2023 New York Laws › CNT - County › Article 5-A - County Water, Sewer, Drainage and Refuse Districts › 256-B - Suffolk County Wastewater Management District.

§  256-b.  Suffolk  county  wastewater  management  district.  1.  (a)
Notwithstanding the provisions of any general, special or local  law  to
the  contrary, including this article, the county legislature of Suffolk
county is hereby authorized to establish by resolution a Suffolk  county
wastewater  management district, hereinafter referred to in this section
as the "district", which shall include all powers of  a  sewer  district
and  a  wastewater  disposal district as provided in section two hundred
fifty of this article and as set forth in this subdivision, pursuant  to
the procedure contained in this section.
(b) In addition to the powers provided in section two hundred fifty of
this  article,  the  district shall have the power, as determined by the
county legislature, to: (i) consolidate all of the original county sewer
districts within the county as well as unsewered areas  of  the  county,
under the jurisdiction of the district; (ii) establish one or more zones
of  assessment  within  the  district,  coterminous with the territorial
boundaries of the existing county sewer districts, consolidated pursuant
to this section, the method  of  wastewater  collection,  treatment  and
disposal,  existing or proposed, or both, and make changes to such zones
of assessments; (iii) acquire interests in real property  which  may  be
completed by the transfer of property of original county sewer districts
to  the  district,  necessary  for  the  installation and maintenance of
district facilities; (iv) prioritize  district  projects  in  accordance
with  the  Suffolk  county subwatershed wastewater plan (SWP) adopted by
the county legislature, and any amendments thereto;  (v)  receive  funds
from  the  Suffolk county water quality restoration fund, as established
by section one thousand two hundred ten-F of the tax law, and distribute
grant  proceeds  within  the  district  in  accordance  with  the  goals
established  in  the  Suffolk  county subwatershed wastewater plan; (vi)
assume and pay any remaining indebtedness of each original county  sewer
district;  (vii)  within  the zones of assessment, establish and provide
for the collection of charges, rates, taxes or  assessments  to  provide
for  the  costs  of  operation, expenses, the sums sufficient to pay the
annual installment of principal of, and  interest  on,  obligations  for
improvements  of  the  district,  maintenance  and  improvements  of the
district, including but  not  limited  to:  (A)  special  assessment  as
defined  in  subdivision  fifteen of section one hundred two of the real
property tax law; (B) special ad valorem levy as defined in  subdivision
fourteen  of  section  one hundred two of the real property tax law; (C)
sewer rent as provided under article fourteen-F of the general municipal
law; (viii) distribute grant proceeds within the district in  accordance
with the goals established in the SWP; and (ix) adopt, amend and repeal,
from  time  to time, rules and regulations for the operation of a county
district. Nothing in this section  shall  be  construed  to  permit  the
collection  of  charges, rates, taxes, or assessments authorized by this
section outside of  the  established  zones  of  assessment  within  the
unsewered  portions  of  the  district  or  within town or village sewer
districts.
2. Boundaries. The boundaries of the  district  upon  formation  shall
include  the  boundaries of all county sewer districts consolidated into
the district and all unsewered areas of the county. Until such time as a
town or village sewer district is consolidated into the district as  set
forth in subdivision ten of this section, the boundaries of the district
shall  not  include  territorial  boundaries  of  town  or village sewer
districts located wholly or in part in the county of Suffolk.
3. County agency review and report. The county legislature may  direct
the  county  agency,  appointed  or  established pursuant to section two
hundred fifty-one of this article, to, or the county agency on  its  own
motion  may,  review and report thereon to the county legislature on the

creation of the district and the merger therewith of any or all existing
county sewer districts in accordance with this section  and  such  other
details  as  may  be  directed by the county legislature consistent with
this  article. When the agency has caused such report to be prepared, it
shall transmit it to the county legislature. Upon receipt of the report,
the  county  legislature  shall  call  a  public  hearing  pursuant   to
subdivision  five  of this section to create a Suffolk county wastewater
management district in accordance with this section. Such  report  shall
be  filed  in  the  office  of  the  clerk of the legislature of Suffolk
county.
4. Resolution. The county legislature of Suffolk county  may  adopt  a
resolution  calling  a  public hearing upon the proposed creation of the
district.
5. Notice. The clerk of the county legislature shall  give  notice  of
the  hearing  described  in  subdivision  four  of  this section in such
newspapers and within such time period  as  set  forth  in  section  two
hundred  fifty-four of this article. Such notice shall specify the time,
date and location of such hearing and, in general  terms,  describe  the
proposed  establishment  of  the  district and the proposed basis of the
future  assessment  of  all  costs   of   operation,   maintenance   and
improvements of the district.
