This Article V shall not apply to any private system which discharges to the POTW or which discharges directly to a natural outlet by authority of a separate SPDES permit and in compliance with applicable state and federal laws.
All houses, buildings or properties which are required by other authority to have sanitary or industrial wastewater facilities, are subject to the jurisdiction of this Part 2 and are located where a proper wastewater sewer is not available as specified by the provisions of § 199-23 of this Part 2 shall be equipped, at the owner's expense, with suitable wastewater facilities connected to a private wastewater disposal system which complies with the provisions of this article.
A. 
Before commencement of construction of a private wastewater facility required under § 199-29 above, the owner shall first obtain a written construction permit signed by the Plumbing Inspector. The application for such permit shall be made on a form furnished by the City which the applicant shall supplement with any plans, specifications and other information relevant to wastewater discharges as is deemed necessary by the City Engineer. A permit and inspection fee of $50 shall be paid to the City at the time the application is filed.
B. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
The type, capacities, location and layout of a private wastewater facility shall be designed by a state-licensed professional engineer and shall be in accordance with the "Standards for Waste Treatment Works" (New York State Department of Health – NYSDOH) or "Standards for Commercial and Institutional Facilities" (NYSDEC), as appropriate. Septic tank or cesspool dischargers require the use of subsurface disposal. This requirement excludes deep well disposal as defined by state and federal laws.
A. 
Before commencement of operation of a private wastewater facility, the owner shall first obtain a written operating permit signed by the City Engineer. The operating permit shall not become effective until the installation is completed to the satisfaction of the City Engineer. The City Engineer shall be allowed to inspect the work at any stage of construction, and, in any event, the applicant for the operating permit shall notify the City Engineer when the work is ready for final inspection and before any underground portions are covered. The inspection shall be made within 16 normal business hours after receipt of notice by the City Engineer.
B. 
Permit applicants with outstanding violations or unpaid monies.
(1) 
No such permit shall be granted to or renewed for an applicant who is in violation of any City of Oswego code, ordinance or local law (hereinafter "violations") or who owes property taxes, water or sewer fees, special assessments, fines for violations of City ordinances or any other fees or past due monies of any name or nature owed to the City of Oswego (hereinafter "unpaid monies").
[Added 2-9-2015 by L.L. No. 2-2015; amended 8-14-2015 by L.L. No. 6-2015]
(a) 
The applicant shall have the burden of providing proof in a form acceptable to the department that there are no such violations or unpaid monies.
(b) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies relate to a parcel of real property for which the application is made or another parcel owned by applicant or are personal to the applicant.
(c) 
In the event that the applicant has accrued violations or unpaid monies, such permit or renewal thereof shall be denied regardless of whether such violations or unpaid monies occurred or accrued before the effective date of this local law.
(d) 
Such permit, once granted, shall be revoked in the event that the applicant accrues violations or unpaid monies, or violations or unpaid monies are discovered, after the permit is granted. The revocation shall take effect five business days after receipt by the permit holder of notice from the City of Oswego of the pending revocation. Upon such revocation, all permitted activities and privileges shall immediately cease.
(e) 
No application fees shall be refunded upon revocation of the permit.
(f) 
The applicant must reapply for the issuance of such revoked permit by submitting a new application and paying all necessary application fees, and any such permitted activities or privileges may only be resumed once a new permit has been granted.
(g) 
All requirements set forth herein shall also apply to nonperson entities and such permit or renewal thereof shall be denied to an entity, or revoked, if a person with a substantial interest in such entity owes such unpaid monies or has accrued such violations. A "person with a substantial interest" shall mean an ownership interest of more than 10% of, membership on the governing board of, holding an office in or holding the ability to cast or control more than 10% of the votes in such entity.
(2) 
Notwithstanding the provisions contained in this section to the contrary, when in the opinion of the Director of Code Enforcement the issuance of a permit is necessary to prevent harm to life, safety, or the general welfare of the public, the Director of Code Enforcement shall be authorized to issue said permit for the sole and exclusive purpose of bringing such violations into compliance with the Code of the City of Oswego. Nothing contained herein shall relieve the property owner from complying with all other applicable sections of the Code including, without limitation, the provisions contained in this section.
[Added 4-10-2017 by L.L. No. 2-2017]
When the liquid or liquid-borne effluent from a private wastewater disposal system enters any watercourse, ditch, storm sewer or water supply system located in the City in such a manner, volume and concentration so as to create a hazardous, offensive or objectionable condition, in the opinion of City Engineer, Oswego County Health Department or the New York State Department of Health (NYSDOH), the owner of the premises upon which such wastewater disposal system is located, upon receiving written notice from the City Engineer to do so, shall, within 90 days after receipt of such notice, repair, rebuild or relocate such wastewater disposal system for the purpose of eliminating such hazardous, offensive or objectionable conditions. The repair, rebuilding or relocation of the system shall be accomplished in accordance with the rules and regulations of the NYSDOH and Oswego County Health Department at the owner's expense.
At such time as a POTW becomes available as defined in § 199-23 to a property served by a private wastewater facility, a direct connection shall be made to the wastewater sewer (in accordance with Article VII of this Part 2) within 90 days, and any septic tanks, cesspools and similar wastewater facilities shall be emptied by a licensed septage hauler, filled with suitable material or removed and properly disposed. When the connection is made to the wastewater sewer, the connection to the private wastewater disposal facility shall be broken and both ends of the break shall be plugged, as appropriate.
A. 
The owner shall operate and maintain the private wastewater facilities in a sanitary manner at all times in accordance with the conditions of the operating permit and at no expense to the City. Such facilities shall be subject to inspection by the City Engineer at any time.
B. 
Where a private wastewater disposal system utilizes a cesspool or a septic tank, septage shall be removed from the cesspool or septic tank by a licensed hauler of scavenger wastes at three-year intervals or more frequently.
No statement contained in this article shall be construed to prevent or interfere with any additional requirements that may be imposed by the Health Officer or other applicable authority.