§ 256-B — Suffolk county wastewater management district

New York § 256-B

• Jurisdiction: New York
• Law CNT: County
• Art. 5-A: County Water, Sewer, Drainage and Refuse Districts

Text

256-b. Suffolk county wastewater management district. 1. (a)\nNotwithstanding the provisions of any general, special or local law to\nthe contrary, including this article, the county legislature of Suffolk\ncounty is hereby authorized to establish by resolution a Suffolk county\nwastewater management district, hereinafter referred to in this section\nas the "district", which shall include all powers of a sewer district\nand a wastewater disposal district as provided in section two hundred\nfifty of this article and as set forth in this subdivision, pursuant to\nthe procedure contained in this section.\n (b) In addition to the powers provided in section two hundred fifty of\nthis article, the district shall have the power, as determined by the\ncounty legislature, to: (i) consolidate all of the original county sewer\ndistricts within the county as well as unsewered areas of the county,\nunder the jurisdiction of the district; (ii) establish one or more zones\nof assessment within the district, coterminous with the territorial\nboundaries of the existing county sewer districts, consolidated pursuant\nto this section, the method of wastewater collection, treatment and\ndisposal, existing or proposed, or both, and make changes to such zones\nof assessments; (iii) acquire interests in real property which may be\ncompleted by the transfer of property of original county sewer districts\nto the district, necessary for the installation and maintenance of\ndistrict facilities; (iv) prioritize district projects in accordance\nwith the Suffolk county subwatershed wastewater plan (SWP) adopted by\nthe county legislature, and any amendments thereto; (v) receive funds\nfrom the Suffolk county water quality restoration fund, as established\nby section one thousand two hundred ten-F of the tax law, and distribute\ngrant proceeds within the district in accordance with the goals\nestablished in the Suffolk county subwatershed wastewater plan; (vi)\nassume and pay any remaining indebtedness of each original county sewer\ndistrict; (vii) within the zones of assessment, establish and provide\nfor the collection of charges, rates, taxes or assessments to provide\nfor the costs of operation, expenses, the sums sufficient to pay the\nannual installment of principal of, and interest on, obligations for\nimprovements of the district, maintenance and improvements of the\ndistrict, including but not limited to: (A) special assessment as\ndefined in subdivision fifteen of section one hundred two of the real\nproperty tax law; (B) special ad valorem levy as defined in subdivision\nfourteen of section one hundred two of the real property tax law; (C)\nsewer rent as provided under article fourteen-F of the general municipal\nlaw; (viii) distribute grant proceeds within the district in accordance\nwith the goals established in the SWP; and (ix) adopt, amend and repeal,\nfrom time to time, rules and regulations for the operation of a county\ndistrict. Nothing in this section shall be construed to permit the\ncollection of charges, rates, taxes, or assessments authorized by this\nsection outside of the established zones of assessment within the\nunsewered portions of the district or within town or village sewer\ndistricts.\n 2. Boundaries. The boundaries of the district upon formation shall\ninclude the boundaries of all county sewer districts consolidated into\nthe district and all unsewered areas of the county. Until such time as a\ntown or village sewer district is consolidated into the district as set\nforth in subdivision ten of this section, the boundaries of the district\nshall not include territorial boundaries of town or village sewer\ndistricts located wholly or in part in the county of Suffolk.\n 3. County agency review and report. The county legislature may direct\nthe county agency, appointed or established pursuant to section two\nhundred fifty-one of this article, to, or the county agency on its own\nmotion may, review and report thereon to the county legislature on the\ncreation of the district and the merger therewith of any or all existing\ncounty sewer districts in accordance with this section and such other\ndetails as may be directed by the county legislature consistent with\nthis article. When the agency has caused such report to be prepared, it\nshall transmit it to the county legislature. Upon receipt of the report,\nthe county legislature shall call a public hearing pursuant to\nsubdivision five of this section to create a Suffolk county wastewater\nmanagement district in accordance with this section. Such report shall\nbe filed in the office of the clerk of the legislature of Suffolk\ncounty.\n 4. Resolution. The county legislature of Suffolk county may adopt a\nresolution calling a public hearing upon the proposed creation of the\ndistrict.\n 5. Notice. The clerk of the county legislature shall give notice of\nthe hearing described in subdivision four of this section in such\nnewspapers and within such time period as set forth in section two\nhundred fifty-four of this article. Such notice shall specify the time,\ndate and location of such hearing and, in general terms, describe the\nproposed establishment of the district and the proposed basis of the\nfuture assessment of all costs of operation, maintenance and\nimprovements of the district.