§ 18-35 Human Excreta, Holding Tanks, and Portable Toilets.
RCNY § 18-35
(a)Unless otherwise permitted by these rules and regulations, a discharge, or storage which is reasonably likely to lead to a discharge, of human excreta, or a discharge, or storage which is reasonably likely to lead to a discharge, from a holding tank, into the environment (including into groundwater), and which is reasonably likely to cause degradation of surface water quality or of the water supply, is prohibited. It shall be an affirmative defense under this subsection that such discharge, or storage likely to lead to a discharge, is either permitted or not prohibited under federal law, and is either permitted or not prohibited under state law.
(b)Emptying, discharging or transferring the contents of a holding tank or other sewage receptacle into any watercourse, wetland, reservoir, reservoir stem, or controlled lake is prohibited.
(c)All new holding tanks and non-waterborne systems designed for sewage in quantities of less than 1,000 gallons per day from residential properties that are either permitted or not prohibited under 10 NYCRR Appendix 75-A may be used in the watershed provided that they are constructed and operated in accordance with the following standards: (1) Such holding tanks must have a capacity equal to at least five (5) days' design flow, with a minimum capacity of 1,000 gallons.
(2)Such holding tanks must be equipped with an alarm (audible and visible) located in a conspicuous place to indicate when pump-out is necessary.
(3)Such holding tanks must be designed, installed and maintained in a manner to promote ease of access for pumping and cleanup.
(4)If such holding tanks will be used in the winter, the tanks must be protected from freezing.
(d)New holding tanks designed for sewage in quantities of 1,000 gallons per day or more, or from non-residential properties, that are either permitted or not prohibited under state law, may be used in the watershed provided that they are constructed and operated in accordance with the following standards: (1) The owner of such a holding tank must have and maintain an agreement with a professional hauler for disposal of waste at a facility that is permitted to accept septage, as defined in 6 NYCRR Part 364.
(e)Portable toilets shall not be located within the limiting distance of 50 feet of a mapped stream, wetland, reservoir, reservoir stem, or controlled lake and, to the extent practicable, are not located within the limiting distance of 50 feet from a watercourse other than a mapped stream. (Amended City Record 10/30/2019, eff. 11/29/2019)
