New York Consolidated Laws, Environmental Conservation Law - ENV § 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.