The purpose of these regulations is to preserve and protect
the quality of Keuka Lake as well as surface water and groundwater
in the Village of Penn Yan. These standards are established to ensure
adequate performance of wastewater treatment systems, to protect public
health and to optimize the effectiveness of the systems at removing
nutrients from wastewater.
These regulations shall be applicable throughout the Village
of Penn Yan and apply to all wastewater systems not subject to continuous
licensing or regulations by the New York State Department of Environmental
Conservation hereafter referred to as "NYSDEC," or New York State
Department of Health, hereafter referred to as "NYSDOH."
In the event that any section, paragraph, subdivision or provision
of this chapter shall be determined to be invalid or unconstitutional
by any court of competent jurisdiction, such determination shall not
affect the validity of this chapter as a whole or any part or provision
thereof other than the part determined to be invalid or unconstitutional.
All definitions (printed) contained in Appendix 75-A to the
NYSDOH Code of Rules and Regulations shall be applicable to this chapter.
Additional definitions include:
AGENT
A person or entity requested, employed or contracted by an
owner or owners, occupant or lessee.
APPROVED OTN REGISTERED ONSITE WASTEWATER TREATMENT SYSTEM INSPECTOR
Any inspector that has fulfilled the requirements of the
New York Onsite Wastewater Treatment Training Network, Inc. (OTN)
for inspection of wastewater systems and is registered and has been
approved by the KWIC and the municipality where the inspection is
to be performed.
DISTANCES
The shortest horizontal linear measurement from the nearest
point or structure or object to the high water mark of the nearest
watercourse or the edge, margin or top of precipitous bank forming
the mean high water mark of a watercourse.
KWIC
Keuka Watershed Improvement Cooperative.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site
and requiring a new wastewater system and currently not utilizing
an adequately functioning wastewater system.
NSF
The National Sanitation Foundation founded in 1944 and accredited
by the American National Standards Institute (ANSI) and by the Standards
Council of Canada (SCC) in Canada.
REGULATORY OFFICER
The Watershed Inspector and/or the KWIC's Watershed
Manager with duties as described in the KWIC Policy and Procedures
Manual.
REPLACEMENT WASTEWATER SYSTEM
Any construction or modification of a system for an existing
building which already has a system. Complete replacement of a system
for an existing property with a system shall be considered a replacement
wastewater system.
WASTEWATER
Any fluid containing sewage or other contaminated liquids
of any kind in or from the drainage system or sewer of a domestic
dwelling or any other structure utilized for commercial, recreational,
agricultural, institutional, or industrial purposes.
WATERCOURSE
Any stream, creek or other waterway so designated by the
KWIC after consultation with the Yates and Steuben County Soil and
Water Conservation Districts and the Department of Environmental Conservation
and published on a set of maps.
Wastewater from any new construction shall be discharged directly
into public wastewater disposal systems if available and accessible
within 100 feet of the property line. In the event that there is no
public wastewater disposal system available within 100 feet of the
subject property line, residential, commercial or institutional wastewater
must be treated by a wastewater treatment system approved by a regulatory
officer.
There shall be two zones within the Village for the protection
of water, public health and safety. Zone 1, or the Critical Water
Protection Zone, shall include any lot with an on-site wastewater
system located within 200 feet of a lake or watercourse. Zone 2 shall
include all other lands in the Village.
No wastewater system shall be placed in operation, or any new
building, structure or mobile home occupied, until a permit to operate
has been issued by the regulatory officer, indicating that such system
has been constructed and is operating in compliance with the wastewater
system construction permit.
A written notice of violation shall be issued to any property
owner with a wastewater disposal system determined to be in violation
hereof or applicable rules and/or regulations, stating the date by
which corrective action shall be completed. Any violation existing
beyond that date shall be an offense punishable by a fine not to exceed
$250 and/or imprisonment not to exceed 15 days per violation. Each
week of violation shall be considered a separate offense. In the event
of continued violations, the regulatory officer may apply for an injunction
or other relief, including property condemnation from a court of competent
jurisdiction.
The fee for inspections and permits shall be set by resolution
by the Board of Trustees based upon the recommendation of KWIC.