6.  Hearing  and resolution to establish. The county legislature shall
meet at the time, date and location specified in such  notice  and  hear
all  persons  interested  in  the  subject matter thereof concerning the
same. If the county legislature determines that  it  is  in  the  public
interest to establish the district as specified in such notice, it shall
further  determine  by resolution: (i) whether all property and property
owners within the proposed district  are  benefited  thereby;  and  (ii)
whether  all  of the property and property owners benefited are included
within the limits of the proposed district, the county  legislature  may
adopt a resolution, subject to a permissive referendum, establishing the
district.
7.  Notice  of  adoption  of  resolution.  Within  ten  days after the
adoption by the county legislature of the resolution  to  establish  the
district  described  in  subdivision  six  of  this  section, the county
legislature shall give notice thereof, at the expense of the county,  by
the  publication  of  a  notice  in such newspapers and within such time
period as set forth in section one hundred one  of  this  chapter.  Such
notice  shall  set  forth  the  date  of  adoption of the resolution and
contain an abstract of such resolution, describing,  in  general  terms,
the  district,  the  basis  for  the  future  assessment of all costs of
operation, maintenance and improvements, and that  such  resolution  was
adopted subject to a permissive referendum.
8.  Assessments,  levies  and  charges. After the establishment of the
district  in  accordance  with  this  section,  the  county  is   hereby
authorized  by  resolution  approved  by  majority  vote  of  the  total
membership of the county legislature to assess, levy  and  collect  upon
each lot or parcel of land within the zones of assessment established by
this  section:  (a)  special  assessments  as  that  term  is defined in
subdivision fifteen of section one hundred two of the real property  tax
law;  (b) special ad valorem levy as that term is defined in subdivision
fourteen of section one hundred two of the real property  tax  law;  and
(c)  sewer  rents  as  provided  by  article  fourteen-F  of the general
municipal law. Such costs and expenses may include,  but  shall  not  be
limited  to,  the amount of money required to pay the annual expenses of
maintenance, operation, personnel services of the district and the  sums
sufficient  to  pay the annual installment of principal of, and interest
on, obligations for improvements of the district. Such  sums  so  levied

shall be collected by the local tax collectors or receivers of taxes and
assessments  and  shall  be paid over to the chief fiscal officer of the
county, in the same manner and at the same  time  as  taxes  levied  for
general  county purposes. The chief fiscal officer shall keep a separate
account of such moneys and they shall be  used  only  for  purposes  set
forth  in  this section, and in addition, all monies collected from each
zone of assessment  established  or  amended  in  accordance  with  this
section  shall  be  further  segregated and shall not be commingled with
monies of other zones of assessment except upon approval  by  resolution
of  the  county legislature upon recommendation of the board of trustees
established  in  accordance  with  the  Suffolk  county  water   quality
restoration  act.  Nothing  in this section shall be construed to permit
the collection of charges, rates, taxes, or  assessments  authorized  by
this  section  outside of the established zones of assessment within the
unsewered portions of the district  or  within  town  or  village  sewer
districts.
8-a.  Recording  determination.  The  clerk  of the county legislature
shall within ten  days  after  the  effective  date  of  the  resolution
creating  the  district  cause  a  certified  copy to be recorded in the
office of the clerk of the county and when so recorded such order  shall
be  presumptive  evidence  of  the regularity of the proceedings for the
creation of the district and of all other action  taken  by  the  county
legislature  pursuant  to  this  section. A certified copy shall also be
filed in the office of the state department  of  audit  and  control  in
Albany, New York.
9.  Other  laws.  All  provisions of the real property tax law and the
Suffolk county tax act, as the same may be amended from  time  to  time,
not  inconsistent  with  the provisions of this article, relating to the
assessing, levy and collection and enforcement of  special  assessments,
ad  valorem  levies  and sewer rents in the county shall apply and be of
equal force and applicability to special assessments, ad valorem  levies
and  sewer  rents  authorized  pursuant to this section. Nothing in this
section shall be construed to permit the collection of  charges,  rates,
taxes,  or  assessments  authorized  by  this  section  outside  of  the
established zones of assessment within the  unsewered  portions  of  the
district or within town or village sewer districts.
