[HISTORY: Adopted by the Town Board of the Town of Southeast 4-28-2011 by L.L. No.
5-2011. Amendments noted where applicable.]
GENERAL REFERENCES
Sewers and water — See Ch. 112.
A.
The Town of Southeast hereby finds that it is necessary to the health,
safety and welfare of the residents of the Town of Southeast that
on-site sanitary systems operate and be maintained in a manner that
will prevent, to the extent possible, hazards to the public health,
to minimize their potential for failure and to protect the drinking
water supply of the Town of Southeast and drinking water supplies
which pass through the Town of Southeast.
B.
This chapter is intended to implement the provisions of Part IX.A.3.b
of the New York State Department of Environmental Conservation, SPDES
General Permit GP-0-10-002 ("permit") for Stormwater Discharge from
Municipal Separate Storm Sewer Systems (MS4), effective May 1, 2010,
which requires that the Town implement and enforce a program to ensure
that on-site sanitary systems are inspected and, where necessary,
maintained or rehabilitated as required by Part IX.A.3.b of the permit
and/or similar provisions in successor permits.
As used in this chapter, the following terms shall have the
meanings indicated:
The Municipal Code Enforcement Officer.
The inspection and evacuation and removal of septage as necessary
from an on-site sanitary system and subsequent reporting through the
completion of an approved inspection form by a septage collector that
is licensed by the Putnam County Department of Health.
A system or facilities or means for the treatment or modification
or ultimate disposal of waterborne sewage or domestic wastes or trade
wastes or offensive material, each being designed for the treatment
of less than 1,000 gallons per day, regardless of location with respect
to any building or structure or premises thereby served. Such system
shall include, but shall not be limited to, septic tanks, cesspools,
absorption fields and other facilities for the treatment or modification
or required control of sewage.
An individual or entity licensed by the Putnam County Health
Department 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 Putnam County, with respect to separate
sewage disposal systems: evacuation, removal, collection or transportation
of septage.
The contents of any container, including but not limited
to a septic tank, which is designed and intended to hold sewage.
The combination of human and household waste with water which
is discharged to the home plumbing system, including the waste from
a flush toilet, bath, sink, lavatory, dishwashing or laundry machine,
or the water-carried waste from any other fixture, equipment or machine.
A.
Beginning on May 1, 2011, the owner of any parcel located within
the Town of Southeast which relies upon a separate sewage disposal
system/on-site sanitary system shall cause an inspection to be performed
on said separate sewage disposal system/on-site sanitary system at
a minimum frequency of once every five years.
B.
Upon the completion of any inspection, every owner shall maintain
a copy of the record of such inspection, which will be provided to
the owner by the septage collector, for a minimum of six years.
C.
The Septage Collector shall furnish one copy of the record of inspection
to the Town of Southeast Code Enforcement Officer and one copy of
the record of inspection to the Putnam County Department of Health
office.
[Amended 6-7-2012 by L.L. No. 4-2012]
The appeals authority shall not grant a waiver or exemption
from any of the requirements of this chapter; provided, however, that
the appeals authority may vary the time requirements as referenced
within this chapter, upon the submission and consideration of evidence
which may necessitate an extension of time to comply with all aspects
of this chapter. Such extension shall not exceed 180 days.
Any owner of a parcel which is located in the Town of Southeast
and is served by an on-site sanitary system that fails to comply with
the provision of this chapter shall be guilty of a violation, and
shall be subject to a penalty as follows:
A.
The Municipal Code Enforcement Officer shall first issue a written
notice of violation to the owner informing the owner of the anticipated
imposition of penalties if the violation is not corrected within 30
days.
B.
Any person or corporation, whether as owner, lessee, principal, agent,
employee or otherwise, which violates any of the provisions of this
chapter or permits any such violation or fails to comply with any
of the requirements thereof shall be guilty of a violation, punishable
by a fine not exceeding $250, for conviction of a first offense; for
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700; and, upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $700 nor more than $1,000. For
the purpose of conferring jurisdiction upon courts and judicial officers
generally, violations of this chapter or any part thereof or any condition
or requirement of subdivision approval shall be deemed misdemeanors.
Each fourteen-day period of continued violation shall constitute a
separate additional violation.
Compliance with this chapter shall not be deemed compliance
or approval of the Town of Southeast under any other rules, regulations,
codes or laws.
