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.
