The Inspector (or an agent of the district authorized by the Inspector), bearing proper credentials and identification, shall be permitted to enter all premises with an existing septic system located within the district for the purpose of inspection, observation, measurement, sampling, repair, replacement and maintenance of the septic system on the premises. To the extent that an owner does not provide access pursuant to § 104-21, the owner shall not be provided septic maintenance services and the district shall have no responsibility for replacing, maintaining and repairing said septic system. 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.
A.
On a periodic basis established by the Town Board, the Inspector
(or its authorized agent) shall inspect the existing septic systems
within the district to determine the status of each septic system.
The following categories shall represent each septic system:
B.
The district shall develop a plan, schedule and design for those
septic systems that need to be repaired and/or replaced. Except for
new users and/or expansion of existing septic systems or except as
otherwise provided for herein, the cost of repairing and/or replacing
any septic system shall be paid by the district through the fund,
provided adequate funds remain within the fund.
The district shall be responsible for the operation and maintenance
of the existing septic systems (commencing at the septic tank) located
within the district. The district, with its consultant's assistance,
will develop a maintenance schedule for the existing septic systems.
The maintenance schedule shall provide for each conventional septic
system to be inspected on a regular basis (e.g., three years) and
each septic tank pumped out on a regular basis (e.g., every three
years) as deemed prudent and necessary by the Board. Alternative septic
systems (advanced or mechanical systems) may be inspected more frequently
(e.g., one year) as deemed prudent and necessary by the Board. The
cost of the inspections and pumping will be paid by the district through
the fund. 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 district is not responsible for any damage and/or maintenance
to the lateral and/or plumbing. The district is not responsible for
the repair and/or replacement of a septic system if the repair and/or
replacement was caused, in substantial part, by the failure of the
property owner (or occupant) to comply with the terms and conditions
of the Sewer Use Law and/or the intentional malfeasance of the owner
and/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 Town Board, in its discretion,
may conduct a public hearing prior to making a determination. In all
cases, the user shall have the right to appear at the Town Board meeting
and/or hearing (if held) to present his/her case. 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. The repair charge
is subject to the same payment procedure as the sewer rent.
During the performance, on private premises, of inspections,
sampling, or other similar operations, the Inspector (or his/her agents)
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 (or his/her agents) and
the loss of or damage to the district's or agent's supplies
and/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 and/or,
if necessary, replace existing septic systems within the district.
The district's obligation to maintain, repair and replace existing
septic systems is contingent upon the available funds within the fund.
In the fall 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. Based upon that budget and
the projected income, the Board will determine whether to impose a
sewer rent and, if so, how much for the next calendar year. The amount
of the sewer rent, if any, will be in proportion to and based upon
the amount necessary to preserve the principal in the fund and for
the principal to increase with inflation. 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
and/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 (property or
bodily) 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.
