This chapter shall be known as the
"On-site Wastewater Treatment Systems Law of the Town of Milo," hereinafter
referred to as "this chapter."
This chapter shall govern the design,
construction, installation, quality of materials, location, operation,
repair and maintenance or use of all on-site individual wastewater
treatment systems (hereinafter referred to as an "on-site wastewater
treatment system" [OWTS]) that are located within the Town of Milo,
which are outside the limits of the Village of Penn Yan. Exemption(s):
A. OWTS that are the subject of continuous
licensing or regulations by the New York State Department of Environmental
Conservation (NYSDEC) or New York State Department of Health (NYSDOH).
B. OWTS that are owned by Yates County, New
York State (hereinafter referred to as "NYS") or the federal government.
C. OWTS that are owned by a public school
district or Board of Cooperative Education Services (BOCES).
The purpose of this chapter is to
promote the health, safety and general welfare of the community, including
the protection and preservation of the property of its inhabitants,
by regulating OWTS so that wastewater is disposed of in a manner that
will not create a health hazard, adversely affect the environment,
create a nuisance, or impair the enjoyment or use of the property.
This chapter is adopted pursuant
to Article 2 of the Municipal Home Rule Law of New York State and
Article 3 of the Public Health Law of New York State.
Nothing in this chapter shall be
construed as authorizing any authority having jurisdiction responsible
for the administration and enforcement of this chapter to do so in
a manner that deprives any person or entity of due process of law.