N.Y. Town Law § 196: Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts

§ 196. Modification of plans for sewer, wastewater disposal, drainage,

water or water quality treatment districts. 1. When the town board shall

have established a sewer, wastewater disposal, drainage, water or water

quality treatment district and adopted a plan of sewerage, wastewater

disposal, drainage, water or water quality treatment system for such

district, such plan shall not be modified by the board, nor by any

officer of the town, except after public notice given by publication in

the official paper of intention to modify the same, which notice shall

specify the particulars in which it is proposed to modify it, and a time

and place when the board will consider any objections which may be made

thereto, which time shall not be less than ten nor more than twenty days

after the first publication of said notice. When any change shall be

made in the plan proposed and once adopted, a revised or additional map

and profile shall be made showing the change, and all such maps and

profiles shall be carefully preserved in the office of the town clerk

and open to inspection by all persons interested.

2. In the case of water quality treatment districts, amendments or

modifications of plans must have the written approval of the department

of health prior to adoption. At the request of an owner of a parcel of

property within the town, if the private well water on such property is

contaminated, a water quality treatment district plan may be amended,

from time to time, to include said parcel of property. If an owner of a

parcel of property within the town requests exclusion from the district,

such request shall be granted without the state department of health

approval. The removal of a parcel of property from a district shall in

no way affect the owner's liability for charges which have accrued

against the owner's property, prior to said exclusion, for the

procurement, installation, modification, replacement and removal of a

water quality treatment unit or device or for expenses of operation and

maintenance including monitoring, testing, regenerating and treating.

Should a public or private water system, supplier or authority commence

supplying water to any parcel of property within a water quality

treatment district, such parcel of property shall no longer be

considered part of the water quality treatment district, and all

services to such parcels shall be terminated. Termination of services

shall include, the removal of all water quality treatment units or

devices and a charge for the cost of doing so to the benefited property,

except when such unit or device was acquired and owned by the property

owner or when the district determines that such unit or device is

obsolete and no longer useful for any district purpose.