10. Towns and villages. This section shall not be construed as merging
the  sewer  districts of towns and villages within the county of Suffolk
into the district created by this section, provided, however,  that  the
merger  of  any  town  or  village  sewer  district, or village sewerage
system, with the district shall be upon petition of a town  or  village,
in  accordance  with  section two hundred seventy-seven of this article,
and, upon the adoption of an order as set forth  therein,  the  town  or
village  sewer district, or village sewerage system, if so determined by
the county legislature of Suffolk, shall be merged into and consolidated
with the district, and the boundaries of the district  shall  be  deemed
extended.
11.  Water quality restoration fund. (a) Notwithstanding any provision
of law to the contrary, the county of  Suffolk  shall  deposit  the  net
collections  from  the  sales  and  compensating  use  tax authorized by
section one thousand two hundred ten-F of the tax law into  the  Suffolk
county   water   quality  restoration  fund  established  in  accordance
therewith, and shall  utilize  all  monies  transferred  from  the  fund
consistent with this section. Nothing contained in this section shall be
construed  to prevent the financing in whole or in part, pursuant to the
local finance law, of any project authorized pursuant to  this  section.
Monies  from  the  fund  may  be  utilized  to repay any indebtedness or
obligations incurred pursuant to the local finance law  consistent  with

effectuating the purposes of this section. Where Suffolk county finances
a  project, in whole, or in part, pursuant to the local finance law, the
resolution authorizing such  indebtedness  shall  be  accompanied  by  a
report  from  the  county  executive demonstrating how said indebtedness
will be repaid by the fund. Said report shall  include  an  estimate  of
projected  revenues  of  the fund during the period of indebtedness. The
report shall also  provide  an  accounting  of  all  other  indebtedness
incurred  against  the fund to be repaid for the same period. The county
legislature shall  make  findings  by  resolution  that  there  will  be
sufficient  revenue  to repay such indebtedness in its entirety from the
fund before authorizing such indebtedness. Monies in said  fund  may  be
appropriated from or expended in any fiscal year to implement the powers
set  forth  in this section and to repay any indebtedness or obligations
incurred pursuant to the local finance law for the  purposes  authorized
pursuant to this section.
(b)  (i)  Water  quality  improvement  projects  shall be eligible for
funding pursuant to this section. For purposes of this  section,  "water
quality   improvement   projects"   shall  mean  the  planning,  design,
construction, acquisition, enlargement, extension, or  alteration  of  a
county,   town  or  village  wastewater  treatment  facility,  including
individual  hookups,  or  an  individual  septic  system,  including  an
alternative wastewater treatment facility or an individual septic system
with  active  treatment,  to  treat, neutralize, stabilize, eliminate or
partially eliminate sewage or reduce pollutants, including permanent  or
pilot  demonstration  wastewater  treatment  projects,  or  equipment or
furnishings thereof. In the case of individual septic  system  projects,
the  funding  of the operation and maintenance of such projects shall be
included in the definition of "water quality improvement projects". Such
projects shall have as their purpose the remediation of  existing  water
quality  to  meet  specific  water quality standards consistent with the
SWP. Projects consistent with or listed in the SWP that are  part  of  a
plan adopted by a local government resulting in a net nitrogen reduction
shall   be   eligible  for  consideration  by  the  board  of  trustees,
established in accordance with subparagraph (i) of paragraph (c) of this
subdivision.
(ii) Of the annual collections of  the  fund,  administration  of  the
county  wastewater management district shall not exceed ten percent. Not
less than seventy-five percent  of  the  remaining  annual  funds  after
administration  shall  be  used toward funding individual septic systems
projects. In addition  to  water  quality  improvement  projects,  other
eligible  expenditures from the fund shall include the preparation of an
annual  SWP  implementation  action  plan  to  protect,  preserve,   and
rehabilitate groundwater, surface water, and drinking water.
(iii)  Other  than  for  the  payment  of  indebtedness or obligations
incurred as set forth in paragraph (a) of this subdivision,  and  except
for the preparation of the SWP implementation plan itself, no monies may
be  expended  until  the  SWP  implementation plan has been prepared and
approved as provided for in this section.
(c) (i) Within the local law, ordinance or resolution establishing the
Suffolk county water quality restoration fund, pursuant to  section  one
thousand  two hundred ten-F of the tax law, the county shall establish a
board of trustees of twenty-one members to prepare, review  and  approve
the  SWP  implementation plan for submission to the county executive and
county legislature and shall specify the powers and duties of the  board
of  trustees, including the procedures for appointment of a chairperson.
