Suffolk County, NY
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Suffolk County Legislature 5-16-2017 by L.L. No. 15-2017. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included as an attachment to this chapter.]
GENERAL REFERENCES
Cesspools and individual sewage disposal systems — See Ch. 374.
Sewers — See Ch. 740.
ATTACHMENTSAttachment 1 - Uncodified Local Law Provisions
As used in this article, the following terms shall have the meanings indicated; and words of the masculine gender shall mean and include correlative words of the feminine and neutral genders; and words importing the singular number shall mean and include the plural number and vice versa:
ACCESSORY APARTMENT
A secondary dwelling unit established in conjunction with and clearly subordinate to the primary dwelling, whether as a part of the same structure as the primary dwelling unit, or as a detached dwelling unit on the same lot.
[Added 12-18-2018 by L.L. No. 2-2019]
COMMISSIONER
The Commissioner of the Suffolk County Department of Health Services.
DEPARTMENT
The Suffolk County Department of Health Services.
DESIGN PROFESSIONAL
A professional engineer or registered architect licensed by the New York State Education Department.
GRANT AWARDEE
A property owner or qualifying tenant that has been approved for a grant by the Sewer Infrastructure Committee.
[Amended 12-18-2018 by L.L. No. 2-2019]
INNOVATIVE AND ALTERNATIVE ON-SITE WASTEWATER TREATMENT SYSTEM (or "I/A OWTS" or "THE SYSTEM")
An on-site decentralized wastewater treatment system that meets the requirements and standards for nitrogen removal as set forth in the Sanitary Code.
MANUFACTURER/INSTALLER
A manufacturer, dealer or seller of innovative and alternative on-site wastewater treatment systems that have been approved for use by the Department in accordance with the Sanitary Code, who, in addition, whether directly or through contracted services, provides comprehensive installation of such systems in accordance with all state and local laws and regulations.
PROPERTY OWNER
A natural person, firm, partnership, corporation, trust, trustee, association, company or other legal entity capable of owning real property who is the current record owner in fee or qualifying tenant of the residence for which a grant application is made. An owner in fee shall include a fee subject to a life estate.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
QUALIFYING TENANT
A person, firm, partnership, corporation, trust, trustee, association, company or other legal entity capable of owning an interest in real property that is entitled to nonrevocable legal possession of the residence for which a grant application is made by virtue of a written lease, judicial decree or equivalent legal instrument and where such person, firm, partnership, corporation, trust, trustee, association, company or other legal entity is solely responsible for the provision, cost, and maintenance of on-site wastewater disposal for the residence for which a grant application is made.
[Added 12-18-2018 by L.L. No. 2-2019]
RESIDENCE
An existing dwelling unit that is constructed on a residential parcel and designed for, in compliance with the relevant local town or village code or the Sanitary Code, single-family occupancy, two-family occupancy, or single-family occupancy with one accessory apartment.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
RESIDENTIAL PARCEL
Any parcel located wholly or partially in the County of Suffolk, which may legally be used for permanent residential purposes under the local town or village code, as the case may be, or the Sanitary Code.
[Amended 12-18-2018 by L.L. No. 2-2019]
SANITARY CODE
The Suffolk County Sanitary Code, and any duly enacted amendments thereto.
SEWER INFRASTRUCTURE COMMITTEE
The Suffolk County Sewer Infrastructure Committee established in accordance with Local Law No. 44-2011, § C12-2D(4) of the Suffolk County Charter.
[Amended 12-18-2018 by L.L. No. 2-2019]
A. 
The Department is hereby authorized, empowered and directed to establish a grant assistance program to be known as the "Residential Innovative and Alternative On-Site Wastewater Treatment System Grant Assistance Program (the "Residential Septic Incentive Program" or "the Program") to provide funding assistance (the "grant") to eligible residential property owners for the purchase and installation of an I/A OWTS.
B. 
