NY Town L § 198-A (2021)
2021 New York Laws TWN - Town Article 12 - District and Special Improvements 198-A - Special Districts for Disposal of Duck Waste in Suffolk County.

§  198-a.  Special  districts  for  disposal  of duck waste in Suffolk   county. 1. The town board of  any  town  in  Suffolk  county  is  hereby   authorized to create a special waste disposal district, or more than one   such  district,  in  said  town,  outside of any incorporated village or   city, the area of which said special waste disposal  district  shall  be   less  than  the  territorial  limits  of  said  town, for the purpose of   constructing,  maintaining  and  operating  within  said  special  waste   disposal  district  a treatment and disposal plant and other facilities,   including the acquisition of necessary  land  and  rights  in  land,  to   provide  for  the  collection,  treatment and disposition, or either, of   duck waste. Such special waste disposal district  shall  be  created  or   extended  in  the  manner  provided by and pursuant to the provisions of   this article relating to the creating or extension  of  sewer  districts   and  shall  embrace  only  duck  farms  as  hereinafter  defined in this   section. The territory embraced  within  any  such  special  duck  waste   disposal district may be composed of non-contiguous areas or properties.   When  so  created,  it  shall  be  deemed  to be an improvement district   created pursuant to the provisions of this article, and shall be subject   to the procedural requirements therein set forth.2.  After  a  special  waste  disposal  district   shall   have   been   established,  the  town  board,  as  the  governing  agency thereof, may   provide for the collection, treatment and  disposition,  or  either,  of   duck waste in such district, and for that purpose, may construct, equip,   operate  and  maintain  a  collection system or a treatment and disposal   plant, or both, and pipes  and  sewer  lines  and  connections  thereto,   acquire  the  necessary land and rights in lands therefor, and purchase,   operate and  maintain  all  necessary  appliances  appurtenant  thereto,   including  such  vehicles  as  may  be  required  in connection with the   collection,  treatment  and  disposition  thereof.  The  cost  of   such   construction  and  equipment and the acquisition of such land and rights   in land shall be at a cost not to exceed the maximum amount proposed  to   be  expended  as  stated  in  the  petition. Whenever the town board may   determine it advantageous to do so,  it  may  (a)  employ  a  sufficient   number  of  persons  and  provide the necessary equipment to operate and   maintain said collection system or said treatment and disposal plant, or   both, at the expense of said district, and (b) establish  from  time  to   time,  charges, fees or rates to be paid by users for such operation and   maintenance and may provide for the payment of said charges in  advance.   Such  charges,  fees or rates may be based upon the volume of duck waste   treated, or upon any  other  equitable  basis  as  the  town  board  may   determine. Such charges shall be a lien upon the real property for which   or  in  connection  with which the services are rendered. The town board   may provide by ordinance, rule or regulation for the time  within  which   rates, charges or fees for such operation and maintenance shall be paid,   and  may  provide  a  penalty not exceeding ten per centum of the amount   due, when such rates, charges or fees are in arrears for thirty days, or   longer.  The  town  clerk  shall  annually  file  with  the  town  board   statements  showing  unpaid  rates,  charges  or fees in such districts.   Such statements shall contain a brief description of  the  property  for   which  or  in  connection  with which such operation and maintenance was   provided, the names of the persons or corporations  liable  to  pay  the   same  and  the  amount chargeable to each. The supervisor shall transmit   such statements to the board of supervisors, which shall levy such  sums   against  the  property liable and shall state the amount of the tax in a   separate column in the annual tax rolls of such town under the  name  of   "duck  waste charges".  Such tax shall be paid to the supervisor of such   town. All the provisions of the existing laws of the state of  New  York   covering  the  enforcement  and  collection  of  unpaid  town  taxes  or    assessments for special improvements in the several towns of the  county   of  Suffolk, not inconsistent herewith, shall apply to the collection of   such unpaid charges for the treatment and disposition of duck waste. All   such  rates,  charges and fees shall be used for the payment of the cost   of  the  management,  maintenance  and  operation  of  the  duck   waste   collection, treatment and disposition service, or for the enlargement or   replacement  of  the  same.   The town board may adopt from time to time   ordinances, rules and regulations  for  the  collection,  treatment  and   disposition of duck waste in the special waste disposal districts in the   town  and  the  use  of  the  equipment therein, and, in addition to the   remedies provided in section one hundred and thirty-five of this chapter   for the enforcement thereof or for the punishment of violators, the town   board may enforce compliance with such rules, ordinances and regulations   by discontinuing the duck  waste  and  other  waste  matter  collection,   treatment or disposal service.3.  The  expense  of  the  establishment  of  a special waste disposal   district and  of  constructing  a  waste  disposal  system  therein,  as   authorized by subdivision two of this section, shall be assessed, levied   and  collected  from  the  several  lots  and parcels of land within the   district in the same manner and at the same time as other town  charges,   unless the petition for the establishment thereof shall provide that the   expense  thereof  shall  be  assessed by the town board upon the several   lots and parcels of land in said district especially  benefited  by  the   improvement in proportion to the amount of benefit which the improvement   shall confer upon the same, in which case such expense shall be assessed   in such manner.4.  After  the improvement has been constructed and completed it shall   be maintained by the town board and  the  expense  thereof  shall  be  a   charge  upon the district in the manner as may be determined by the town   board in accordance with subdivision two of this section.5. Whenever the town board shall determine  it  necessary  to  acquire   additional  lands  or  rights  in  land  in  order to maintain the waste   disposal system or to increase, improve and reconstruct  the  facilities   thereof  and  the  appurtenances  thereto,  it is authorized to do so by   following the procedure set forth in section two hundred  and  two-b  of   this article.6.  The  town  board  may  provide  for the payment of the cost of any   public improvement hereby authorized by making funds available  therefor   pursuant  to the local finance law. The period of probable usefulness of   any public improvement authorized by this act is hereby determined to be   twenty-five years. In case the  expense  of  the  establishment  of  the   special  waste disposal district is to be assessed, levied and collected   from the several lots and parcels of land within  the  district  in  the   same  manner  and at the same time as other town charges, the provisions   of section two hundred thirty-one-a of this chapter shall be applicable.   In case the expense of the establishment of the special  waste  disposal   district  is to be assessed upon benefited property in proportion to the   amount of benefit which the improvement shall confer upon the same,  the   provisions  of  section  two  hundred  thirty-one  of this chapter shall   apply.7. For purposes of this section, the term "duck waste" shall mean duck   excrement, offal and corpses, or any other waste, material or  substance   resulting  from  the raising and processing of ducks for commercial use,   and the term "duck farm" shall mean any farm or property on  which  more   than five thousand ducks per year are raised for commercial purposes.