This law repeals, supersedes, and replaces Ch. 331, the Wastewater Management Law of the Town, adopted March 21, 2011, and its subsequent amendments.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state or federal law.
An owner shall be responsible for compliance with any applicable provision of this chapter or other law regardless of any agreement between or among contractors, lessors, operators, occupants, tenants or other persons as to which party shall be responsible. It shall be the duty of every owner who performs or causes to perform work for the abandonment, alteration, installation, relocation, repair or replacement of an OWTS to comply with any applicable provision of this chapter or other law.
The adoption of this chapter shall not affect or impair any act done, offense committed or right accrued or acquired or liability, penalty, forfeiture or punishment incurred prior to the time this chapter takes effect.
Nothing in this chapter shall be construed to relieve persons engaged in work on an OWTS from complying with other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on the owner, construction manager, general contractor, contractors, materialmen, registered design professionals, or other party involved in work on an OWTS to engage in sound design and engineering, safe construction or demolition practices including but not limited to debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
The Code Enforcement Officer, Watershed Manager, Watershed Inspector, member of the Zoning Board of Appeals or employee charged with the enforcement of this chapter, while acting for the Town in good faith and without malice in the discharge of the duties required by this chapter or other pertinent law, shall not thereby be rendered civilly or criminally liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties.
Legal defense. Any suit or criminal complaint instituted against any officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this chapter shall be defended by the legal representatives of the Town until the final termination of the proceedings. Such officer or employee shall not be liable for costs in any action, suit or proceeding that is instituted in pursuance of the provisions of this chapter.
An owner shall be required to execute a written agreement, which shall be approved by the Town Attorney, prior to the AHJ issuing any certificate or permit, or conducting any inspection as prescribed in this chapter. Such owner shall agree to indemnify, defend and hold harmless the Town and its officers, employees, agents and/or representatives from all claims, demands, lawsuits, liability, damage or judgments arising out of or in any way connected with the issuance of a certificate or permit, or conducting any inspection as prescribed in this chapter.
The Town Board of this Town may, by resolution, authorize the Supervisor of this Town to enter into an agreement, in the name of this Town, with other governments to carry out the terms of this chapter, provided that such agreement does not violate any applicable provision of this chapter or other law.
In any case where a provision of this chapter is found to be in conflict with a provision of any ordinance or local law, or with a provision of any statute, rule, regulation, or order of the State of New York, the provision which established the higher standard for the promotion of the health, welfare and safety of the citizens of the municipality shall prevail. In any case where a provision of this chapter is found to be in conflict with a provision of any other ordinance or local law existing on the effective date of this chapter, which established a lower standard for the promotion of the health, welfare and safety of the citizens of the municipality, the provisions of this chapter shall be deemed to prevail.
If any clause, sentence, paragraph, section or a part of this chapter shall be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, section or a part thereof directly involved in a controversy in which such judgment shall have been rendered.
This chapter shall be interpreted in such a way wherever possible so that the meaning of the words and phrases and sections herein shall make them valid and legal in their effect. Whenever the requirements of this law are at variance with the requirements of other lawfully adopted rules, regulations or laws, the law with the most restrictive provisions or those imposing the higher standards shall govern.
This chapter shall be operative immediately and effective upon being filed with the NYS Secretary of State pursuant to § 27 of the Municipal Home Rule Law of the NYS.