Suffolk County, NY
 
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Table of Contents
Table of Contents
[Added 12-14-1995 by L.L. No. 2-1996]
A. 
This Legislature hereby finds and determines that the septic industry consists of businesses which perform installation, repair or maintenance of any septic tanks, sewer systems, wastewater treatment, disposal systems and any graywater systems, including but not limited to the hauling of any type of liquid waste within the County of Suffolk.
B. 
This Legislature also finds and determines that businesses engaged in the residential septic industry are already licensed under the County's requirements for home improvement contractors.
C. 
Based on input from the septic industry and consumers, this Legislature further finds and determines that, due to extreme health and environmental hazards related to the septic industry, a licensing program for the entire industry, including businesses which service commercial and industrial facilities, will help to protect the environment of Suffolk County.
D. 
This Legislature also finds and determines that the health, safety and general welfare of the consumers of Suffolk County will be enhanced if provision is made for the licensing of persons engaged in the septic industry.
E. 
Now, therefore, the purpose of this article is to establish a licensing program for businesses in the septic industry which service commercial, industrial and residential facilities.
As used in this article, the following terms shall have the meanings indicated:
COMMERCIAL, INDUSTRIAL, RESIDENTIAL SEPTIC TANK/SEWER DRAIN TREATMENT, BACTERIA ADDITIVES AND MAINTENANCE BUSINESS
A business engaged in the installation, repair or maintenance of any septic tank/sewer system, wastewater treatment, disposal system and any graywater systems, including but not limited to the hauling of any type of liquid waste within the County of Suffolk.
CONTRACT
An oral or written agreement contained in one or more documents for the performance of work, which includes all labor, goods and services.
CONVENTIONAL SEPTIC SYSTEM
An on-site sanitary system consisting of a septic tank and any associated interconnecting piping, a leaching structure(s) and any associated interconnecting piping, or a cesspool and any associated interconnecting piping, that does not have any active or mechanical means of treatment or any supplemental filtration components.
[Added 12-1-2015 by L.L. No. 40-2015]
DIRECTOR
The Director of the County Executive's Office of Citizens Affairs.
ENDORSEMENT
A license certification issued by the Department that confirms that the applicant has obtained the required specialized training in a specific area, owns the necessary equipment as required, and authorizes such applicant to practice in that area for the duration of the license.
[Added 12-1-2015 by L.L. No. 40-2015]
ENGAGES
The undertaking, offering to undertake, solicitation or agreement to perform a contract.
INNOVATIVE AND ALTERNATIVE TREATMENT SYSTEM
An on-site wastewater treatment system approved or being piloted by the County that provides for enhanced treatment of wastewater for the increased reduction of organic matter, pathogens, and nutrients.
[Added 12-1-2015 by L.L. No. 40-2015]
LEACHING STRUCTURE
Any leaching pool or drain field that meets Suffolk County Sanitary Code and/or New York State Sanitary Code Appendix 75A specifications.
[Added 12-1-2015 by L.L. No. 40-2015]
LICENSEE
A person permitted to engage in a business licensed pursuant to the provisions of this article of the Suffolk County Code.
OFFICE
The County Executive's Office of Citizen Affairs.
PERSON
Includes the persons within the definition contained in General Construction Law § 37, as well as an individual, partnership or other entity.
WASTE LINE CLEANING
A method for the removal or dislodging of solids, roots, or other foreign debris clogging waste dispersal line(s). Methods can include, but are not limited to, aeration, jetting (pressurized water cleaning), or chemical treatment.
[Added 12-1-2015 by L.L. No. 40-2015]
A. 
It is unlawful for any person, other than those exempt under the provisions of this article, to engage in any commercial, industrial or residential septic tank/sewer drain treatment, bacteria additives and maintenance business, as defined herein, in Suffolk County without obtaining a license, inclusive of the required endorsements with requisite continuing education as defined under § 563-79, therefor from the Office in accordance with and subject to the provisions of this article.
