§ 22-5. Soil testing in all primary and reserve sewage disposal systems.

(a) 

Soil testing on a property is only considered valid by the New Milford Health Department when observed by the Director of Health or his/her authorized agent or as an alternative when performed by a professional engineer and results are consistent with knowledge of the area from other soil tests recorded by the New Milford Health Department. In regard to percolation testing, when results are inconsistent or erratic and the property owner wants to use the faster test result, the property owner must perform a minimum of three additional percolation tests to confirm the faster result. The slowest or more conservative result shall be used for designing the leaching system. Likewise, when the results of the deep test holes show varying depths to groundwater, mottling and/or hardpan, the property owner or his/her agent shall use the more conservative result for designing the leaching system or provide additional soil data to demonstrate the accuracy of another result.

(b) 

Prior to issuance of a permit to construct a septic system, the soil drainage characteristics and the level of highest groundwater shall be determined by conducting soil tests in accordance with § 22-2. The testing is to be witnessed by the Director of Health or an authorized representative or as described in accordance with § 22-5(a). Each proposed building lot, parcel or approval for a sewage disposal system requires a minimum of one deep observation pit and one percolation test. The Director of Health has the authority to require additional deep observation pits and/or percolation tests if soil conditions warrant such additional testing.

Editor's Note: See the definition of "soil testing" in § 22-2.

(c) 

High groundwater levels may be determined by examining the soil profile in the deep test pits and observing where mottling appears. The depth where soil mottling appears shall then be considered the level of high groundwater. When, due to the time of year that the soil profile in deep test pits is examined, the conditions are inadequate for the Director of Health or authorized agent to accurately determine the depth of soil mottling or maximum groundwater level, the test shall be deemed inconclusive and shall be measured during the normal wet time of the year (February 1 to May 31).

(d) 

Soil tests and groundwater monitoring may be conducted during the normal wet time of the year to determine the maximum groundwater level. Soil conditions shall be presumed to be suitable unless the Director of Health has posted a notice in writing in the New Milford Town Clerk's office that ground conditions are not suitable for determining maximum groundwater level and the wet season testing and monitoring period is being extended or otherwise modified. Said notice shall be posted at least three days prior to the date on which it is effective and shall continue until rescinded by a further notice in writing that ground conditions are again suitable for determining maximum groundwater level.

Ord. of 9-24-2007