An abandoned OWTS shall be plugged or capped in an approved
manner. Abandoned treatment tanks and seepage pits shall have the
contents pumped and discarded in an approved manner. The top or entire
tank shall be removed and the remaining portion of the tank or excavation
shall be filled immediately.
A.
Devices, equipment and/or materials approved by the AHJ shall be
constructed and installed in accordance with such approval.
B.
The use of used devices, equipment and/or materials that meet the
requirements of this chapter and/or any other applicable law for new
devices, equipment and/or materials is permitted. Used devices, equipment
and/or materials shall be permitted to be reused subject to approval
by the AHJ.
It shall be unlawful to make any change in the use of any structure
without an inspection of the existing OWTS and approval of the AHJ.
The AHJ shall inspect the existing OWTS and determine if such change
of use will require an addition, alteration, replacement or repair
of such system.
A.
Installation of a new OWTS. A new OWTS shall be designed to conform
to the applicable standards prescribed in the KWIC Policies and Procedures
Manual.
B.
Work proposed on existing OWTS. Work being proposed on an existing
OWTS shall be designed to conform to the applicable standards prescribed
in the KWIC Policies and Procedures Manual.
A.
It shall be unlawful to discharge anything but sewage into an OWTS.
Surface and subsurface water including roof, cellar, foundation and
storm drainage shall not be discharged into an OWTS and shall be disposed
of so as to in no way affect the proper functioning of the system.
B.
Material such as ashes, cinders or rags; flammable, poisonous or
explosive liquids or gases; oil, grease or other insoluble material
that is capable of obstructing, damaging or overloading an OWTS, or
is capable of interfering with the normal operation of the OWTS, shall
not be deposited, by any means, into such systems.
C.
Where a food waste disposal unit discharges into an OWTS, the OWTS
shall be designed to accommodate the solids loading from such disposal
unit.
D.
Water softener or iron filter discharge into an OWTS shall be installed
in such a way that they pose no problems for an OWTS.
A.
No untreated wastewater from an OWTS shall be deposited or allowed
to escape into any watercourse, or allowed to be surfaced or be washed
over the ground.
B.
No human excreta, either raw or partially decomposed, shall be removed
from an OWTS and placed in or on the ground without obtaining approval
from the NYSDEC.
An ETU is 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 more restrictive, as well as subsequent necessary adjustments by
adjustments by a certified manufacturer's representative for
the life of the ETU. Within 14 business days of an inspection, a written
report shall be sent to the AHJ that documents the result of the inspection
and provided written certification from the certified manufacturer's
representative that the ETU is fully functional and operating properly,
an is under a service contract. Failure to hold a service contract,
complete the required inspections, send inspection reports to the
AHJ as well as fulfilling the certified manufacturer's representative's
maintenance schedule shall be deemed a violation of this chapter.
It shall be unlawful to use any failed OWTS as determined by
the AHJ. A failed OWTS shall be corrected or use of such system shall
be discontinued within that period of time required by the AHJ but
such period shall not exceed one year.
A.
A OWTS permit shall be considered a floodplain development permit
as prescribed and regulated by the Flood Damage Prevention Law.[1] The AHJ shall be classified as a local administrator as
it pertains to granting or denying such permit for work being undertaken
in areas of special flood hazard in the Town.
B.
A new, relocated or replacement OWTS shall not be located lower than
the ten-year flood level.
C.
Should there be any encroachment into a regulatory floodway as defined
by the Flood Damage Prevention Law from a new, relocated or replacement
OWTS, the floodway encroachment requirements of such law shall be
obeyed and an engineering analysis by a registered design professional
shall be submitted to the AHJ.
D.
A new, relocated or replacement OWTS located within Zone A on the
Town's FHBM or FIRM shall be designed to minimize or eliminate
infiltration of flood waters into the systems and discharges from
the systems into flood waters as mandated by 44 CFR § 60.3(a)(6)(i).
 Figure 1 - Example of a Sealed Septic Tank with Lid and
Access Cover
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E.
New, relocated or replacement OWTS located within Zone A on the Town's
FHBM or FIRM shall be designed to avoid impairment to them or contamination
from them during flooding as mandated by 44 CFR § 60.3(a)(6)(ii).
 Figure 2 - Example of Backflow Valve between Building
and OWTS
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A.
Installation of a new holding tank. A new holding tank shall be designed
to conform to the applicable standards prescribed in the KWIC Policies
and Procedures Manual.
B.
Work proposed on existing holding tank. Work being proposed on an
existing holding tank shall be designed to conform to the applicable
standards prescribed in the KWIC Policies and Procedures Manual.
An OWTS, its materials and appurtenances, both existing and
new, and all parts thereof shall be maintained in proper operating
condition in accordance with its original design in a safe and sanitary
condition. Devices or safeguards that are required by this chapter
or any applicable law shall be maintained in compliance with such
law under which they were installed. The owner shall be responsible
for maintenance of an OWTS.
The AHJ may allow a nonwaterborne system as prescribed in Appendix
75-A of Part 75 of Title 10 of NYCRR for an occasionally occupied
structure at a lot of record.
There shall be no activities and/or conditions permitted that
would interfere with the proper operation of an OWTS. It is specifically
prohibited to construct or place anything that would negatively impact
the absorption area as determined by the AHJ such as but not limited
to: buildings, structures, paving, trees or shrubs, fill, the parking
or crossing by vehicles, aboveground pools, driveways or parking areas.
All plumbing fixtures shall be connected to a public sewer system
where available. Determination of whether a public sewer system is
available shall be made by the AHJ.
An existing OWTS that is relocated on a lot of record shall
comply with the provisions of this chapter for new installations.
Additions, alterations, installations, maintenance work, repairs
and/or replacements of OWTS that are caused directly or indirectly
by the enforcement of this chapter shall be executed and installed
in a workmanlike manner, and installed in accordance to the manufacturer's
installation instructions and/or applicable standard(s).
A.
Water Quality Protection Zone 1.
(1)
This zone shall include any OWTS that is located within the Town,
which is outside the Village of Penn Yan, and is within 200 feet of
the MHWL of Keuka Lake or Seneca Lake.
(2)
This zone shall include any OWTS that is located within Town, which
is outside the Village of Penn Yan, and is 200 feet from a watercourse
that is listed as impaired and threatened waters (e.g., streams, rivers,
lakes, etc.) pursuant to Section 303(d) of the Federal Clean Water
Act or by resolution of the Town Board. Distance shall be measured
from the top of such watercourse's bank to an OWTS or portion
thereof.