[Amended 12-1-2015 by L.L. No. 40-2015]
B. 
A license issued pursuant to this article may not be construed to authorize the licensee to perform any work or engage in any business which is reserved to qualified licensees under separate provisions of state or local law or other articles of this chapter.
C. 
It is unlawful for any person, other than those exempt under the provisions of this article, to engage in any business licensed hereunder unless such work is performed pursuant to a written contract.
Exemptions shall be as follows:
A. 
Employees of any federal, state or local government, or any agencies thereof or of a state or local authority ("public authority"), as that term is defined in § 2 of the New York Public Authorities Law, provided that such employees are performing the work on behalf of a government entity or public authority. This exemption shall not apply to any work performed by a person, as that term is defined in this article, who is not an employee of any federal, state or local government or any agencies thereof or of a public authority even if such work is performed on behalf of or pursuant to an agreement with a governmental entity or public authority.
[Amended 3-23-2010 by L.L. No. 7-2010; 9-15-2011 by L.L. No. 49-2011]
B. 
Maintenance work by bona fide employees in an industrial, commercial, institutional or other such establishment within the building or property limits of the employer.
C. 
Employees of a business duly licensed pursuant to this article.[1]
[1]
Editor’s Note: Former Subsection D, exempting certain residential businesses or home improvement contractors, which immediately followed this subsection, was repealed 12-1-2015 by L.L. No. 40-2015.
[Amended 12-17-2002 by L.L. No. 4-2003; 8-5-2008 by L.L. No. 32-2008; 6-16-2015 by L.L. No. 23-2015; 12-1-2015 by L.L. No. 40-2015]
A. 
Application procedure; qualifications; issuance of license. All applications for licenses shall be submitted in writing, on forms furnished by the Department of Labor, Licensing and Consumer Affairs (Department). Such applications shall be accompanied by a nonrefundable application fee of $200 from all applicants, other than those exempt under the provisions of this § 563-79. In order to obtain and hold a license under this article, an applicant shall have applied for and obtained the appropriate endorsement or endorsements required for the particular work or services to be performed as set forth at Subsection B. Applications for endorsements and renewal of endorsements shall be submitted in writing, on forms furnished by the Department, and shall be accompanied by a nonrefundable endorsement application fee of $200 from all applicants for each endorsement other than for those applicants seeking their first endorsement for any two-year license period and for those applicants exempt under the provisions of this § 563-79. The application fee for an endorsement shall be prorated for the remainder of the term of the license in the event an application for an endorsement is made while a license under this article is unexpired. Each endorsement shall be for a period of two years from the date of issuance of a license under this article and shall expire on the last day of the 24th month of issuance of such license. Subsequent renewals of all endorsements shall be for periods of two years.
B. 
Required endorsements. All applications for licenses and license renewals must include an application for the pertinent category or categories of endorsement(s) as set forth below at Subsection B(1) through (11) to provide the particular work or service(s) under this article. For each endorsement other than endorsements set forth below at Subsection B(10) and (11), each applicant must have at least five years of verifiable and documented trade experience within the last 10 years in the trade for which the license is being sought. For endorsements set forth below at Subsection B(10) and (11), each applicant must have at least five years of verifiable and documented general industry experience within the last 10 years. Verifiable and documented trade experience must include the following: a) pay stubs, W2 forms, federal or state tax returns showing employment with a licensed contractor, or a statement from a previous employer verifying term of employment; and b) trade references. Endorsements necessary to perform the particular work or services under this article are as follows:
(1) 
Septic tank pumping, cleaning, and maintenance endorsement. Any work that requires pumping, servicing, cleaning, system rehabilitation services or minor repairs to residential, commercial, and/or industrial conventional septic systems, cesspools, and wastewater holding tanks, and/or performing assessment of the overall health of a conventional septic system and/or coordinating preventative maintenance and pumping with property owners, requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a dedicated pump/vacuum truck for sanitary and/or organic waste;
(b) 
Successful completion of a pump/vacuum truck training program approved by the Department; and
(c) 
Either:
[1] 
Successful completion of a Long Island Liquid Waste Association (LILWA) training class and passage of the LILWA certification test; or
[2] 
Successful completion of a similar training program approved by the Department.