Funds for the Program may be appropriated in Fiscal Year 2017 through Fiscal Year 2021 pursuant to Charter § C12-2D(3). Such funds, when appropriated, shall be dedicated to the Program exclusively for grants and deemed to be used even if not expended in the fiscal year appropriated. Such funds shall be deposited by the Suffolk County Comptroller in a nonlapsing account for the Program consistent with this article. No grant approved shall exceed $15,000 or $20,000 as set forth in § 839-4 below, per residence..
A. 
The Program shall be administered by the Department. The Commissioner is authorized, empowered and directed to promulgate such rules and/or regulations as may be necessary to carry out the intent of this article and to govern the administration and functions of the Program.
B. 
The County Executive and the County Executive's designee(s) are hereby further authorized, empowered and directed to execute and deliver, on behalf of the County, such other agreements, instruments or authorizations, and to perform all acts as may be contemplated, necessary or advisable to consummate, or otherwise give full effect to this article, any grant agreement executed pursuant to § 839-7, and any agreement, instrument or authorization approved, contemplated or authorized by any rule or regulation promulgated pursuant to this article.
C. 
The County Comptroller and the Comptroller's designees are hereby further authorized, empowered and directed to take all actions to create such funds or open such accounts, make deposits and transfers, approve and make payments, execute and deliver other agreements, instruments or authorizations and perform all acts as may be contemplated, necessary or advisable to consummate, or otherwise give full effect to this article, any grant agreement executed pursuant to § 839-7, and any agreement, instrument or authorization approved, contemplated or authorized by any rule or regulation promulgated pursuant to this article.
D. 
Pursuant to Charter § C12-2D(4)(b), the Sewer Infrastructure Committee is authorized, empowered and directed to promulgate such rules and/or regulations as may be necessary to carry out the administration and functions of the Program pursuant to § 839-5.
[Amended 12-18-2018 by L.L. No. 2-2019]
A. 
Geography. Subject to the provisions of § 839-5A and B, a property owner residing in any area of the County may submit an application for a grant to install a system; provided, however, the Commissioner may authorize, in his sole discretion, preferential review of an application for a grant before all other submitted applications if the grant application is for a residence in an area specified by the Department as set forth in § 839-3A as environmentally sensitive.
B. 
Grant amount. Subject to the provisions of Subsection A of § 839-3, and all other provisions of this article, applicants are eligible to receive a grant in the amount of up to $15,000; however, an applicant is eligible to receive a grant in the amount of up to $20,000 where the combined gross household income of all of the property owners of the residence is less than or equal to 80% of the most current area median income ("low- to moderate-income household") as established by the United States Department of Housing and Urban Development. In determining whether an applicant is eligible to receive a grant as a low- to moderate-income household, the Department shall determine the sum of the federal adjusted gross income of all property owners unless an applicant can adequately demonstrate that a property owner does not reside within the residence.
A. 
An application for a grant to install a system may be made by any property owner within the County of Suffolk, except as set forth in Subsection B of this section, in a form determined by the Department, for a residence that:
[Amended 12-18-2018 by L.L. No. 2-2019]
(1) 
Has a valid certificate of occupancy issued by the pertinent town or village; and
(2) 
Is served by an existing septic system or cesspool and is not connected to a public or private sewer or located within an existing sewer district.
B. 
[1]The Program shall not be available for any residential parcel that has outstanding or open real property tax liens.
[1]
Editor's Note: Former Subsection B, regarding applications from exempt County employees and elected state officials, as amended by L.L. No. 23-2017, was repealed 12-18-2018 by L.L. No. 2-2019, which local law also redesignated Subsections C through H as B through G, respectively.
C. 
Applications shall be reviewed in the order in which they are received by the Department in final form, subject to any preferential review of an application directed by the Commissioner pursuant to § 839-4A. The final form of an application shall be determined in the sole discretion of the Commissioner.
D. 
The Sewer Infrastructure Committee shall approve all applications for grant funding prior to the disbursement of any funds, based upon a written recommendation from the Department in accordance with this article.
E. 
The Sewer Infrastructure Committee shall issue a certificate evidencing its approval of a grant award to each grant awardee.
F. 
All grant awards shall be subject to the execution of a grant agreement in accordance with § 839-7 below and subject to availability of funds for the Program in the fiscal year in which an application is made.
