TOWN OF HURON SEPTIC LAW

Local Law No. 3 of 1996, as amended by

Local Law No. 3 of 2001 and Local Law No. 1 of 2002

1. Short Title. This law may be referred to as the "Town of Huron Septic Law."

2. Purpose. In order to safeguard public health, safety, and welfare, and protect the environment, including the quality of ground and surface water, it is necessary to regulate and control all septic systems in the Town under this law.

3. Other Law and Regulations. This law is intended to supplement and expand the requirements for septic systems under the State Public Health Law and Regulations, including Part 75A, which is incorporated into this law by reference. To the extent this law conflicts with such regulations and other requirements under state law, the more restrictive law and regulations shall prevail. This septic law is intended to be construed as in harmony with the State Public Health Law and Regulations (including Part 75A), the Town Building Law, and the Town Zoning Law.

4. Definitions.

A. To the extent terms are not defined in this law but are defined in the State Public Health Law and Regulations, the Town Building Law, or the Town Zoning Law, the terms used in this law shall have the same meaning.

B. The following terms shall have the following meanings:

(1) Building Inspector. The person who administrates and enforces the New York State Uniform Fire Prevention and Building Codes, Town of Huron Building Law and Town of Huron Zoning Law.

(2) Certificate of Compliance. A form that certifies full compliance with this local law until the next inspection as provided by this law is required.

(3) Conditional Certificate of Acceptance. A form that permits continued use of a septic system until the system is brought into full compliance and a Certificate of Compliance is issued.

(4) Gray Water. Wastewater not mixed with toilet waste, not including water softener discharges.

(5) Holding Tank. A water-tight tank that holds septage without an outflow.

(6) Increase in Living Area. The addition of enclosed inside living area to an existing residential structure, which increases the load or potential load on the septic system.

(7) Leachate. Liquid effluent discharged from a septic tank.

(8) Part 75A. Title 10 of the New York Code, Rules and Regulations, Part 75A (10 N.Y.C.R.R. Part 75A), as it may be amended from time to time.

(9) Sewer System. A common sewer system owned and operated by a private group of individuals, a municipality or public authority.

(10) Pump-out Records. Receipts or written statements from a septic hauler licensed by the New York State Department of Environmental Conservation indicating dates and detail of work done.

(11) Septage. All waste and material removed from a septic tank, raw sewage, and untreated effluent.

(12) Septic Board of Appeals. A board appointed by the Town Board to hear written appeals arising under this law, also referred to as the "Board."

(13) Septic Inspection Report. A report of a septic inspection on a form prescribed by the Town Board.

(14) Septic Inspector. A person appointed by the Town Board who performs septic inspections as set forth in this law.

(15) Septic System. A system for disposal, treatment, storage, dispersal, transmittal, or disposal of sewage, other than a discharge to a public sewer system or a discharge to surface waters permitted by the New York State Department of Environmental Conservation.

(16) Sewage. All domestic wastewater, including any combination of human waste with water discharged to a plumbing system, waste from a flush toilet, bath, sink, lavatory, dishwasher or laundry machine, and waste carried by water from any other fixture, equipment or machine, but not storm drains, residential floor drains, sump pumps, eaves, or agricultural waste.

(17) State Public Health Law and Regulations. The Public Health Law of the State of New York, and regulations promulgated pursuant to that law, including 10 N.Y.C.R.R. Part 75A, as they may be amended from time to time.

(18) Town. The Town of Huron, Wayne County.

(19) Town Board. The Town Board of the Town of Huron, Wayne County.

(20) Town Building Law. Town of Huron Building Law, enacted as Local Law No.1 of 1989, as amended.

(21) Town Zoning Law. Town of Huron Zoning Law, enacted as Local Law No. 1 of 1973, as amended.

(22) Transfer of Ownership. A transfer of real property title from one person to another.