(2) 
Grease trap/grease interceptor cleaning and maintenance endorsement. Any work that requires cleaning and/or maintenance of grease trap waste, which is a mixture of wastewater, food particles, and grease from sinks, dishwashers, and drains from within the kitchen of restaurants and food preparation establishments, requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a pump/vacuum truck dedicated for pumping grease trap waste; and
(b) 
Successful completion of a training program approved by the Department in pump/vacuum truck operation.
(3) 
Yellow grease/fryer oil collection endorsement. Any work that requires collection of yellow grease, which is oils and greases collected within the kitchen and preparation areas before it has been comingled with wastewater, requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a pump/vacuum truck dedicated for pumping yellow grease; and
(b) 
Successful completion of a training program approved by the Department in pump/vacuum truck operation.
(4) 
Temporary restroom facilities endorsement. Any work that includes servicing of portable toilets or temporary restrooms and/or the waste generated therefrom requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a dedicated pump/vacuum truck for sanitary and/or organic waste;
(b) 
Successful completion of a health and safety certification program approved by the Department; and
(c) 
Successful completion of a training program approved by the Department in pump/vacuum truck operation.
(5) 
Waste line cleaning and inspection endorsement. Any work that includes residential, commercial, and/or industrial septic systems waste line cleaning, video inspection, and/or electronic locating (use of flushable or magnetic location device) requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of dedicated jetting or waste line cleaning equipment; and
(b) 
Successful completion of a LILWA training class and passage of the LILWA certification test or completion of a similar training program approved by the Department.
(6) 
Bulk liquid waste transportation endorsement. Any work, not including service to a conventional septic or innovative and alternative treatment system, that includes industrial liquid waste bulk transportation requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a dedicated pump/vacuum truck for sanitary and/or organic waste; and
(b) 
Either:
[1] 
Successful completion of a LILWA training class and passage of the LILWA certification test; or
[2] 
Successful completion of a similar training program approved by the Department.
(7) 
Vactor (pump/vacuum) services endorsement. Any work that includes residential, commercial and/or industrial vactor services requires this endorsement. This endorsement requires the following:
(a) 
Proof of ownership of a dedicated pump/vacuum truck for sanitary and/or organic waste; and
(b) 
Either:
[1] 
Successful completion of a LILWA training class and passage of the LILWA certification test; or
[2] 
Successful completion of a similar training program approved by the Department.
(8) 
Conventional septic system maintenance inspector endorsement. Any work that includes performing baseline first maintenance inspections (FMI) and routine maintenance inspections (RMI) of conventional septic systems requires this endorsement. This endorsement requires the following: successful completion of a septic system inspection class and passage of an examination as approved by the Department.
(9) 
Conventional septic system installation endorsement. Any residential, commercial and/or industrial work that includes only conventional septic systems installation, replacement and/or major repair requires this endorsement. This endorsement requires the following: either (a) successful completion of a LILWA training class and passage of the LILWA certification test; or (b) successful completion of a similar training program approved by the Department.
(10) 
Innovative and alternative treatment system installer endorsement. Any work that includes installation of innovative and alternative treatment systems requires this endorsement. This endorsement requires the following:
(a) 
Successful completion of a training program approved by the Department for innovative and alternative treatment system installation;
(b) 
Receipt of an installation training certificate from the manufacturers of all specific technologies being installed (including drain fields); and
(c) 
Possession of a conventional septic system installation endorsement.
(11) 
Innovative and alternative treatment system service provider endorsement. Any work that includes inspection, operation, maintenance, and/or minor repair services on innovative and alternative treatment systems requires this endorsement. This endorsement requires the following:
(a) 
Successful completion of a training program approved by the Department for advanced system operations, maintenance and repair; and
(b) 
Certification by manufacturers of all technologies they service that are currently approved or are being demonstrated and are under review by the Suffolk County Department of Health Services.
