§ 1285-U — Septic system replacement fund

New York § 1285-U

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 12: New York State Environmental Facilities Corporation
• Art. 5: Public Utility Authorities

Text

§ 1285-u. Septic system replacement fund. 1. Definitions. For purposes\nof this section:\n (a) "Cesspool" means a drywell that receives untreated sanitary waste\ncontaining human excreta, which sometimes has an open bottom and/or\nperforated sides.\n (b) "Fund" means the state septic system replacement fund created by\nthis section.\n (c) "Enhanced septic system project" means an onsite decentralized\nwastewater treatment system(s) that (i) at a minimum, is designed to\nreduce total nitrogen in treated effluent to 19 mg/l or (ii)\nsignificantly and quantifiably reduces environmental and/or public\nhealth impacts associated with phosphorous or per- and polyfluoroalkyl\nsubstances and associated compounds in effluent from a cesspool or\nseptic system.\n (d) "Participating county" means a county that notifies the\ncorporation that it seeks authority to administer a septic system\nreplacement program within its municipal boundaries and agrees to abide\nby the program's goals, guidelines, eligibility requirements and\nreimbursement procedures and provide information to property owners\nregarding program parameters including eligibility criteria.\n (e) "Septic system" means a system that provides for the treatment\nand/or disposition of the combination of human and sanitary waste with\nwater not exceeding one thousand gallons per day, serving a single\nparcel of land, including residences and small businesses.\n (f) "Septic system project" means the replacement of a cesspool with a\nseptic system, the installation, replacement or upgrade of a septic\nsystem or septic system components, or installation of enhanced\ntreatment technologies, including an advanced nitrogen removal system,\nto significantly and quantifiably reduce environmental and/or public\nhealth impacts associated with effluent from a cesspool or septic system\nto groundwater used as drinking water, or a threatened or an impaired\nwaterbody.\n (g) "Small business" means any business which is resident in this\nstate, independently owned and operated, not dominant in its field, and\nemploying not more than one hundred individuals.\n 2. (a) There is hereby created the state septic system replacement\nfund, which shall be administered by the corporation to reimburse\nproperty owners or at the written request of a property owner, the\nseptic system installer contracted by the property owner, for up to (i)\nfifty percent of the eligible costs incurred for eligible septic system\nprojects, provided that no property owner shall be reimbursed more than\nten thousand dollars and no septic system installer may be reimbursed\nmore than ten thousand dollars per property for such projects; or (ii)\nseventy-five percent of the eligible costs incurred for enhanced septic\nsystem projects, provided that no property owner shall be reimbursed\nmore than twenty-five thousand dollars and no enhanced septic system\ninstaller may be reimbursed more than twenty-five thousand dollars per\nproperty for such projects.\n (b) Eligible costs include design and installation costs, and costs of\nthe system, system components, or enhanced treatment technologies, but\nshall not include costs associated with routine maintenance such as a\npump out of a septic tank.\n (c) The department of environmental conservation, in consultation with\nthe department of health and participating counties, shall from the list\nof participating counties establish priority geographic areas and, in\nthe absence of county information, identify eligible septic system\nprojects, based on an area's vulnerability to contamination, including\nthe presence of a sole source aquifer, or known water quality\nimpairment, population density, soils, hydrogeology, climate, and\nreasonable ability for septic system projects to mitigate water quality\nimpacts. The department of environmental conservation may delegate to a\nparticipating county the identification of priority geographic areas.\nThe department of environmental conservation, in consultation with\nparticipating counties in which priority areas have been identified,\nshall determine the amount of money from the fund to be provided to each\nparticipating county based on density, demand for reimbursement from the\nfund and the criteria used to establish the priority geographic areas.\nThe corporation shall publish information, application forms, procedures\nand guidelines relating to the program on its website and in a manner\nthat is accessible to the public.\n (d) The corporation shall provide state financial assistance payments\nfrom the fund, from moneys appropriated by the legislature and available\nfor that purpose, to participating counties to administer a septic\nsystem replacement program to support septic system projects within\ntheir municipal boundaries undertaken by property owners within their\nmunicipal boundaries. Where such project is located in a priority\ngeographic area identified by the department of environmental\nconservation as threatened or impaired by nitrogen, including\ngroundwater used as drinking water, such septic system project must\nreduce nitrogen levels by at least thirty percent.\n (e) The corporation shall make payments monthly to a participating\ncounty upon the receipt by the corporation of a certification from the\nparticipating county of the total costs incurred by property owners\nwithin its municipal boundaries for septic system projects within its\nmunicipal boundaries that are eligible for reimbursement from the fund.\n 3. (a) A participating county shall notify property owners who may be\neligible to participate in the program. Determinations of eligibility\nwill be made by the participating county based on the published program\ncriteria and consideration of a property's location in relation to a\nwaterbody, impacts to groundwater used as drinking water, and the\ncondition of the property owner's current septic system as determined\nby:\n (i) the county health department official; or\n (ii) other designated authority having jurisdiction, pursuant to\nseptic inspections required by a municipal separate storm sewer system\npermit; or\n (iii) a septic contractor pursuant to the applicable county sanitary\ncode provided, however, in cases where a property owner has authorized\nin writing such contractor to receive reimbursement directly, additional\nverification shall be required.\n (b) An owner of property served by a septic system or cesspool may\napply to a participating county on an application substantially in the\nform provided by the corporation.\n (c) Property owners in participating counties must have signed a\nproperty owner participation agreement with the county before the start\nof the design phase to be eligible for reimbursement from the fund. The\nagreement must be substantially in the form provided by the corporation\nand include, without limitation, the program's goals, guidelines,\neligibility requirements and reimbursement procedures.\n (d) A property owner may apply for reimbursement of eligible costs by\nsubmitting to the participating county a reimbursement application,\nwhich must include at least:\n (i) a signed property owner participation agreement;\n (ii) a completed reimbursement application form substantially in the\nform provided by the corporation;\n (iii) any applicable design approval for the septic system project;\n (iv) description of all work completed;\n (v) cost documentation and invoice or invoices for eligible costs; and\n (vi) any written authorization for a septic system installer to\nreceive reimbursement directly.\n (e) Participating counties will be responsible for reviewing their\nproperty owners' applications and approving, modifying or denying the\nreimbursement requests as appropriate and issuing reimbursement payments\nto property owners from financial assistance payments made to the county\nfrom the fund.\n (f) Participation in this program and the receipt of payments shall\nnot prevent participating counties from providing additional\nreimbursement to property owners.\n (g) Subject to the limitations of paragraph (d) of this subdivision,\nthe county may set graduated incentive reimbursement rates for septic\nsystem projects to maximize pollution reduction outcomes.\n 4. On or before March first, two thousand nineteen, and annually\nthereafter, the corporation shall submit to the governor, the temporary\npresident of the senate and the speaker of the assembly a report\nregarding the program. Such report shall include, but shall not be\nlimited to, the number and amount of grants provided, the number and\namount of any grants denied, geographic distribution of such projects\nand any other information the corporation determines useful in\nevaluating the benefits of the program.\n