Town of Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
Whenever, in the opinion of the Sewer Inspector, any person violates any of the provisions of this chapter, said Inspector shall report the same in writing to the Town Board; and if the Town Board shall find that the charges are sustained, it may revoke the permit of such person.
No person, firm or corporation, once having obtained a permit in the municipality, who shall have violated any of the provisions of this chapter and any rules and regulations issued pursuant hereto or shall have refused or neglected to make good, to the satisfaction of the Town Board, any defective or imperfect work or shall have refused or neglected to pay any fees, fines or penalties imposed under the provisions of this article and any rules and regulations issued pursuant hereto, shall be eligible to receive any renewal of such permit until such default on his, their or its part has been removed.
Persons must report to the Superintendent, in writing, the full description, within 12 hours of the finding of them, of all obstructions in building drains or the presence therein, if found, of any substance prohibited by this chapter and any rules and regulations issued pursuant thereto. The finding of the presence of substances prohibited by this chapter and any rules and regulations issued pursuant hereto in the building drains of any building shall be prima facie evidence of an offense committed against this chapter and any rules and regulations issued pursuant hereto by both the owner and occupant of the premises or either of them.
A. 
Harmful discharges. Any user who discharges materials which are or may be harmful to the environment, causes interference with the operations of the waste treatment plant or causes the Town to violate any NPDES or SPDES permit conditions, in the opinion of the Town, may have its wastewater treatment service and/or their wastewater contribution permit suspended.
B. 
Permit suspension. Any user who violates any of the following conditions may have its permit revoked by the Town:
(1) 
Failure by the user to factually report the characteristics and constituents of their discharge.
(2) 
Failure by the user to notify the Town of significant changes in operations or discharge characteristics and constituents.
(3) 
Denial by the user of reasonable access to the user's premises for inspection or monitoring purposes.
(4) 
Permit condition violation(s).
C. 
Legal action. The Town Attorney shall have the right to initiate legal action against any person who violates the provisions set forth in this chapter and/or applicable federal, state and local standards.
[Added 5-23-2014 by L.L. No. 3-2014]
A. 
Certificate of sewer compliance required. For any property or structure connected to the municipal sewer system an application for a special permit, site development plan, subdivision or variance shall be accompanied by a current certificate of sewer compliance issued by the Town Building Inspector or his duly authorized designee. No such application shall be eligible for any final approval unless or until a certificate of sewer compliance has been issued.
B. 
Fees. The fee for obtaining a certificate of sewer compliance shall be established by the Town Board of the Town of Fishkill and shall be set forth on the Schedule of Fees for the Town of Fishkill.
C. 
Inspection.
(1) 
The owner of a house, building or property situated within the Town of Fishkill shall cause an inspection to be made of the house, building or property prior to the submission of an application for any special permit, site development plan, subdivision or variance for the house, building and/or property by the Building Department, Planning Board, Zoning Board of Appeals or Town Board of the Town of Fishkill.
(2) 
The inspection shall be conducted by the Town of Fishkill Building Inspector or his duly authorized designee and shall be conducted for the purposes of determining whether the house, building or property has any roof drains, sump pump or other prohibited stormwater connections, groundwater connections or other sources of inflow or infiltration to the municipal sanitary sewer system in violation of this chapter.
(3) 
The person performing the inspection shall execute a certificate of sewer compliance or issue a notice of violation attesting to the existing conditions describing with specificity the condition of the roof drains, sump pump, or other prohibited stormwater or groundwater connections or sources of inflow or infiltration found, or lack thereof.
D. 
Any illegal connection or discharge to the municipal sanitary sewer system as described and detailed in the notice of violation shall be remedied immediately, but no later than 30 days from the date of the issuance of the notice of violation. All such remedied conditions shall be subject to reinspection.
E. 
It shall be a violation of this chapter for any person to reconnect roof drains, sump pumps or any other source of prohibited stormwater and/or groundwater discharges to the sanitary sewer system and/or to construct or alter a lateral or other sewer line in such a manner as to cause infiltration or inflow to the sanitary sewer system.
F. 
The certificate of sewer compliance shall be maintained in the Building Department's files and provided to subsequent property owners upon request.
Any person found to be violating any provisions of this chapter, except § 118-62, and any rules and regulations issued pursuant hereto shall be served by the Town with written notice stating the nature of the violation and providing a reasonable time limit, not exceeding 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any person who shall continue any violation beyond the time specified for in § 118-68 shall be guilty of a misdemeanor and, upon conviction thereof, be fined in an amount not exceeding $250 or be imprisoned for a term not exceeding 15 days, or both, for each violation. Each day in which any such violation shall continue beyond the time limit shall be deemed a separate offense.
Any person violating any of the provisions of this chapter and any rules and regulations issued pursuant hereto shall become liable to the Town for any expense, loss or damage occasioned by the Town by reason of such offense.