NY Town L § 190-G (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 190-G - Water Quality Treatment Districts.

§  190-g.  Water quality treatment districts. 1. The town board of any   town is hereby  authorized  to  establish  or  extend  a  water  quality   treatment  district, or more than one such district, for the purposes of   (a) procuring by purchase, lease or other means,  and  installing  water   quality  treatment  units  or  devices,  if required; providing periodic   testing and monitoring of raw and finished water from private  wells  in   the district; monitoring, modifying, repairing, replacing, operation and   maintenance,  regenerating water quality treatment units and devices and   the administering of the treatment and disposal of  residuals  generated   in  the  operation  of  the  district  pursuant to rules and regulations   adopted by the public health and health planning council  under  section   two  hundred  twenty-five of the public health law; (b) assisting local,   state and federal agencies and officials in efforts to establish  causes   of,  and  implement remedial measures to reduce, water contamination and   protect future water resources within the district; (c)  conduct  public   meetings and issue an annual public report to members of the district on   the  operation,  financial  position and water quality condition of said   district.2. A  water  quality  treatment  district  established  hereunder  may   consist of noncontiguous or contiguous benefited parcels of property and   shall  be created by a resolution of the town board, upon petition after   a public hearing. The petition may be executed and acknowledged  by  one   or more of the owners of taxable real property of record situated within   the  town  whose  private well water is contaminated and at the time the   petition is executed and acknowledged, notice and copy of such  petition   shall  be  submitted  to the state department of health. Upon a petition   signed and acknowledged the town board may, or on its own motion,  after   a  public  hearing, assemble data relating to the number and location of   private wells within the town, the contaminants  present  in  the  water   supply  in such town's private wells, (for the purposes of this section,   "contaminants"  shall  mean  those  substances  found  in   amounts   or   concentrations which violate federal, state or local laws, guidelines or   rules  and  regulations  relating  to drinking water or which may pose a   risk to public health), the extent of contamination of the water  supply   in  the  town's  private  wells,  and  the  availability  of appropriate   treatment technologies for the contaminants  found  to  be  present,  or   which  are  reasonably expected to be found, currently or in the future,   in the water supply in the town's private wells.  Upon  presentation  of   the  petition  or  on its own motion, the town board may direct or cause   maps and plans to be prepared, provided however, that if  the  owner  or   owners  of taxable real property undertake to furnish or pay the cost of   such maps and plans at his or their cost and  expense,  the  town  board   shall  accept  or  prepare  the  same  or  the  town  board  may adopt a   resolution, subject to a permissive referendum, appropriating a specific   amount to pay the cost of preparing a general map and plan for providing   water quality treatment units or devices and related services. The  town   board  may  determine  that  such maps and plans shall be prepared by or   under the supervision of town officers and employees to be designated by   the town board, or by persons to be employed for that  purpose,  or  the   town  board  may  contract  for  the  preparation  thereof,  within  the   limitations of the amount appropriated.  Except  as  otherwise  provided   herein,  the expense incurred for the preparation of such maps and plans   shall be a town charge, and shall be assessed, levied and  collected  in   the  same  manner  as  other  town  charges.  If  the  town  board shall   thereafter establish or extend a water quality treatment  district,  the   expense  incurred  by the town for the preparation of the maps and plans   therefor shall be deemed to be part of the cost of such improvement, and   the town shall be reimbursed the amount paid therefor, or  such  portion    of that amount which the town board, at the public hearing held pursuant   to  section  one  hundred  ninety-four  of  this chapter, shall allocate   against such district. Nothing in this  section  contained,  or  in  any   other  section of this act, shall be construed to prevent the financing,   in whole or in part, of expenditures by private sources,  grants  or  by   other means. All such maps and plans shall be filed with the town clerk.   Such maps and plans shall show (1) the location of all benefited parcels   of  properties  with  water quality treatment units or devices installed   prior to the formation of the district and/or those properties requiring   installation of water quality treatment units or devices  and  the  mode   and  frequency  of testing, monitoring, modifying if required, operation   and maintenance, regenerating of such water quality treatment  units  or   devices and the administering of the treatment and disposal of residuals   and  any other requirements pursuant to rules and regulations adopted by   the public health and health planning council under section two  hundred   twenty-five  of the public health law, and (2) estimates of the costs of   procurement, installation, monitoring, testing, modifying, if  required,   operation  and maintenance, regenerating of such water quality treatment   units or devices and the treatment and disposal of  residuals,  and  the   method of financing the same. Any water quality treatment unit or device   which  has been installed prior to the formation of the district must be   approved pursuant to rules and regulations adopted by the public  health   and health planning council under section two hundred twenty-five of the   public  health  law,  prior to acceptance of such unit or device and its   benefited property within the district.3. Maps and plans shall be submitted to and  approved  or  denied,  in   writing,  by  the  state  department  of  health. Copy of such notice of   approval or denial shall be filed in the office of the clerk of the town   in which the proposed  district  or  extension  is  located.  No  public   hearing shall be called to establish or extend a water quality treatment   district  until  such  maps  and  plans  have been approved by the state   department of health.4. After such maps and plans shall have been  approved  by  the  state   department  of health, the town board shall, by resolution designate the   place where and time when a public hearing will be held to consider  the   establishment  or  extension  of a water quality treatment district. The   town board shall cause a notice of such  hearing  to  be  published  and   posted in the manner prescribed in section one hundred ninety-three. The   notice  shall  comply  with  the  requirements  of  section  one hundred   ninety-three as to content, except that no recitation of the filing of a   petition shall be made. The notice of public  hearing  shall  recite  in   general terms the purpose thereof and describe the location or locations   of the proposed district or extension.