1. General Provisions.

A. Effect. Completion of a septic inspection or Septic Inspection Report, and issuance of a Building Permit, Certificate of Occupancy or Compliance, or Conditional Certificate of Acceptance, does not constitute any representation or certification of the Town to anyone other than the applicant.

B. Work Requirements. All work shall be done in accordance with this law and the State Public Health Law and Regulations. The property owner shall be responsible for all actions and costs required to comply with this law, including inspections, design, maintenance, repairs, and installation.

C. Septic Inspection Report. The Town Board shall approve the form of a Septic Inspection Report, which shall be used to document the results of all septic inspections conducted pursuant to this law. All such reports shall be filed with the Town Building Inspector, and a copy furnished to the property owner.

D. Delegation of Authority. While the Town Board has primary authority to administrate and enforce this law, it may delegate authority under this law to Town officers, employees, or agents as it sees fit.

E. Septic Inspector. The Town Board shall, by resolution, appoint a Septic Inspector to administer this law. The Septic Inspector is authorized to conduct inspections under this law. The Town Board may also designate one or more Deputy Septic Inspectors to assist the Septic Inspector and act in his or her absence. The Building Inspector or his or her deputy may also serve as Septic Inspector.

F. Fees. The Town Board may, by resolution, establish fees that shall be paid to the Town for inspections, certificates, or other actions by the Town under this law.

G. Deeded Rights-of-Way or Easements. If new construction, replacement, modification or upgrade of a septic system, in whole or in part, results in part of the system or its components being installed on property not owned by the applicant, a deeded right-of-way to allow that use shall be obtained and recorded at the Wayne County Clerk's Office, and a copy filed with any permit application.

H. Land Application of Waste. Dumping, spreading or other land spreading of human septage, whether by commercial application or individual application, is prohibited within the Town.

I. Maintenance Contracts. Whenever a maintenance or service contract is required for all or part of a septic system, the property owner shall provide the Town with a current copy of the contract, and maintain written evidence of continuous contract coverage satisfactory to the Town. Maintenance contracts are required for aerobic systems, and may be required by the Town for other systems.

1. New Construction.

A. Applicability. This section applies to septic systems associated with new construction, including installation of temporary septic systems, and seasonal or permanent structures.

B. Permit Requirements. Pursuant to the Town Building Law, a Building Permit is required prior to commencement of any construction, including installation of a new septic system, and a Certificate of Occupancy is required prior to commencement of use or occupancy, including use of any septic system.

C. System Compliance. All new septic system installations shall comply with the State Public Health Law and Regulations, including Part 75A, and this law. All new installations shall meet the following additional requirements:

(1) All septic tanks shall have a wastewater filter installed on the outlet of the tank.

(2) All distribution boxes shall be equipped with speed levelers.

A. Submittals. With an application for a Building Permit, the property owner shall submit: (i) a scale drawing of the septic system, showing compliance with Part 75A and this law; and (ii) results and location of percolation (perk) tests and a deep hole test; all certified by a registered architect or professional engineer. The design must detail all components and locate the septic system with respect to adjacent structures, drinking water supplies, property lines, ditches, bodies of water, and freshwater wetlands identified by the New York State Department of Environmental Conservation on its freshwater wetlands maps.

B. Inspection of Septic System Installation. All work performed shall be left open for inspection. Prior to backfilling any newly installed septic system, the Building Inspector shall visually inspect for compliance with the septic system design, Part 75A, and this law.

1. Replacement, Modification or Upgrade of an Existing Septic System.

A. Applicability. This section shall apply to the total or partial replacement, modification or upgrade to an existing septic system.

C. System Compliance. All existing septic systems must be functional, and as a minimum, provide for separation of solids and grease, and adequate percolation. Existing systems that are replaced, modified, or upgraded shall comply, to the extent reasonably feasible, with design requirements of Part 75A and this law, and shall meet the following additional requirements:

(1) All septic tanks shall have a wastewater filter installed on the outlet of the tank.