C. 
Continuing education program for endorsement renewal.
(1) 
Applicants seeking to renew an endorsement under this article any time after two years subsequent to the effective date of this section must have completed the following training contact hours (TCH) from a training program only for the individual endorsements that (i) are available to the Department to review, (ii) have been approved by the Department, and (iii) appear on an approved list compiled by the Department:
(a) 
For endorsements in Subsection B(1) through (8) above, applicants must have completed a minimum of eight TCHs for each two-year endorsement renewal period. A maximum of four TCHs obtained for safety-related training may be applied toward the minimum required hours for any two-year endorsement renewal period.
(b) 
For endorsements in Subsection B(9) through (11) above, applicants must have completed a minimum of 12 TCHs for each two-year endorsement renewal period. A maximum of six TCHs obtained for safety-related training may be applied toward the minimum required hours for any two-year endorsement renewal period.
(2) 
The following TCH credits shall be available to all applicants for endorsements in Subsection B(1) through (11) above:
(a) 
One TCH for each full year of membership in a wastewater professional association that has been approved by the Department. A maximum of four TCHs for such membership may be applied toward the minimum required hours for any two-year endorsement renewal period; and
(b) 
One TCH for each TCH of course instruction where an applicant performs as an instructor for a Department-approved training program course. A maximum of eight TCHs obtained by being a course instructor may be applied toward the minimum required hours for any two-year endorsement renewal period.
D. 
Exemptions from application fees. Exemptions shall be as follows:
(1) 
Persons who have been accepted into the innovative alternative on-site wastewater treatment demonstration program sponsored by the County to demonstrate their innovative alternative on-site wastewater treatment systems to the Suffolk County Department of Health Services for approval for general public use, who are donating their systems into the program and who are maintaining those systems at the specific sites accepted into the program, are exempt from paying the application fees under this section. Notwithstanding the foregoing, any persons who are exempt from paying application fees under this section shall be responsible for applying for and obtaining the appropriate license under this article. In addition, such persons shall be responsible for applying for and obtaining the appropriate license under this article and paying the associated application fees for said license in the event they contract to do any other work at the specific sites accepted into the program that is not associated with the donated systems or in the event they contract to do any work at any other site or sites that are not accepted into the program.
E. 
The license application shall be filed by an actual owner or partner of a business and shall be signed under oath. Where a corporation is an applicant or a participant in an application, the application shall be signed under oath by an officer of such corporation.
F. 
All applications shall include the residence address of the individual who subscribes his name to the application.
G. 
The Director may require submission of the names and residence addresses of any employees or officers of the applicant, in addition to any other information which he may deem advisable and proper.
H. 
An individual applicant and any individual who subscribes his name to an application must be at least 18 years of age, of good character and financially responsible.
I. 
The Director shall investigate such applicant as to good character before he shall issue the applicant a license.
J. 
Applicants shall meet such further qualifications as may be prescribed by this article and any other appropriate article of this chapter.
K. 
The Office shall issue a license or temporary license to each applicant who has submitted satisfactory evidence of his qualifications and who has complied with all of the requirements of this article and any other appropriate article of this chapter.
A. 
Term; fee; exemptions.
[Amended 12-17-2002 by L.L. No. 4-2003; 6-16-2015 by L.L. No. 23-2015]
(1) 
Term of licenses; renewal; conditions.
(a) 
All licenses, except temporary licenses, shall be for periods of two years from the date of issuance thereof, at the discretion of the Department, and shall expire on the last day of the 24th month of such issuance. Subsequent renewals shall be for periods of two years.
(b) 
The fee for a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license shall be $200 per annum, other than for those persons exempt under the provisions of this § 563-80.
