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 § 159-9 of this chapter.
B. 
It shall be unlawful to change the use of real property, convey real property or expand a building or dwelling, including its use, by greater than 50%, without an inspection of the wastewater treatment system by the authority having jurisdiction, pursuant to §§ 159-19 and 159-20 of this chapter.
C. 
It shall be unlawful to use or maintain any wastewater 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 Code of 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 multihome developments, 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 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 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 Code of 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 they may be from time to time be amended, of the 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. 
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 § 159-8 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) identified below or to those systems determined by the authority having jurisdiction to be adequately functioning.
(1) 
Individual household wastewater treatment systems legally installed or repaired prior to December 1, 1990.
(2) 
Intermediate-sized Wastewater Treatment Systems legally installed or repaired prior to January 1, 1988.
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. In considering site limitations, the authority having jurisdiction shall take the following into consideration:
A. 
Distance separations to drinking water supplies and watercourses.
B. 
The imminent health hazards resulting from a currently failed system.
C. 
Existing lot line setbacks and area requirements as related to individual properties.
D. 
The extent to which the limitations are self-created.
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 above ground pools or to install driveways or parking areas over sanitary disposal fields.
In addition to approvals required herein, a review and approval of 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 11 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 Code of Rules and Regulations (10NYCRR).
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 proper 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 § 159-19 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 required 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.