(2) All distribution boxes shall be equipped with speed levelers.

D. Partial Replacement, Repair, Upgrade or Modification.

(1) Any partial replacement, repair, upgrade or modification of a component of a septic system shall comply with this section 7.

(2) If fifty (50%) percent or more of a septic system is replaced, repaired, upgraded or modified, the complete system shall comply with subdivision 8(E) of this law.

E. Complete Replacement. Complete replacements of existing septic systems are subject to the following requirements:

(1) Percolation Tests. The property owner (or his or her designee) shall perform a percolation (perk) test in the planned location of all leach fields. At the request of the Building Inspector, he or she shall be allowed to be present at the inspection.

(2) System Design. Design of replacement systems and components shall, to the extent practical, comply with Part 75A and this law. On existing sites where full compliance with Part 75A is determined by the Town to be unattainable, the Town may allow reduced design requirements, to the extent appropriate, as follows:

(a) For aerobic systems only, a reduction of up to forty (40%) percent of the required leach lines.

(b) Reduced property line setbacks, but not less than four feet.

(d) Reduced mean high water (MHW) setbacks, but not less than 40 feet.

(e) Continuation of preexisting gray water discharge to one or more separate septic tanks or disposal systems, provided that each system provides for separation of oils and greases, and has an adequate leaching facility.

(3) Submittals. With an application for a Building Permit, the applicant shall submit:

(a) A scaled drawing of the septic system, detailing all components, and their location relative to adjacent structures, property lines, drinking water supplies, ditches, and open bodies of water. In addition:

(i) For any replacement of an existing septic system, the Building Inspector may require that the drawing be stamped by a registered architect or professional engineer.

(ii) For a complete replacement of an existing system with a conventional septic system incorporating a mechanical pump, proof must be submitted that the pump station has an engineered design and is sized for the septic system application, although site-specific plans stamped by a registered architect or professional engineer are not required unless requested by the Building Inspector.

(b) Results of deep hole and percolation tests.

A. Inspection of Septic System Installation. All work performed shall be left open for inspection. Prior to backfilling any modification, upgrade or replacement of an existing septic system, the Building Inspector shall visually inspect for compliance with the septic system design, Part 75A, and this law.

B. Septic Inspection Report. Prior to issuance of a Certificate of Compliance, the Building Inspector shall complete and file a Septic Inspection Report with the Town, which shall document conformance of the installation with the system design and observed conditions and use. The property owner shall be furnished a copy of the Septic Inspection Report and any Certificate of Compliance.

1. Inspection of Existing Septic Systems.

A. Required Inspections. A septic inspection of all septic systems serving an existing residence, or commercial or industrial facility, as provided by this section, shall be completed by the Septic Inspector periodically as provided by subdivision 8(D) of this law, and prior to:

(1) Increase in living area or increase in effluent volume.

(2) Change in type of use.

(3) Change in intensity of a commercial use that increases the number of employees or occupants, or increases the discharge of sewage.

(4) Transfer of ownership for systems that have not been inspected under this law.

(5) Modification or construction resulting in at least a fifty (50%) percent increase in the interior floor space of a principal structure.

A. System Compliance. All existing septic systems must be functional, consistent with the existing or proposed use. At a minimum, all existing septic systems must provide for separation of solids and grease, and adequate percolation.

B. Mandatory System Upgrade. The existing septic system shall be upgraded, in accordance with section 7 of this law, to be in compliance, to the extent reasonably feasible, with design requirements of Part 75A, whenever one of the following occurs:

(1) Results of a septic inspection indicate that the existing septic system has failed.

(2) Increase in living area.

(3) Change in intensity of a commercial use that increases the number of employees or occupants, or increases the discharge of sewage.

(4) Transfer of Ownership.

