[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.]
A.
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.
B.
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.
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."
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.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
C.
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.