G. 
Any property owner who is not approved for a grant award because of the unavailability of funds under the Program in any fiscal year may, upon request, have his application carried over and reconsidered by the Department and the Sewer Infrastructure Committee when funds become available in the next fiscal year.
[Amended 12-18-2018 by L.L. No. 2-2019]
A. 
The grant award authorized to be given to a property owner shall be limited to the costs actually incurred by a property owner in connection with the purchase and installation of an I/A OWTS. Specific items that will be reimbursed shall include:
(1) 
The total cost of the purchase of I/A OWTS materials and necessary components;
(2) 
The purchase of electrical components;
(3) 
Labor costs incurred in connection with installation of the I/A OWTS and any necessary leaching fields and structures;
(4) 
A three-year warranty for the I/A OWTS;
(5) 
Three years of operation and maintenance of the I/A OWTS purchased through the manufacturer/installer;
(6) 
Excavation and backfilling;
(7) 
Design services, including the preparation of a site plan, installation inspection, as-built surveys, and applicable permitting;
(8) 
Pumping and decommissioning of an existing on-site system.
B. 
Grant funds shall not be used for irrigation repairs, electrical improvements unrelated to I/A OWTS installation, design, and post-installation landscaping.
A. 
Disbursement of grant funds shall be contingent upon the execution of an agreement between the County of Suffolk with each grant awardee, the terms of which shall be set by the Commissioner with the approval of the Department of Law. Notwithstanding anything in this article to the contrary, any agreement authorizing the disbursement of grant funds shall be signed by all property owners and qualifying tenants, as the case may be. Each agreement shall be recorded in the office of the Clerk of the County. The agreement shall be a continuing covenant running with the land that binds the owner of the subject property and his heirs, successors and/or assigns.
[Amended 10-3-2017 by L.L. No. 23-2017; 12-18-2018 by L.L. No. 2-2019]
B. 
Any property owner who has, in the determination of the Sewer Infrastructure Committee based upon the recommendation of the Commissioner, negligently or intentionally failed to operate and maintain the system to the point that it is damaged beyond repair, or has removed the system without the prior written approval of the Department, shall repay to the County the full amount of the grant.
[Amended 12-18-2018 by L.L. No. 2-2019]
The Department is authorized, with the consent of the property owner who is approved for a grant award, to make direct payment of the grant proceeds to the manufacturer/installer of the system contracted by the property owner, to the extent that the grant award allows, and allocated in such a manner as determined by the Department.
[Amended 12-18-2018 by L.L. No. 2-2019]
The Commissioner is hereby authorized to enter into an agreement with the CDCLI Funding Corporation, upon such terms and conditions as are acceptable to the Department of Law, for the nonexclusive referral of grant awardees for loan assistance in connection with the installation of an I/A OWTS.
[Added 12-18-2018 by L.L. No. 2-2019[1]]
The County Executive, or his designee, is hereby authorized to enter into such agreements with towns or villages located within Suffolk County that have or will establish a grant, rebate, refund or some other incentive program for the installation of an I/A OWTS, in order to coordinate the use of County funds with funds from other sources, maximize the scope of the program, to avoid duplicative expenditures, and/or to coordinate and streamline information technology components of the application process.
[1]
Editor's Note: This local law also renumbered former § 839-10 as § 839-11.
Other than the grant funds awarded to an applicant in accordance with this article, the County shall not enter into any agreement or otherwise obligate the County of Suffolk to bear any additional expense, unless approved in advance by the Suffolk County Legislature.
[Added 12-18-2018 by L.L. No. 2-2019]
The Department shall conduct an annual review of the program and provide an annual report to the County Legislature's Environment, Planning and Agriculture Committee, or any successor committee, no later than March 15 each year, which includes, at a minimum, the following information for the preceding calendar year, broken down by each town and village within the County:
A. 
The number of grant applications received by the Department.
B. 
The number of grants awarded.
C. 
The total amount of grant monies awarded.
D. 
The number of applicants who received enhanced grant amounts.
E. 
The number of IA/OWTS installed, with grant assistance.