A. Periodic Inspection. Periodic inspections shall be performed by Septic Inspector as set forth in this subdivision.

(1) Commercial Properties. Commercial properties shall be inspected at the time of any fire inspection required under the Town of Huron Building Law, or New York State Uniform Fire Prevention and Building Code, and in any case at least once every two years. If a property passes inspection, it shall be issued a Certificate of Compliance that expires on the deadline for the next mandated fire inspection.

(a) Access. The business or property owner or his or her agent shall:

(i) Provide access to all structures on the property to ascertain where plumbing exits each structure.

(ii) Uncover all tanks, inspection ports and outlet baffles for inspection. The tank shall be pumped so that an inspection of the tank can be performed. If the tank is over twelve inches below grade, riser installation may be required.

(b) Inspection Criteria.

(i) A dye test shall be conducted to ascertain if all fixtures are connected to the tank and to ascertain if effluent is being discharged to the surface or surface waters.

(ii) The distribution box shall only be exposed if a problem is found and further evaluation is required.

(iii) Leach lines and seepage pits shall only be exposed if a problem is found and further evaluation is required.

(iv) The holding tank shall be maintained, and pump-out records shall be presented at time of inspection, which document holding tank maintenance. The Septic Inspector shall witness a pump-out to ascertain if the tank is water tight.

(v) At time of inspection, adequate proof shall be produced that aerobic units have been serviced by the maintenance provider.

(a) Failed Systems. Commercial properties shall be brought into compliance by date of the next required inspection. Repeated failures found in a subsequent inspection shall be corrected within 45 days. In the event of direct discharge of raw sewage to the surface or surface water, the Building Inspector shall order that the discharge be terminated immediately, and if the septic system has a tank, the outlet shall be sealed, and the tank used as a holding tank until the system is brought into compliance. The Building Inspector may also take further enforcement action, or refer the matter to the Town Board of Health, as provided in section 11 of this law.

(b) Demonstrated Compliance. If a Building Permit and Certificate of Occupancy, or a Certificate of Compliance (after proper inspection under this law) are issued for a new or upgraded septic system, no inspection shall be required for two (2) years after issuance of the Certificate of Occupancy.

(1) Residential and Other Non-Commercial Properties. All other properties shall be inspected at least once every five (5) years. If a property passes inspection, it shall be issued a Certificate of Compliance that expires five years after the inspection. However, if a Conditional Certificate of Acceptance is issued rather than a Certificate of Compliance, the Septic Inspector may require an inspection at such time as the Septic Inspector deems appropriate.

(a) Property Owner. The property owner or his or her agent shall:

(i) Provide access to all structures that have plumbing to perform a dye test; or

(ii) Uncover all tanks and outlet ports so that a dye test may be performed, and if the tank is over twelve inches below grade, ensure that risers have been installed.

(a) Inspection Criteria.

(i) A dye test shall be performed using 25 gallons of water per bedroom introduced into the septic system to ascertain if effluent is discharging to the surface or surface waters, and if the system has a working leach system.

(ii) The holding tanks must be maintained, and pump-out records presented at time of inspection, which document that the holding tank is being maintained. The Septic Inspector shall witness a pump-out to ascertain if the tank is water tight.

(iii) At time of inspection, adequate proof shall be produced that aerobic units have been serviced by the maintenance provider.

(a) Failed Systems. Failures shall be brought into compliance within two years from the date of initial inspection. Repeated failures found in a subsequent inspection shall be corrected within 45 days. In the event of direct discharge of raw sewage to the surface or surface water, the Building Inspector shall order that the discharge be terminated immediately, and if the septic system has a tank, the outlet shall be sealed, and the tank used as a holding tank until the system is brought into compliance immediately. The Building Inspector may also take further enforcement action, or refer the matter to the Town Board of Health, as provided in section 11 of this law.

(b) Demonstrated Compliance. If a Building Permit and Certificate of Occupancy, or a Certificate of Compliance (after proper inspection under this law) are issued for a new or upgraded septic system, no inspection shall be required for five (5) years after issuance of the Certificate of Occupancy.

