In addition to the definitions contained in the New York State Public
Health Law and the Uniform Fire Prevention and Building Code, which are incorporated
herein by reference, the following words and terms shall be defined as follows:
ADEQUATELY FUNCTIONING
A wastewater treatment system inspected pursuant to section §
135-20 of this chapter that is determined by the authority having jurisdiction as not posing a public health threat by virtue of aboveground seepage or contamination of surface or ground water. For the purpose of this chapter, an "adequately functioning" system shall always include a watertight vessel.
AUTHORITY HAVING JURISDICTION
The Code Enforcement Officer, Health Officer or other official(s)
designated by a local municipality, or other regulatory agency, having the
responsibility to enforce the provisions of this chapter.
CHANGE OF USE
A use of land, with an associated building and wastewater treatment
system, that is modified so as to likely cause an increase in hydraulic loading
(e.g., change from an existing commercial use to residential use; change of
an existing residential use to commercial use; change of a commercial use
to a different type of commercial use). A change of use shall also include
the removal and replacement of a manufactured or mobile home dwelling.
CONVEYANCE OF REAL PROPERTY
The transfer of the title of real estate from one to another, in
the form of a deed or other legal instrument, filed in the office of the Ontario
County Clerk, other than a transfer of title between related parties after
which the occupancy of the premises does not change. The term "related parties"
shall include but not be limited to members of the same family, a corporation
and its principal shareholders, a trust and those having a beneficial interest
and a partnership and the members of that partnership.
DESIGN PROFESSIONAL
A person licensed or registered in the State of New York and authorized
by the New York State Education Law to design the systems described in 10
NYCRR Appendix 75-A.
LOCAL GOVERNING BODY
The municipal corporation charged with authority to act as the Local
Board of Health as defined by the New York State Public Health Law.
MINOR ALTERATIONS
Routine maintenance and repairs to the wastewater treatment system,
including but not limited to the following: replacement of septic tank covers
or baffles, replacement of distribution box covers, replacement of cracked
pipes, pumping of the septic tank and replacement of mechanical pumps and
devices. "Minor alterations" shall not include replacement of a septic tank,
distribution box or any addition, alteration or rearrangement of water distribution
or drainage piping. Like examples of minor alterations not specifically listed
in this definition shall be determined by the authority having jurisdiction.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site requiring
the installation of a wastewater treatment system and currently not utilizing
the same.
SEWAGE
The combination of human and household waste with water which is
discharged to the plumbing system, including the waste from a flush toilet,
bath, shower, sink, lavatory, dishwashing or laundry machine, or the water-carried
waste from any fixture, equipment or machine.