[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:
A.
Presentation of a written application describing the pertinent details
of the proposed system and including a sketch or plan.
B.
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.
C.
Inspection of the site by the Town Code Enforcement Officer and/or
other designated Town officers.
D.
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.[1] 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.
A.
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.
B.
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.