A. Property Transfer Inspections. Inspection is to performed by the Building Inspector or his or her designated septic inspector.

(1) Property Owner. Prior to inspection, the property owner or his or her agent shall:

(a) Provide access to all structures on the property to ascertain where plumbing exits each structure.

(b) Uncover all tanks, inspection ports and outlet baffles for inspection.

(1) Inspection Criteria.

(a) Tank. The tank inspection shall include, but not be limited to:

(i) Determination of the proper liquid level in tank.

(ii) A dye test shall be performed using 75 gallons of water per bedroom introduced into the septic system to ascertain house fixtures are connected to the tank and to ascertain if effluent is discharging to the surface or surface waters, and if the system has a working leach system.

(iii) The tank shall be pumped completely by a septic hauler to ascertain if tank is water tight and if the baffles are correctly installed. If the Building Inspector determines that the tank may float, then the tank shall only be pumped to a level to support baffle inspection.

(a) Distribution Box. The distribution box shall only be exposed if a problem is found and further evaluation is required.

(b) Leach Lines. Leach lines shall only be exposed if a problem is found and further evaluation is required.

(c) Seepage Pits. Seepage pits are allowed if effluent is passed through a septic tank before the seepage pit, and shall only be exposed if a problem is found and further evaluation is required.

(d) Holding Tank. The holding tank shall be maintained, and pump-out records shall be presented at time of inspection, which document holding tank maintenance. The Building Inspector or his or her designated septic inspector shall witness a pump-out to ascertain if the tank is water tight.

(e) Aerobic Units. Aerobic units shall be inspected by the Building Inspector or his or her designated septic inspector at the time of property transfer. At time of inspection, adequate proof shall be produced that aerobic units have been serviced by the maintenance provider.

(f) Demonstrated Compliance. If a Building Permit and Certificate of Occupancy, or a Certificate of Compliance (after proper inspection under this law) have been issued within two (2) years prior to the transfer of ownership for commercial properties or three (3) years prior to the transfer of ownership for residential or other properties, no additional inspection shall be required until the time of the next periodic inspection,

A. Winter Inspections. Winter inspections shall only be conducted when the area is free of snow and frozen ground. On waterfront properties, winter inspections shall not be conducted when the adjoining waterway is frozen over. A partial inspection of the septic tank and exposed components may be conducted for property transfer inspections, and a Conditional Certificate of Acceptance issued, provided that a full inspection is completed when conditions permit.

B. Failed Systems. Failed systems shall be brought into compliance, to the extent practical, to comply with Part 75A and this law before transfer of ownership or re-occupation of the structure.

C. Septic Inspection Report. Within fifteen (15) days of the inspection, the Septic Inspector shall file a completed Septic Inspection Report with the Town which shall document observed conditions and use. The property owner shall be furnished a copy of the Septic Inspection Report and any Certificate of Compliance that is issued.

1. Enforcement Action Upon Complaint. The Building Inspector is authorized to investigate all written complaints or concerns regarding compliance with this law.

A. Voluntary Cooperation. If the Building Inspector finds a reasonable basis to investigate such complaints or concerns, he or she shall first make efforts to notify the property owner of the complaint or concerns, and then proceed to visually inspect the septic system. The Building Inspector shall attempt to obtain the cooperation of the property owner to validate and resolve any concerns, and may request permission from the property owner to inspect the septic system or property. If permission is denied, except in exigent circumstances, the Building Inspector shall not enter the property to conduct an inspection without an administrative search warrant, which may be issued by the Town of Huron Justice Court.

