The purpose of these regulations is to preserve and protect the surface
and ground water in the Town of Barton. These standards are established to
ensure adequate performance of wastewater treatment systems, to protect health
and to optimize the effectiveness of the systems at removing nutrients from
wastewater.
The provisions of these rules shall be in effect throughout the Town
of Barton and apply to all wastewater treatment systems not subject to the
New York State Department of Environmental Conservation or New York State
Department of Health permitted facilities.
No wastewater system shall be placed in operation or any new building,
structure or mobile home be occupied until a permit to operate has been issued,
indicating that such system has been constructed in compliance with the wastewater
system construction permit.
Written notice of violation shall be issued to any property owner with
a wastewater disposal system found in violation of these rules and regulations,
stating the date(s) by which corrective action shall be completed. Any violation
beyond that date shall be punishable by a fine not to exceed $1,000 and/or
imprisonment for a period not to exceed one year per day of violation. Each
week of violation shall be considered a separate offense. In the event of
continued violations, the regulatory officer may apply for an injunction or
other relief, including property condemnation from the appropriate court of
the Town Board. In the event that the municipality institutes proceedings
either in local court or in Supreme Court to enforce the provision of this
chapter, the offending parties shall be liable for all attorney fees, costs
and disbursements incurred by the municipality in bringing said enforcement
proceedings. More severe penalties than listed above may be imposed by a local
court for blatant and willful violations, such as pumping septic or holding
tank wastes directly into surface waters.
A fee will be set by the Town of Barton and adjusted as needed to charge
for each wastewater system construction permit and wastewater system inspection
by the regulatory officer.
The permittees under this chapter agree, by acceptance of a permit,
to hold the Town of Barton, its officers, agents and employees blameless for
any damage to persons or property caused by their negligence in the construction
and usage of any wastewater system.
The Town of Barton hereby declares and affirms its reservation of its
right to sovereign immunity on behalf of itself, the Town Board, its officers,
agents and employees.