A.
Site inspections. In filing an application for a building permit,
an applicant shall be deemed to have consented to site inspections
by the enforcement officer to conduct examinations, tests and other
inspections of the septic system site. Entrance upon the applicant's
property shall be made only at reasonable times and with advance notice
to the applicant where possible. It shall be the duty of the holder
of the building permit to notify the enforcement officer when the
installation of the system is ready for inspection. The inspection
shall be made as soon thereafter as practicable by the enforcement
officer. The enforcement officer may also make inspections during
construction to ensure that the system is being installed in accordance
with the terms of the permit. Any part of any installation which has
been covered prior to final approval shall be uncovered upon order
of the enforcement officer.
B.
Inspection upon complaint. The enforcement officer is authorized
to investigate all written complaints or concerns regarding sewage
and septic system compliance. If the enforcement officer finds a basis
to investigate such complaints or concerns, he or she shall first
make efforts to notify the property owner of the complaint or concerns,
and then proceed to visually inspect the septic system. The enforcement
officer shall attempt to obtain the property owner's cooperation to
validate and resolve any concerns.
If the enforcement officer finds that a septic system is not
functioning properly, or is not in compliance with applicable legal
requirements, he or she is authorized to order: (i) replacement of
the tank; (ii) pumping of the tank; (iii) other repairs or improvements;
to the extent reasonably necessary to restore functionality and compliance
with legal requirements. The property owner shall be responsible for
all actions and costs necessary to support septic system inspection
and repairs. If a violation of applicable legal requirements is found
to exist, the enforcement officer shall order the property owner to
terminate use of the septic system and discharge of sewage either
(i) immediately; or (ii) within 30 days if the property owner fails
to bring the septic system into compliance or perform required repairs
as ordered by the enforcement officer. If deficiencies are not resolved
within 30 days, the property owner shall also submit a schedule for
compliance to the enforcement officer, who may order compliance with
such schedule or such other schedule as he or she deems appropriate
to protect public health, welfare and the environment.
In case any septic system is constructed, reconstructed, altered,
converted or maintained or used, or any property is transferred, in
violation of this chapter, or any order of the enforcement officer
under this chapter is not complied with, the enforcement officer or
the Town Board, in addition to other remedies, may institute any appropriate
action to restrain, correct, or abate such violation, prevent the
use of such septic system, or enforce this chapter or requirements
under the State Public Health Law and regulations. The enforcement
officer is authorized to issue appearance tickets for violations of
this chapter, requiring appearance by the alleged violator in Lyons
Town Court.
Any person, firm or corporation who or which violates, disobeys,
neglects, refuses to comply with or resists the enforcement of any
provision of this chapter or any written order of the enforcement
officer issued under this chapter shall be subject to penalties set
by the Wayne County Water and Sewer Authority.
