N.Y. Public Authorities Law § 1285-u: Septic system replacement fund

§ 1285-u. Septic system replacement fund. 1. Definitions. For purposes

of this section:

(a) "Cesspool" means a drywell that receives untreated sanitary waste

containing human excreta, which sometimes has an open bottom and/or

perforated sides.

(b) "Fund" means the state septic system replacement fund created by

this section.

(c) "Enhanced septic system project" means an onsite decentralized

wastewater treatment system(s) that (i) at a minimum, is designed to

reduce total nitrogen in treated effluent to 19 mg/l or (ii)

significantly and quantifiably reduces environmental and/or public

health impacts associated with phosphorous or per- and polyfluoroalkyl

substances and associated compounds in effluent from a cesspool or

septic system.

(d) "Participating county" means a county that notifies the

corporation that it seeks authority to administer a septic system

replacement program within its municipal boundaries and agrees to abide

by the program's goals, guidelines, eligibility requirements and

reimbursement procedures and provide information to property owners

regarding program parameters including eligibility criteria.

(e) "Septic system" means a system that provides for the treatment

and/or disposition of the combination of human and sanitary waste with

water not exceeding one thousand gallons per day, serving a single

parcel of land, including residences and small businesses.

(f) "Septic system project" means the replacement of a cesspool with a

septic system, the installation, replacement or upgrade of a septic

system or septic system components, or installation of enhanced

treatment technologies, including an advanced nitrogen removal system,

to significantly and quantifiably reduce environmental and/or public

health impacts associated with effluent from a cesspool or septic system

to groundwater used as drinking water, or a threatened or an impaired

waterbody.

(g) "Small business" means any business which is resident in this

state, independently owned and operated, not dominant in its field, and

employing not more than one hundred individuals.

2. (a) There is hereby created the state septic system replacement

fund, which shall be administered by the corporation to reimburse

property owners or at the written request of a property owner, the

septic system installer contracted by the property owner, for up to (i)

fifty percent of the eligible costs incurred for eligible septic system

projects, provided that no property owner shall be reimbursed more than

ten thousand dollars and no septic system installer may be reimbursed

more than ten thousand dollars per property for such projects; or (ii)

seventy-five percent of the eligible costs incurred for enhanced septic

system projects, provided that no property owner shall be reimbursed

more than twenty-five thousand dollars and no enhanced septic system

installer may be reimbursed more than twenty-five thousand dollars per

property for such projects.

(b) Eligible costs include design and installation costs, and costs of

the system, system components, or enhanced treatment technologies, but

shall not include costs associated with routine maintenance such as a

pump out of a septic tank.

(c) The department of environmental conservation, in consultation with

the department of health and participating counties, shall from the list

of participating counties establish priority geographic areas and, in

the absence of county information, identify eligible septic system

projects, based on an area's vulnerability to contamination, including

the presence of a sole source aquifer, or known water quality

impairment, population density, soils, hydrogeology, climate, and

reasonable ability for septic system projects to mitigate water quality

impacts. The department of environmental conservation may delegate to a

participating county the identification of priority geographic areas.

The department of environmental conservation, in consultation with

participating counties in which priority areas have been identified,

shall determine the amount of money from the fund to be provided to each

participating county based on density, demand for reimbursement from the

fund and the criteria used to establish the priority geographic areas.

The corporation shall publish information, application forms, procedures

and guidelines relating to the program on its website and in a manner

that is accessible to the public.

(d) The corporation shall provide state financial assistance payments

from the fund, from moneys appropriated by the legislature and available

for that purpose, to participating counties to administer a septic

system replacement program to support septic system projects within

their municipal boundaries undertaken by property owners within their

municipal boundaries. Where such project is located in a priority

geographic area identified by the department of environmental

conservation as threatened or impaired by nitrogen, including

groundwater used as drinking water, such septic system project must

reduce nitrogen levels by at least thirty percent.

(e) The corporation shall make payments monthly to a participating

county upon the receipt by the corporation of a certification from the

participating county of the total costs incurred by property owners

within its municipal boundaries for septic system projects within its

municipal boundaries that are eligible for reimbursement from the fund.

3. (a) A participating county shall notify property owners who may be

eligible to participate in the program. Determinations of eligibility

will be made by the participating county based on the published program

criteria and consideration of a property's location in relation to a

waterbody, impacts to groundwater used as drinking water, and the

condition of the property owner's current septic system as determined

by:

(i) the county health department official; or

(ii) other designated authority having jurisdiction, pursuant to

septic inspections required by a municipal separate storm sewer system

permit; or

(iii) a septic contractor pursuant to the applicable county sanitary

code provided, however, in cases where a property owner has authorized

in writing such contractor to receive reimbursement directly, additional

verification shall be required.

(b) An owner of property served by a septic system or cesspool may

apply to a participating county on an application substantially in the

form provided by the corporation.

(c) Property owners in participating counties must have signed a

property owner participation agreement with the county before the start

of the design phase to be eligible for reimbursement from the fund. The

agreement must be substantially in the form provided by the corporation

and include, without limitation, the program's goals, guidelines,

eligibility requirements and reimbursement procedures.

(d) A property owner may apply for reimbursement of eligible costs by

submitting to the participating county a reimbursement application,

which must include at least:

(i) a signed property owner participation agreement;

(ii) a completed reimbursement application form substantially in the

form provided by the corporation;

(iii) any applicable design approval for the septic system project;

(iv) description of all work completed;

(v) cost documentation and invoice or invoices for eligible costs; and

(vi) any written authorization for a septic system installer to

receive reimbursement directly.

(e) Participating counties will be responsible for reviewing their

property owners' applications and approving, modifying or denying the

reimbursement requests as appropriate and issuing reimbursement payments

to property owners from financial assistance payments made to the county

from the fund.

(f) Participation in this program and the receipt of payments shall

not prevent participating counties from providing additional

reimbursement to property owners.

(g) Subject to the limitations of paragraph (d) of this subdivision,

the county may set graduated incentive reimbursement rates for septic

system projects to maximize pollution reduction outcomes.

4. On or before March first, two thousand nineteen, and annually

thereafter, the corporation shall submit to the governor, the temporary

president of the senate and the speaker of the assembly a report

regarding the program. Such report shall include, but shall not be

limited to, the number and amount of grants provided, the number and

amount of any grants denied, geographic distribution of such projects

and any other information the corporation determines useful in

evaluating the benefits of the program.