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HomeMy WebLinkAboutLL-1985 #12LOCAL LAW NO. , 1985 A Local Law in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal District BE IT ENACTED BY the Town Board of the Town of Southold, as follows: I. The Code of the Town of $outhold is hereby amended by adding a new Chapter thereto, to be Chapter 75, to read as follows: ARTICLE I General Provisions Section 7541.1-Title This Chapter shall be known and may be cited as the "Southold Scavenger Waste Disposal Law". Section 75- 1.2-Definitions Unless the context indicates, otherwise, the following terms shall, for the purpose of this Chapter, have the meaning herein indicated: BOARD - means the Southold Town Board, acting for and on -behalf of the Southold Wastewater Disposal District. CARTER - shall mean any trucker, hauler or enterprise that is licensed within the District to provide on-site system pumping and other maintenance assistance. CESSPOOL -shall mean any cesspool which essentially operates as a combined septic tank/drain field process. Since the solids remain in one tank, they tend to clog more quickly than septic tanks which have drain field systems. Although these systems were previously in widespread use, they are not acceptable for new construction due to their inefficiencies. 4. DISTRICT means the Southold Wastewater Disposal District. DRAIN FIELD - shall mean a tile field consisting of perforated pipes in below ground trenches, which allow the clarified '~effluent from the septic tank to percolate to the groundwater (underground water) or a circular below grade tank with openings constructed in the sidewalls which provide for drainage of the treated liquid. EASEMENT - shall mean an interest in land owned by another that entitled its holder to a specific limited use. ON-SITE SYSTEM - shall mean any below grade cesspool, septic tank and drain field as defined herein for the disposal of sanitary sewage and normal domestic wastes. PERSON - means any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. SCAVENGER WASTE PRETREATMENT FACILITY - shall mean a treatment plant designed to receive septage (scavenger waste) and treat it to levels acceptable for discharge to the Greenport Sewage Treatment Plant for further treatment. 10. SEPTAGE (Scavenger Waste) - shall mean the solid and liquid · .materials removed from a cesspool or septic tank during pumping. 11. SEPTIC TANK - shall mean any buried, watertight receptacle designed and constructed to receive wastewater from a home, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to leach into the surrounding soils. 12. SEWAGE TREATMENT PLANT shall mean any arrangement of devices and structures used for treating sewage, exclusive of cesspools, septic tanks and drain fields as described herein. Section 75-1.3-Purpose The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended by an order of said Board adopted on May 24, 1983, for the purpose of protecting the ground and surface waters within said District from the disposition of scavenger waste by providing a wastewater pretreatment facility at the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District, and providing regulations to protect the health and water quality, and to prevent the contamination of the water supply within the District. ARTICLE II Scavenger Waste Transportation Section 75 - 2.1 License Required. No person shall engage in the removal of scavenger waste from any cesspool or septic tank located within the District who does not possess a currently valid license issued by the Southold Town Clerk. Section 75 - 2..2 - Application for Carters License. An applicant for a license as required by Section 75-2.1 hereof shall file a sworn statement with the Town Clerk on the form prescribed stating: the name and address of the applicant; and the type, model and capacity (in gallons) of all vehicles to be used. Additionally, such form shall state: I, being duly sworn, state and depose that I am familiar with the requirements of the Southold Scavenger Waste Law. That I will report the address and exact location of all septic tanks and cesspools pumped by me or by my business within the Southold Wastewater Disposal District as required by Section 75-2.4 of said Law, and that failure to do so will result in the assessment of a civil penalty of One Hundred Dollars ($100.00) for each violation. Section 75-2.3 License Fee. Prior to issuance of the license required by Section 75-2.1 hereof, the Town Clerk shall collect a fee in an amount prescribed by resolution of the Town Board. Section 75 2.4 Pump-out Reports by Carters Required. Each carter of scavenger waste, licensed pursuant to this chapter, shall file a report with the Village of Greenport stating the address and exact location of each cesspool or septic tank pumped, on a form to be supplied by the Town Clerk, prior to disposing of a scavenger waste load. Failure of any carter to file such report shall result in the imposition of a One Hundred Dollar ($100.00) civil penalty for each cesspool or septic tank pumped but not reported as required herein. The report shall have the following information: name and address of owner address of system if different than owner date of pump-out quantity of pump-out type of waste signatures of owner and hauler -2- ARTICLE III Septic a~d Cesspool Contractors Section 75-3.1 - Construction and Alteration Permit Required. No person shall construct, modify, repair or replace any septic tank or cesspool, or any part thereof, located within the Southold Wastewater Disposal District, without obtaining a permit from the Town Clerk within five (5) business days prior to the date work commences. Such permit shall state the exact location and address of the work in the manner and form specified by the Town Clerk. Section 75-3.2 Civil Penalty. Failure of any person to obtain such permit shall constitute a violation punishable by a civil penalty of up to One Hundred Dollars ($100.00). Section 75-3.3 - Construction and Alteration Permit Fee. The fee charged for such a construction and alteration permit shall be in such amount as shall be, from time to time, prescribed by resolution of the Board. ARTICLE IV Septic or Cesspool Operation Permit Required Section 75-4.1 - Premises Affected. All real property within the Southold Wastewater Disposal District whereon any on-site disposal system such as a septic tank or cesspool is constructed or operated, whether same be within or outside the geographical area of the District, shall be subject to the permit requirement herein provided. Section 75-4.2 - Operation Permit Required. Each owner of real property hereafter operating an on-site sewage disposal system such as a septic tank