B. Enforcement Action. If the Building Inspector determines that a septic system is not functioning properly, or is not in compliance with applicable legal requirements, he or she is authorized to order: (i) replacement of the tank; (ii) pumping of the tank; or (iii) other repairs or improvements; to the extent reasonably necessary to restore functionality and compliance with legal requirements. The property owner shall be responsible for all actions and costs necessary to support system inspection and repairs. If a violation of applicable legal requirements is found to exist, the Building Inspector shall order the property owner to terminate use of the septic system and discharge of sewage either immediately; or within thirty (30) days. If deficiencies are not resolved within thirty (30) days, the property owner shall also submit a schedule for compliance to the Building Inspector, who may order compliance with such schedule or such other schedule as he or she deems appropriate to protect public health, welfare and the environment. The Building Inspector may also take further enforcement action, or refer the matter to the Town Board of Health, as provided in section 11 of this law.

1. Variances. Variances from the requirements of this law may be granted by the Septic Board of Appeals, in accordance with this section.

A. Septic Board of Appeals. The Zoning Board of Appeals shall act as the Septic Board of Appeals.

B. Standard. The Septic Board of Appeals may grant a variance where the requirements of this law pose a practical difficulty or unnecessary hardship, and the Board finds that the variance will safeguard public health, safety, and welfare, and protect the environment, including the quality of ground and surface water. The Septic Board of Appeals shall consider the following factors and make applicable findings regarding:

(1) Whether the use or activity to be authorized by the waiver or variance is in harmony with the purpose and intent of this law.

(2) Whether a substantial change will be produced in the general condition of the water quality or a substantial risk to groundwater quality or quantity will be created because of the variance.

(3) Whether the hardship or difficulty can be alleviated by some other method that is feasible for the applicant to pursue.

(4) Whether the variance requested is the minimum variance necessary to afford relief. To this end, the Septic Board of Appeals may recommend a lesser variance than that applied for.

(5) Whether the hardship or difficulty has been created by the applicant.

A. Exemption for Areas Proposed to Be Served by a Sewer System. In addition, if the owners of fifty (50%) percent of the assessed valuation of an area of the Town propose that a sewer system be installed to serve that area, they may apply for a variance giving that area a general exemption from the requirements of this law. If the Septic Board of Appeals finds that a reasonable plan to pursue the sewer system is presented, the Board may grant such a variance for up to three years, subject to annual review, except that septic systems in the area would still be subject to inspection, including dye tests, to ensure that they were not discharging raw sewage. If a septic system is discharging raw sewage, upgrades or repairs shall be made to eliminate such discharges. Such a variance may, upon application, be extended by the Board for additional periods of up to three years each, subject to annual review, provided significant progress in the pursuit of a sewer system is demonstrated.

B. General Procedures.

(1) Applications. The Septic Board of Appeals shall prescribe the form for applications for a variance. The application shall include:

(a) The applicant's name, address and his interest in the subject property; and if not the property owner the owner's name and address and the owner's signed consent to file the application.

(b) A narrative description of the proposed use or action together with any other pertinent information that may be necessary to adequately review the application.

(c) A sketch plan illustrating all proposed site alterations, all structures existing on site, the existing uses and zoning of adjacent parcels, site contours and drainage patterns.

(d) A statement articulating the hardship or difficulty imposed by the enforcement and administration of this law with specific reference to the factors listed in paragraph 10(B).

(e) A statement assessing the potential impact on water quality or the use or activity to be authorized by the variance.

(1) Hearing. The Septic Board of Appeals shall fix a reasonable time for the hearing of any application for a variance within sixty-two (62) days from the day an application is filed.

(2) Notice. The Septic Board of Appeals shall give notice of the hearing on any application for a variance by the publication of a notice of such hearing in a newspaper of general circulation in the Town at least five (5) days prior to the date the hearing, and mailing notice to the applicant at least ten (10) days prior to the date of the hearing.

(3) Meetings. All meetings of the Septic Board of Appeals shall be held at the call of the Chairperson and at such other times as such Board may determine. All meetings of such Board shall be open to the public. The concurring vote of a majority of the members of the Board shall be necessary for the Board to act.

(4) Oaths. The Chairperson, or in absence of the Chairperson, the Acting Chairperson, may administer oaths and compel the attendance of witnesses.

