A.Â
It shall be unlawful to install, construct, alter, replace, enlarge, extend, or otherwise modify any on-site wastewater treatment system unless an on-site wastewater treatment system permit is issued by the authority having jurisdiction, except as specifically exempted in § 120-8.
B.Â
It shall be unlawful to change the use of real property or any building thereon, convey real property, expand a building or dwelling by increasing the number of bedrooms and/or bedroom equivalents, or increase the building or dwelling square footage by greater than 25% of the square footage, or alter a building or dwelling such that the work area exceeds 50% of the aggregate area of the existing building without an inspection of the existing on-site wastewater treatment system by a certified inspector, pursuant to Article IV of this chapter.
C.Â
It shall be a violation of this chapter to use any on-site wastewater
treatment system that is in failure.
D.Â
On-site wastewater treatment systems with the absorption area located within 200 feet of Canandaigua Lake shall also comply with § 120-9, Requirements of substandard systems.
E.Â
There shall be no activities or conditions permitted which would
interfere with the proper operation of on-site wastewater treatment
systems. It is specifically prohibited to construct or place anything
that would impact the absorption area, including but not limited to
buildings, structures, paving, trees or shrubs, fill, the parking
or crossing by vehicles, aboveground pools, driveways or parking areas.
F.Â
It shall be unlawful to discharge anything but sewage into an on-site
wastewater treatment system. Surface and subsurface water including
roof, cellar, foundation and storm drainage shall not be discharged
into the on-site wastewater treatment system and shall be disposed
of so as to in no way affect the proper functioning of the system.
G.Â
All new on-site wastewater treatment systems or modifications to
existing on-site wastewater treatment systems shall be designed by
a design professional. The design professional 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.
Design standards to meet the requirements of this chapter are
as follows:
A.Â
New York State Department of Health's Appendix 75-A of Part 75 of
Title 10 of the New York Code of Rules and Regulations (10 NYCRR)
for systems with a design load of less than 1,000 gallons per day.
B.Â
New York State Department of Environmental Conservation's "New York
State Design Standards for Intermediate Sized Wastewater Treatment
Systems - March 5, 2014" for systems with a design load equal to or
greater than 1,000 gallons per day.
C.Â
In addition to the New York State design standards, the following
standards shall also be met for all dwellings:
(1)Â
The minimum design of the system shall be based on 130 gallons/day/bedroom
and/or bedroom equivalent for all on-site wastewater treatment systems
greater than 200 feet from Canandaigua Lake.
(2)Â
The minimum design of the system shall be based on 150 gallons/day/bedroom
and/or bedroom equivalent for all on-site wastewater treatment systems
located wholly or partially within 200 feet of Canandaigua Lake.
(3)Â
The size of the house shall be considered along with the number of
bedrooms and/or bedroom equivalent for design loading purposes, as
follows:
(a)Â
Minimum design: two bedrooms (Appendix 75-A).
(b)Â
Two bedrooms and/or bedroom equivalents or up to 1,200 square
feet of heated living space shall be designed as a two-bedroom design
load.
(c)Â
Three bedrooms and/or bedroom equivalents or 1,201 to 2,250
square feet of heated living space shall be designed as a three-bedroom
design load.
(d)Â
Four bedrooms and/or bedroom equivalents or 2,251 to 3,300 square
feet of heated living space shall be designed as a four-bedroom design
load.
(e)Â
Five bedrooms and/or bedroom equivalents or 3,301 to 4,050 square
feet of heated living space shall be designed as a five-bedroom design
load.
(f)Â
More than five bedrooms and/or bedroom equivalents or greater
than 4,050 square feet of heated living space: 110 gpd per additional
bedrooms and/or bedroom equivalents shall be added to the design load.
(g)Â
Final determination of design loading shall be by the authority
having jurisdiction.
A.Â
Minor alterations to on-site wastewater treatment systems shall not
require an on-site wastewater treatment system permit provided that
such repairs are made to replace existing conditions in need of repair,
and are done in a safe and sanitary manner.
B.Â
Replacement of septic tanks and distribution boxes shall require
an on-site wastewater treatment system permit but do not need to be
designed by a design professional provided such repairs are made to
replace existing conditions. All alterations to the absorption field
shall require an on-site wastewater treatment system permit and a
design completed by a design professional.
A.Â
Substandard systems with the absorption area located within 200 feet
of Canandaigua Lake.
B.Â
Substandard systems with the absorption area located within 200 feet of Canandaigua Lake with lot limitations: On parcels with existing substandard on-site wastewater treatment systems that have topographic, physiographic, lot size or other limitations that do not allow for meeting the design standards of § 120-7, the authority having jurisdiction shall require the parcel owner to meet the design standards of § 120-7 to the greatest extent possible.
(1)Â
The parcel owner shall follow the procedures in Article V of this chapter to bring their on-site wastewater treatment system into compliance to the greatest extent possible. The authority having jurisdiction shall have the ability to grant a local waiver to the requirements of the regulations on substandard lots if the applicant can prove that they have met the requirements to the greatest extent possible. The authority having jurisdiction shall take the following into consideration when determining if the on-site wastewater treatment system meets the design standards of § 120-7 to the greatest extent possible:
(a)Â
Previous approvals and/or specific waivers granted by NYS-DOH,
or the Watershed Inspector;
(b)Â
Distance separations to surface water and groundwater wells
in order to minimize pathogen, nutrient and/or other pollutant loading;
(c)Â
The ability to utilize the latest technology and the ability
to maintain that technology;
(d)Â
Existing lot line setbacks and area requirements as related
to individual properties; and
(e)Â
The extent to which the limitations are self-created.
(2)Â
On previously developed sites with a substandard system, holding
tanks may be utilized if the authority having jurisdiction deems it
is the best available technology for the existing site conditions
and limitations.
(3)Â
Once the authority having jurisdiction has determined that the substandard system meets the design standards of § 120-7 to the greatest extent possible, the authority having jurisdiction shall provide the parcel owner with an on-site wastewater treatment system permit and a letter of acknowledgement stating that the parcel owner is meeting the design standards of § 120-7 to the greatest extent possible.
C.Â
Substandard systems with absorption areas greater than 200 feet from
Canandaigua Lake.
(1)Â
Based on the system inspection, the authority having jurisdiction
shall notify parcel owners in a written letter that their system is
substandard. The letter will list all components of the system that
are substandard. The property owner will not be required to upgrade
the system unless it is in failure.
A.Â
All enhanced treatment units (ETUs) are required to have a service
contract with a certified manufacturer's representative, which provides
for annual inspections or inspections at intervals specified by the
manufacturer, whichever is stricter, as well as subsequent necessary
adjustments by a certified manufacturer's representative for the life
of the unit. Within 10 days of an inspection, a written report, which
documents the results of the inspection and provides a written certification
from the certified manufacturer's representative that the unit is
fully functional and operating properly and is under a service contract,
shall be sent to the authority having jurisdiction. Failure to hold
a service contract, complete the required inspections, send the inspection
reports to the authority having jurisdiction, and/or complete the
certified manufacturer's representative's maintenance schedule is
a violation of this chapter and is punishable according to this chapter.
B.Â
Holding tanks. All holding tanks shall be equipped with a float switch
and high level alarm (audible and visual) located in a conspicuous
place to indicate when pump out is necessary, which will be maintained
in good working order at all times. The owner shall have a contract
for service with a NYSDEC permitted septage waste transporter to pump
the holding tank as needed. A copy of all pump-out records shall be
submitted to the authority having jurisdiction. At no time will sewage
discharge from the tank be allowed.