[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:
The Town Engineer.
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]
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.
The contents of a septic tank or other separate sewage disposal
system/on-site wastewater treatment system which receives sanitary
sewage waste.
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.