(2) 
Exemptions from license fees. Exemptions shall be as follows:
(a) 
Persons who have been accepted into the innovative alternative on-site wastewater treatment demonstration program sponsored by the County to demonstrate their innovative alternative on-site wastewater treatment systems to the Suffolk County Department of Health Services for approval for general public use, who are donating their systems into the program and who are maintaining those systems at the specific sites accepted into the program, are exempt from paying the license fees under this section for the duration of the program only, which shall be no longer than five consecutive years. Notwithstanding the foregoing, any persons who are exempt from paying license fees under this section shall be responsible for applying for and obtaining the appropriate license under this article. In addition, such persons shall be responsible for applying for and obtaining the appropriate license under this article and paying the associated license fees for said license in the event they contract to do any other work at the specific sites accepted into the program that is not associated with the donated systems, in the event they continue to provide maintenance or other associated work for the donated systems after the program expires, or in the event they contract to do any work at any other site or sites that are not accepted into the program.
B. 
The fee for a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license shall be $200 per annum.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]
C. 
Failure to make application and pay the required annual fee for a license renewal prior to the expiration date of said license shall render the license null and void on the expiration date and require the licensee to submit a new application for an original license. Compliance with the provisions of this subsection and § 563-79B and C shall entitle the licensee to the renewal of his license, provided that such license has not been suspended or revoked by the Director prior to the expiration date.
[Amended 12-17-2002 by L.L. No. 4-2003; 12-1-2015 by L.L. No. 40-2015]
D. 
If an individual licensee enters the Armed Forces of the United States, his license shall continue in force after the date of his entrance into the Armed Forces until six months after the date of termination of his first enlistment. If such licensee does not apply for renewal within this period, his license shall terminate without any notice of action by the Office.
[Amended 12-17-2002 by L.L. No. 4-2003]
E. 
The death of an individual who holds a valid license issued pursuant to this article shall terminate such license.
[Amended 12-17-2002 by L.L. No. 4-2003]
F. 
A license issued in the name of an individual may be assigned or transferred for the remainder of the license period to a partnership, corporation or other entity, provided that the individual holding such license is a general partner of such partnership, the owner of not less than 25% of the outstanding voting shares of such corporation or the holder of not less than a twenty-five-percent interest in any other entity at the time of the assignment or transfer. The application for such transfer or assignment must be accompanied by evidence satisfactory to the Director that the above set forth requirements have been satisfied. No assignment or transfer shall become effective until such proper endorsement evidencing said transfer or assignment has been made on the face of the license by the Director and such license, so endorsed, has been returned to the assignee or transferee. All such endorsements shall be made by the payment of a fee of $25.
[Amended 11-30-2001 by L.L. No. 23-2001; 12-17-2002 by L.L. No. 4-2003]
G. 
A license issued pursuant to this article shall be conspicuously posted in the place of business of the licensee.
H. 
Each individual licensee shall, within seven business days after a change of control or ownership or of management, apply for the assignment or transfer of a license specified in Subsection F, or such license shall terminate. Every other licensee shall, within seven business days after a change of control in ownership or management, notify the Department, in writing, of such change.
I. 
No licensee shall authorize or permit the use of his license by or on behalf of any other person.
J. 
Each licensee shall, within seven business days after a change of address or trade name, notify the Office, in writing, of such change.
K. 
Vehicles used in the licensed business shall have the business name and Suffolk County license number displayed prominently on both the driver and passenger sides of the vehicle. The business name and license number shall be in letters and numbers four inches in height or larger and in contrasting color to the vehicle color.
L. 
All advertising shall include a Suffolk County Department of Citizen Affairs license number, a number from a New York State Department of Environmental Conservation permit issued pursuant to 6 NYCRR Part 364, where applicable, and the business name of the permit holder, which shall be no smaller than ten-point type.
M. 
Applicants for a license shall demonstrate prior trade experience of five years in the commercial, industrial and residential septic tank/sewer treatment, bacteria additives and maintenance field.
N. 
Applicants shall furnish certificates of public liability and property damage insurance in the amount of $1,000,000.
O. 
Applicants shall furnish proof of a license and permit bond in the amount of $10,000.
P. 
