§ 873.721. Definitions.

Whenever used in this article, the following terms shall have the meaning set forth below:

A.

Construction shall mean installation, replacement, expansion, remediation, repair, emergency repair, alteration, and/or modification of onsite wastewater treatment system (OWTS) components, including enhanced treatment units, aerobic treatment units, soil, gravel, pipes, tankage, pits, junction boxes, and all associated appurtenances and/or distribution systems.

B.

Repair shall mean: The repair or replacement in kind and in situ of broken, damaged, or worn OWTS components; replacement, expansion, alteration, or modification of OWTS components within an OWTS area previously approved by the department; or work to an existing OWTS to correct an OWTS failure, or impending failure, resulting in, or that may result in, the discharge of domestic sewage or other waterborne offensive material onto the surface of the ground, into a storm sewer, or into a watercourse or water body. Repair shall not apply to maintenance or servicing of OWTS components such as evacuation of a septic tank or servicing of an enhanced treatment unit or aerobic treatment unit.

C.

Septic system contractor shall mean an individual who engages in the performance of any one or more of the following services, or who offers to provide any one or more of the following services for a fee, in Westchester County, with respect to onsite wastewater treatment systems: construction; installation; replacement; expansion; repair; remediation; alteration; modification and/or rehabilitation; and servicing, except for evacuation, removal, collection or transportation of septage.

D.

Licensed septic system contractor means a septic system contractor who possesses a valid license issued by the Westchester County Commissioner of Health pursuant to the provisions outlined in section 873.722 herein.

E.

Individual means any person, firm, company, association, corporation, partnership, co-partnership, joint-stock company, trust, governmental entity, or any other legal business entity and/or the employees thereof.

F.

Industrial waste shall mean any liquid, gaseous, solid or waste substance or combination thereof resulting from any direct or indirect process of industry, manufacturing, trade, business or from the development or recovery of any natural resources.

G.

Offensive material shall mean any domestic sewage, fecal matter, manure, offal, garbage, dead animals, meat wastes, blood, tankage, brine, urine or any putrescible organic matter or the contents of privies, cesspools, septic tanks or chemical toilets, either in liquid or solid state, or industrial waste or any other substance or liquid that is dangerous or prejudicial to health.

H.

Privy shall mean any non-portable facility or structure provided for the temporary storage or disposal of human excreta without water carriage. This definition shall not apply to other non-waterborne systems regulated by 10 NYCRR Part 75, Appendix 75-A.

I.

Sanitary landfill shall mean the controlled process of disposing of refuse or offensive material by depositing, compacting in layers and completely covering all such refuse and material.

J.

Onsite wastewater treatment system (OWTS), also known as a septic system, separate sewage disposal system (SSDS) or subsurface sewage treatment system (SSTS) shall mean the whole or any part of a system or facilities or means for the treatment and subsurface dispersal of domestic sewage or other waterborne offensive material, regardless of location with respect to any building or structure or premises thereby served.

K.

Septage shall mean the contents of a septic tank, cesspool, or other separate sewage disposal system facility which receives domestic sewage waste.

L.

Domestic sewage shall mean water-carried human and animal wastes from residences, buildings, industrial establishments, or other places, together with such groundwater infiltration and surface waste as may be present.

M.

Septage collector shall mean an individual who engages in the performance of any one or more of the following services, or who offers to provide any one or more of the following services for a fee, in Westchester County, with respect to separate sewage disposal systems: evacuation, removal, collection or transportation of septage.

N.

Licensed septage collector means a septage collector who possesses a valid license issued by the Westchester County Commissioner of Health pursuant to the provisions outlined in section 873.722 herein.

O.

Major expansion of an existing residential building or structure shall be defined as any renovation or expansion of an existing residential building or structure resulting in a gross floor area increase of 100 percent or more, within any five year period; or resulting in an increase in the total number of bedrooms in such building or structure.

P.

Change of use at a commercial or institutional building or structure shall mean, but not be limited to, any change in nature of wastewater generated, any change in quantity of the wastewater generated, any change in utilization or intensity of use of the building or structure, and any change in the type of facility or facilities that occupy the building or structure. Types of facilities shall include but not be limited to housing, retail, food service, office, warehouse, dental, medical, salons, and industrial.

Q.

Remediation shall mean installation or replacement of an OWTS within an area not previously approved by the department to correct an OWTS failure, or impending failure, resulting in, or that may result in, the discharge of domestic sewage or other waterborne offensive material onto the surface of the ground, into a storm sewer, or into a watercourse or water body; or alteration or modification of an OWTS to correct a continuing OWTS failure or where OWTS repairs have not been satisfactory.

R.

Enhanced treatment shall mean the biological and physical treatment of wastewater to reduce the amount of biochemical oxygen demand (BOD) and total suspended solids (TSS) of wastewater effluent prior to distribution to an absorption area. Enhanced treatment may also reduce the amount of other wastewater pollutants, such as total nitrogen or phosphorous, prior to distribution to an absorption area, and may also include other methods of wastewater treatment.

S.

Enhanced treatment unit (ETU) shall mean a pre-manufactured structure that provides enhanced treatment of wastewater prior to discharge to a subsurface soil absorption area.

T.

Emergency repair shall mean the repair or replacement in kind and in situ of broken or damaged tankage or other components of an onsite wastewater treatment system whose failure, at the discretion of the department, poses an immediate threat to public health or safety.

U.

Aerobic treatment unit (ATU) shall mean a system that provides for the biological decomposition of the organic portion of the wastewater by mechanical aeration of the wastewater.

V.

Residential addition shall be defined as any renovation or expansion to an existing residential building or structure resulting in a gross floor area increase of 1,000 square feet or more, within any five-year period.

(Res. of 12-17-2015 )