or cesspool, except as modified by Section 75-4.3 hereof, must prior to such operation, possess in the name of the owner, a current septic tank or cesspool operation permit issued by the Town Clerk. Owner is defined to mean "a natural person, corporation, the State or any authority or subdivision thereof, the United States or any department or agency thereof, and any renter, tenant, lessee or occupant of the premises." Section 75-4.3 - Exception to Section 75-4.2. Within five (5) years after the effective date of this Chapter, no permit shall be required of any owner, his successors, representatives or assigns, operating such an on-site system, at the date this Chapter takes effect provided that such on-site system is not thereafter pumped or other maintenance measures required. At such time as such on-site system requires pumping or other maintenance measures, the owner shall obtain the permit described in Section 75-4.2 above. Subsequent to four (4) years after the effective date of this Chapter, owners of on-site systems within the Southold Wastewater Disposal District must obtain an operating permit. Section 75-4.4. No permit shall be required of any renter, tenant, lessee or occupant provided the owner of the premises has a currently valid permit issued in the owner's name, or if the owner is excepted pursuant to Section 75-4.3 hereof. Section 75-4.5 - Transfer of Operation Permit. Once a permit has been issued, it may be transferred without charge to subsequent owners by the Town · Clerk upon presentation of the deed of conveyance; provided, however, that there is no existing violation as to the operation or other maintenance measures of the system. ARTICLE V $outhold Wastewater Disposal District Permit Fees and Tax Rates Section 75-5.1 - Fee for Construction and Alteration Permit. Fees for permits for new construction, alteration or reconstructior, of an on-site system shall be applied to the operating costs of the District. -3- (a) The fee for a construction, alteration or reconstruction permit for an on-site system located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. (b) The fee for a construction, alteration or reconstruction permit for an on-site system, located on premises used in whole or in part for .............. ' ....... ~ ................ :.~ . ~1., from time to time, be prescribed by resolution of the Board. Section 75-5.2 - Fee for Operation Permit. Fees for operation permits shall be applied to the operating costs of the District. (a) The fee for an operation permit for an on-site system, located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. (b) The fee for an operation permit for an on-site system located on premises used in whole or in part for non-residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. Section 75-5.3 - Tax Rate. The Town Board shall, by resolution, establish the tax rate to cover the cost of debt service of the Southold Scavenger Waste Pretreatment Facility, as well as future capital purchases and administrative costs. Operating and maintenance costs will be collected by user fees as prescribed by Section 75-8.1. ARTICLE VI Construction Requirements for Southold Wastewater Disposal District Permit Holders Section 75-6.1 - All new construction of septic tanks, cesspools, or other on-site systems shall conform to "Standards for Sewage and Waste Disposal Systems", as then established by the Suffolk County Department of Health Services. Section 75-6.2 - All new construction shall be located as prescribed by the Suffolk County Department of Health Services, and at a location where pumping can occur without trepassing on lands of another owner unless an express easement for that purpose over another owner's premises exists. Section 75-6.3 - All septic tanks and cesspools shall be covered in a manner that permits inspection as provided herein without removal of grass, dirt or other similar landscaping. ARTICLE VII Inspection and Maintenance Section 75-7.1 Frequency. At the end of three (3) years after issuance of an operation permit hereunder, or sooner as conditions may require as determined by the Town, the system shall be inspected by qualified inspectors employed by the Southold Town Board. The Town has the right to waive said inspection. In all cases, it shall be the responsibility of the owner to locate and · remove the cover of the septic tank or cesspool for inspection by the Town inspector. Should such owner refuse to locate and remove the cover of said system, the Town has the right to locate and remove the cover of the cesspool or septic tank and bill the owner for all costs incurred. -4- Section 75-7.2 - Ric~ht of Entry. As a condition to obtaining the operation permit required hereunder, the owner shall give his consent, at the time of applying for and obtaining such permit, to such inspectors employed by the Town to enter on the Owner's premises to make the necessary inspections. The hours of inspection are to be from 9:00 A.M. to 5:00 P.M. on Monday through Friday. Ten (10) days written notice is to be given to the owner that an inspection will be made. In cases where an emergency exists, the Town shall reserve the right to waive such notice. Section 75-7.3 Right to Remove Grass, Topsoil, Dirt and Other Cove~:ings of the System. No civil claim shall lie against the Town for any damages resulting from any inspection as authorized herein. Section 75-7.4 Right to Recluire Maintenance of On-site System. Every owner of an operation permit shall have his on-site septic system pumped on a frequency of not less than once every three (3) years. Should such owner refuse to pump said system, the Town has the right to pump said system and bill the owner therefor. ~ Notwithstanding the foregoing provisions of this Section 75-7.4, the Town Inspector is authorized to extend the time of pumping an on-site septic system in cases where it is determined that, due to the size, type, location and/or frequency of use of an on-site septic system, such system is not required to be pumped once every three (3) years. The Town also has the right to require every owner of an operation permit to repair a malfunctioning on-site system. Should such owner refuse to perform same, the Town has the right to repair said system and bill the owner therefor. ARTICLE VIII Fee for Disposal of Scavenger Waste Section 75-8.1 - Board to Set Fee. The Town Board shall, by resolution, set the fee for the transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, at such fee per gallon as shall, from time to time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full tank capacity and shall be applied against the operation and maintenance costs of the facility. ARTICLE IX Improper Disposal of Scavenger Waste Prohibited Section 75-9.1 Penalty. No scavenger waste removed from any cesspool or septic tank within the Southold Wastewater Disposal District shall be duniped or disposed at any location within the Town of Southold except at the Scavenger Waste Pretreatment Facility. ARTICLE X Prohibited Waste Section 75-10.1. Only sanitary sewage and normal domestic wastes shall be discharged into on-site wastewater disposal systems. The following waste shall not be discharged into the system and shall be considered as prohibited wastes: (a) Industrial waste. (b) Automobile oil and other non-cooking oils. w5- (c). Drainage from basement floors, footings or roofs. (d) Toxic or hazardous substances and chemicals including, but not limited to, pesticides, acids, paints, paint thinner, herbicides, solvents, photographic chemicals and water softening agents. (e) Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, nr $,l£f,'qk Co~!nty Intel !