This Part 1 shall be known and may be cited as the "Town of
Montgomery Sewage Disposal Ordinance."
No septic tank, leaching pit, pipe or other means for the disposal
or discharge of sewage or sink wastes shall be installed anywhere
in the Town of Montgomery, except as herein provided.
A. Application. No installation of any septic tank, leaching pit, pipe
or other means for the disposal or discharge of trade wastes, industrial
wastes, sewage, excreta, kitchen wastes, sink wastes or laundry wastes
shall be begun, nor shall the construction or erection of any structure
intended for human occupancy be commenced, until an application duly
filled out in duplicate, on forms supplied by the Sanitary Inspector,
and drawings showing the intended location of the sewage disposal
system proposed to be used in connection with such structure, shall
have been filed with the Sanitary Inspector. A duplicate copy of the
application will be furnished to the applicant. No work shall be begun
until the drawings and application are approved by the Sanitary Inspector,
who shall note his approval on the applicant's copy.
B. A fee of $1 shall be paid to the Sanitary Inspector at the time of
the filing of the application, which fee shall be paid over to the
Supervisor of the Town. If a building permit shall be applied for
and paid for at the same time that the application is filed for a
permit pursuant to this Part 1, there shall be no separate charge
for the permit issued pursuant to this Part 1.
Duties of the Sanitary Inspector. It shall be the duty of the
Sanitary Inspector to:
A. Promptly investigate the proposed installation and approve or disapprove
the application; if approved, so note on the original and applicant's
copy; issue applicant colored permit (this permit to be prominently
displayed on or near the work site).
B. See that the provisions of this Part 1 are observed.
C. After final inspection, note approval on the original and applicant's
copy of the permit and inform the Town Clerk monthly of installations
approved or disapproved.
No septic tank, leaching pit or other device for the storage
or disposal of human excreta, sewerage, trade wastes or industrial
wastes shall be installed unless every part of such installation shall
be more than 10 feet from the boundary line of the property on which
it is located, 10 feet from the foundations of any building or drinking
water supply line and more than 50 feet from any suction line from
a well, lake, reservoir, stream or watercourse; nor shall any such
installation be located on the direct line of drainage to nor less
than 50 feet in a horizontal direction from any well in which the
casing extends watertight to a depth of 50 feet or more nor less than
100 feet in a horizontal direction from any other type well, spring
or other source of water supply. No sewer line shall pass closer than
25 feet to any well, 10 feet to any drinking water supply line or
five feet to any basement foundation, and any sewer pipe within 50
feet of any well or spring shall be watertight pipe with lead-caulked
or equal approved joints.
No person, firm or corporation, either as owner, lessee or tenant
of any property, dwelling, building or place, shall construct or maintain
any leaching pit, septic tank, sewage disposal system, pipe or drain
so as to expose or discharge the contents or other liquid or matter
therefrom to the atmosphere or on the surface of the ground or so
as to endanger any source of drinking water; nor shall any such person,
firm or corporation discharge into any watercourse, storm drain or
body of water any sewage or sewage effluent from a leaching pit, septic
tank, sewage disposal system, pipe or drain, except as permitted under
the provisions of the Public Health Law.
Nothing contained in this Part 1 shall be construed to permit
the installation or maintenance of disposal facilities which are or
may become a nuisance.
The Town Health Officer may at any time by inspection determine
that existing sewage disposal facilities on a property are inadequate
or do not function properly, or that there is not available an adequate
supply of water for use in connection therewith. In such cases, the
Health Officer shall notify the owner of the said premises in writing
of such fact, and a copy of such notice shall be sent to the Town
Clerk. Upon receipt of such notice, it shall be the duty of the owner,
within 10 days, to make application to the Town Clerk for a permit
for reconstruction or alteration within 30 days after receipt of said
notice. Unless such required reconstruction or alteration shall have
been completed within the 30 days, it shall be unlawful and improper
to use the said premises for human occupancy until such required reconstruction
or alteration shall have been completed and approved. The fee for
reconstruction or alteration permits shall be the same as that for
a new installation, and such work shall be inspected and approved
for new installation.
Any violation of this Part
1, either by the occupancy of a structure without a duly authorized certificate of approval or by the installation or use of a septic tank, leaching pit, or discharge pipe, without compliance with the terms and provisions aforesaid, or any violation of any terms and provisions of this Part
1, is hereby declared to be an offense against this Part
1, as provided by § 135, Subdivision 2, of the Town Law and shall render the owner of the land whereon the same was installed, or the tenant or the person so installing the same, or any other person liable to a fine not to exceed the sum of $50. Each week's continued violation after notice thereof shall constitute a separate additional violation.