(5) Meetings, Minutes, Records. Meetings of the Septic Board of Appeals shall be open to the public to the extent provided in Article Seven of the Public Officers Law. The Septic Board of Appeals shall keep minutes of its proceedings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact, and shall also keep records of its examinations and other official actions.

(6) Decision. The Septic Board of Appeals shall make its decision within sixty-two (62) days of the hearing; provided, however, the time within which the Board must render its decision may be extended by mutual consent of the applicant and the Board.

(7) Conditions. The Septic Board of Appeals may impose such reasonable conditions and restrictions as are directly related to and incidental to achievement of the purposes of this law and the standards for a variance.

(8) Filing. Every decision or determination of the Board shall be filed immediately in the office of the Town Clerk, and shall be a public record

1. Violations.

A. Inspections. If a property owner refuses to allow access to his or her property to conduct an inspection as required by this law, the Building Inspector shall not enter the property to conduct an inspection without an administrative search warrant, which may be issued by the Town of Huron Justice Court.

B. Abatement. In case any septic system is constructed, reconstructed, altered, converted or maintained or used, or any property is transferred, in violation of this law, or any order of the Building Inspector under this law is not complied with, the Building Inspector or the Town Board (acting as the Town Board of Health), in addition to other remedies, may institute any appropriate action to restrain, correct, or abate such violation, prevent the use of such septic system, or enforce this law or requirements under the State Public Health Law and Regulations, and the Building Inspector may revoke a Certificate of Compliance or Occupancy.

A. Hearing. The Town Board (acting as the Town Board of Health) may schedule a hearing on an alleged violation, and if the conditions arising from the violation are found to be a threat to public health, safety, or welfare of the community, the Board may order the violation corrected. Alternatively, the Board may direct that the Town take corrective action and assess all costs and expenses incurred by the Town in connection with the proceedings and correction of the violation upon the property, provided it utilizes the same procedure as set forth in section 9 of the Town Building Law for unsafe structures.

B. Criminal Penalties. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this law or any written order of Building Inspector issued under this law shall be guilty of an offense, and upon conviction of such offense may be subject to a fine of not more than five hundred dollars, or imprisonment for a period of not more than fifteen days, or both such fine and imprisonment for each offense. However, a person, firm or corporation convicted of a second or other repeated violation of this law, with at least one previous violation occurring within the period of five (5) years immediately preceding the latest violation, may be guilty of a misdemeanor, and may be subject to a fine of not more than one thousand dollars, or imprisonment for not more than six months, or both such fine and imprisonment for each offense. The Building Inspector is authorized to issue appearance tickets for violations of this law requiring appearance by the alleged violator in Huron Town Justice Court.

C. Civil Penalties. Any person, firm or corporation who violates, disobeys, neglects, refuses to comply with or resists the enforcement of any provision of this law or any written order of the Building Inspector issued under this law shall be deemed to have violated this local law, and may be liable to pay the Town a civil penalty of up to one thousand dollars for each such violation. Such a civil penalty may be assessed in any action or proceeding brought by the Septic Inspector or the Town Board to enforce the provisions of this law.

D. Continuous Violations. Each day a violation or offense is continued or not corrected shall be deemed a separate violation or offense.

1. Recourse. Any person or persons, jointly or severally aggrieved by any decision or action of the Septic Board of Appeals or any officer, department, board or bureau of the Town arising under this law, may apply to the Supreme Court for review by a proceeding under Article 78 of the Civil Practice Law and Rules. Such a proceeding against the Septic Board of Appeals must be instituted within 30 days after the filing of a decision of the Septic Board of Appeals in the office of the Town Clerk, and against any other officer, Department, board or bureau of the Town within 30 days of the decision or action.

2. Savings Clause. If any part of this law is held unconstitutional, invalid or ineffective, the remainder of this law shall be valid.

3. Effective Date. This local law shall take effect within 20 days after filing with the Secretary of State.