add North Qby Wastewater Disposal District No I—October 17 2022
LOCAL LAW NO.: OF 2022
A LOCAL LAW TO AMEND QUEENSBURY TOWN CODE
CHAPTER 137 TO ADD ARTICLE H "NORTH QUEENSBURY
WASTEWATER DISPOSAL DISTRICT NO 1"
BE IT ENACTED BY THE QUEENSBURY TOWN BOARD AS FOLLOWS:
Section 1. Authority — This Local Law is adopted pursuant to Article 16 of the Town
Law and Article 3 of the Public Health Law.
Section 2. Queensbury Town Code is hereby amended by adding Chapter 137, Article 11
as set forth below:
ARTICLE II: "NORTH QUEENSBURY WASTEWATER DISPOSAL DISTRICT No.
1"
§ 137-7. Purpose and Intent. The North Queensbury Wastewater Disposal District No.
1 (District) was formed by the Queensbury Town Board to protect the waters of Lake George.
The District is located entirely within the Dunham's Bay Area along the east shore of Lake
George. Lake George is classified as an "AA-Special" water body and serves as a source of
drinking water for residents of all eight Towns within the Lake George Basin. Onsite
Wastewater Treatments Systems (OWTS) are the sole method of wastewater disposal within the
District. Therefore, continued protection of the waters of Lake George is imperative and poorly
maintained or malfunctioning OWTS within the District contribute to the contamination and
degradation of groundwater and ultimately the water quality of Lake George. The Queensbury
Town Board recognizes that OWTS will eventually degrade, even with proper maintenance and
operation and that ongoing vigilance to ensure that such systems are properly operating and are
appropriately repaired and replaced when necessary is crucial to protect groundwater and the
waters of Lake George. The District was formed pursuant to New York State Town Law §190-e
to facilitate the Town's goals of.promoting and requiring the rehabilitation, replacement and
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proper operation and maintenance of OWTS and the Town has the lawful authority to monitor
such systems for this purpose, including providing for regular inspections.
§ 137-8. DEFINITIONS
As used in this Chapter, the following terms shall have the meanings indicated:
ON SITE WASTEWATER TREATMENT SYSTEM OR OWTS: Multi-stage systems
that collect, treat, and disperse wastewater to the soils rather than transported off-site.
Conventional septic systems typically consist of a septic tank, distribution box, leach lines and a
leach field or treatment field.
ENHANCED TREATMENT UNIT or ETU: A pre-manufactured structures that provide
enhanced treatment of wastewater prior to discharge to a subsurface soil absorption area. Such
units provide for the biological and physical treatment of wastewater to reduce the amount of
biochemical oxygen demand and total suspended solids of wastewater effluent prior to
distribution to an absorption area. Such units typically lack one of more component part typical
of conventional OWTS.
§ 137-9. INSPECTIONS
A. To confirm compliance with the provision of this Article II, the Town of
Queensbury Building and Codes Enforcement Officer, a designee of such official or other
professional approved/selected by the Queensbury Town Board shall have the right to inspect all
OWTS within the District once every five (5) years to ensure compliance with the provisions of
this Part. The inspection shall include a septic tank pump out by a NYSDEC registered septic
hauler and all seepage pits and septic drainfield distribution boxes (D-box) accepting effluent
from a septic tank, all septic tank inlet and outlet access covers, all pump stations and holding
tank access covers must be uncovered and opened by the property owner or their agent prior to
the inspection. If access covers are more than twelve (12) inches below grade, they must be
outfitted with extension covers. It is the Owner's obligation to arrange for these required actions
and to arrange for the necessary inspections. The OWTS inspection shall utilize the New York
On-site Wastewater Treatment Training Network (OTN) materials, including the OTN System
Inspection Request Form, Findings Worksheet and Site Report (Inspection Findings), all of
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which shall be available in the Building and Codes Enforcement Office. The cost of the
inspection will be established by Town Board Resolution as set forth in the Town's Fee Schedule
Ordinance and shall be the same amount charged for septic inspections performed by the Towns'
Building and Codes Enforcement Official under other provisions of this Code. The cost of
inspections shall be borne by the Property Owner and shall be paid prior to the inspection.
Inspections shall be performed on or before July 15"' of such year.
