[HISTORY: Adopted by the Town Board of the Town of Highland by L.L. No. 2-2002. Amendments noted where applicable.]
This chapter shall be known and cited as the "Sewage Disposal Law of the Town of Highland."
The purpose of this chapter is to regulate the disposal of sewage within the Town of Highland in the interest of health and safety.
[Amended 7-14-2009 by L.L. No. 4-2009]
No person, firm, or corporation either as owner, lessee, tenant or occupant of any property, dwelling building, or place shall discharge untreated sewage or any of its noxious constituents to the atmosphere, ground surface, ground water, or storm drains located in the Town of Highland. The term "sewage" as used in this chapter shall include trade wastes, industrial wastes, sewage, excreta, kitchen wastes, sink wastes, laundry wastes, and other similar wastewaters.
Plans for every sewage disposal system to be built or altered in the Town of Highland must be approved in writing on a sewage disposal permit issued by the Town Code Enforcement Officer before construction begins. The Town Code Enforcement Officer shall issue a sewage disposal permit for a sewage disposal system, when the following requirements have been met, in the stated order:
Presentation of a written application describing the pertinent details of the proposed system and including a sketch or plan.
Payment of a sewage disposal permit fee, to be fixed from time to time by the Town Board to defray expenses of the Town Code Enforcement Officer in the administration of this chapter.
Inspection of the site by the Town Code Enforcement Officer and/or other designated Town officers.
Determination by the Town Code Enforcement Officer that the proposed sewage disposal system is likely to function satisfactorily under the foreseeable circumstances.
In every case where a sewage disposal systems requires prior approval by the New York State or local Health Department or the Department of Environmental Conservation, such written approval must be exhibited to the Town Code Enforcement Officer before he issues a sewage disposal permit.
In every case where a sewage disposal system does not require prior approval of the New York State of local Health Department or the Department of Environmental Conservation, the sewage disposal system shall be designed, if possible, in accordance with the current design standards of the New York State Health Department or the Department of Environmental Conservation, as provided under this section of the Town of Highland Zoning Law. Minor variations from the state standards may be permitted by the Town Code Enforcement Officer, at his discretion, after consultation with the Town Engineer. The necessary printed information on applicable design standards, will be supplied to prospective builders by the Town Code Enforcement Officer for a nominal fee set by the Town Board from time to time to defray expenses. Cases not covered by the state design standards will be subject to requirements established by the Town Engineer.
Failure to construct a sewage disposal system in substantial conformity with the sewage disposal permit may result in immediate revocation of the permit by the Town Code Enforcement Officer, thereby subjecting the builder of the sewage disposal system to the penalties prescribed herein.
Sewage disposal systems in existence at the time of adoption of this chapter may be used without permits provided there are no malfunctions of such systems that create conditions as set forth in § 150-3 of this chapter. In the event of malfunctions resulting in such conditions, a sewage disposal permit must be obtained and corrective action completed within 30 days unless a time extension is granted by the Town Code Enforcement Officer.
The Town Board, the Town Health Officer, the Town Engineer and the Town Code Enforcement Officer shall be empowered to enter onto any premises during reasonable business hours to inspect and/or test new or existing sewage disposal systems for compliance with this chapter. All underground work must be inspected and approved by the Town Code Enforcement Officer before it is covered.
Any violation of this chapter is hereby declared to be an offense and shall render the owner of the land or the lessee, tenant or occupant if his responsibility is fixed by contractual agreement or the builder of a nonconforming new system, if appropriate, liable to a fine not to exceed $250 or imprisonment for not more than six months for each offense or both.
Each and every day that any such violation continues after notification that such violation exists shall constitute a separate offense. Such notice shall be written by the Code Enforcement Officer and shall be served either by certified mail or by an appearance citation to the court, of courts appropriate jurisdiction, including the court of the Town Justice.
Should there be a conflict or provision between this chapter and any other local or state rules, regulations, codes or laws the more restrictive shall apply.