N.Y. County Law § 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: (A) the planning, design,

construction, acquisition, enlargement, extension, or alteration of a

county, town or village wastewater treatment facility, including

individual hookups, and projects for the reuse of treated effluent from

such wastewater treatment facilities, or (B) 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 from the tax imposed pursuant to

section one thousand two hundred ten-F of the tax law, administration of

the county wastewater management district shall not exceed ten percent.

The cost of preparation of an annual SWP implementation action plan to

protect, preserve, and rehabilitate groundwater, surface water, and

drinking water shall be included as part of such administrative costs.

After first deducting such administrative costs, fifty percent of the

net revenue from such tax shall be used toward funding individual septic

system projects and fifty percent of the net revenue from such tax shall

be used for funding projects related to wastewater treatment facilities.

All revenue transferred to the water quality restoration fund from the

tax imposed pursuant to section one thousand two hundred ten-A of the

tax law, as required by paragraph (iv) of subdivision (d) of such

section, shall be used solely to fund individual septic system projects.

(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.

(iv) Any expenditure from the fund for a purpose other than that

expressly permitted, herein, shall be prohibited.

(c) (i) Within the local law, ordinance or resolution establishing the

Suffolk county water quality restoration fund, 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 include

overseeing 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. Such

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. Any costs associated

with preparing the annual report shall be a charge to the fund.