B. Inspections will not be required within the first five (5) years of installation of
entirely new OWTS provided such OWTS were fully lawful when installed and provided further
that there are no indicia of system failure, including, but not limited to, the appearance of surface
effluent and/or the presence of effluent odors. Lawful OWTS, shall include those that are lawful
by virtue of the issuance of one or more septic variances by the Town Board. For purposes of
this provision, for OWTS to be considered entirely new, their component septic tanks, pump
stations and either leach fields or seepage pits must be new and cannot have been part of the
previous OWTS.
C. Nothing contained in this provision shall prevent additional inspections within
this five (5)-year period if there are any indicia of OWTS failure, including, but not limited to,
the appearance of surface effluent and/or the presence of effluent odors.
D. The Town Board may, in its discretion, contract with a consultant of its choosing
to conduct initial information gathering activities which may include contact and coordination
with landowners to identify the location and nature of the OWTS and/or OWTS components and
create an inventory of all OWTS infrastructure within the District. Related costs shall be a
District expense.
E. Notwithstanding any other provision of this Section 137-9, where an inspection is
required pursuant to Article I of this Chapter, such inspection must be undertaken regardless of
the fact that the OWTS to be inspected has been installed and in use for less than five (5) years at
the time that such inspection is mandated under Article I.
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§ 137-10. MINIMUM STANDARDS. The following minimum standards shall apply to
each inspection:
(a) All septic tanks and holding tanks must be within 250 gallons of the minimum
volume requirement; minimum volume includes bedrooms, rooms used for sleeping,
Jacuzzi tubs and garbage grinders; and
(b) All holding tanks shall be equipped with a float switch -with a 50% level
alarm, a 100% high-level alarm located in a conspicuous place to indicate when pump out
is necessary and a water shut off device. A copy of pump out records shall be submitted
during or prior to the inspection.
§ 137-11. OWTS FAILURES. Failure of an existing OWTS occurs when the standards
for lawful OWTS as set forth in Chapter 136 and this Article are not met. While not exhaustive,
examples of a failing system include the following:
(1) Lack of a pre-treatment vessel (i.e., septic tank, aerobic treatment unit, ETU, etc.)
prior to effluent discharge to any subsurface treatment(soil treatment area or absorption field);
(2) There is a discharge of effluent directly or indirectly to the ground's surface, with
surface breakouts, ponding or saturated soils over the soil treatment area;
(3) Direct pipe surface discharge of grey water (into a dry well, over an embankment,
into a roadside ditch or stream/tributary, etc.);
(4) A dye test results in the presence of dye on the ground surface or
adjacent/downstream water body;
(5) There is a backup of sewage into the home, building, septic tank or facility as a result
of a septic tank overload or malfunction, or a clogged soil treatment area;
(6) The septic tank requires pumping more than four times per year and/or sewage is
observed flowing back into the septic tank from the secondary treatment area during pump out;
(7) Presence of a metal septic tank that is undersized and/or corroded,
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(8) A cesspool, defined as a covered hole or pit used to receive untreated sewage from a
house or building constructed as a primary source of wastewater disposal;
(9) A holding tank that discharges effluent to surrounding subsurface areas;
(10) No septic tank, seepage pit, enhanced treatment unit or soil treatment area (STA)
shall be permitted to discharge to any natural outlet or adjoining property.
§ 137-12. MANDATORY PUMP OUT. Each OWTS within the District must be
pumped out no less than once every five (5) years. Property owners within the District may
individually undertake such effort. In addition, the Town of Queensbury"may arrange for one or
more septic haulers to undertake annual pump-outs of approximately 115 of the properties within
the District. The cost of such,services, if arranged throughout the District shall be a District
expense. Otherwise, each property owner shall be independently responsible for such,costs. In
the event any new OWTS has been installed within the District, no additional inspection or
pump-out shall be required within the five (5) years directly following installation, provided the
owner gives the Town sufficient information and documentation to identify the location of the
OWTS and all its components, the type of system and the manner of its operation.
Notwithstanding the above provision; pump-out of any new OWTS system as described above is
nonetheless required where an inspection pursuant to Article I of this Chapter is mandated.
§ 137-13. EXEMPTION. The requirements of Section 137-8 and 137-11 shall not
apply where the owner has submitted to the Town, on or before July 15"' of the year in which
such activity is to occur, an annual maintenance report demonstrating that such pump out or
inspection has been performed and that the system is functioning properly.