\n 6. Hearing and resolution to establish. The county legislature shall\nmeet at the time, date and location specified in such notice and hear\nall persons interested in the subject matter thereof concerning the\nsame. If the county legislature determines that it is in the public\ninterest to establish the district as specified in such notice, it shall\nfurther determine by resolution: (i) whether all property and property\nowners within the proposed district are benefited thereby; and (ii)\nwhether all of the property and property owners benefited are included\nwithin the limits of the proposed district, the county legislature may\nadopt a resolution, subject to a permissive referendum, establishing the\ndistrict.\n 7. Notice of adoption of resolution. Within ten days after the\nadoption by the county legislature of the resolution to establish the\ndistrict described in subdivision six of this section, the county\nlegislature shall give notice thereof, at the expense of the county, by\nthe publication of a notice in such newspapers and within such time\nperiod as set forth in section one hundred one of this chapter. Such\nnotice shall set forth the date of adoption of the resolution and\ncontain an abstract of such resolution, describing, in general terms,\nthe district, the basis for the future assessment of all costs of\noperation, maintenance and improvements, and that such resolution was\nadopted subject to a permissive referendum.\n 8. Assessments, levies and charges. After the establishment of the\ndistrict in accordance with this section, the county is hereby\nauthorized by resolution approved by majority vote of the total\nmembership of the county legislature to assess, levy and collect upon\neach lot or parcel of land within the zones of assessment established by\nthis section: (a) special assessments as that term is defined in\nsubdivision fifteen of section one hundred two of the real property tax\nlaw; (b) special ad valorem levy as that term is defined in subdivision\nfourteen of section one hundred two of the real property tax law; and\n(c) sewer rents as provided by article fourteen-F of the general\nmunicipal law. Such costs and expenses may include, but shall not be\nlimited to, the amount of money required to pay the annual expenses of\nmaintenance, operation, personnel services of the district and the sums\nsufficient to pay the annual installment of principal of, and interest\non, obligations for improvements of the district. Such sums so levied\nshall be collected by the local tax collectors or receivers of taxes and\nassessments and shall be paid over to the chief fiscal officer of the\ncounty, in the same manner and at the same time as taxes levied for\ngeneral county purposes. The chief fiscal officer shall keep a separate\naccount of such moneys and they shall be used only for purposes set\nforth in this section, and in addition, all monies collected from each\nzone of assessment established or amended in accordance with this\nsection shall be further segregated and shall not be commingled with\nmonies of other zones of assessment except upon approval by resolution\nof the county legislature upon recommendation of the board of trustees\nestablished in accordance with the Suffolk county water quality\nrestoration act. Nothing in this section shall be construed to permit\nthe collection of charges, rates, taxes, or assessments authorized by\nthis section outside of the established zones of assessment within the\nunsewered portions of the district or within town or village sewer\ndistricts.\n 8-a. Recording determination. The clerk of the county legislature\nshall within ten days after the effective date of the resolution\ncreating the district cause a certified copy to be recorded in the\noffice of the clerk of the county and when so recorded such order shall\nbe presumptive evidence of the regularity of the proceedings for the\ncreation of the district and of all other action taken by the county\nlegislature pursuant to this section. A certified copy shall also be\nfiled in the office of the state department of audit and control in\nAlbany, New York.\n 9. Other laws. All provisions of the real property tax law and the\nSuffolk county tax act, as the same may be amended from time to time,\nnot inconsistent with the provisions of this article, relating to the\nassessing, levy and collection and enforcement of special assessments,\nad valorem levies and sewer rents in the county shall apply and be of\nequal force and applicability to special assessments, ad valorem levies\nand sewer rents authorized pursuant to this section. Nothing in this\nsection shall be construed to permit the collection of charges, rates,\ntaxes, or assessments authorized by this section outside of the\nestablished zones of assessment within the unsewered portions of the\ndistrict or within town or village sewer districts.\n 10. Towns and villages. This section shall not be construed as merging\nthe sewer districts of towns and villages within the county of Suffolk\ninto the district created by this section, provided, however, that the\nmerger of any town or village sewer district, or village sewerage\nsystem, with the district shall be upon petition of a town or village,\nin accordance with section two hundred seventy-seven of this article,\nand, upon the adoption of an order as set forth therein, the town or\nvillage sewer district, or village sewerage system, if so determined by\nthe county legislature of Suffolk, shall be merged into and consolidated\nwith the district, and the boundaries of the district shall be deemed\nextended.