_nw NO: !7-1980; Section 75-10.2. No person shall knowingly discharge prohibited waste at the Southoid Scavenger Waste Pretreatment Facility. ARTICLE XI Administration and' Enforcement Section 75-11.1 - Administration and Enforcement Officer. The Town Board shall appoint a Sanitation Inspector (referred to in this Chapter as the "Inspector") who shall administer and enforce the provisions of this Chapter. Section 75-11.2 - Notice of Violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this Chapter or not in compliance with a permit or license issued pursuant to this Chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, or the carter, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known address. D. The Inspector may extend the time of compliance specified in the notice of violation where there is evidence of intent to comply within the time specified and conditions exist which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Inspector, any permit or license issued to such person pursuant to this chapter shall be deemed revoked. Section 75-11.3- Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulation made pursuant thereto, or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding five hundred dollars ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a -6- violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both such fine and imprisonment. B. ~ln addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. ARTICLE XII Costs and Expenses Section 75-12.1 - Cost and Expenses. All costs and expenses incurred by the District in connection with any proceeding or any work done pursuant to this Chapter shall be assessed against the land on which such cost and expenses were incurred and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within ten (10) days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold~ ARTICLE XIII Effective Date Section 75-13.1 - Effective Date. The provisions of this Chapter 75 shall become effective on the first day of the month subsequent to the completion of construction, and the commencement of operations of the District's Scavenger Waste Pretreatment Facility. This Local Law shall take effect upon its filing with the Secretary of State. RECEtYED 8~8~85 Dear Sir/Madam?0W~ C!e~W plemse be advised that Local Law(s) No. _. q ? of 1985ofthe ~,~n nf ~ ~ved and flied on w,~, ,,,-.~ .-~--Additiona~ forms for filing local laws with this office will be for~vard,td upon request. NYS Dcpartmcn~ of State Bureau of State Records (Please Use this Form for Filing your Local Law with the Secretary of State) ,' , · an.~ended- Do not include matter being Text ~ aw ah.,~,~ he given as eliminated and do not use italics or underlining to indicate new matter, ~"'~ of ......................................................... ~ ............................ ;': ............... . Towll 1 2 of the yg~r ~9 ..~.~, .... Local Law No ......................................................... in relation {o the disposal of scav~l~jc...W, aAt.~i..n....1;b..~..~o.~.tb~ld..~/~s~;~w~er.~ ...... A local law ................................................................................ . Disposal District Be it enacted by the ....... .T..q~..l~ar~l~ ....................................................................................................... of the as follows: C'~ty of ...~....5tactt. holcl .................................................................................................................................. Io The Code of the Town of Southold is hereby amended by adding a new Chapter thereto, to be Chapter 75, to read as follows: ARTICLE 1 General Provisions Section 754 1.1-Title This Chapter shall be known and may be cited as the "Southold Scavenger Waste Disposal Law". Section 75~ 1.2-Definitions Unless the context indicates, otherwise, the following terms shall, for the purpose of this Chapter, have the meaning herein indicated: BOARD - means the Southold Town Board, acting for and on behalf of the Southold Wastewater Disposal District. CARTER - shall mean any trucker, hauler or enterprise that is licensed within the District to provide on-site system pumping and other maintenance assistance. CESSPOOL - shall mean any cesspool which essentially operates as a combined septic tank/drain field process. Since the solids remain in one tank, they tend to clog more quickly than septic tanks which have drain field systems. Although these systems were previously in widespread use, they are not acceptable for new construction due to their inefficiencies. 4. DISTRICT means the Southold Wastewater Disposal District. ,,-.. _ ...... : .... .loa ,,! ..... ,~e.h qheecs of the same size as this and number DRAIN FIELD - shall mean a tile field consisting of perforated pipes in below ground trenches, which allow the clarified effluent from the septic tank to percolate to the groundwater [underground water) or a circular below grade tank with openings constructed in the sidewalls which provide for drainage of the treated liquid. 6. EASEMENT - shall mean an interest in land owned by another - that entitled 'its hoider to a specific limited use. ON-SITE SYSTEM - shall mean any below grade cesspool, septic tank and drain field as defined herein for the disposal of sanitary sewage and normal domestic wastes. PERSON -means any person, firm, partnership, association, corporation, company, organization or other legal entity of any kind, including municipal corporations or governmental agencies or subdivisions thereof. SCAVENGER WASTE PRETREATMENT FACILITY - shall mean a treatment plant designed to receive septage (scavenger waste) and treat it to levels acceptable for discharge to the Greenport Sewage Treatment Plant for further treatment. 