Any applicant found to be violating any provision of this chapter, except §
115-58, shall be served by the Town with written notice stating the nature of the violation and providing a thirty-day-or-less time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
Any applicant who fails to comply with the provisions of this
chapter, other than those provisions pertaining to the payment of
charges for services established herein, shall be guilty of disorderly
conduct and shall be subject to a fine as established on the rate
and penalty schedule for each offense. The continued violation of
any provision of any section of this chapter, other than those pertaining
to the payment of charge for services established herein, shall constitute
a separate offense for each and every day such violation of any provision
hereof shall continue.
As an alternative, upon violation of this chapter, the Town
Board, in addition to other remedies, may institute any appropriate
action or proceedings, including an injunction to prevent such unlawful
use, construction or maintenance of cesspools, septic tanks, sewerage
disposal systems, pipes or drains, to restrain, correct or abate such
violation, to prevent the occupancy of any building, structure or
land where said violations of this chapter are found.
Any applicant violating any of the provisions of this chapter
shall become liable to the Town and/or district by reason of such
violation and shall also be liable for all costs and Town expenses
associated with the repair of the damage and for any fines imposed
as a result of such violation.
The Town Board's opinion shall be controlling in the event that
differences between a Department and applicant exists on matters concerning
interpretation and execution of the provisions of this chapter.
Any applicant who knowingly makes or provides any false statements,
representation, record, report, plan or other documentation filed
with the municipality or who falsifies, tampers with or knowingly
renders inaccurate any monitoring device or method required under
this chapter shall be punishable in accordance with Penal Law.
The Town is also authorized to issue an order to cease and desist
and direct those persons not complying with such prohibitions, limits,
requirements or provisions of this chapter or the wastewater discharge
permit to comply forthwith or comply in accordance with a time schedule
set forth by the Town, or take appropriate remedial or preventative
action in the event of a threatened violation.
If the conditions of the permit or this chapter are not strictly
adhered to, the permit may be revoked and further discharge prohibited.