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Town of Ontario, NY
Wayne County
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Table of Contents
Table of Contents
It shall be unlawful for any person to place, deposit or permit to be deposited, in any unsanitary manner, on public or private property within the Town of Ontario or in any area under the jurisdiction of said municipality, any human or animal excrement, garbage or objectionable waste. Also, no person shall discharge domestic sewage onto the surface of the ground or discharge it in a way that permits it to come to the surface of the ground.
No person shall connect a private sewage system so that sewage flows into a storm sewer or into a drain intended exclusively for stormwater.
No person shall discharge sewage into a well.
It shall be unlawful to discharge to any natural outlet within Town of Ontario or in any area under the jurisdiction of said municipality any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
No property owner, builder or developer shall be issued a building permit for a new dwelling or structure requiring sanitary facilities unless a suitable and approved method of wastewater disposal, conforming to this chapter, is available. All housing construction or building development which takes place after this chapter is enacted shall provide for an approved system of sanitary sewers.
Except as hereinafter provided, it shall be unlawful to construct or maintain any privy, privy vault, cesspool, septic tank or other facility intended or used for disposal of wastewater.
A. 
The owner of any improved property abutting on or adjoining any street or right-of-way in which the original sewer system is located shall connect said improved property in such manner as this Town may require within 24 months after the Town has served public notice that the wastewater facilities are certified for operation. Failure to make said connection shall be considered a violation of this chapter, and the owner of the improved property shall be liable to fines as specified in Article XI, § 114-84.
B. 
Notwithstanding Subsection A of this section, the owner of any improved property abutting on or adjoining any street or right-of-way in which a new sewer extension is constructed, and provided that such property is set back 300 feet or more from such street or right-of-way, shall connect said improved property in such manner as this Town may require, upon the earlier of:
[Amended 11-23-2015 by L.L. No. 5-2015]
(1) 
One hundred twenty months after the Town Board or an officer designated by the Town Board has served public notice that the sewer facilities are certified for operation; or
(2) 
Failure, as determined by the Health Officer or Code Enforcement Officer, of the private sewage disposal system servicing the improved property. Upon failure of this private system servicing the property, be it septic system, raised fill system or other type of private sewage disposal system, the owner shall be required to connect to the public sewer system.
C. 
The owner of any improved property not required to connect to the system under Subsection A of this section due to the exceptions set forth in Subsection B of this section shall nevertheless be required to pay the facilities fee set forth in Article XII, § 114-114. The connection fee required under Article VI, § 114-46 shall be required to be paid at the time such connection is made.
The use of the Town of Ontario public sewers shall be strictly limited and restricted, except as provided in Article IX, to receive and accept the discharge of sewage and other wastes, including industrial wastes generated on or discharged from real property within the bounds of the Service Area of the POTW.
A. 
The Ontario Town Board, on the recommendation of the Superintendent of Water Utilities, shall have the authority to enter into agreements to accept sewage and other wastes, including industrial wastes, generated by or discharged from persons outside the service area of the POTW.
B. 
If the person is a municipality, that municipality shall have enacted a sewer use law as restrictive on the discharge of sewage and other wastes as the restrictions contained in this chapter.
C. 
If the person is not a municipality, the discharge shall be made only with the expressed written consent of the Superintendent (the issuance of a permit) setting forth the terms and conditions of such a discharge.
At the recommendation of the Superintendent, who determines that one or more segments of the POTW is exceeding its hydraulic capacity at any time and/or that any specific purpose of this chapter is being violated, the Ontario Town Board shall have the authority to limit or deny new connections to the POTW until the conditions leading to the moratorium are corrected. Such correction may be by:
A. 
Construction of new facilities.
B. 
Enlarging existing facilities.
C. 
Correction of inflow and infiltration.
D. 
Cleaning and repairing of existing facilities.
All requirements, directives and orders calling for mandatory use of the sewers within the Service Area of the POTW for the proper discharge of sewage and other wastes, including industrial wastes, shall be established and given by the Ontario Town Board, NYSDEC, USEPA and/or other such state or federal agencies which have enforcement powers.