10. SEPTAGE (Scavenger Waste) materials removed from a pumping. shall mean the solid and liquid cesspool or septic tank during 11. 'SEPTIC TANK shall mean any buried, watertight receptacle designed and constructed to receive wastewater from a home, to separate solids from liquid, to provide limited digestion of organic matter, to store solids and to allow the clarified liquid to leach into the surrounding soils. 12.. SEWAGE TREATMENT PLANT shall mean any arrangement of devices and structures used for treating sewage, exclusive of cesspools, septic tanks and drain fields as described herein. Section 75-1.3-Purpose The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended by an order of said Board adopted on May 24, 1983, for the purpose of protecting the ground and surface waters within said District from the disposition of scavenger waste by providing a wastewater pretreatment facility at 'the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District, and providing regulations to protect the health and water quality, and to prevent the contamination of the water supply within the District. ARTICLE II Scavenger Waste Transportation Section 75 - 2.1 - License Required. No person shall engage in the removal of scavenger waste from any cesspool or septic tank located within the District who does not possess a currently valid license issued by the Southold Town Clerk. Section 75 - 2.2 - Application for Carters License. An applicant for a license as required by Section 75:2.1 hereof shall file a sworn statement with the Town Clerk on the form prescribed statino: the name and address of the applicant; and the type, model and capacity (in gallons) of ail vehicles to be used. Additionally, such form shall state: I, being duly sworn, state and depose that I am familiar with the requirements of the Southold Scavenger Waste Law. That I will report the address and exact location of all septic tanks and cesspools pumped by me or by my business within the Southold Wastewater Disposal District as required by Section 75-2.4 of said Law, and that failure to do so will result in the assessment of a civil penalty of One Hundred Dollars ($100.00) for each violation. Section 75-2.3 - License Fee. Prior to issuance of the license required by Section 75-2. I hereof, the Town Cl-erk shall collect a fee in an amount prescribed by resolution of the Town Board. Section 75 2.4 Pump-out Reports by Carters Required. Each carter of scavenger waste, license~d pursuant to this chapter, shall file a report with the Village of Greenport stating the address and exact location of each cesspool or septic tank pumped, on a form to be supplied by the Town Clerk, prior to disposing of a scavenger waste load. Failure of any carter to file such report shall result in the imposition of a One Hundred Dollar ($100.00) civil penalty for each cesspool or septic tank pumped but not reported as required herein. The report shall have the following information: name and address of owner address of system if different than owner date of pump-out quantity of pump-out type of waste signatures of owner and hauler ARTICLE II1 Septic and Cesspool Contractors Section 75-3.1 - Construction and Alteration Permit Required. No person shall construct, modify, repair or replace any septic tank or cesspool, or any part thereof, located with. in the Southold Wastewater Disposal District, without obtaining a permit from the Town Clerk within five (5) business days prior to the date work commences. Such permit shall state the exact location and address of the work in the manner and form specified by the Town Clerk. Section 75-3.2 Civil Penalty. Failure of any person to obtain such permit shall constitute a violation punishable by a civil penalty of up to One Hundred Dollars ($100.00). Section 75-3.3 Construction and Alteration Permit Fee. The fee charged for such a construction and alteration permit shall be in such amount as shal! be, from time to time, prescribed by resolution of the Board. ARTICLE IV Septic or Cesspool Operation Permit Required Section 75-4.1 - Premises Affected. All real property within the Southold Wastewater Disposal District whereon any on-site disposal system such as a septic tank or cesspool is constructed or operated, whether same be within or outside the geographical area of the District, shall be subject to the permit requirement herein provided. Section 75-4.2 - Operation Permit Required. Each owner of real property hereafter operating an on-site sewage disposal system such as a septic tank or cesspool, except as modified by Section 75-4.3 hereof, must prior to such operation, possess in the name of the owner, a current septic tank or cesspool operation permit issued by the Town Clerk. Owner is defined to mean "a natural person, corporation, the State or any authority or subdivision .thereof, the United States or any department or agency thereof, and any renter, tenant, lessee or occupant of the premises." Section 75-4.3 Exception to Section 75-4.2. Within five (5) years after the effective date of this Chapter, no permit shall be required of any owner, his successors, representatives or assigns, operatino such an on-site system, at the date this Chapter takes effect providec~ that such on-site system is not thereafter pumped or other maintenance measures required. At such time as such on-site system requires pumping or other maintenance measures, the owner shall obtain the permit described in Section 75-4.2 above. Subsequent to four (4) years after the effective date of this Chapter, o~.ners of on-s!te systems within t~he Southold Wastewater Disposal District must obtain an operating permit. Section 75-4.4. No permit shall be required of any renter, tenant, lessee or occupant provided the owner of the premises has a currently valid per'mit issued in the owner's name, or if the owner is excepted pursuant to Section 75-4.3 hereof. Section 75-~t.5- Transfer of Operation Permit. Once a permit has been issued, it may be transferred without charge to subsequent owners by the Town Clerk upon presentation of the deed of conveyance; provided, however, ghat there is no existing violation as to the operation or other maintenance measures of the system. ARTICLE V Southold Wastewater Disposal District Permit Fees and Tax Rates Section 75-5.1 - Fee for Construction and Alteration Permit. Fees for permits for new construction, alteration or reconstruction of an on-site system shall be applied to the operating costs of the District. (a) The fee for a construction, alteration or reconstruction permit for an on-site system located on premises used exclusively for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. (b) The fee for a construction, alteration or reconstruction permit for an on-site