Failed System means, without limitation, an on-site liquid waste system that does not operate as permitted, that does not provide a level of treatment at least as effective as that provided by on-site liquid waste systems that meet the requirements of 20.7.3 NMAC or that poses a hazard to public health or degrades a body of water; and
Failed System means any subsurface sewage disposal system or system that allows wastewater to discharge or flow from it into the interior of any building served or into any storm drain, stream, water body, gutter, street, roadway or public place, or if wastewater discharges from said system to the surface or subsurface of any property and creates a nuisance or condition detrimental to health and the environment as determined by the commissioner, the local Director of Health or as designated by the Public Health Code.
Failed System means a wastewater treatment and/or disposal system that no longer provides the treatment and/or disposal for which it was intended, or violates any of the requirements that were in place at the time that the system was approved or permitted.
More Definitions of Failed System
Failed System means a wastewater system that is functioning in a manner; (A) that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless in any of these instances the approved design of the system specifically requires the system to function in such a manner; or (B) so that a potable water supply is contaminated and rendered not potable; or (C) that presents a threat to human health
Failed System means a wastewater system that is functioning in a manner:
Failed System means any individual sewage disposal system that does not adequately treat and dispose of sewage so as to create a public or private nuisance or threat to public health and/or environmental quality, as evidenced by, but not limited to, one or more of the following conditions:
Failed System means any Cesspool or Individual Sewerage System that does not adequately treat and/or disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by and including, but not limited to, one or more of the following conditions:1. Continued failure to accept wastewater into the building sewer;2. Continued discharge of wastewater to a basement, subsurface drain, stormwater collection, conveyance or treatment device, or watercourse unless expressly permitted by the Department;3. Wastewater rising to the surface of the ground over or near any part of an OWTS or seeping from the Absorption Area at any change in grade, bank or road cut;4. Where pumping of the Cesspool, septic tank, I/A OWTS, or Leaching Structure is required four or more times per year due to the infiltration of groundwater into the system, a collapsed Leaching Structure, or clogged Absorption Area which does not allow effluent to infiltrate the surrounding soils. This condition excludes grease trap maintenance or commercially reasonable, regular/scheduled preventative maintenance of a Cesspool, septic tank, I/A OWTS, or Leaching Structure. The Department may promulgate Standards pursuant to this Article defining commercially reasonable, regular/scheduled preventative maintenance;5. Where groundwater seeps into a septic tank, Cesspool, pump tank/basin, distribution box/manhole, or Leaching Structure after it is pumped;6. Any structural damage or deterioration that has caused structural damage to the Individual Sewerage System, as determined by a NYS Licensed Design Professional or a contractor/Developer holding an active Liquid Waste License pursuant to Suffolk County Code Chapter 563, Article VII (Septic Industry Businesses) through the Suffolk County Department of Labor, Licensing and Consumer Affairs. A determination of structural damage or deterioration that causes structural damage by a NYS Licensed Design Professional (registered architect or licensed professional engineer) shall supersede a Liquid Waste License holder’s determination.
Failed System means a seepage pit, cesspool, drywell, leaching pit, other pit, a tank that obviously leaks below the designated operating depth, or any system with less than the required vertical separation as described in 7080.0060, subpart 3.