All tank trucks used to haul liquid waste within the County of Suffolk shall be equipped with a site glass enabling license holders, consumers and investigators to verify the liquid volume on board the tank at any time.
Q. 
No applicant for a license or license renewal shall have any outstanding judgment for child support against him or her, or be in arrears in child-support payments as determined by official court records or official government records, at the time an application is filed for such license or license renewal. If an applicant has such a judgment against him or her, or is in such arrears, but is current in payments on a judicially approved, or Child Support Enforcement Bureau sanctioned, payment schedule to pay off or reduce such judgment or arrears, then such individual shall not be deemed ineligible for a license or license renewal on the grounds of such judgment or arrears. At least 30 days prior to the expiration of a license, the Office shall send a written notice to a licensee informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with child-support obligations. If necessary, a second written notice shall be sent by the Office to a licensee 60 days after the license has lapsed informing said licensee of his or her obligation to comply with the provisions of this section pertaining to compliance with the child-support obligations. In addition, the County Department of Social Services, through its Child Support Enforcement Bureau, shall notify all current noncustodial parents of the obligations contained herein.
[Added 6-6-2000 by L.L. No. 11-2000]
[Amended 12-17-2002 by L.L. No. 4-2003]
A. 
A duplicate license may be issued for a license which has been lost, destroyed or mutilated, upon application therefor on a form prescribed by the Director and the payment of a fee of $25. Each such duplicate license shall have the word "duplicate" stamped across the face thereof and shall bear the same number.
B. 
A licensee shall obtain a supplementary license for each additional place of business maintained by such licensee within the County of Suffolk, upon application therefor on a form prescribed by the Director and the payment of a fee of $50. Each such supplementary license shall have the word "supplementary" stamped across the face thereof, shall bear the same number as the original and shall be conspicuously posted in each additional place of business.
A contract entered into on or after one year from the effective date of this article by a person who engages in a business regulated by this article, who on the date of the contract does not possess a valid license to engage in such business, is unenforceable by him and voidable at the option of any other party to the contract rendered or to be rendered to such party. Nothing contained herein shall be construed to prevent any other party to the contract from enforcing its terms.
A. 
The Director shall have the power to impose a fine not to exceed $500 upon a licensee or to suspend or revoke a license or to deny an application for the renewal of a license for any one or more of the following causes:
(1) 
Fraud, deceit, misrepresentation or bribery in securing a license.
(2) 
The making of any false statement in an application for a license.
(3) 
Violation of any provision of this article, any other appropriate article of this chapter or any rule or regulation promulgated thereunder.
B. 
No license shall be suspended or revoked nor a fine imposed until after a hearing has been held before the Director upon at least seven business days' notice to the licensee. Such notice shall be served either personally or by certified mail, return receipt requested, to the last known address of the licensee and shall state the date and place of the hearing as well as enumerate the grounds constituting the allegations against such licensee. The licensee may be represented by counsel and may produce witnesses in his own behalf. A record of the hearing shall be taken and preserved. For purposes of such hearing, the Director may administer oaths, take testimony, subpoena witnesses and compel the production of books, papers, records or other documents deemed pertinent to the subject of the hearing.
Prohibited acts shall be as follows:
A. 
Abandonment or willful failure to perform, without justification, any contract or service engaged in by a licensee.
B. 
Willful deviation from or disregard of contract specifications, services or estimates in any material respect without the consent of the contracting party.
C. 
The making of any substantial misrepresentation in the solicitation, procurement of a contract or service or the making of any false promise likely to influence, persuade or induce entry into a contract.
D. 
Directly or indirectly publishing any advertisement relating to goods or services offered by the licensee which contains an assertion, representation or statement of fact which is false, deceptive or misleading, provided that any advertisement which is subject to and complies with the then-existing rules, regulations or guides of the Federal Trade Commission shall not be deemed false, deceptive or misleading.
E. 
Advertising or purporting to offer the general public any contract or service with the intent not to accept said contract or perform any service for the particular work at the price which is advertised to the public.