system, located on premises used in whole or in part for non-residential purposes si]all be such fee as shall from time to time be prescribed by resolution of the Board. ' ' Section 75-5.2 - Fee for Operation Permit. Fees for operation permits shall '13'e applied to the operating costs of the District. (a) The fee for an operation permit for an on-site system, located on premises used exclusively-for residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. (b) The fee for an operation permit for an on-site system located on premises used in whoJe or in part for non-residential purposes shall be such fee as shall, from time to time, be prescribed by resolution of the Board. section 75-5.3 Tax Rate. The Town Board shall, by resolution, estab]'ish the tax rate to cover the cost of debt service of the Southold Scavenger Waste Pretreatment Facility, as well as future capital purchases and administrative costs. Operating and maintenance costs will De collected by user fees as prescribed by Section 75-8.1. ARTICLE VI Construction Requirements for Southold Wastewater Disposal District Permit Holders Section 75-6.1 - All new construction of septic tanks, cesspools, or other on-site systems shall conform to "Standards for Sewage and Waste Disposal Systems", as then established by the Suffolk County Department of Heaith Services. Section 75-6.2 - All new construction shall be located as prescribed by the Suffolk County Department of Health Services, and at a location where pu~mping can occur without trepassing on lands of another owner unless an express easement for that purpose over another owner's premises exists. Section 75-6.3 - All septic tanks and cesspools shall be covered in a manner that permits inspection as provided herein without removal of grass, dirt or other similar landscaping. ARTICLE VII Inspection and Maintenance Section 75-7.~ Frequency. At the end of three (3) years after issuance of an operation permit hereunder, or sooner .as conditions may require as determined by the Town, the system shall be inspected by qualified inspectors employed by the Southold'Town Board. The Town has the right to waive said inspection. In all cases, it shall be the responsibility of the owner to locate and remove the cover of the septic tank or cesspool for inspection by the Town inspector. Should such owner refuse to locate and remove the cover of said system, the Town has the right to locate and remove the cover of the cesspool or septic tank and bill the owner for all costs incurred. Section 75-7.2 Right of Entry. As a condition to obtaining the operation permit required hereunder, the owner shall give his consent, at the time of applying for and obtaining such permit, to such inspectors employed by the Town to enter on the owner's premises to make the necessary inspections, The hours of inspection are to be from 9:00 A.M. to 5:00 P.M. on Monday through Friday. Ten (10) days written notice is to be given to the owner that an inspection will 'be made. In cases where an emergency exists, the Town shall r~serve the right to waive such notice. Section 75-7.3 Right to Remove Grass, Topsoil, Dirt and Other Coverings of the System. No civil claim shall lie against the Town for any damages resulting from any inspect, ion as authorized herein. Section 75-7.4 Right to Require Maintenance of On-site System. Every owner of an operation permit shall have his on-site septic system pumped on a frequency of not less than once every three (3) years. Should such owner refuse to pump said system, the Town has the right to pump said system and bill the owner therefor. Notwithstanding the foregoing provisions of this Section 75-7.4, the Town Inspector is authorized to extend the time of pumping an on-site septic system in cases where it is determined that, due to the size, type, location and/or frequency of use of an on-site septic system, such system is not required to be pumped once every three (3) years. The Town also has the right to require every owner of an operation permit to repair a malfunctioning on-site system. Should such owner refuse to perform same, the Town has the right to repair said system and bill the owner therefor. -5- ARTICLE VIII Fee for Disposal of Scavenger Waste Section 75-8.1 Board to Set Fee. The Town Board shall, by resolution, set the fee for the transporting to and disposing of scavenger waste at the Southold Scavenger Waste Pretreatment Facility, at such fee per gallon as shall~ from time to time, be prescribed by resolution of the Board. The fee to be paid shall be calculated on full tank capacity and shall be applied against the operation and maintenance costs of the facility. ARTICLE IX Improper Disposal of Scavenger Waste Prohibited Section 75-9.1 Penalty.. No scavenger waste removed from any cesspool or septic tank within the Southold Wastewater Disposal District shall be dumped or disposed at any location within the Town of Southold except at the Scavenger Waste Pretreatment Facility. ARTICLE X Prohibited Waste Section 75-10.1. Only sanitary sewage and normal domestic wastes shall be discharged into on-site wastewater disposal systems. The following waste shall not be disCharged into the system and shall be considered as prohibited wastes: (a) Industrial waste. (b) Automobile oil and other non-cooking oils. (e) Drainage from basement floors, footings or roofs. Toxic or hazardous substances and chemicals including, but not limited to, pesticides, acids, paints, paint thinner, herbicides, solvents, photographic chemicals and water softening agents. Cesspool cleaning and drain opening products which are prohibited by Article 39 of the New York State Conservation Law, or Suffolk County Local LaW No. 12-1980. Section 75-10.2. No person ~hall knowingly discharge prohibited waste at the Southold Scavenger Waste Pretreatment Facility. ARTICLE X! Administration and Enforcement Section 75-11.1 - Ad.