A.
Scope. Unless otherwise expressly stated,
the following abbreviations, acronyms and definitions shall, for the
purpose of this chapter, have the meanings shown in this chapter.
B.
Interchangeability. Words used in the present
tense include the future; words stated in the masculine gender include
the feminine and neuter; the singular number includes the plural and
the plural, the singular.
C.
Terms defined in the Keuka Watershed Improvement
Cooperative's Policies and Procedures Manual. Where the terms are
not defined in this chapter and are defined in the Keuka Watershed
Improvement Cooperative's Policies and Procedures Manual, such terms
shall have the meanings ascribed to them as in such manual.
D.
Terms defined in other laws. Where the
terms are not defined in this chapter and are defined in local, state
or federal law, such terms shall have the meanings ascribed to them
as in such law.
E.
Terms not defined. Where terms are not
defined by the methods authorized by this chapter, such terms shall
have the ordinarily accepted meanings such as the context applies.
|
Abbreviation/ Acronym
|
Term
|
|---|---|
|
AHJ
|
Authority having jurisdiction
|
|
CFR
|
Code of Federal Regulations
|
|
FEMA
|
Federal Emergency Management Agency
|
|
KWIC
|
Keuka Watershed Improvement Cooperative
|
|
MHWL
|
Mean high water level
|
|
NYCRR
|
New York Codes, Rules And Regulations
|
|
NYS
|
New York State
|
|
NYSDEC
|
NYS Department of Environmental Conservation
|
|
NYSDOH
|
NYS Department of Health
|
|
OTN
|
NYS On-Site Training Network
|
|
OWTS
|
On-site wastewater treatment system
|
As used in this chapter, the following
terms shall have the meanings indicated:
A person who shall have charge, care or control of any land,
structure, work and/or use on behalf of the owner, or as executor,
executrix, administrator, administratrix, trustee or guardian of the
estate of the owner. Any such person representing the actual owner
shall be bound to comply with the provisions of this chapter to the
same extent as if that person was the owner.
Acceptable to the AHJ.
An established and recognized agency regularly engaged in
conducting tests or furnishing inspection and/or review services,
when such agency has been approved by the AHJ. Examples of an approved
agency are but shall not be limited to:
The Code Enforcement Officer, Health Officer, KWIC Manager,
Watershed Inspector or other official(s) designated by the Town, or
other regulatory agency (e.g., NYSDEC, NYSDOH, etc.), having the responsibility
to administer and enforce the provisions of this chapter.
A use of land with an associated building and OWTS that is
modified so as to likely cause an increase in hydraulic loading (e.g.,
change from a residential use to a nonresidential use; change of a
nonresidential use to a different type of nonresidential use) as determined
by the AHJ.
A public officer designated by the Town Board whom has successfully
fulfilled the training requirements for Code Enforcement Officials
pursuant to Title 19 NYCRR Part 1208.
All the written, graphic and pictorial documents prepared
or assembled for describing the design, location and physical characteristics
of the elements of the project necessary for obtaining a permit. The
construction drawings shall be drawn to an appropriate scale.
The transfer of the title of real estate from one to another,
in the form of a deed or other legal instrument, filed in the office
of the County Clerk.
Yates County, New York.
This term shall bear the same meaning as "supporting deposition"
that is defined in Appendix 75-A of Title 10 Part 75 of the NYCRR.
An OWTS that is not functioning properly as prescribed in
the KWIC Policies and Procedures Manual.
The Flood Damage Prevention Law of the Town of Milo,[1] as currently in effect and as hereafter amended from time
to time.
A reasonable ground for belief that certain alleged facts
exist and those facts would induce a prudent public officer, acting
within the scope of his or her duties, to believe a cause for the
extension of an application, certificate, notice, order or permit
is appropriate and proper.
The Keuka Watershed Improvement Cooperative.
A manual adopted by each member municipality of KWIC to ensure
the coordinated and uniform enforcement of wastewater regulations.
Such manual shall also be approved by resolution of the Town Board
prior to its administration and enforcement. Such manual shall be
filed with the Town Clerk and may be amended from time to time upon
resolution by the Town Board.
