As used in this chapter, the following terms
shall have the meanings indicated:
ADEQUATELY FUNCTIONING
A wastewater treatment system inspected pursuant to §
139-18B 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 officer, Health Officer, Watershed Inspector or
other official(s) designated by the town or other regulatory agency
having the responsibility to enforce the provisions of this chapter.
BOARD OF HEALTH
The Town Board of the Town of South Bristol, convened as
a Board of Health pursuant to law.
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 a different type of commercial use; change from commercial to residential
use, or residential to commercial use; change from seasonal to year-round
use). A change of use shall also include the removal and replacement
of a manufactured or mobile home dwelling, if such replacement is
likely to result in an increase in hydraulic loading.
COMMERCIAL-INDUSTRIAL WASTES
Any and all wastes other than domestic or human excreta,
but not limited to the wastes from commercial, laboratory and industrial
processes, wastes from domestic operations or certain trade operations,
such as sand grit, waste petroleum products from automotive service
stations and the like.
CONVEYANCE OF REAL PROPERTY
The transfer of 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.
DEC
The appropriate official or officials of the New York State
Department of Environmental Conservation.
DEPARTMENT OF HEALTH
The appropriate official or officials of the New York State
Department of Health.
DESIGN PROFESSIONAL
A person licensed or registered in the State of New York
and authorized by New York State Education Law to design wastewater
treatment systems described in 10 NYCRR Appendix 75-A.
DISTANCES
The shortest horizontal linear distance from the nearest
point of a structure or object to the high-water mark of Canandaigua
Lake or the edge, margin or top of a precipitous bank forming the
ordinary high-water mark of a watercourse.
MINOR ALTERATIONS
As used in this chapter, the routine maintenance and repairs
to a 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 or
distribution box or any addition, alteration or rearrangement of water
distribution or drainage piping. Unless herein listed, the authority
having jurisdiction shall determine whether a proposed change or repair
qualifies as a minor alteration.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site
requiring the installation of a wastewater treatment system and not
currently utilizing the same.
RECEPTACLE
Privy pits, holding tanks or other structures or containers
for the storage of or disposal of human excreta, commercial-industrial
waste and/or sewage, equipped with a properly functioning alarm system,
other than a sewage disposal facility, as hereinafter defined.
SEWAGE
Waste liquids containing human excreta, commercial-industrial
waste and decomposing matter, waste liquid from bathrooms, kitchens
or laundries or polluted liquids of any kind in or from the drainage
system or sewer of a domestic dwelling or any structure occupied for
commercial, recreational, institutional or industrial purposes.
SEWAGE DISPOSAL FACILITY
Any approved units or system of units or devices designed
to treat, purify, dissolves and/or distribute sewage. The minimum
standard of design and placement of every element of the sewage disposal
facility shall be in accordance with 10 NYCRR Appendix 75-A.
WATERCOURSE
Every spring, pond, stream, marsh or channel of water of
any kind, the waters of which flow or may flow into Canandaigua Lake
or other source of public water supply.
WATERSHED
That body of land from which or through which water drains
into a watercourse.
No garbage, refuse or putrescible matter shall
be deposited in the lake or any watercourse or on or beneath the surface
of the watershed within a one-hundred-foot distance of the lake or
of any watercourse.
No manure piles shall be maintained or allowed
to remain within a one-hundred-foot distance of the lake or any watercourse,
provided that this section shall not prohibit the normal spreading
of manure which is not in piles, unless such activity shall otherwise
be prohibited by law or regulation.
On sites with topographic, size 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 are met, to the greatest
extent possible. In evaluating 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 of
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 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 follwing 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 Code of 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.
E. In addition to approvals required herein, wastewater treatment systems, within the Canandaigua Lake Watershed, are subject to review and approval by the Canandaigua Lake Watershed Inspector pursuant to New York State Public Health Law and Section 132.1 of Part 132 of Title 10 of the New York State Code of Rules and Regulations (10 NYCRR). All areas within the Town of South Bristol situate outside the limits of the Canandaigua Lake Watershed are subject to review and approval by the Ontario County Soil and Water Conservation District pursuant to §
139-11B of this chapter.
The fees for any permit issued or inspection
performed pursuant to this chapter shall be determined from time to
time by the Town Board of the Town of South Bristol.