The purpose of this chapter is to preserve and
protect the quality of surface and groundwater in the Town of Phelps.
These standards are established to ensure adequate performance of
wastewater treatment systems, to protect public health and to optimize
the effectiveness of the systems at removing nutrients from wastewater.
If any section, paragraph, subdivision or provision
of this chapter shall be judged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part or provision thereof other than the part so decided to
be invalid or unconstitutional.
No wastewater system shall be placed in operation
or any new building, structure or mobile home be occupied until a
"permit to operate" or "certificate of occupancy" has been issued
indicating that such system has been constructed in compliance with
the wastewater system construction permit.
[Amended 8-10-2015 by L.L. No. 3-2015]
A written notice of violation shall be issued to any property
owner with a wastewater treatment system found in violation of this
chapter, stating the date(s) by which corrective action shall be completed.
Any violation beyond that date shall be punishable by a fine of $250
and/or imprisonment not to exceed 15 days per day of violation. Each
day of violation shall be considered a separate offense. In the event
of continued violations, the regulatory officer may apply for an injunction
or other relief, including property condemnation, from the appropriate
court or Town Board. In the event that the Town institutes proceedings
either in local court, county court or in Supreme Court to enforce
the provisions of this chapter, the offending party(ies) shall be
liable for all attorneys' fees, costs and disbursements incurred
by the Town in bringing said enforcement proceedings. More-severe
penalties than listed above may be imposed by a local court, county
court or Supreme Court for blatant and willful violations, such as
pumping septic or holding tank waste directly into surface water.
Fees will be set by the Town of Phelps and adjusted
as needed to be charged for each wastewater system construction permit
and wastewater system inspection by the regulatory officer.