Town of East Fishkill, NY
Dutchess County
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Table of Contents
Table of Contents
[Adopted 7-23-2009 by L.L. No. 3-2009]
The Town Board has previously commenced construction of the Hopewell Hamlet Sewer District to provide sewer service to the Hamlet area of the Town as well as for certain projects which have been previously approved by the Planning Board. The system is about to come online, and it is necessary for the Town Board to empower itself to be able to adopt rules and regulations regulating the type of materials to be dumped into said sewer system as well as the manner in which connections are to be maintained, inspected and connected. It is with this in mind and for the public health and safety of the residents of the Town, that this article is enacted.
The Town Board shall, from time to time, at a regular monthly meeting, adopt such rules and regulations as may be necessary to regulate the manner in which connections are made to any public sewer system within the Town as well as to regulate the flows that may occur and the materials that may be disposed of within said sewer system. Once adopted, said rules and regulations shall be given full force and effect by virtue of this law. Upon adoption, said rules and regulations shall be on file with the Town Clerk and available for public inspection.
Any property within the boundaries of a public sewer system must connect to the sewer system as follows:
Any vacant parcel must be connected upon the construction of any structure thereon.
Any existing structure which applies for any expansion, enlargement, or change in use must connect to the public sewer system.
All existing structures presently utilizing a subsurface sewage disposal system must connect to the public sewer system upon the failure of said subsurface system.
All existing structures within the boundaries of the sewer district must connect to the system within one year of receipt of a notice from the Town that the treatment plant is in operation. Said connection is at the property owners' sole cost and expense.
[Added 6-17-2010 by L.L. No. 1-2010]
The Town Board shall appoint three members to the Sewer Connection Appeals Board. Said Board shall consist of the Town Engineer as the nonvoting Chairman, one member of the Town Board and two residents of the Town, one of whom shall reside within the sewer district. Upon application from a property owner within the district, upon good cause shown, the Appeals Board may defer the properties' connection for a period of time not to exceed an additional two years. Good cause shall be determined by the Sewer Connection Appeals Board which shall consider flow rate, property vacancy, fiscal year budget of nonprofit entities, and any other hardship issue presented. In no event shall an extension be granted if the current system is not in compliance with all Health Department regulations. No extension can be granted to any property with a flow rate in excess of 1,100 gpd.
[Added 6-17-2010 by L.L. No. 1-2010]
Notice of violation. When the Town Engineer, or the Town Building Inspector, or such other designated enforcement officer finds that a person has violated a prohibition contained herein or failed to meet a requirement of this article, said enforcement officer may order compliance by written notice of violation to the responsible person.
Such notice may require, without limitation:
The elimination of the illicit connection and/or discharge;
That violating discharges, practices, or operation shall cease and desist;
The embatement or remediation of the hazard and/or improper connection and the restoration of any affected property;
The performance of monitoring analysis and reporting.
If abatement of a violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Such notice shall further advise that, should the violator fail to remediate or restore within the established deadline, the work will be done by a designated governmental agency or contractor and the expense thereof shall be charged to the violator.
Penalties. In addition to, or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this article shall be guilty of a violation punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for a conviction of a first offense; for a conviction of a second offense, both of which were committed within a five-year period, punishable by a fine not less than $350, nor more than $750, or imprisonment for a period not to exceed six months, or both; 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 $750, nor more than $1,000, or imprisonment for a period not to exceed six months, or both. However, for the purpose of conferring jurisdiction upon courts and judicial offices generally, violations of this article shall be deemed misdemeanors and for such purpose only, all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation, or a civil penalty of up to $3,000 may be imposed and collected for each violation.