The Inspector bearing proper credentials and identification shall be permitted to enter all premises with an existing septic system for the purpose of inspection, observation, measurement, sampling, repair, replacement and maintenance of the septic system on the premises. To the extent practical, the Inspector (or its agents) shall provide the property owner with reasonable advance notice prior to entering or inspecting the property. To the extent that an owner does not allow access, the District shall not be required to provide services as contemplated by § 36-312 of this chapter.
A.
On a periodic basis established by the Town Board, the Inspector
shall inspect each existing septic system to determine the status
of each septic system. Each septic system shall be determined to fall
within one of the following categories:
B.
The Septic Maintenance District shall develop a plan, schedule and design for those septic systems falling within categories in Subsection A(1) and (2). Except for a new user or expansion of an existing septic system, the cost of repairing or replacing any septic system shall be paid by the Septic Maintenance District.
The District shall be responsible for the operation and maintenance
of the existing septic systems (commencing at the septic tank) located
within the Septic Maintenance District. The Septic Maintenance District
will develop a maintenance schedule for the septic systems. The maintenance
schedule shall provide for each conventional septic system to be inspected
on a periodic basis and for each septic tank to be pumped out on a
periodic basis. Alternative septic systems (advanced or mechanical
systems) may be inspected more frequently as deemed prudent and necessary
by the Town Board. The cost of the inspections and pumping will be
paid by the Septic Maintenance District. Notwithstanding the foregoing,
the District's obligation to operate and maintain septic systems
under this section is limited to septic systems that are used to treat
domestic wastes.
The Septic Maintenance District is not responsible for any damage
or maintenance to the lateral or plumbing. The Septic Maintenance
District is not responsible for the repair or replacement of a septic
system if the repair or replacement was caused, in substantial part,
by the failure of the property owner (or occupant) to comply with
the terms and conditions of this Sewer Use Law or the intentional
malfeasance of the owner or occupant. In the event that the Inspector
determines that the user is responsible for the cost of repairing
or replacing the septic system, the user may contest the Inspector's
determination by submitting a petition to the Town Board within 30
days of receipt of the Inspector's determination. The Repair
Charge shall be due from the user within 30 days from the mailing
of the invoice and, if appealed to the Town Board, 30 days from the
Town Board's determination, whichever is later.
During the performance of inspections, sampling, or other similar
operations, the Inspector shall observe all applicable and reasonable
safety rules established by the owner of the premises. The owner shall
be held harmless for personal injury or death of the Inspector and
the loss of or damage to the Septic Maintenance District's or
agent's supplies or equipment; and the District shall indemnify
the owner against such loss or damage except as such may be caused
by negligence or failure of the owner or occupant to maintain safe
conditions.
The District's responsibility is to maintain, repair or,
if necessary, replace existing septic systems. The District's
obligation to maintain, repair and replace existing septic systems
is contingent upon the available funds. On or before November 1 of
each year, the District will prepare a budget and a schedule for repairs,
maintenance, inspections and replacements to be made in the upcoming
calendar year. As a condition of the District providing sewer maintenance
services, under no circumstances will the District be responsible
for consequential damages or indirect damages for failure to repair,
replace or maintain a septic system or the improper repair, replacement
or maintenance of a septic system. As a condition to the District
providing such service to a property owner, the property owner, by
providing property access, is deemed to consent to the conditions
set forth herein. Under no circumstances is the District responsible
for damages arising from contamination of soils, groundwater, surface
water or air (including any remedial costs) arising from its obligations
hereunder or its failure to timely implement corrective action hereunder.
