[HISTORY: Adopted by the Board of Trustees of the Village of Sag Harbor 12-13-2011 by L.L. No. 10-2011. Amendments noted where applicable.]
The Village of Sag Harbor hereby finds that it is necessary to the health, safety and welfare of the residents of the Village of Sag Harbor 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 Village of Sag Harbor.
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 mean the following:
- The inspection of an on-site sanitary system and subsequent reporting through the completion of an approved septic form by a licensed septage contractor. Such form shall contain a certification by the septage contractor, based upon the inspection, stating whether or not such system is operating properly or is in need of service.
- ON-SITE WASTEWATER DISPOSAL SYSTEM
- Any in-ground cesspool, septic tank or drain field as defined herein, or any combination of such structures, used for the disposal of sanitary sewage and normal domestic wastes generated on or near the property on which the system is located, and sometimes referred to as a "disposal system" or simply a "system."
- SANITATION OFFICER
- The Village Building Inspector.
- The contents of any container, including but not limited to a septic tank, which is designed and intended to hold sewage.
- SEPTAGE CONTRACTOR
- An individual or entity licensed to engage 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 Suffolk 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.
Beginning on May 1, 2012, the owner of any parcel located within the Village of Sag Harbor which relies upon an on-site sanitary system shall cause an inspection to be performed on said on-site sanitary 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, which will be provided to the owner by the septage contractor, for a minimum of six years.
The septage contractor shall furnish one copy of the record of inspection to the Sanitation Officer.
The Sanitation Officer shall not grant a waiver or exemption from any of the requirements of this chapter; provided, however, that the Sanitation Officer 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 local law. Such extension shall not exceed 180 days.
Every owner of an on-site wastewater disposal system shall have the same pumped or cleaned after the owner receives from the Sanitation Inspector written notice that the system is not operating properly or is otherwise in need of such service.
The Sanitation Inspector shall be primarily responsible for the administration and enforcement of this chapter. With the consent of the Village Board, the Sanitation Inspector may designate other persons to assist him in his duties. Unless specifically limited by the Inspector or the Board, such other persons shall have all of the functions, responsibilities and authority given to the Sanitation Inspector hereunder.
Any owner of a parcel which is located in the Village of Sag Harbor and is served by an on-site sanitary system that fails to comply with the provision of this chapter shall be guilty of a violation, and shall be subject to a penalty as follows.
The Sanitation 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.
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 not 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 not 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.