Such approval shall be in addition to all other  approvals  required  by
law.  The  board of trustees shall consist of: (A) a representative from
the department of environmental conservation; (B) a representative  from

the East End supervisors and mayors association; (C) a representative of
the  Suffolk  town  supervisors association; (D) a representative of the
Suffolk County Village Officials Association; (E) a town  representative
from the State Central Pine Barrens Joint Planning and Policy Commission
to  be designated by the commission; (F) a municipal representative from
the Peconic Estuary Partnership; (G) a municipal representative from the
State South Shore Estuary Reserve; (H) a municipal  representative  from
the  Long  Island Sound Estuary; (I) a representative of the Long Island
Federation of Labor; (J) a representative of Building  and  Construction
Trades Council of Nassau & Suffolk counties; (K) a representative from a
regional environmental organization; (L) the chair of the Suffolk county
planning  commission;  (M)  the  county  executive  or designee; (N) the
presiding officer  of  the  county  legislature  or  designee;  (O)  the
minority  leader  of  the county legislature or designee; (P) the county
department of public works commissioner  or  designee;  (Q)  the  county
department   of   health   services  commissioner  or  designee;  (R)  a
representative from a regional economic development organization; (S)  a
representative from the liquid waste industry; (T) a representative from
the  Suffolk County Alliance of Chambers, Inc.; and (U) a representative
from the Long Island Contractors Association.
(ii) The powers and duties of the board of trustees shall oversee  the
annual  audit  pursuant  to  paragraph  (e)  of this subdivision, making
prudent recommendations for  resource  allocations  for  county-approved
alternative  wastewater  treatment  technologies not contemplated in the
Suffolk county subwatersheds  wastewater  plan  and  long-term  progress
monitoring  of  the  implementation  of the Suffolk county subwatersheds
wastewater plan regarding achievements of nitrogen load  reductions  and
ecological endpoints.
(d)  Annual  SWP  implementation  plan.  The  board  of trustees shall
prepare, review and approve and submit to the county executive  the  SWP
implementation  plan  within  one  year  of  the  effective date of this
section, and in every five years thereafter in a like manner. The  board
of  trustees  shall  conduct  a  public  hearing on said plan before its
adoption or subsequent amendment.  Said  plan  shall  list  every  water
quality restoration project which the county plans to undertake pursuant
to  the  fund  and  shall  state how such project would improve existing
water quality. Funds may only be expended pursuant to this  section  for
projects  which  have  been  included  in  said plan. Said plan shall be
consistent with state, federal, county, and local  government  land  use
and  wastewater  management  plans. After submission and approval by the
county  executive,  such  plan  shall  be  submitted   to   the   county
legislature.  Upon  review,  the  county legislature shall determine, by
local law, whether to approve the proposed plan, if the plan is  denied,
the  plan  shall be remanded to the board of trustees for further study.
Such plan shall not  become  effective  until  approved  by  local  law.
Projects  may  be  added  or  removed  from  the currently effective SWP
implementation plan in a like manner.
(e) Annual audit. The county shall annually commission an  independent
audit  of  the  fund.  The  audit  shall  be conducted by an independent
certified public accountant or an independent  public  accountant.  Said
audit  shall  be  performed  by  a  certified  public  accountant  or an
independent public accountant other  than  the  one  that  performs  the
general  audit  of  the  county's  finances.  Such  audit  shall  be  an
examination of the fund and shall determine whether the  fund  has  been
administered  consistent  with  the  provisions  of this section and all
other applicable provisions of state law. Said audit shall be  initiated
within  sixty  days  of  the  close of the fiscal year of the county and
shall be completed within one hundred twenty days of the  close  of  the

fiscal  year.  A  copy  of  the audit shall be submitted annually to the
state comptroller and the county comptroller. A copy of the audit  shall
be  made available to the public within thirty days of its completion. A
notice of the completion of the audit shall be published in the official
newspaper of the county and shall also be posted on the internet website
for the county. The cost of the audit may be a charge to the fund.
(f)  Annual  report.  In addition to any other report required by this
section, the board of trustees, through its chairperson,  shall  deliver
annually  a  report  to  the  county  legislature.  Such report shall be
presented by May fifteenth of each year. The report  shall  describe  in
detail   the   projects   undertaken,   the  monies  expended,  and  the
administrative  activities  of  the  water  quality  fund  and  district
established  in  accordance with this section, during the prior year. At
the conclusion of the report, the chairperson of the board  of  trustees
shall be prepared to answer the questions of the county legislature with
respect  to  the  projects  undertaken,  the  monies  expended,  and the
administrative activities during the past year.