Waste Stabilization Ponds Local Law
Local Law No. 1 of the Year 1982
Adopted Jan 7, 1982
A local law of the Town of Colesville pursuant to Article 2 of the New York Public Health Law to provide for the regulation of waste stabilization ponds located within its boundaries.
Waste stabilization ponds, or "lagoons" as they are commonly known, pose a potential threat to the health and safety of residents of the Town of Colesville. Their potential for contamination of adjacent property and water supplies by leaking and discharging untreated sewage effluent constitutes a potential health hazard to the community. It is the purpose of this local law to provide for the health, safety and general welfare of the residents of the Town of Colesville by prohibiting the future use of waste stabilization ponds as sewage treatment systems within the Town of Colesville.
Section 2. Authority.
Pursuant to 228 of the New York Public Health Law, the Town of Colesville hereby undertakes to exercise its regulatory authority with regard to sanitary regulations relating to waste stabilization ponds within the Town of Colesivlle.
Section 3. Definitions.
For the purposes of this local law, the following terms shall have the meanings set forth hereinafter:
•a. "Person" means any individual, public or private corporation, political subdivision, government agency, department, board or bureau of the state or federal government,
Municipality, industry, partnership, co-partnership, association, firm, trust, estate, or any other legal entity.
•b. "Waste stabilization pond" shall mean any body of water used for the collection or treatment of waste or sewage. The term "waste stabilization pond" shall not include liquid manure holding ponds used in commercial farming.
Section 4. Prohibitions
No person shall construct, crate or cause to be constructed or created, any waste stabilization pond(s) within the Town of Colesville or within any part of the Town of Colesville.
Section 5. Penalties.
Upon conviction, a violation of this local law shall be deemed an offense and shall be punishable by a fine not exceeding fifty dollars ($50.00) for each and every offense, or imprisonment for a period not to exceed fifteen days, or both.
Section 6. Separability Clause.
If any clause, sentence, paragraph, section or part of this local law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect, impair or invalidate the remainder of this local law but shall be confined in its operation to the clause, sentence, paragraph, section or part of this local law that shall be directly involved in the controversy in which such judgment shall have been rendered.
Section 7. Effective Date
The provisions of this local law adopted on the date set forth below, shall take effect upon the filing of this local law with the Secretary of State. Waste stabilization pond(s) in existence prior to the effective date of this local law shall not be subject to the provisions hereof; however, no
Waste stabilization pond(s) in existence prior to the effective date of this local law shall be enlarged or expanded after the effective date of this local law.