[HISTORY: Adopted by the Town Board of the Town of North
Castle as indicated in article histories. Amendments noted where applicable.]
[Adopted 3-23-2011 by L.L. No. 2-2011 (Ch. 163, Art. I, of
the 1987 Code)]
A.
To support the water quality guidelines negotiated with the New York
State Department of Environmental Conservation and New York City Department
of Environmental Protection for stormwater runoff in an attempt to
reduce the phosphorous and nitrogen loading in the Town's stormwater
and to further support the health, safety and welfare of the residents
of the Town of North Castle, the Town of North Castle hereby finds
it necessary that separate sewage disposal systems operate and be
maintained in a manner that will prevent, to the extent possible,
hazards to the public health and to protect the drinking water supply
of, and that which passes through, the Town of North Castle.
B.
This chapter is intended to implement the provisions of Part IX.A.3.b
of the New York State Department of Environmental Conservation SPDES
General Permit GP-0-10-002 ("permit") for Stormwater Discharges from
Municipal Separate Storm Sewer Systems (MS4), effective May 1, 2010,
which require that the Town implement and enforce a program to ensure
that separate sewage disposal systems/on-site wastewater treatment
systems are inspected and, where necessary, maintained or rehabilitated
as required by Part IX.A.3.b of the permit and/or similar provisions
in successor permits.
As used in this chapter, the following terms shall have the
meanings indicated:
The Building Inspector.
The evacuation and removal of septage from a separate sewage
disposal system/on-site wastewater treatment system and subsequent
reporting by a septage collector that is licensed by the Westchester
County Department of Health pursuant to Sections 873.722, 873.724
and 873.726 of the Westchester County Sanitary Code.
A system or facilities or means for the treatment or modification
or ultimate disposal of waterborne sewage or domestic wastes or trade
wastes or offensive material, regardless of location with respect
to any building or structure or premises thereby served, including
but not limited to septic tanks. Such system shall include, but shall
not be limited to, facilities for the treatment or modification or
required control of a harmful or deleterious substance, as defined
in Section 873.721 of the Westchester County Sanitary Code, before
subsurface discharge.
The contents of a septic tank or other separate sewage disposal
system/on-site wastewater treatment system which receives sanitary
sewage waste.
An individual or entity licensed by the Westchester County
Commissioner of Health who engages in the performance of any one or
more of the following services, or who offers to provide any one or
more of the following services for a fee, in Westchester County, with
respect to separate sewage disposal systems: evacuation, removal,
collection or transportation of septage.
A.
Beginning on May 1, 2011, the owner of any parcel located within
the New York City Croton or Kensico Reservoir Watersheds and located
within the Town of North Castle which relies upon a separate sewage
disposal system/on-site wastewater treatment system for the treatment
or modification or ultimate disposal of waterborne sewage or domestic
wastes or trade wastes or offensive material with respect to any building
or structure thereon shall cause an inspection to be performed on
said separate sewage disposal system/on-site wastewater treatment
system at a minimum frequency of once every five years.
B.
Upon the completion of any inspection, every owner shall maintain
a copy of the record of such inspection as required by Section 873.724
of the Westchester County Sanitary Code, which will be provided to
the owner by the septage collector, for a minimum of six years.
The appeals authority shall not grant a waiver or exemption
from any of the requirements of this chapter; provided, however, that
the appeals authority may vary the time requirements as referenced
within this chapter upon the submission and consideration of evidence
which may necessitate an extension of time to comply with all aspects
of this chapter. Such extension shall not exceed 180 days.
Any owner of a parcel which is located in the Town of North
Castle and is served by a separate sewage disposal system/on-site
wastewater treatment system that violates the provision of this chapter
shall be guilty of a violation and shall be subject to a penalty as
follows:
A.
The Building Inspector shall first issue a written notice of violation
to the owner, informing the owner of the anticipated imposition of
penalties if the violation is not corrected within 30 days.
B.
If the violation is not remedied within 30 days, the owner shall
be subject to a fine not to exceed $1,000 for each violation per day
per violation or imprisonment for a term not exceeding 15 days, or
both such fine and imprisonment. Each day in which any such violation
shall continue shall be deemed a separate offense.
[Amended 4-29-2020 by L.L. No. 3-2020]
Compliance with this chapter shall not be deemed compliance
or approval of the municipality under any other rules, regulations,
code or laws, including, but not limited to, Article VIII of the Westchester
County Sanitary Code.
