[Adopted 3-15-2011 by L.L. No. 3-2011]
A. 
The Town of Yorktown hereby finds that it is necessary to the health, safety and welfare of the residents of the Town of Yorktown 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 the Town of Yorktown and drinking water supplies which pass through the Town of Yorktown.
B. 
This article 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-0-08-002 ("permit") for Stormwater Discharges from Municipal Separate Storm Sewer Systems (MS4) effective May 1, 2008, which require that the Town implement, through the enactment of the necessary legal authority, 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 article, the following terms shall have the meanings indicated:
APPEALS AUTHORITY
The Town Engineer.
INSPECTION
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 §§ 873.722, 873.724 and 873.726 of the Westchester County Sanitary Code (see Appendix for complete codes).[1]
SEPARATE SEWAGE DISPOSAL SYSTEM/ON-SITE WASTEWATER TREATMENT SYSTEM
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 harmful or deleterious substances, as defined in § 873.721 of the Westchester County Sanitary Code, before subsurface discharge.
SEPTAGE
The contents of a septic tank or other separate sewage disposal system/on-site wastewater treatment system which receives sanitary sewage waste.
SEPTAGE COLLECTOR
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.
[1]
Editor's Note: Said Appendix is included at the end of this chapter.
A. 
Beginning on May 1, 2011, the owner of any parcel located within the Town of Yorktown 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 frequency as required by the permit and/or successor permits. As of the effective date of this article, such frequency is once every five years.
B. 
Upon the completion of any inspection, every owner shall maintain a copy of the most recent record of such inspection as required by § 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.
A. 
The appeals authority shall not grant a waiver or exemption from any of the requirements of this article.
B. 
The appeals authority may vary the time requirements as referenced within this article, upon the submission and consideration of evidence which may necessitate an extension of time to comply with all aspects of this article. Such extension shall not exceed 180 days.
Any owner of a parcel which is located in the Town of Yorktown and is served by a separate sewage disposal system/on-site wastewater treatment system that violates the provision of this article, shall be guilty of a violation and shall be subject to a penalty as follows:
A. 
The Town Engineer 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 $200 for each violation. Thereafter, beginning on the 31st day of the continuing violation, the owner shall be subject to a fine in the amount of $200 for each fourteen-day period until the violation is remedied and can be verified in writing by the Town Engineer.