[HISTORY: Adopted by the Town Board of the
Town of Halfmoon as indicated in article histories. Amendments noted
where applicable.]
[Adopted 10-22-1968 by L.L. No. 3-1968]
No chemical toilet, privy, septic tank, leaching
pit, subsurface tile system, pipe or other means for the disposal
or discharge of sewage or other liquid wastes, including that from
residential, commercial or industrial usage, shall be installed or
altered anywhere in the Town of Halfmoon except as herein provided.
The term "waste disposal system" is used hereinafter to describe any
one or any combination of the foregoing facilities. Waste disposal
systems for which the State of New York issues a permit are not covered
by the requirements herein.
[Amended 7-16-2014 by L.L. No. 3-2014; 11-16-2022 by L.L. No. 8-2022]
The owner of property on which it is proposed to construct or
install any structure or vehicle intended for human occupancy shall
file with the Building Planning and Development Department an application
in triplicate on forms supplied by the Building Planning and Development
Department before beginning construction of any part of a waste disposal
system. No construction of such a structure may be started and no
such vehicle installed on the property until the application has been
approved as hereinafter prescribed. No such structure or vehicle may
be occupied until construction of the waste disposal system had been
approved as hereinafter prescribed.
[Amended 7-16-2014 by L.L. No. 3-2014]
The Town Board shall set by resolution the appropriate
fee that shall be collected at the time of filing of the application.
Construction of the waste disposal system must
be completed within six months of the date of approval of the waste
disposal system application.
The Town Board will appoint a competent inspector
who will be responsible to the Town Board for the performance of the
duties hereinafter described and whose appointment will be at the
pleasure of the Town Board. It will be the duty of the inspector:
A.
To receive applications filed with the Town Clerk.
B.
To approve, disapprove or approve with modifications
all such applications.
C.
To investigate promptly before and after installation,
as well as during construction, waste disposal systems covered in
such applications.
D.
To issue construction approvals or disapprovals.
E.
To ensure that these regulations are observed.
F.
To investigate complaints concerning waste disposal
system nuisances and institute action as hereinafter described.
A.
The application will be reviewed by the inspector
who will also make a field inspection. The inspector may require percolation
tests to be made in his presence if he deems it desirable. If the
proposed waste disposal system meets all requirements, he will approve
it and may approve it with modifications necessary to correct slight
discrepancies. He will disapprove the application if the proposed
waste disposal system does not conform to standards herein described.
If the application is disapproved, the reason will be noted. The full
fee will be charged for another application after an application is
disapproved.
B.
After approval or approval with modifications, the
owner may begin construction or installation of the structure or vehicle
and waste disposal system. He shall notify the inspector 24 hours
in advance of the start of construction of the waste disposal system.
The waste disposal system shall be constructed in accordance with
the application and standards herein described. No part of the work
shall be covered until inspected by the inspector.
C.
Upon satisfactory completion of the waste disposal
system, the inspector will issue a construction approval certificate
to the owner. The structure or vehicle shall not be occupied by human
beings before the owner receives this certificate.
A.
Design and construction of waste disposal systems
shall be in accordance with New York State Health Department Standards
for Waste Treatment Works, Bulletin 1, Part III, and design shall
be based on the results of subsoil investigation and percolation tests
as described in these standards.
B.
A privy or chemical toilet may be allowed for a structure
or vehicle to be occupied temporarily or seasonally or for a structure
or vehicle occupied at the time of adoption of this article and served
by a privy or chemical toilet, provided the soil is unsatisfactory
for a septic tank system. The inspector will determine design and
construction requirements in these special cases.
No person, either as owner, lessee or tenant
of any property, dwelling, building, or place, shall construct or
maintain any waste disposal system so as to expose or discharge the
contents or effluent therefrom to the atmosphere or on the surface
of the ground nor so as to enter any source of drinking water nor
to discharge into any watercourse, storm drain or body of water.
A.
Nothing contained in this article shall be construed
to permit the installation or maintenance of a waste disposal system
which is or may become a nuisance. The inspector will investigate,
in answer to complaints or on his own initiative, existing waste disposal
systems throughout the Town to determine whether the systems are inadequate
or not functioning properly. In cases where systems are determined
by the inspector to be inadequate or functioning improperly, he will
notify the occupant or owner in writing of such fact and send a copy
of such notice to the Town Clerk.
B.
Upon receipt of such notice, the occupant or owner
shall within 10 days make application to the Town Clerk, on the same
form as hereinbefore mentioned, to replace or reconstruct such waste
disposal system. A fee of $10 will be charged. The inspector shall
approve, approve with modifications, or disapprove the application.
Upon approval, the replacement or reconstruction shall be accomplished.
C.
Such replacement or reconstruction shall be completed
within 60 days of the receipt of such notice. Unless such replacement
or reconstruction is completed within the sixty-day period it shall
be unlawful to use the structure or vehicle for human occupancy from
the end of the sixty-day period until such replacement or reconstruction
is completed and approved. Inspection and approval will conform to
requirements for new systems.
If the inspector disapproves an application
or refuses to issue a construction approval certificate, the applicant
may appeal within 30 days of such disapproval or refusal to the Town
Board through the Town Clerk. The Town Board will grant a hearing
to the applicant and decide whether to uphold or deny such appeal.
The decision of the Board will be final.
Any person, partnership, association, joint
venture or corporation who violates any provision of this article
shall be guilty of a misdemeanor and subject to a fine of not more
than $1,000 or to imprisonment for a period of not more than one year,
or both fine and imprisonment. When a violation of any of the provisions
of this article is continuous, each week or portion thereof shall
constitute a separate and distinct violation.
