A.
On parcels for which an on-site wastewater treatment system permit
or inspection has been requested by the parcel owner or parcel owner's
agent, the authority having jurisdiction shall be permitted by the
parcel owner to make a physical inspection of the lands and premises
in order to determine that all of the requirements of this chapter
have been complied with.
B.
When an inspection is required by Article IV of this chapter, the authority having jurisdiction shall request the permission of the parcel owner to make a physical inspection of the lands, premises and/or buildings in order to determine that all of the requirements of this chapter have been complied with. If refused, the authority having jurisdiction shall apply to a court of competent jurisdiction for a search warrant.
C.
The authority having jurisdiction, upon complaint or upon show of
due cause, shall request the permission of the parcel owner to make
a physical inspection of the lands, premises and/or buildings for
which an on-site wastewater treatment system is believed to be a cause
or potential cause of pollution or a health hazard. If refused, the
authority having jurisdiction shall apply to a court of competent
jurisdiction for a search warrant.
A.
Upon discovery of an on-site wastewater treatment system, which is
in failure, the authority having jurisdiction shall immediately notify
the parcel owner in writing of the failure through a notice of violation.
It shall be the responsibility of the parcel owner to forward the
notice of violation to other involved or interested parcel owners/renters.
The notice of violation shall include the specific section of the
law being violated, the components of the system that are not in compliance
with the requirements of this chapter, the action that is necessary
to correct the noncompliance, the date by which the permit must be
obtained, the timeframe in which corrective actions must be completed.
B.
The authority having jurisdiction shall, by written notice and/or
posting, order all work stopped on any on-site wastewater treatment
system, which is in violation of this chapter.
C.
Upon receipt of a notice of violation of a failed system that is
directly discharging to the surface and/or surface water, the authority
having jurisdiction shall order that the discharge be terminated immediately
and if the on-site system has a tank, the outlet shall be sealed and
the tank used as a holding tank until the system is brought into compliance.
D.
To correct a violation, the on-site wastewater treatment system shall be brought into compliance with the design standards identified in § 120-7.
E.
Upon discovery of a substandard system with an absorption area within 200 feet of Canandaigua Lake, the authority having jurisdiction shall notify the parcel owner in writing through a notice of noncompliance. The notice of noncompliance shall include the specific section of the law being violated, the components of the system that are not in compliance with the requirements of this chapter, the action that is necessary to correct the noncompliance, and that the system shall be brought into compliance with this chapter within 12 months of the conveyance of real property as required by § 120-9.
A.
Failure to complete required inspections and/or send the inspection reports to the authority having jurisdiction is a violation of this chapter and is punishable according to Article IX of this chapter. The authority having jurisdiction shall notify the parcel owner through a notice of violation.
B.
Upon receipt of a notice of violation, the parcel owner shall be
given 30 days to complete and submit the inspection report to the
authority having jurisdiction.
