[HISTORY: Adopted by the Town Board of the Town of Harrison 6-2-2011 by L.L. No. 4-2011. Amendments noted where applicable.]
The Town/Village of Harrison hereby finds that it is necessary to the health, safety and welfare of the residents of the Town/Village of Harrison, that separate sewage disposal systems that are located on properties in the Town/Village of Harrison located in the New York City Watershed, as more fully set forth in § 129-2, operate and be maintained in a manner that will prevent, to the extent possible, hazards to the public health and to protect the New York City Watershed, the drinking water supply of the Town/Village of Harrison and drinking water supplies which pass through the Town/Village of Harrison. This local law 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, 2011, which require that the Town/Village implement and enforce a program to ensure that separate sewage disposal systems/on-site wastewater treatment systems located on properties in the Town/Village of Harrison and which are located in the New York City Watershed 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:
- APPEALS AUTHORITY
- shall mean the Building Inspector.
- shall mean 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 section 873.722, 873.724 and 873.726 of the Westchester County Sanitary Code (see Appendix for complete sections).
- LIST OF BLOCKS AND LOTS IN THE TOWN/VILLAGE OF HARRISON LOCATED IN THE NEW YORK CITY WATERSHED
- Map 097, Block 971, Lots 1, 2, 6, 7, 8, 9, 12, 22; Map 98B, Block 981, Lots 13, 21, 22, 23, 40, 41, 52, 67; Map 98B, Block 982, Lots 5, 8, 9; Map 98B, Block 984, Lots 5, 9; Map 98A, Block 984, Lots 40, 41, 42; Map 101, Block 1011, Lots 1, 3, 7; Map 101, Block 1012, Lots 4, 5, 6, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 39, 40, 41, 42, 43, 44, 45, 46, 47; Map 101, Block 1013, Lots 1, 2, 3, 4; Map 101, Block 1014, Lots 1, 2, 3, 4, 7, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 42; Map 102, Block 1021, Lot 2, 3, 5, 13, 16; Map 103, Block 1031, Lot 1; Map 103, Block 1032, Lot 5, 6, 7, 8; Map 103, Block 1033, Lot 1.
- SEPARATE SEWAGE DISPOSAL SYSTEM/ON-SITE WASTEWATER TREATMENT SYSTEM
- shall mean 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 substance, as defined in section 873.721 of the Westchester County Sanitary Code, before subsurface discharge.
- shall mean the contents of a septic tank or other Separate Sewage Disposal System/On-Site Wastewater Treatment System which receives sanitary sewage waste.
- SEPTAGE COLLECTOR
- shall mean 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.
Editor's Note: The Appendix is located at the end of this chapter.
Beginning on May 1, 2011, the owner of any parcel located within an area of the Town/Village of Harrison which is located in the New York City Watershed, (see § 129-2) and 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 minimum frequency of once every five (5) years.
Upon the completion of any inspection, every owner shall maintain a copy of the record of such inspection as required by section 873.724 of the Westchester County Sanitary Code, which will be provided to the owner or the Septage Collector, for a minimum of six (6) years.
The Appeals Authority shall not grant a waiver or exemption from any of the requirements of this local law; provided, however, that the Appeals Authority may vary the time requirements as referenced within this local law, upon the submission and consideration of evidence which may necessitate an extension of time to comply with all aspects of this local law. Such extension shall not exceed one hundred eighty (180) days.
Any owner of a parcel which is located within the area of the Town/Village of Harrison which is located in the New York City Watershed (see § 129-2) which is served by a Separate Sewage Disposal System/On-site Wastewater Treatment System that violates the provision of this local law, shall be guilty of a violation, and shall be subject to a penalty as follows:
The Building Inspector 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 10 days.
If the violation is not remedied within 10 days, the owner shall be subject to a minimum $1,500.00 fine but not to exceed $2,500.00 fine for each violation. Thereafter, beginning on the 11th day of the continuing violation, the owner shall be subject to a fine in the amount of $2,500.00 for each ten (10) day period until the violation is remedied and can be verified in writing by the Building Inspector.
Compliance with this local law shall not be deemed compliance or approval of the municipality under any other rules, regulations, codes or laws including, but not limited to, Article VIII of the Westchester County Sanitary Code.
In the event that any provision of this local law shall be held unconstitutional or unlawful, the remaining provisions in this local law shall remain in full force and effect.
The owner shall operate and maintain the private sewage disposal facilities in a sanitary manner at all times at no expense to the Town/Village of Harrison and the owner shall comply with the inspection requirements of Chapter 129 of the Code of the Town/Village of Harrison.