~inistration and Enforcement Officer. The Town Board shall appoint a Sanitation Inspector (referred to in this Chapter as the "Inspector") who shall administer and enforce the provisions of this Chapter. Section 75-11.2 - Notice of Violation. A. Whenever the Inspector has reasonable grounds to believe that operations regulated hereby are being conducted in violation of the provisions of this Chapter or not in compliance with a permit or license issued pursuant to this Chapter, he may notify the owner of the property, or the owner's agent or the person performing such operations, or the carter, to suspend all operations, and any such person shall forthwith cease operations until such notice of violation has been rescinded. B. Such notice shall be in writing, shall specify the violation and shall state the conditions which must be complied with and the time within which compliance must be completed before operations may be resumed. C. Such notice shall be served upon the person to whom it is directed by delivering it to him personally or by posting the same in a conspicuous place on the premises where operations are being conducted and mailing a copy thereof to such person by certified mail to his last known.address. D. The Inspector may' extend the time of compliance specified in -the notice of violation where there is evidence of intent to comply within the time specified and conditions exist, which prevent immediate compliance. E. In the event that the person upon whom a notice of violation has been served shall fail to comply with said notice within the time specified therein or within the time specified in any extension of time issued by the Inspector, any permit or license issued to such person pursuant to this chapter shall be deemed revoked. Section 75-11.3 - Penalties for offenses. A. For each offense against any of the provisions of this chapter or any regulation made. pursuant thereto, or failure to comply with a written notice or order of the Inspector within the time fixed for compliance therewith, the carter, owner, occupant, builder, architect, contractor or their agents or any other person who commits, takes part or assists in the commission of any such offense or who shall fail to comply with a written order or notice of the Inspector shall, upon a first conviction thereof, be guilty of a violation punishable by a fine of not exceeding five hundred dollars. ($500.) or imprisonment for a period not to exceed fifteen (15) days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within eighteen (18) months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding one thousand five hundred dollars ($1,500.) or imprisonment for a period not to exceed fifteen (15) days, or both §uch fine and imprisonment. B. In addition to the above-provided penalties, the Board may also maintain an action or proceeding in the name of the District in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of this chapter. ARTICLE XII Costs and Expenses Section 75-12.1 - Cost and Expenses. All costs and expenses incurred by the District in connection with any proceeding or any work done pursuant to this Chapter shall 'be assessed against the land on which such cost and expenses were incurred and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be and constitute a lien upon such land. If the owner shall fail to pay such expenses within ten (10) days after the statement is presented or posted, a legal action may be brought to collect such assessment or to foreclose such lien. As an alternative to the maintenance of any such action, the Inspector may file a certificate of the actual expenses incurred as aforesaid, together with a statement identifying the property in connection with which the expenses were incurred and the owner thereof, with the assessors, who shall, in the preparation of the next assessment roll, assess such amount upon such property. Such amount shall be included in the levy against such property, shall constitute a lien and shah be collected and enforced in the same manner, by the same proceedings, at the same time and under the same penalties as is provided by law for the collection and enforcement of real property taxes in the Town of Southold; -7- ARTICLE Xlll Effective Date Section 75-13.1 Effective Date. The provisions of this Chapter 75 shall become effective on the first day of the month subsequent to the completion of construction, and the commencement of operations of the District's Scavenger Waste Pretreatment Facility. This Local Law shall take effect upon its filing with the Secretary ~ of State. (Comph.te th~. certi['icatioa in thc paragraph which upplic~ to dm [ilia~ of thi~ hmal law and ~lrik~ m~t tim matter thenqn ~hich i~ n.t applie~bh~.) (Final adoption by h.'al ]e~i~lative ho~y I hereby certify that thelo~l t~w annexed hereto, designated C .... ~ Town Board ................................ ~"'-~ of, ......Southold.... was duly pa~sed by tl~e ................................................... o[ the Town on ..... ~.Y..Y...~P ......................... 19..85.. h~ acco~tance with the nppl[c~ble prov~sions of law-. (l;a~sage by loeal legiMative body with approval or no di~uppruval by Elective Chi~[ ~xeeutive Officer or r~passa~e after disapproval.) I hereby certify that fl~e local law annexed hereto, desi~mtedas local law No ..................... of 19 ........ County of the Town City of ...................................... was duly pnssed by Village not disapproved on .................................................. ~9 ........ and was approved by the ...................................................... repassed after disapproval ......... 19 ........ , in accordance with the appllcabl and was deemed duly adopted on ............................................... provisions of law. {Fi,mi adoption by referendum.) I hereby certify that the local law annexed hereto, designated as local law No ................... of 19 ...... Couuty City of ...................................... was duly passed by the ......................................... of the Town (N~mc of Legi~lutivc Village not disapproved on ............. ~:- .................................... 19 ........ and was approved by the ........................................................ repassed after disapproval Elective Chief ~.xccutiv¢ Officer on ...................................................................... 19.~ ....... Such local law was submitted to the people by reason c 'mandatory referendum,and received file affirmative vote of a maiority of the quatit'ied electors vet permissive general thereon at the special election held on.; .................................................... 19 ......... in accordance with the ap annual cable provisions of law. (Subject to permissive referend'um,and £inal adoption because no valid petitiou filed toques referendum.) I hereby certit'y that the local law annexed hereto, designated as local law No ................... tlr 19.. County City o{' ...................................... was duly passed by the ............................................................................ Village not dlsappreved 19 ........ and was approved }~y the ................................................... ...................................................... repassed after tli sapproval Eh.,.tivv (;hi,,I E~e~.tt.. O~li.,., - ............. [p~ ........ . Sucl~ locM l.w bein~ subject m ~ perm]ss~c'r,'h[rvndum m valid pemion rcu..sting such referendum haviug been filed, said local law was deemed duly adoptt ...................................................................... 