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 § 162-9 of this chapter.
B. 
It shall be unlawful to change the use of real property or expand a building or dwelling, including its use, by greater that 50%, without an inspection of the wastewater treatment system by the authority having jurisdiction, or a state-certified inspector, pursuant to §§ 162-19 and 162-20 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 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 or conservation housing/subdivisions or other multihome 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 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 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 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."
Any alterations to a wastewater treatment system may require a permit, including but not limited to interior piping changes, header pipe replacement, septic tank replacement, distribution box replacement. Any alterations to leaching systems require an engineered design and a permit.
On sites with topographical, physiographical 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; and
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 aboveground pools, or to install driveways or parking areas over sanitary treatment fields.
A. 
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:
(1) 
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.
(2) 
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);
(3) 
Any facility required to be permitted by the NYSDOH; and
(4) 
Any on-site individual wastewater treatment system or other system with effluent in excess of 1,000 gallons per day.
B. 
In addition to approvals required herein, wastewater treatment systems are subject to review and approval pursuant to New York State Public Health Law, Section 132.1 of Part 132 of Title 10 of the New York Codes, Rules and Regulations (10 NYCRR).
[Amended 3-10-2020 by L.L. No. 1-2020]
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 new or alerted wastewater treatment system meets the requirements of this chapter and the standards of applicable state laws.
B. 
Property owners shall retain the services of a licensed design professional, OTN registered inspector or the Ontario County Soil and Water Conservation District to conduct inspections performed pursuant to 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 on which a wastewater treatment system is believed to be a cause or potential cause of pollution or health hazard.