A.
It shall be unlawful to install, construct, alter, replace, enlarge, extend or otherwise modify any wastewater treatment system unless a wastewater treatment permit is issued by the authority having jurisdiction, except as specifically exempted in § 135-9 of this chapter.
C.
It shall be unlawful to use or maintain any wastewater
treatment system that is not adequately functioning.
D.
It shall be unlawful to discharge anything but sewage
into a wastewater treatment system. Surface and subsurface water, including
roof, cellar, foundation and storm drainage, shall not be discharged into
the wastewater treatment system and shall be disposed of so as to in no way
affect the proper functioning of the system.
A.
Individual household systems. Any wastewater treatment
system for new individual household construction shall be designed and built
according to the requirements of this chapter and the requirements, as they
may from time to time be amended, of the New York State Department of Health
(NYSDOH) standards for sewage disposal for individual household systems. Those
design requirements are found in Appendix 75-A of Part 75 of Title 10 of the
New York Codes, Rules and Regulations (10 NYCRR).
B.
Intermediate-sized sewerage systems. Any wastewater treatment
system for new commercial or institutional construction, as well as cluster
housing or other multi-home developments, shall be designed and built according
to the requirements of this chapter and the requirements, as may from time
to time be amended, of the New York State Department of Environmental Conservation
(NYSDEC) standards for sewage disposal for intermediate-sized sewerage facilities.
Those design requirements are found in the NYSDEC manual "Design Standards
for Wastewater Treatment Works. Intermediate-Sized Sewerage Facilities."
A.
Individual household systems. Any installation, construction,
alteration, replacement, enlargement, extension, repair or other modification
of an existing on-site individual household wastewater treatment system shall
be designed and built according to the requirements of this chapter and the
requirements, as they may from time to time be amended, of the New York State
Department of Health (NYSDOH) standards for sewage disposal for individual
household systems. Those design requirements are found in Appendix 75-A of
Part 75 of Title 10 of the New York Codes, Rules and Regulations (10 NYCRR).
B.
Intermediate-sized sewerage systems. Any installation,
construction, alteration, replacement, enlargement, extension, repair or other
modification of an existing intermediate-sized sewerage system, shall be designed
and built according to the requirements of this chapter and the requirements,
as may from time to time be amended, of the New York State Department of Environmental
Conservation (NYSDEC) standards for sewage disposal for intermediate-sized
sewerage facilities. Those design requirements are found in NYSDEC manual "Design
Standards for Wastewater Treatment Works: Intermediate-Sized Sewerage Facilities.
A.
Minor alterations to wastewater treatment systems shall
not require a wastewater treatment permit, provided that such repairs are
made with like or similar materials so as to replace existing conditions in
need of repair and are done in a safe and sanitary manner.
B.
The design standards found in § 135-8 of this chapter shall not apply to existing wastewater treatment systems legally installed, repaired or approved by the authority having jurisdiction prior to the date of adoption of this chapter and after the dates identified in Subsection B(1) and (2) below or those systems determined by the authority having jurisdiction to be adequately functioning:
A.
On sites with topographic, physiographic or other limitations,
the authority having jurisdiction shall utilize current technology and design
methods to remedy failed or improperly functioning systems, provided that
applicable state standards, to the greatest extent possible, are complied
with.
B.
In considering site limitations, the authority having
jurisdiction shall take the following into consideration:
Wastewater treatment systems shall be maintained in good working order.
There shall be no activities or conditions permitted which would interfere
with the proper operation of wastewater treatment systems. It is specifically
prohibited to construct or place buildings, to install paving, to plant trees
or shrubs, to regrade or place fill, to allow crossing by vehicles, to install
aboveground pools or to install driveways or parking areas over sanitary disposal
fields.
In addition to approvals required herein, a review and approval by the
New York State Department of Health (NYSDOH) or the New York State Department
of Environmental Conservation (NYSDEC), if appropriate, shall be required
for the following conditions:
A.
Any realty subdivision as defined by Article 11, Title
II, of the New York State Public Health Law or Article 17, Title 15, of the
New York State Environmental Conservation Law.
B.
Any alternative system as defined by Appendix 75-A of
Part 75 of Title 10 of the New York Codes, Rules and Regulations (10 NYCRR).
C.
Any facility required to be permitted by the NYSDOH.
D.
Any on-site individual wastewater treatment system or
other system with effluent in excess of 1,000 gallons per day.
A.
The authority having jurisdiction shall have the right
to require that the property owner retain the services of a design professional
to conduct site and soil appraisals (percolation tests and deep holes) and
to design and certify that the wastewater treatment system meets the requirements
of this chapter and the standards of applicable state laws.
B.
The local governing body shall have the right to contract with the Ontario County Soil and Water Conservation District through its Uniform Inspection Procedures Program for site and soil appraisals and inspections performed pursuant to § 135-19 of this chapter.
C.
Wastewater treatment systems that are defined as an alternative
system pursuant to 10 NYCRR Appendix 75-A shall be certified by a design professional.
A.
The authority having jurisdiction shall be permitted
by the property owner to make a physical inspection of the lands and premises
for which a wastewater treatment system permit or inspection has been requested
in order to determine that all of the requirements of this chapter have been
complied with.
B.
The authority having jurisdiction, upon complaint or
show of cause, shall be permitted by the property owner to make a physical
inspection of the lands and premises for which a wastewater treatment system
is believed to be a cause or potential cause of pollution or health hazard.