The average springtime high water level. According to the
NYSDEC, Division of Environmental Permits, the mean high water level
is 715.3 feet for Keuka Lake and 447.25 feet for Seneca Lake.
The routine maintenance and repairs to an OWTS as prescribed
in the KWIC Policies and Procedures Manual.
The installation of a new OWTS serving any use at a lot of
record requiring the installation of an and currently not utilizing
the same.
An order issued pursuant to this chapter.
Public nuisance as known in common law or equity jurisprudence;
whatever is dangerous to human life or detrimental to health; whatever
building, structure or premises is not sufficiently ventilated, sewered,
drained, cleaned or lighted, in reference to its intended use; and
whatever renders the air, human food, drink or water supply unwholesome.
A person engaged in the transportation of regulated waste
generated or disposed of within NYS and possess a valid New York State
Part 364 Waste Transporter Permit. Specific requirements for persons
transporting regulated waste are prescribed in 6 NYCRR Part 364. Such
transporter shall be approved by the Watershed Manager to engage in
such transportation activities within the Town.
A structure that is only occasionally occupied such as but
not limited to a hunting and fishing cabin, has no water under pressure
or provisions for wastewater discharge, and is not classified as a
dwelling or any other type of residential use as prescribed by the
Uniform Code.
The NYS On-site Training Network (OTN).
Industry professional who has been trained and has successfully
completed the course for inspecting an OWTS and has received a registration
number from the OTN indicating such. In the event that the OTN stops
registering inspectors, the Watershed Manager shall administer a training
program and publish a list of approved inspectors for the public.
A complete system of piping, watertight vessels and/or other
facilities for the on-site collection, transport and/or treatment
of wastewater.
A certificate issued pursuant to this chapter.
A permit issued pursuant to this chapter.
Any person, agent, operator, firm or business entity having
a legal or equitable interest in the property as recorded in the official
records of the county as holding title to the property.
A natural person, heirs, executors, administrators or assigns,
and includes a firm or business entity, its or their successors or
assigns, or the agent of any of the aforesaid.
An individual who is a registered architect (RA) in accordance
with Article 147 of the Education Law of NYS or a licensed professional
engineer (PE) in accordance with Article 145 of the Education Law
of NYS, and acting within the scope of his or her practice to design
an OWTS.
This term shall bear the same meaning as "rent" that is defined
by the County Law Establishing an Occupancy Tax in the County, as
currently in effect and as amended from time to time.
Any portion of real property rented for compensation in exchange
for lodging and required to collect an occupancy tax by the County
Law Establishing an Occupancy Tax in the County, as currently in effect
and as amended from time to time.
This term shall bear the same meaning as "district" that
is defined by the Public Sewers Law of the Town,[2] as currently in effect and amended from time to time.
An order issued pursuant to this chapter.
This term shall bear the same meaning as "supporting deposition"
that is defined in AA 100.20 of the Criminal Procedure Law of NYS.
The primary edge of the ordinary high watermark, or break
in slope for a watercourse, which maintains the integrity of the watercourse.
The Town of Milo, New York.
The Town Assessor of the Town.
The Town Attorney of the Town.
The Town Board of the Town.
The Town Clerk of the Town.
The Town Engineer of the Town.
The NYS Uniform Fire Prevention and Building Code, as currently
in effect and as hereafter amended from time to time.
The activity occurring on a lot of record for which land
or a structure is arranged, designed or intended, or for which land
or a structure is or may be occupied.
A person qualified to perform the duties assigned to such
position as prescribed within the KWIC Policies and Procedures Manual
and shall be employed by the Town.
A person qualified to perform the duties assigned to such
position as prescribed within the KWIC Policies and Procedures Manual
and shall be employed by KWIC.
Work of such character that will fully secure the results
sought in all the sections of this chapter and any other applicable
laws governing the design, construction, installation, quality of
materials, location, operation, repair and maintenance or use of OWTS.
The Zoning Law of the Town of Milo,[3] as currently in effect and as hereafter amended from time
to time.
