[Adopted 2-17-2010 by L.L. No. 2-2010]
[Amended 10-16-2019 by L.L. No. 1-2019[1]]
This article’s purpose is to protect from further degradation those water bodies in the Town of Putnam Valley designated as within the Lake Oscawana District and the Lake Oscawana Watershed by the New York State Department of Environmental Conservation by reducing phosphorous-loading in said water bodies through the required periodic pump-out and inspection of all septic systems located on properties which are within the watershed of said water bodies.
[1]
Editor's Note: Pursuant to this local law, the title of Art. I, which was formerly Tank Pump-Out for Protection of Impaired Water Bodies, was amended.
As used herein, the following terms shall have the following meanings:
303(D) IMPAIRED WATER BODY
A body of water listed as "impaired" under Section 303(d) of the Federal Clean Water Act.
LAKE OSCAWANA WATERSHED
All lands whose drainage overflows toward and/or into Lake Oscawana.
[Added 10-16-2019 by L.L. No. 1-2019]
LOT
A parcel of land bearing a designation on the Town of Putnam Valley Tax Map.
SEPTIC SYSTEM
A system for the collection, treatment and subsurface disposal of wastewater.
A. 
The owner of each lot within the Lake Oscawana Watershed and the Lake Oscawana District, which lot contains one or more septic systems, shall cause said systems to be pumped, cleaned and inspected by a licensed septic contractor [in a manner sufficient to enable the inspector to furnish the information required in § 90-5A(4)], within the time period specified by Subsection B hereof and at least once every three years thereafter.
[Amended 10-16-2019 by L.L. No. 1-2019]
B. 
The obligation specified in Subsection A hereof shall initially be fulfilled within the following time periods:
(1) 
In the case of water bodies already designated as 303(d) impaired:
(a) 
Within 12 months following this article's adoption in the case of all lots wholly or partly contiguous to the water body ("waterfront lots" hereafter);
(b) 
Within 24 months following this article's adoption in the case of all nonwaterfront lots lying wholly or partly within 200 feet of the waterfront;
(c) 
Within 36 months following this article's adoption in the case of all other lots within the particular watershed.
(2) 
In the case of water bodies designated as 303(d) impaired following the adoption of this article:
(a) 
Within 12 months following the 303(d) designation in the case of all waterfront lots;
(b) 
Within 24 months following the 303(d) designation in the case of all nonwaterfront lots lying wholly or partly within 200 feet of the waterfront; and
(c) 
Within 36 months following the 303(d) designation in the case of all other lots within the watershed.
A. 
Within 60 days following this article's adoption, the Town Board shall identify each lot to which this article will apply on the date of its adoption and shall, in writing, notify the owner of each such lot of this article's adoption.
B. 
If, as and when additional 303(d) impaired water bodies are identified and so designated by the DEC following this article's adoption, the Town Board shall, within 60 days following such designation, in writing notify the owners of all lots within the watershed of said water body of this article's requirements.
C. 
The Town Board's failure to identify or to timely identify all lots to which this article applies or shall hereafter apply shall not exempt said lots from this article's requirements but shall suspend the application of this article to said omitted lots [and toll the running of compliance time period(s)] until such time as the owners of said lots shall have received written notice of this article's adoption.
A. 
Upon completion of a septic system pump-out and inspection, each lot owner shall, within 30 days following such pump-out, provide the Town Code Enforcement Officer ("CEO" hereafter) with a paid receipt from the septic contractor, which receipt shall state:
(1) 
The lot owner's name;
(2) 
The street address and Tax Map designation of the lot;
(3) 
The pump-out date; and
(4) 
The contractor/inspector's report of any observed functional irregularities and/or deficiencies in the system and his/her recommendations, if any, for additional maintenance and/or remediation.
B. 
Duplicate copies of the receipt(s) specified under Subsection A above shall be maintained on site by the lot owner and shall be exhibited to the Town Code Enforcement Officer upon request.
C. 
Those lot owners now or hereafter subject to this article whose septic systems have been pumped within 36 months prior to the date upon which this article shall take effect in respect to said lot(s) shall be exempt from this article's initial application to said lots pursuant to § 90-3B. To qualify for said initial exemption, the owner(s) must provide to the CEO, within 120 days following the date upon which this article shall take effect in respect to said owner's lot, a paid receipt containing the information specified in Subsection A hereof (except tax lot number, which the owner may enter upon the receipt), which receipt shall confirm the pump-out of said owner's septic system within the preceding thirty-six-month period.
Violations of this article shall be deemed a violation under the New York State Penal Law, punishable for a first offense by a fine of up to $500, imprisonment for up to 15 days, or both. For a second and any subsequent offense(s), a fine of up to $1,500 or imprisonment for up to 15 days, or both, may be imposed.