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This entry was published on 2014-09-22
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SECTION 43-0121
Compliance with sewage disposal requirements
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 43
§ 43-0121. Compliance with sewage disposal requirements.

1. Where a provision of this chapter, or rules or regulations issued
pursuant thereto, or the Public Health Law or state sanitary code
requires that the sewage disposal facilities of a building or structure
proposed to be erected or constructed comply with the requirements
thereof, no such building or structure shall be erected, constructed or
thereafter occupied within the boundaries of the Lake George park
without a permit therefor having been first obtained from the village
within which the real property on which it is to be erected, constructed
or thereafter occupied is located, or if such real property is not
located within a village, from the town within which such real property
on which it is to be erected, constructed or thereafter occupied is
located.

2. No such permit for erection or construction shall be granted by any
such village or town board until the applicant therefor has obtained the
approval required under the provisions of this chapter, or rules or
regulations issued pursuant thereto, or under the Public Health Law or
state sanitary code and no such permit for occupancy shall be granted by
any such village or town board until the applicant therefor has obtained
the approval required under the provisions of this chapter, or rules or
regulations issued pursuant thereto, or under the Public Health Law or
state sanitary code.

3. The board of trustees of such a village or a town board of such a
town may fix reasonable fees for such permits and may each delegate its
power to issue such permits to an officer or employee of the village or
town, as the case may be.

4. The action of a village or town board, or of an authorized officer
or employee thereof, in granting or denying any application for such a
permit shall be reviewable pursuant to article 78 of the Civil Practice
Law and Rules.

5. Such a village board of trustees, town board, the Lake George park
commission or any voter or taxpayer of the village or town in which such
a building or structure is located shall have the right to bring a
proceeding to enjoin the construction, continued construction or
occupancy of any building or structure which is erected, constructed or
occupied without compliance with the requirements of this section.