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.
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.
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.
Failure to timely perform the inspection and maintenance required by this chapter.
Failure to timely submit evidence of timely inspection and maintenance as required by this chapter.
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.
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.
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.
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.
The Town of Cortlandt SMO will prepare a written acknowledgement that the location of the SSDS on the lot is exempted from this regulation.
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.
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.