It shall be unlawful for any person to place, deposit, or permit
to be deposited, in any unsanitary manner, on public or private property
within the Village or in any area under the jurisdiction of the said
municipality any human or animal excrement, garbage, or objectionable
waste. Also, no person shall discharge domestic sewage onto the surface
of the ground or discharge it in a way that permits it to come to
the surface of the ground.
No person shall connect a private sewage system so that sewage
flows into a storm sewer or into a drain intended exclusively for
stormwater.
No person shall discharge sewage into a well.
It shall be unlawful to discharge to any natural outlet within
the Village or in any area under the jurisdiction of the said municipality
any wastewater or other polluted waters, except where suitable treatment
has been provided in accordance with subsequent provisions of this
chapter. The discharge to a natural outlet is regulated by the NYSDEC.
No property owner, builder, or developer shall be issued a building
permit for a new dwelling or structure requiring sanitary facilities
unless a suitable and approved method of wastewater disposal, conforming
to this chapter, is available. All housing construction or building
development which takes place after this chapter is enacted shall
provide for an approved system of sanitary sewers.
Except as hereinafter provided, it shall be unlawful to construct
or maintain any privy, privy vault, cesspool, septic tank, or other
facility intended or used for disposal of wastewater.
The owners of all houses, buildings, or properties used for
human occupancy, employment, recreation, or other purposes, situated
within the Village and abutting on any street, alley, or right-of-way
in which there is now located or may, in the future, be located a
public sewer are hereby required to install at the owner's expense
suitable sanitary facilities therein, and to connect such facilities
directly with the proper public sewer, in accordance with the provisions
of this chapter, within 90 days after official notice to do so, provided
that said public sewer is within 100 feet of the property line.
The use of the Village public sewers shall be strictly limited and restricted, except as provided in § 158-14, to receive and accept the discharge of sewage and other wastes, including industrial wastes generated on or discharged from real property within the bounds of the service area of the POTW.
A.
The Village Board shall have the authority to enter into agreements
to accept sewage and other wastes, including industrial wastes, generated
by or discharged from persons outside the service area of the POTW.
B.
If the person is a municipality, that municipality shall have enacted
a sewer use law as restrictive on the discharge of sewage and other
wastes as the restrictions contained in this chapter.
C.
If the person is not a municipality, the acceptance shall be made
only with the expressed written consent of the Director of Public
Works (the issuance of a permit) setting forth the terms and conditions
of such an acceptance.
At the recommendation of the Director of Public Works, who determines
that one or more segments of the POTW is exceeding its hydraulic capacity
at any time or any specific purpose of this chapter is being violated,
the Village Board shall have the authority to limit or deny new connections
to the POTW until the conditions leading to the moratorium are corrected.
Such correction may be by:
All requirements, directives, and orders calling for mandatory
use of the sewers within the service area of the POTW for the proper
discharge of sewage and other wastes, including industrial wastes,
shall be established and given by the Village Board, NYSDEC, USEPA,
and/or other such state or federal agencies which have enforcement
powers.
No premises, lot, building or structure shall be provided with
Village sewer service unless the entirety of the lot upon which the
building or structure is situated is located within the geographic
territory of the Village of Penn Yan. Sewer service may be provided
outside the Village in the following situations:
A.
Sewer service to a municipal sewer district by virtue of an intermunicipal
agreement pursuant to the provisions of the General Municipal Law
of the State of New York.
B.
Sewer service pursuant to an agreement to seek annexation or formation
of a municipal sewer district, provided that such agreement contain
a condition that such sewer service be terminated in the event such
annexation or formation of the municipal sewer district has not been
completed within one year of the date of such agreement.
C.
Sewer service pursuant to an agreement which, by virtue of the circumstances
from which the agreement is derived, substantially benefits the Village
financially or otherwise, when such benefit could not be reasonably
gained by other means, provided that:
[Added 8-20-2019 by L.L.
No. 8-2019]
(1)
Such
agreement contains a condition that such sewer service be terminated
should the benefit to the Village sought to be gained by the agreement
not, for any reason, occur;
(2)
The
benefit to be gained by the Village is set forth in the agreement
to provide such sewer service outside the Village; and
(3)
Such
sewer service is provided at the "outside Village" sewer rent rate.