19 ........ , in accordance with the applicable provisious of law. *Elective Chief Executive Officer mesrus or include$ the chief executive officc~ of a county elected on a coumy-wid or, if there be none, the chairraan of the county legbl-tive body, the mayor of a city or village or tile ~upervi~r of a where such officer is vested with power to approve o~ veto local l~ws or ofdinancea. Page 2 (Cit) local law cont:cramg lib;trier rt.'.i.'..it,u propu.qell hy petition.) I hcrcb'~, certit', Ihs; th,. lo :,, '~ m ..;;nc.xml her,'to, designated aa local law No ..................... of 1.9 ........ ' of the City et' ......................................................................... h.~,iltg ht~en submined to referend,m pursuant to the provisions of 37 of d~,~ :,;unicip.',t Ii..~,ctluh-~Law.a"d !.aving rncelved the affirmative vote of a maiority special o~ the qualitqed electors of such city voting thereon at the general election held on .................................. -5 ................ !.9 ............ became operatP,'e. 6. (County local law concerning adoption of Charter.) I hereby certify that the local l:~w atmexed hereto, designated as Lodal Law No ....... of 19 ...... of the County of ........................................ St:ge of New York, baying been submitted to the Electors at the General-Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Mtmi- cipal Home Rule Law, and having received the affirmative vote of a majority of the quaiified electors et' thc" cities of said county as a unit and of a majority of the qualified electors' of the towns of said county considered as a unit votii~g at said general election, became operative. (If any other authorized form of final adoption has been followed, please provide an appropriate certification.) ~ I further certify that l'have compared the preceding local law with the original on file in this office and that the same is a correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in paragraph .......... .1 ................ above. officer ar.::~ign~.t~a b~' local lo~.slativc bod~' Date: 7/31/85 Judith T. Terry, Town Clerk (Certification to be executed by County Attoruey, Corporation Counsel. Town Attorney, Village Attorney or other authorized Attorney of locality.) STATE OF NEW YORK COUNTY OF ........... S.I,JIi. EQLK .................... l, the undersigned, hereby certify that the foregoing local law contains the correct' text and that all proper proceedings have been had or taken for the enactme,t of the local law annexed hereto. Date:7/31/85 ·. B.o. hqr. t. ~....T. aaSer...T.o~r~, at~toro~¥... ' .... Title Cuu,,'i~"- r'; ,,, of Southold Town Page 3 PUBLIC HEARING SOUTHOLD TOWN BOARD JULY 16, 1985 3:40 P.M. IN THE MATTER OF A PROPOSED LOCAL LAW ENTITLED, "A LOCAL LAW IN REALTION TO THE DISPOSAL OF SCAVENGER WASTE IN THE SOUTHOLD WASTE WAJER DISPOSAL DISTRICT. Present: Supervisor Francis J. Murphy Councilman Joseph L. Townsend, Jr. Justice Raymond W. Edwards Councilman Paul Stoutenburgh Councilman James A. Schondebare Councilwoman Jean W. Cochran Town Clerk Judith T. Terry Town Attorney Robert W. Tasker SUPERVISOR MURPHY: This is a public hearing on a proposed Local Law in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal District, and I'm going to ask Councilman Paul Stoutenburgh to do the official reading of the notice. COUNCILMAN STOUTENBURGH: "Public Notice is Hereby Given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July, 1985, a Local Law entitled, "A Local Law in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal District." The purpose of this proposed Local Law is: The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended by an order of said Board adopted on May 24, 1984, for the purpose of protecting the ground and surface waters within said District from the disposition of scavenger waste in the District, and providing regulations to protect the health and water quality, and to prevent the contamination of the water supply within the District. Contained within the proposed Local Law are provisions for: Scavenger Waste Transportation, Regulations for Spetic and Cesspool Carters; Septic or Cesspool Operation Permit Requirements; Southold Wastewater Disposal District Permit Fees and Tax Rates; Construction Require- ments for Southold Wastewater Disposal District Permit Holders; Inspection and Maintenance regulations; Fee for Disposal of Scavenger Waste; Prohibited Waste; Administration and Efnorcement provisions; Costs and Expenses. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Notice is Further Given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 16th day of July, 1985, at 3:40 o'clock P.M., at which time all interested persons will be heard. Dated: July 2, 1985. Judith T. Terry, Southold Town Clerk." We have notice of publication, by The Long Island Traveler-Watchman. We have a notice from The Suffolk Times. We have a notice from Judy Terry that it has been posted on the Town Clerk's Bulletin Board. Page 2 - Public Hearing Local Law Scavenger Waste Ordinance SUPERVISOR MURPHY: That's it. Thank you, Paul. We've had the official reading. Is there anyone here W~ho would like to speak in favor of this proposed Local Law? (No response.) Anyone like to speak in opposition to the proposed Local Law? (No response.) Anyone like to make any comments at all? Any Town Board members? COUNCILMAN STOUTENBURGH: I think it's needed. COUNCILMAN TOWNSEND: I think that this local Law is going to change life around here a little bit. It's too bad that more people aren't aware of what's in the Local Law. It's going to be some inconvenience to a lot of people, however, I think it's necessary. It's one of the problems you have with roads and development, but it is necessary. COUNCILMAN STOUTENBURGH: Yes, it's basically a law that's going to help our groundwater and that's what it's designed for and it's based upon the Department of Environmental Conservation's suggestions and rules and regulations. SUPERVISOR MURPHY: I might add we are building and we're approximately sixty percent complete, should, be finished this fall, on a wastewater treatment--scavenger waste treatment of this and one thing to protect the single person home or home where it's only used part of the time, we were able to put in the proposed Local Law that the Town Board can control the frequency of pump-out. The State and the Federal DEC mandated a three year pump-out, but we had it changed and we're giving us the option where we could waive this requirement if we fee~ it's necessary. That was probably the most inconvenient part of the Local Law th,at we had to get approved and we did have it eliminated. This