A.
If a pumpout and visual inspection concludes that the septic system
is unsatisfactory, and therefore cannot meet the requirements of Section
19.7 of the Westchester County Sanitary Code, upon notification by
the Town of Cortlandt SMO or CEO, then the owner shall meet the requirements
of Section 19.8 of the Westchester County Sanitary Code by causing
an investigation of the septic system failure to be undertaken with
the cooperation of the WCDH within 60 days of the date of the notification.
Evidence of said investigation in the form of a letter from a contractor
or a New York State licensed professional engineer (P.E.) must be
submitted to the Town of Cortlandt SMO.
B.
If the Town of Cortlandt finds that no investigation has begun if
the septic system is deemed unsatisfactory, the Town of Cortlandt
SMO will further notify the WCDH that a failing septic system condition
may exist and request that the WCDH perform an investigation for possible
further action as specified in the Westchester County Sanitary Code.
C.
If the Town of Cortlandt finds that an investigation has begun and
has been completed in accordance with the above, and remediation or
repair of said SSDS is recommended, said lot owner shall commence
remediation or repair of said SSDS within 60 days, proof of which
shall be provided to the Town of Cortlandt SMO. If the Town of Cortlandt
finds that no remediation or repair has begun, the Town of Cortlandt
SMO will further notify the WCDH that a failing septic system condition
may exist and request that the WCDH perform an investigation for possible
further action as specified in the Westchester County Sanitary Code.
A.
Violations enumerated.
(1)
Failure to timely perform the inspection and maintenance required
by this chapter.
(2)
Failure to timely submit evidence of timely inspection and maintenance
as required by this chapter.
(3)
Failure to timely notify WCDH and/or to request an investigation
by WCDH when the results of an inspection indicate that the requirements
of the Westchester Sanitary Code cannot be met by the septic systems.
B.
Penalties for offenses. In addition to, or as an alternative to,
any penalty provided herein or by law, any person who violates the
provisions of this chapter shall be guilty of a violation punishable
by a fine not exceeding $100 annually, for conviction of a first offense;
for conviction of a second offense, a fine not exceeding $200 annually,
for conviction of a third offense, a fine not exceeding $300 annually;
for a fourth offense, a fine not exceeding $400 annually; for a fifth
offense, a fine not exceeding $500; which were committed within a
period of five years, punishable by a fine not less than $100 nor
more than $1,500. However, for the purposes of conferring jurisdiction
upon courts and judicial officers generally, violations of this chapter
shall be deemed misdemeanors and for such purpose only all provisions
of law relating to misdemeanors shall apply to such violations. Each
year's continued violation shall constitute a separate additional
violation.
A.
If only a portion of a lot is located within the EOH, then the owner
of the lot may be exempted from this regulation if the existing SSDS
is located outside the EOH. If an as-built plan of the SSDS exists,
said plan shall be provided to the Town of Cortlandt SMO for a determination.
If no as-built plan of the SSDS exists, the owner of the lot shall
contact the Town of Cortlandt SMO to conduct an investigation for
a determination if said SSDS is located within or outside of the EOH.
B.
A letter for exemption from this regulation must be submitted to
the Town of Cortlandt SMO. If an owner receives notice that his property
must have an inspection performed and the owner feels that the notice
is in error, the owner may submit information to the SMO to show that
no septic system is present.
C.
The Town of Cortlandt SMO will prepare a written acknowledgement
that the location of the SSDS on the lot is exempted from this regulation.
A.
If a septic system is installed on a lot, the system must be maintained
as described in this chapter at least once within five years from
the date that the WCDH issued a permit to discharge in compliance
with the requirements of this chapter.
B.
The CEO shall provide copies of certificates of occupancy (COs) for
all new septic systems located in the New York City East of Hudson
Watershed (EOH) to the Town of Cortlandt Environmental Department.
Should any portion of this chapter be declared illegal, the
remaining portion shall remain in full force and effect and be enforceable
as such.
