Provides that at the request of an owner of a parcel of property within the boundaries of such sewer district requests exclusion from the sewer district due to the lack of sewage services provided to such parcel of property, such request shall be granted without the state department of health approval and without the procedure set forth in section 256 of the county law.
STATE OF NEW YORK
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5656
2025-2026 Regular Sessions
IN SENATE
February 26, 2025
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Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the county law, in relation to sewer districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 253-b of the county law, as amended by chapter 622
2 of the laws of 1984, is amended to read as follows:
3 § 253-b. Amendment or modification of plans. 1. When the board of
4 supervisors or county legislature shall have established a district
5 pursuant to this article and adopted a plan of a service or improvement
6 for such district, such plan shall not be modified by the board of
7 supervisors or any officer of the county nor by the administrative head
8 or body of such district except as provided in this section. The admin-
9 istrative head or body shall submit a report in writing to the board of
10 supervisors specifying the particulars in which it is proposed to modify
11 such plan. Upon receipt of such report the board of supervisors shall
12 adopt a resolution calling a public hearing thereon. Notice of such
13 public hearing shall be given in the manner provided by section two
14 hundred fifty-four of [the county law] this article. Such notice shall
15 specify in terms sufficient for identification the particulars in which
16 it is proposed to modify the plan of the service or improvement, and the
17 time and place when the board of supervisors will meet to hear and
18 consider any objections which may be made thereto, which time and place
19 shall be not less than ten nor more than twenty days after the first
20 publication of such notice. When any change shall be made in the plan
21 proposed and once adopted, a revised or additional map and profile shall
22 be made showing the change, and all such maps and profiles shall be
23 carefully preserved in the office of the county clerk, or if the county
24 district shall have an office, in the office of such county district,
25 and shall be open to inspection by all persons interested. However, in
26 the case of water quality treatment districts, amendments or modifica-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06415-01-5
S. 5656 2
1 tions of plans must have the written approval of the department of
2 health prior to adoption. At the request of an owner of a parcel of
3 property within the county, if the private well water on such property
4 is contaminated, a water quality treatment district plan may be amended,
5 from time to time, to include said parcel of property. If an owner of a
6 parcel of property within the county requests exclusion from the
7 district, such request shall be granted without the state department of
8 health approval and without the procedure set forth in section two
9 hundred fifty-six of this article. The removal of a parcel of property
10 from a district shall in no way affect the owner's liability for charges
11 which have accrued against the owner's property, prior to said exclu-
12 sion, for the procurement, installation, modification, replacement and
13 removal of a water quality treatment unit or device or for expenses of
14 operation and maintenance including monitoring, testing, regenerating
15 and treating. Should a public or private water system, supplier or
16 authority commence supplying water to any parcel of property within a
17 water quality treatment district, such parcel of property shall no long-
18 er be considered part of the water quality treatment district, and all
19 services to such parcels shall be terminated. Termination of services
20 shall include, the removal of all water quality treatment units or
21 devices and a charge for the cost of doing so to the benefited property,
22 except when such unit or device was acquired and owned by the property
23 owner or when the district determines that such unit or device is obso-
24 lete and no longer useful for any district purpose.
25 2. Notwithstanding the foregoing, in the case of sewer districts, at
26 the request of an owner of a parcel of property within the boundaries of
27 such sewer district requests exclusion from the sewer district due to
28 the lack of sewage services provided to such parcel of property, such
29 request shall be granted without the state department of health approval
30 and without the procedure set forth in section two hundred fifty-six of
31 this article. The removal of a parcel of property from a sewer district
32 shall in no way affect the owner's liability for charges which have
33 accrued against the owner's property, prior to said exclusion. Should a
34 public or private sewer system, supplier or authority commence supplying
35 sewage services to any parcel of property within a sewer district, such
36 parcel of property shall no longer be considered part of the sewer
37 district, and all services to such parcels shall be terminated.
38 § 2. This act shall take effect immediately.
