§ 18-37.
RCNY § 18-37
(d)The design, construction and plans for a new sewer system or sewer extension shall require the review and approval of the Department. Any proposed alteration or modification of a sewer system shall require the review and approval of the Department.
(e)Any approval of a new or an alteration or modification of an existing sewer system, sewer extension, or sewer connection subject to Department approval pursuant to 15 RCNY § 18-37(c)(3), issued by the Department expires and is null and void unless construction is completed within five (5) years of the date of issuance. Following expiration of the approval, the plans for the sewer system may be resubmitted to the Department for consideration for a new approval.
(f)The criteria used by the Department to approve any new sewer system, sewer extension, or sewer connection subject to Department approval pursuant to 15 RCNY § 18-37(c)(3) or the portion of any sewer system or such sewer connection which is being altered or modified, shall be all applicable requirements of law, including the standards set forth in the following documents: (1) "New York State Design Standards for Intermediate Sized Wastewater Treatment Systems," New York State Department of Environmental Conservation (2014); (2) "Recommended Standards for Wastewater Facilities," Great Lakes-Upper Mississippi River Board of State and Provincial Public Health and Environmental Managers (2014); (3) 19 NYCRR Part 1222 (Plumbing Code of New York State).
(g)All sewer systems and sewer extensions 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 one or more of the following: (1) The SPDES authorized flow limit of the wastewater treatment plans to be exceeded; (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; or (3) A bypass of any portion of a treatment facility that would be prohibited pursuant to 6 NYCRR Subpart 750-2.
(h)All sewer systems and sewer extensions 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 C.F.R. Part 403, shall submit three copies of the engineering report, plans and specifications, prepared by a licensed design professional, in compliance with 40 C.F.R. Parts 403, 406-471 and any applicable local regulations, to the Department for its review and approval.
(j)Application Requirements for Sewer Systems and Sewer Extensions. An application for review and approval of any sewer system or sewer extension shall include the following information: (1) Tax map number and, where available, building permit number, for each property to be served by the proposed sewer system or sewer extension; (2) Letter of flow acceptance from the owner of the receiving wastewater treatment plant, when available; (3) An engineering report presenting the proposed flow and supporting design calculations; and (4) Four (4) sets of plans showing: (i) site location in relation to established sewer district; (ii) distances to wells, watercourses, rock outcroppings, wetlands, controlled lakes and reservoirs; (iii) system profile including all connections, manholes and required pump stations; (iv) design details and specifications of system components including pipe sizes and pump capacities; (v) where applicable, a copy of the application for modification of the SPDES permit for the receiving wastewater treatment plant and, if available, any draft revisions to such SPDES permit; and (vi) construction phasing.
(5)An application for review and approval of a sewer system must include an operation and maintenance plan for the sewer system, which may be a component of the operation and maintenance plan for the treatment facility served by the sewer system; and (6) An Environmental Assessment form and State Environmental Quality Review Act determination, if applicable.
(k)All approvals for sewer systems and extensions are conditioned on the applicant's submission of as-built drawings, prepared by a design professional, once construction is complete.
(l)As a condition of approval the Department may require evidence of financial security prior to construction, from any owner or operator of a new sewer system or sewer extension or a substantial alteration or modification to an existing sewer system. Such financial security shall consist of a bond, or an equivalent guaranty, to be deposited with the Department, covering the full cost of the construction of such facility and an additional bond or an equivalent guaranty for the payment of labor and material furnished in the course of such construction. Upon completion of construction and payment of labor and materials, such bonds or other guaranties shall be released. Additionally, a bond or equivalent guaranty may be required for the maintenance and operation of the facility for a period of five years post-construction. No bond or guaranty is required where the owner or operator of such a facility is a village, town, county or city. (Amended City Record 10/30/2019, eff. 11/29/2019)
