This chapter shall be known as "Local Law No. 1 of the Year 1999," entitled
"Wastewater Treatment Law of the Town of Newstead."
Wastewater facilities and their operation can significantly affect the
quality of life within the Town of Newstead (the "Town"). The Town recognizes
the need to regulate the pretreatment, treatment and transmission of wastewater
within the Town in order to preserve and protect the health, safety, welfare
and comfort of the residents of the Town. By regulating these facilities,
the Town will help to limit the problems associated with these facilities
by providing for initial reviews of proposed facilities prior to or after
their construction and the establishment of standards for their operation,
for periodic inspection of their operations and for penalties for noncompliance
with the standards as so established. This chapter will regulate all wastewater
facilities as defined hereafter in this chapter and require that all new wastewater
facilities register prior to commencement of operations and that all existing
wastewater facilities be registered within six months after the effective
date of this chapter.
As used in this chapter, the following terms shall have the meanings
indicated:
FEES
The fees imposed by the Town for the purpose of regulating wastewater
in the Town, which fees shall be set by the Town Board by resolution from
time to time and which fees are intended to defray all costs to the Town for
regulating such wastewater, including engineering, legal, testing and monitoring
fees.
PENALTIES
Those penalties imposed for violation of Chapter
409, Wastewater Treatment Facilities, of the Code of the Town of Newstead, which shall include penalties for failure to register under the law as well as failure to comply with the standards set for the individual wastewater facility as part of the registration process.
REGISTRATION
Registration of the wastewater facility with the Town of Newstead
and shall include the establishment of performance and other standards for
the wastewater facility which shall be included as part of the registration.
REGULATED WASTE
All wastewater from a wastewater facility as defined above, including,
but not limited to, wastewater discharged from residential, commercial or
industrial structures within the Town, excluding wastewater discharged from
Sewer District No. 1.
WASTEWATER FACILITY(IES)
A facility or facilities whose purpose is the pretreatment, treatment,
storage and/or transmission of wastewater, but shall exclude treatment facilities
constructed for the on-site treatment of wastewater for one- and two-family
residential structures and commercial buildings that discharge less than 2,500
gallons of waste per day consisting of ordinary domestic waste (human waste,
kitchen, sink, baths etc.) only with no other components included in the waste
stream, and farm operations.
Notice of violations shall be sent to the address set forth on the registration
form by certified or registered mail or may be personally served upon the
owner or operator or, in the case of a corporation, any officer of such corporation.
In the case of service by certified or registered mail, notice shall be deemed
to be received within five days of the mailing of notice. If the owner or
operator shall change the mailing address, notice of such change must be filed
with the Town. Notice to the address listed on the registration shall be deemed
to be the proper address for purpose of service of notice of violations.