[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.
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.
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.