A.
If a pumpout and visual inspection concludes that the septic system
is deemed "detailed investigation needed," and therefore cannot meet
the requirements of Section 19.7 of the Dutchess County Sanitary Code,
upon notification by the Town of Pawling SMO or CEO, then the owner
shall meet the requirements of Section 19.8 of the Dutchess County
Sanitary Code by causing an investigation of the septic system failure
to be undertaken with the cooperation of the DCDH within 60 days of
the date of the notification. Evidence of said investigation in the
form of a letter from a contractor or a New York State licensed professional
engineer (PE) and a completed Town of Pawling Subsurface Sewage Disposal
System Investigation and Remediation Form must be submitted to the
Town of Pawling SMO or CEO.
B.
If the Town of Pawling finds that no investigation has begun if the
septic system is deemed "detailed investigation needed," the Town
of Pawling SMO or CEO will further notify the DCDH that a failing
septic system condition may exist and request that the DCDH perform
an investigation for possible further action as specified in the Dutchess
County Sanitary Code.
C.
If the Town of Pawling finds that an investigation has begun and has been completed in accordance with Subsection A above, and remediation or repair of said SSDS is recommended, said lot owner shall commence remediation or repair of said SSDS within 60 days, proof of which shall be provided to the Town of Pawling SMO and CEO. If the Town of Pawling finds that no remediation or repair has begun, the Town of Pawling SMO or CEO will further notify the DCDH that a failing septic system condition may exist and request that the DCDH perform an investigation for possible further action as specified in the Dutchess County Sanitary Code.
A.
Failure to timely perform the inspection and maintenance required
by this chapter.
B.
Failure to timely submit evidence of timely inspection and maintenance
as required by this chapter.
C.
Failure to timely notify DCDOH and/or to request an investigation
by DCDOH when the results of an inspection indicate that the requirements
of the Dutchess County Sanitary
Code cannot be met by the septic systems.
D.
In addition to, or as an alternative to, any penalty provided herein
or by law, any person who violates the provisions of this chapter
shall be guilty of a violation punishable by a fine not exceeding
$100 annually, for conviction of a first offense; for conviction of
a second offense, a fine not exceeding $200 annually; for conviction
of a third offense, a fine not exceeding $300 annually; for a fourth
offense, a fine not exceeding $400 annually; for a fifth offense,
a fine not exceeding $500; which were committed within a period of
five years, punishable by a fine not less than $100 nor more than
$1,500. However, for the purposes of conferring jurisdiction upon
courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
year's continued violation shall constitute a separate additional
violation.
A.
If only a portion of a lot is located within the EOH Watershed, then
the owner of the lot may be exempted from this regulation if the existing
SSDS is located outside the EOH Watershed. If an "as-built" plan of
the SSDS exists, said plan shall be provided to the Town of Pawling
SMO or CEO for a determination. If no "as-built" plan of the SSDS
exists, the owner of the lot shall contact the Town of Pawling SMO
or CEO to conduct an investigation for a determination if said SSDS
is located within or outside of the EOH Watershed.
B.
A letter for exemption from this regulation must be submitted to
the Town of Pawling SMO or CEO. If an owner receives notice that his
or her property must have an inspection performed and the owner feels
that the notice is in error, the owner may submit information to the
SMO or CEO to show that no septic system is present.
C.
The Town of Pawling SMO or CEO will prepare a written acknowledgement
that the location of the SSDS on the lot is exempted from this regulation.
If a septic system is installed on a lot, the system must be
maintained as describe in this chapter at least once within five years
from the date that the DCDOH issues a permit to discharge in compliance
with the requirements of this chapter.