\n 11. Water quality restoration fund. (a) Notwithstanding any provision\nof law to the contrary, the county of Suffolk shall deposit the net\ncollections from the sales and compensating use tax authorized by\nsection one thousand two hundred ten-F of the tax law into the Suffolk\ncounty water quality restoration fund established in accordance\ntherewith, and shall utilize all monies transferred from the fund\nconsistent with this section. Nothing contained in this section shall be\nconstrued to prevent the financing in whole or in part, pursuant to the\nlocal finance law, of any project authorized pursuant to this section.\nMonies from the fund may be utilized to repay any indebtedness or\nobligations incurred pursuant to the local finance law consistent with\neffectuating the purposes of this section. Where Suffolk county finances\na project, in whole, or in part, pursuant to the local finance law, the\nresolution authorizing such indebtedness shall be accompanied by a\nreport from the county executive demonstrating how said indebtedness\nwill be repaid by the fund. Said report shall include an estimate of\nprojected revenues of the fund during the period of indebtedness. The\nreport shall also provide an accounting of all other indebtedness\nincurred against the fund to be repaid for the same period. The county\nlegislature shall make findings by resolution that there will be\nsufficient revenue to repay such indebtedness in its entirety from the\nfund before authorizing such indebtedness. Monies in said fund may be\nappropriated from or expended in any fiscal year to implement the powers\nset forth in this section and to repay any indebtedness or obligations\nincurred pursuant to the local finance law for the purposes authorized\npursuant to this section.\n (b) (i) Water quality improvement projects shall be eligible for\nfunding pursuant to this section. For purposes of this section, "water\nquality improvement projects" shall mean: (A) the planning, design,\nconstruction, acquisition, enlargement, extension, or alteration of a\ncounty, town or village wastewater treatment facility, including\nindividual hookups, and projects for the reuse of treated effluent from\nsuch wastewater treatment facilities, or (B) an individual septic\nsystem, including an alternative wastewater treatment facility or an\nindividual septic system with active treatment, to treat, neutralize,\nstabilize, eliminate or partially eliminate sewage or reduce pollutants,\nincluding permanent or pilot demonstration wastewater treatment\nprojects, or equipment or furnishings thereof. In the case of individual\nseptic system projects, the funding of the operation and maintenance of\nsuch projects shall be included in the definition of "water quality\nimprovement projects". Such projects shall have as their purpose the\nremediation of existing water quality to meet specific water quality\nstandards consistent with the SWP. Projects consistent with or listed in\nthe SWP that are part of a plan adopted by a local government resulting\nin a net nitrogen reduction shall be eligible for consideration by the\nboard of trustees, established in accordance with subparagraph (i) of\nparagraph (c) of this subdivision.\n (ii) Of the annual collections from the tax imposed pursuant to\nsection one thousand two hundred ten-F of the tax law, administration of\nthe county wastewater management district shall not exceed ten percent.\nThe cost of preparation of an annual SWP implementation action plan to\nprotect, preserve, and rehabilitate groundwater, surface water, and\ndrinking water shall be included as part of such administrative costs.\nAfter first deducting such administrative costs, fifty percent of the\nnet revenue from such tax shall be used toward funding individual septic\nsystem projects and fifty percent of the net revenue from such tax shall\nbe used for funding projects related to wastewater treatment facilities.\nAll revenue transferred to the water quality restoration fund from the\ntax imposed pursuant to section one thousand two hundred ten-A of the\ntax law, as required by paragraph (iv) of subdivision (d) of such\nsection, shall be used solely to fund individual septic system projects.\n (iii) Other than for the payment of indebtedness or obligations\nincurred as set forth in paragraph (a) of this subdivision, and except\nfor the preparation of the SWP implementation plan itself, no monies may\nbe expended until the SWP implementation plan has been prepared and\napproved as provided for in this section.\n (iv) Any expenditure from the fund for a purpose other than that\nexpressly permitted, herein, shall be prohibited.