[HISTORY: Adopted by the Town Board of the Town of Kent 4-19-2011 by L.L. No.
1-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Illicit discharges to storm sewers — See Ch. 43.
Sewer use, connections and rents — See Ch. 61.
[1]
Editor's Note: This local law was adopted as Ch. 48A
but was renumbered to preserve the alphabetical sequence of the Code.
A.Â
The Town of Kent hereby finds that it is necessary to the health,
safety and welfare of the residents of the Town of Kent that on-site
sanitary systems operate and be maintained in a manner that will prevent,
to the extent possible, hazards to the public health, to minimize
their potential for failure and to protect the drinking water supply
of the Town of Kent and drinking water supplies which pass through
the Town of Kent.
B.Â
This chapter 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-0-10-002 ("Permit") for Stormwater Discharge from
Municipal Separate Storm Sewer Systems (MS4), effective May 1, 2010,
which requires that the Town implement and enforce a program to ensure
that on-site sanitary 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 chapter, the following terms shall have the
meanings indicated:
The Municipal Code Enforcement Officer.
The evacuation and removal of septage as necessary from a
separate sewage disposal system/on-site sanitary system and subsequent
reporting by a septage collector that is licensed by the Putnam County
Department of Health.
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, each being designed for the treatment
of less than 1,000 gallons per day, regardless of location with respect
to any building or structure or premises thereby served. Such system
shall include, but shall not be limited to, septic tanks, cesspools,
absorption fields and other facilities for the treatment or modification
or required control of sewage.
The contents of any container, including but not limited
to a septic tank, which is designed and intended to hold sewage.
An individual or entity licensed by the Putnam County Health
Department 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 Putnam County, with respect to separate
sewage disposal systems: evacuation, removal, collection or transportation
of septage.
The combination of human and household waste with water which
is discharged to the home plumbing system including the waste from
a flush toilet, bath, sink, lavatory, dishwashing or laundry machine,
or the water-carried waste from any other fixture, equipment or machine.
A.Â
Beginning on May 1, 2011, the owner of any parcel located within
the Town of Kent which relies upon a separate sewage disposal system/on-site
sanitary system shall cause an inspection to be performed on said
separate sewage disposal system/on-site sanitary system at a minimum
frequency of once every five years.
B.Â
Upon the completion of any inspection, every owner shall maintain
a copy of the record of such inspection, which will be provided to
the owner by the septage collector, for a minimum of six years.
C.Â
The septage collector shall furnish one copy of the record of inspection
to the Municipal Code Enforcement Officer in the town/village in which
the separate sewage disposal system/on-site sanitary system is located
and one copy of the record of inspection to the Putnam County Health
Department.
[Amended 7-19-2011 by L.L. No. 3-2011]
The appeals authority shall not grant a waiver or exemption
from any of the requirements of this chapter provided, however, that
the appeals authority may vary the time requirements as referenced
within this chapter, upon the submission and consideration of evidence
which may necessitate an extension of time to comply with all aspects
of this chapter. Such extension shall not exceed 180 days.
Any owner of a parcel which is located in the Town of Kent and
is served by a separate sewage disposal system/on-site sanitary system
that fails to comply with the provisions of this chapter, shall be
guilty of a violation, and shall be subject to a penalty as follows:
A.Â
The municipal Code Enforcement Officer 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.Â
Any person or corporation, whether as owner, lessee, principal, agent,
employee or otherwise, which violates any of the provisions of this
chapter or permits any such violation or fails to comply with any
of the requirements thereof shall be guilty of a violation, punishable
by a fine not exceeding $250, for conviction of a first offense; for
conviction of a second offense, both of which were committed within
a period of five years, punishable by a fine of not less than $350
nor more than $700 and, upon conviction for a third or subsequent
offense, all of which were committed within a period of five years,
punishable by a fine not less than $700 nor more than $1,000. For
the purpose of conferring jurisdiction upon courts and judicial officers
generally, violations of this chapter or any part thereof or any condition
or requirement of subdivision approval shall be deemed misdemeanors.
Each fourteen-day period of continued violation shall constitute a
separate additional violation.
Compliance with this chapter shall not be deemed compliance
or approval of the municipality under any other rules, regulations,
codes or laws.
In the event that any provision of this chapter shall be held
unconstitutional or unlawful, the remaining provisions in this chapter
shall remain in full force and effect.
This chapter shall take effect immediately upon its adoption
and filing in the office of the Secretary of State.
