N.Y. Environmental Conservation Law § 43-0121: Compliance with sewage disposal requirements

§ 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.