§ 137-14. PROVISIONS OF THIS CHAPTER ARE TO BE READ IN HARMONY.
It is the intention of the Town Board that Article I (Septic Inspection Upon Property
Transfer) and Article II of this Chapter are to be read in harmony wherever possible. However,
in the event of a conflict between the two, the stricter provision or procedures shall apply.
Where a property transfer within this District occurs and-such property is also subject to the
provisions of Article I, any inspection required as a result of that transfer of property must be
performed in accordance with Article I regardless of the inspection cycle established pursuant to
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Article 11 and may result in multiple inspections being performed in the same five (5)-year
period.
§ 137-15. EXEMPTION OF ETUS
ETUs that replace a conventional septic tank are exempt from pump-out requirements
provided 1) the owner provides the Town with a maintenance agreement spanning the following
five (5) years and 2) the owner provides the Town with a written statement of a certified
inspector of such ETU certifying that the ETU is functioning properly and as designed.
§137-16. DISTRICT ADMINISTRATION
(A) The Town Board may, in its discretion, arrange for the administration of this
District by contract with one or more persons or entities of its choosing; and/or by delegating
such authority to one or more Departments and/or�one or more employees of the Town. The
Town Board may determine the scope of authority to be delegated to any such individuals or
entities by Resolution. Administration of this District may include undertaking efforts to
investigate the types, location and status of existing septic systems within the District,
determining the inspection cycle each property owner is to comply with, notifying property
owners of necessary deadlines effecting their systems, making reports to the Town Board,
sharing authority with Town Code�Enforcement Officials to enforce the provisions of this
Chapter and, with the approval of the Town Board, to retain consultant services.
(B) The Town Board may also rely upon the assistance of any ad hoc committee that
it may form to assist in activities necessary for proper administration of this District. However, a
committee"shall not have the authority to enforce any provisions of this Chapter.
(C) All costs-associated with administering this District and this Chapter shall be an
expense of the District.
§ 137-17. OWNER TO UNDERTAKE REQUIRED REPAIRS
Property Owners are responsible to ensure that their OWTS or- ETU is functioning
properly and are obligated to cause any necessary repairs to-be completed within a timely
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manner. All repair costs are the expense of the owner or owners. In the event that an inspection
reveals that all or a part of any OWTS or ETU does not meet or exceed applicable standards, the
Code Enforcement Officer or other Town designated person or entity may direct that the
necessary repairs be made and provide a reasonable amount of time to undertake such remedial
action.
§ 137-18. COSTS INCURRED; VIOLATIONS; PENALTIES FOR OFFENSE.
A. Any and all costs incurred by the District due to a District owner's failure to
undertake the actions required by this Chapter or as a result of the District addressing any
violations thereof may be assessed against the real property and levied and collected in the same
manner as the levy and collection of special ad valorem assessments through inclusion on the
individual tax bills of the property at issue. Costs assessed.in this way shall include all actual
expenses incurred by the District on behalf of such owner and any Application Fees that would
have been required had the owner complied with the provisions hereof.
B. Appearance tickets/information. The Town Enforcement Officer, or such other
person designated by the Town Board or authorized by law, upon receipt of a complaint or upon
such person's own initiative, may commence proceedings in Queensbury Town Court by issuing
an appearance ticket and/or filing an information or a summons and complaint with the
Queensbury Town Court pursuant to New York law.
C. Penalties. Violation of any provision of this Article shall constitute a violation,
punishable by an assessment of civil penalties of $950 or a fine not exceeding $950, or
imprisonment for a term not exceeding 15 days, or both. Each week such violation continues
after notification to the person in violation shall constitute a separate violation.
E. Civil Actions and Penalties. In addition to any other remedies provided by this
Article, the Town may commence a Civil Action in a Court of competent jurisdiction to compel
compliance with this Article and/or to seek monetary penalties for violation of its provisions.
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Section 6. Severability —The invalidity of any clause, sentence, paragraph or provision
of this Local Law shall not invalidate any other clause, sentence, paragraph or part thereof.
Section 7. Repealer — All Local Laws or Ordinances or parts of Local Laws or
Ordinances in conflict with any part of this Local Law are hereby repealed.
Section 8. Effective Date—This Local Law shall be effective upon filing by the New
York State Department of State.
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