is a big step for Southold Town and it's one--probably tl~e most important thing that we've done to clean up our groundwater and to not only to clean it but to protect it from future contamination so we don't have to worry about cleanness. Okay, at this time I'll close the hearing and---Rich? RICHARD MAGILL: I'm a local waste hauler here. I'd just like a little more information on it as far as--I thought that the Local Law that you're going with in light of the plant and all that, but the thing is what about the funding and procedure. From my point I thought we wou~d be touching on that today. That's why I'm here. I'm a hauler and the thing is that we're talking about fees as far as the licensing is. Southold Town--excuse me, Southampton Town has initiated a law now that we re~tuire for every five years to be a pump-out needed for new homes and then after a period of time--I think it's three years that it would be mandatory cleaning of the facility of the house or the residence would be required by law, and I see that you say you've amended that. l'd like to ask if you have any further thoughts, could you explain what's your position as far as with Southold Town, what they're going to do--are they going to stay with existing regulations that we have here now as far as--in other words, as the cleaning is needed by the homeowner they would call and he would pay the dump fee and it would proceed on that basis, or would this procedure change? SUPERVISOR MURPHY: It would be done the same way, Rich. MR. MAGILL: It would go the same way? Okay. SUPERVISOR MURPHY: And I might add the Federal and State government is funding 92-1/2 precent Of this. SOutho~d Town is picking up 7~1/2 percent. By law we have to charge the users and we have to charge the taxpayers. There's a definite percentage that we have to go by and that's where we're coming up, when this plant is on line, the fee, I believe, will start at a penny and a half a gallon. Some of your income has to come from both ways. If you have any other questions stop in my office any time. Page 2 - Public Hearing Local Law Scavenger Waste Ordinance TOWN CLERK TERRY: You can pick up a copy of the proposed Law in my office. SUPERVISOR MURPHY: Okay, but we could clear up anything for you need be. Okay, at this time I'll close this public hearing. Judith T. Terry Southold Town C|erk LEGAL NOTICE PUBLIC NOTICE IS HERE- BY GIVEN that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 2nd day of July, 198.~, a Local Law entitled, "A Local Law in relation to the disposal of Scavenger Waste in the Southold Wastewater Disposal District." The purpose of this propos- ed Local Law is: The Southold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 1S, 1983, as amended by an order of said Board adopted on May 24, 1984, for the purpose of pro- tecting the ground and surface waters within said District from the disposition of scaven- ger waste by providing a waste-water pretreatment fa- cility at the site of the sewer treatment plant of the Village of Greenport for the disposal of scavenger waste in the District, and providing regu- lations to protect the health and water quality, and to prevent the contamination of the water supply within the District. Contained within the pro- posed Local Law are provisions for: Scavenger Waste Trans- portation; Regulations for Sep- tic and Cesspool Carters; Sep- tic or Cesspool Operation Per- mit Requirements; Southold Wastewater Disposal District Permit Fees and Tax Rates; construction Requirements for Southold Wastewater Disposal District Permit Holders; In- spection and Maintenance reg- ulations; Fee for Disposal of Scavenger Waste; Prohibited Waste; Administration and Enforcement provisions; Costs and Expenses. Copies of said Local Law are available in the Office of th~ Town Clerk to any interested persons , during business hours. NOTICE IS FURTHER GIV- EN that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, South- old, New York. on the 16th day of July, 1985, at 3:40 o'clock P.M., at which time all inter- ested persons will be heard. DATED: July 2, 1985. JUDITH T. TERRY SOUTHOLD TOWN CLERK COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... .~. .... weeks successively, commencing on the ........... .~./... ~ ..... × .... .... .:: .... Sworn to before me this ........... ././~...~, .... day of .....,/ .......... , .<.;7. Notary Public BARBARA FORBES Notary Public, State o~ New York No. 480co846 Qualified in ~uf£olk County Commission Expires March 30, 19 ~ 1T-7/11/85(9) LEGAL NOTICE NOTICE OF pUBLIC HEAR' ON LOCAL L~ pUBLIC NOTICE IS HEREBY GIVEN that there has been presented to the Town Board of the Town of Seuthold, Suffolk County, New York, on the 2nd day of July, 1985, a Local Law entitled, "A Local Law in relation to the disposal of Scavenger Waste in the Seuthold Wastowator Disposal District." The purpose of this proposed Local Law is: The Seuthold Wastewater Disposal District was established by an order of the Southold Town Board, adopted on February 15, 1983, as amended by an order of said Board adopted on May 24, 1984, for the purpose of protecting the ground and surface waters within said District from the dis- position of scavenger waste by providing a wastewater pretreat- merit facility at the site of the sewer treatment plant of the Vil- lage of Greenport for the disposal of scavenger waste in the Dis- trict, and providing regulations to protect the health and water quality, and to prevent the con- tamination of the water supply within the District. Contained within the propese~ Local Law are provisions for: Scavenger W~ste Transporta- tion; Regulations for Septic and Cesspool Carters; Septic of Cesspool Operation Permit Re- quiremente; Southold Wastewa- ter Disposal District Permit Fees and Tax Rates; Construction Re- quirements for Seuthold Waste- water Disposal District Permit Holders; Inspection and Mainte- nance regulations; Fee for Dis- posal of Scavenger Waste; ProM- bited Waste; Administration ami Enforcement provisions; Co~s and Expenses. Copies of said Local Law are available in the Office of the Town Clerk to any interested persons during business hourS. NOTICE IS FURTHER GIVEN that the Town Board of the Town of Seuthold will hold a public hearing on the aforesaid Local Law at the Seuthold Town Hall, Main Road, Seuthold, New York, on the 16th day of July, 1985, at 3:40 o'clock P.M., at which time all interested persons will be heard. DATED: July 2 1Qa~ STATE OF NEW YORK ) ! SS: COUNTY OF SUFFOLK ) AT'TT'~Z~ T.~'AS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the ]~ ]- dayof July 19 85 Principal Clark Sworn to before me this 11 ANN M. ABATE , I~0T~ PUBLIC, State of New Y0r~;  n E×p~*es March 30 19_~"'~