[HISTORY: Adopted by the Town Board of the Town of Somers as indicated in article histories. Amendments noted where applicable.]
Sewers — See Ch. 140.
[Adopted 2-10-2011 by L.L. No. 1-2011]
The Town of Somers hereby finds that it is necessary to the health, safety and welfare of the residents of the Town of Somers 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 Somers and drinking water supplies which pass through the Town of Somers.
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 Discharges from Municipal Separate Storm Sewer Systems (MS4) effective May 1, 2010, which require that the Town implement 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 chapter, the following terms shall have the meanings indicated:
- APPEALS AUTHORITY
- The Building Inspector.
- 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 Sections 873.722, 873.724 and 873.726 of the Westchester County Sanitary Code (see appendix for complete sections).
- SEPARATE SEWAGE DISPOSAL SYSTEM/ON-SITE WASTEWATER TREATMENT SYSTEM
- 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 Section 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.
- SEPTAGE COLLECTOR
- 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: Copies of said sections are available in the Town offices.
Beginning on May 1, 2011, the owner of any parcel located within the Town of Somers 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 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 by the septage collector, for a minimum of six years.
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 Somers and is served by a separate sewage disposal system/on-site wastewater treatment system that violates the provision of this chapter 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 30 days.
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 Building Inspector.
Compliance with this chapter shall not be deemed compliance or approval of the municipality under any other rules, regulations, code or laws, including, but not limited to, Article VIII of the Westchester County Sanitary Code.
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.