In addition to the definitions contained in the New York State
Public Health Law and Uniform Fire Prevention and Building Code, which
are incorporated herein by reference, the following words and terms
shall be defined as follows:
ADEQUATELY FUNCTIONING
An on-site wastewater treatment system that meets the design standards specified in §
120-7 of this chapter and shows no evidence of failure.
AUTHORITY HAVING JURISDICTION
The Code Enforcement Officer, Health Officer, or other official(s)
designated by the Town of South Bristol or other regulatory agency,
having the responsibility to implement and enforce the provisions
of this chapter. Within the Canandaigua Lake Watershed, the authority
having jurisdiction shall also include the Canandaigua Lake Watershed
Inspector, who is designated by the Canandaigua Lake Watershed Commission
and who shall have the joint responsibility to implement the provisions
of this chapter. The Canandaigua Lake Watershed Inspector will work
in partnership with the Town of South Bristol. Final determinations
and enforcement authority of this chapter shall reside with the Town
of South Bristol.
BEDROOM AND/OR BEDROOM EQUIVALENT
For the purpose of determining the size of an individual
on-site wastewater treatment system, "bedroom and/or bedroom equivalent"
shall mean a room with certain features characteristic of bedrooms,
generally which include, but not limited to the following:
A.
Reasonable access to a full bathroom on the same floor (or within
a half floor if the house is a split level); or
B.
Adequate means to close off the room for privacy; and/or
C.
A minimum of 70 square feet in size.
BUILDING
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals,
property or business activity. See also "dwelling" and "structure."
CANANDAIGUA LAKE
The location where the mean high water level of Canandaigua
Lake of 689.40 feet above sea level intersects the adjoining parcel.
Distance measurements from Canandaigua Lake shall be a horizontal
distance and shall be measured from the closest location.
CHANGE OF USE
A use of land with an associated building and on-site 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 residential use; change of an existing residential use to commercial
use; change of a commercial use to a different type of commercial
use).
CONVEYANCE OF REAL PROPERTY
The transfer of the title of real estate, in the form of
a deed or other legal instrument, filed in the Office of the Ontario
County Clerk, which involves none of the transferors of such deed
or other legal instrument remaining in possession of such real estate.
Non-arm's-length transfers of title, transfers of an interest in title
where one or more of the transferors remain in possession of such
real estate and transfers of title to a spouse and/or one or more
children, including transfers from a transferor's estate, shall not
be considered a conveyance of real property under this chapter.
DESIGN PROFESSIONAL
A person licensed or registered in the State of New York
and authorized by the New York State Education Law to design the systems
described in 10 NYCRR Appendix 75-A per NYSDOH Fact Sheet "Need for
Licensed Design Professionals - Residential Onsite Wastewater Treatment
Systems," dated January 2004, as amended.
ENHANCED TREATMENT
The biological and physical treatment of wastewater to reduce
the amount of biochemical oxygen demand (BOD) and total suspended
solids (TSS) of wastewater effluent prior to distribution to an absorption
area.
ENHANCED TREATMENT UNIT
Premanufactured structures that provide enhanced treatment
of wastewater prior to discharge to a subsurface soil absorption area.
FAILURE
A condition existing within an on-site wastewater treatment
system, which causes the system to function in an unsanitary manner
and which results in the discharge of untreated or partially treated
wastewater onto ground surface, into surface water, into the groundwater,
or which results in failure of building plumbing to discharge properly.
Meeting any of the following criteria shall be defined as a failure:
A.
Lack of a watertight pretreatment vessel (i.e., septic or holding
tank, aerobic treatment unit, etc.) prior to any subsurface treatment/absorption
system.
B.
There is a discharge of effluent directly or indirectly to the
ground surface and ponding, surface outbreaks or saturated soils over
the absorption area.
C.
"Cheater" or direct pipe surface discharge (over an embankment,
into a roadside ditch, or stream, etc.) to include surface discharge
of grey water.
D.
A dye test results in the presence of dye on the ground surface.
E.
There is a backup of sewage into the home, building or facility
as a result of an overloaded or clogged absorption area.
F.
The septic tank requires pumping more than four times per year
and/or sewage is observed running back into the septic tank from the
absorption area during pumping.
G.
The absorption area is located within 100 feet of Canandaigua
Lake and the bottom of the leach line invert is at or below the ten-year
flood elevation (690.00 feet).
H.
The access lid of a holding tank, enhanced treatment unit or
pump tank is located within 100 feet of Canandaigua Lake and is at
or below the ten year flood elevation (690.00 feet).
GREY WATER
All wastewater from a building except from flush toilets
and urinals.
HOLDING TANK
A watertight tank that holds raw sewage and untreated effluent
without an outflow.
LOCAL GOVERNING BODY
The municipal board charged with authority to act as the
Local Board of Health as defined by New York State Public Health Law.
MINOR ALTERATIONS
Routine maintenance and repairs to the on-site 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, distribution box,
or any addition, alteration or rearrangement of water distribution
or drainage piping.
NEW CONSTRUCTION
Any building constructed or placed on an undeveloped site
requiring the installation of an on-site wastewater treatment system
and currently not utilizing the same, and/or substantial tear down
and rebuild of an existing building such that the work area exceeds
50% of the aggregate area of the existing building (Level 3 alterations-
2010 Building Code of New York State).
OTN INSPECTOR
Industry professional who has been trained and has successfully
completed the 7.50 hour course for inspecting existing residential
on-site wastewater treatment systems and has received a registration
number from the New York Onsite Wastewater Treatment Training Network
(OTN) indicating such. In the event that the OTN stops registering
inspectors, the authority having jurisdiction will work with the Watershed
Inspector to administer a training program and publish a list of approved
inspectors for the public.
SEWAGE
The combination of human and household waste with water,
which is discharged to the plumbing system, including the waste from
a flush toilet, bath, shower, sink, lavatory, dishwashing or laundry
machine, or the water-carried waste from any fixture, equipment or
machine.
SUBSTANDARD SYSTEM
On-site wastewater treatment system that does not meet the
design standards specified in § 170-106 but shows no evidence
of failure.
WORK AREA
That portion or portions of a building consisting of all
reconfigured spaces as indicated on the construction documents. Work
area excludes other portions of the building where incidental work
entailed by the intended work must be performed and portions of the
building where work not initially intended by the owner is specifically
required by this Code.