\n (c) (i) Within the local law, ordinance or resolution establishing the\nSuffolk county water quality restoration fund, the county shall\nestablish a board of trustees of twenty-one members to prepare, review\nand approve the SWP implementation plan for submission to the county\nexecutive and county legislature and shall specify the powers and duties\nof the board of trustees, including the procedures for appointment of a\nchairperson. Such approval shall be in addition to all other approvals\nrequired by law. The board of trustees shall consist of: (A) a\nrepresentative from the department of environmental conservation; (B) a\nrepresentative from the East End supervisors and mayors association; (C)\na representative of the Suffolk town supervisors association; (D) a\nrepresentative of the Suffolk County Village Officials Association; (E)\na town representative from the State Central Pine Barrens Joint Planning\nand Policy Commission to be designated by the commission; (F) a\nmunicipal representative from the Peconic Estuary Partnership; (G) a\nmunicipal representative from the State South Shore Estuary Reserve; (H)\na municipal representative from the Long Island Sound Estuary; (I) a\nrepresentative of the Long Island Federation of Labor; (J) a\nrepresentative of Building and Construction Trades Council of Nassau &\nSuffolk counties; (K) a representative from a regional environmental\norganization; (L) the chair of the Suffolk county planning commission;\n(M) the county executive or designee; (N) the presiding officer of the\ncounty legislature or designee; (O) the minority leader of the county\nlegislature or designee; (P) the county department of public works\ncommissioner or designee; (Q) the county department of health services\ncommissioner or designee; (R) a representative from a regional economic\ndevelopment organization; (S) a representative from the liquid waste\nindustry; (T) a representative from the Suffolk County Alliance of\nChambers, Inc.; and (U) a representative from the Long Island\nContractors Association.\n (ii) The powers and duties of the board of trustees shall include\noverseeing the annual audit pursuant to paragraph (e) of this\nsubdivision, making prudent recommendations for resource allocations for\ncounty-approved alternative wastewater treatment technologies not\ncontemplated in the Suffolk county subwatersheds wastewater plan and\nlong-term progress monitoring of the implementation of the Suffolk\ncounty subwatersheds wastewater plan regarding achievements of nitrogen\nload reductions and ecological endpoints.\n (d) Annual SWP implementation plan. The board of trustees shall\nprepare, review and approve and submit to the county executive the SWP\nimplementation plan within one year of the effective date of this\nsection, and in every five years thereafter in a like manner. The board\nof trustees shall conduct a public hearing on said plan before its\nadoption or subsequent amendment. Said plan shall list every water\nquality restoration project which the county plans to undertake pursuant\nto the fund and shall state how such project would improve existing\nwater quality. Funds may only be expended pursuant to this section for\nprojects which have been included in said plan. Said plan shall be\nconsistent with state, federal, county, and local government land use\nand wastewater management plans. After submission and approval by the\ncounty executive, such plan shall be submitted to the county\nlegislature. Upon review, the county legislature shall determine, by\nlocal law, whether to approve the proposed plan, if the plan is denied,\nthe plan shall be remanded to the board of trustees for further study.\nSuch plan shall not become effective until approved by local law.\nProjects may be added or removed from the currently effective SWP\nimplementation plan in a like manner.\n (e) Annual audit. The county shall annually commission an independent\naudit of the fund. The audit shall be conducted by an independent\ncertified public accountant or an independent public accountant. Such\naudit shall be performed by a certified public accountant or an\nindependent public accountant other than the one that performs the\ngeneral audit of the county's finances. Such audit shall be an\nexamination of the fund and shall determine whether the fund has been\nadministered consistent with the provisions of this section and all\nother applicable provisions of state law. Said audit shall be initiated\nwithin sixty days of the close of the fiscal year of the county and\nshall be completed within one hundred twenty days of the close of the\nfiscal year. A copy of the audit shall be submitted annually to the\nstate comptroller and the county comptroller. A copy of the audit shall\nbe made available to the public within thirty days of its completion. A\nnotice of the completion of the audit shall be published in the official\nnewspaper of the county and shall also be posted on the internet website\nfor the county. The cost of the audit may be a charge to the fund.\n (f) Annual report. In addition to any other report required by this\nsection, the board of trustees, through its chairperson, shall deliver\nannually a report to the county legislature. Such report shall be\npresented by May fifteenth of each year. The report shall describe in\ndetail the projects undertaken, the monies expended, and the\nadministrative activities of the water quality fund and district\nestablished in accordance with this section, during the prior year. At\nthe conclusion of the report, the chairperson of the board of trustees\nshall be prepared to answer the questions of the county legislature with\nrespect to the projects undertaken, the monies expended, and the\nadministrative activities during the past year. Any costs associated\nwith preparing the annual report shall be a charge to the fund.\n