F. 
Conducting a business in any name other than the one for which the licensee holds a license except pursuant to the exemptions contained in this article.
G. 
Failure to comply with the provisions of Suffolk County Code § 563-6H and J.
H. 
Offering, as an inducement to enter into a contract, a promise or offer to pay, credit or provide any compensation or reward for the buyer's procurement of a contract with another.
A. 
In addition to the powers and duties elsewhere prescribed in this chapter, the Director shall have the power to:
(1) 
Keep records of all licenses issued, suspended or revoked and all fines adjudged.
(2) 
Issue temporary licenses as may be necessary.
(3) 
Promulgate such rules and regulations not inconsistent with the provisions of this article as may be necessary with respect to the form and content of applications for licenses, reception thereof, investigation of applicants and their qualifications, the conduct, including advertising, of occupations regulated by this chapter and other matters incidental or appropriate to his powers and duties as prescribed by this chapter and for the proper administration and enforcement of the provisions of this chapter; and to amend or repeal any such rules and regulations.
(4) 
Require reasonable information of an applicant or licensee, including the production of books, papers, records and other documents.
B. 
No rules or regulations may be promulgated pursuant to Subsection A(3) herein unless a public hearing is held by the Director. At least seven business days' prior notice of such public hearing shall be published in the official newspapers of the County. A copy of all rules and regulations promulgated and any amendments thereto shall be filed in the office of the Clerk of the County Legislature.
C. 
Whenever in this article the Director is empowered to or charged with the responsibility to do or perform any act, he may deputize, in writing, any officer or employee of the Office to do or perform the act in his place and stead.
D. 
Disposition of moneys received. All fees received by the Office pursuant to the provisions of this article shall be remitted to the County Comptroller for deposit in the general fund of the County within 30 days after they are received.
[Amended 6-17-2014 by L.L. No. 32-2014]
E. 
Liability for damage. This chapter shall not be construed to relieve from or lessen the responsibility of any person licensed under the provisions hereof for any loss of life or damage to person or property, nor shall the County of Suffolk be deemed to have assumed any such liability by reason of the issuance of any license.
A. 
Board. The County Executive, with the approval of the legislative body, shall appoint a five-member Commercial, Industrial, Residential Septic Tank/Sewer Drain Treatment, Bacteria Additives and Maintenance Board. Said Board shall determine the fitness of applicants for a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license and shall investigate and report on all proposed suspensions or revocations of licenses as hereinafter provided. Said Board shall be composed of individuals having a personal knowledge and interest in the commercial, industrial and residential septic tank/sewer drain treatment, bacteria additives and maintenance business, such as representatives of labor, management, trade or professional associations and appropriate representatives of government. A licensing director shall be appointed by the Director of the Suffolk County Executive's Office of Citizen Affairs and shall serve as secretary of the Board. The Director of the Suffolk County Executive's Office of Citizens Affairs shall serve as a nonvoting ex officio member of such Board.
B. 
For the initial appointment only, three members of the Board shall be appointed for three-year terms and two members for two-year terms. All appointments thereafter shall be for three-year terms.
C. 
Compensation. No members of the Board shall be compensated for performing the duties of said Board. Reasonable and necessary expenses incurred by a member carrying out the duties defined herein shall be compensable by the County of Suffolk.
D. 
Powers and duties. The licensing board shall have the following powers and duties:
(1) 
To hold meetings at regular times and places for the efficient discharge of the responsibilities and duties of the board.
(2) 
To make rules for the conduct of its meetings and to keep a minute book of its proceedings, including a record of its examinations and other official actions.
(3) 
To examine the qualifications and fitness of applicants applying for licenses under this article.
(4) 
To recommend that the Director issue a commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance license.
(5) 
To conduct meetings and, after a hearing at which all interested parties are afforded a sufficient opportunity to be heard, submit recommendations to the Director relating to the suspension or revocation of commercial, industrial, residential septic tank/sewer drain treatment, bacteria additives and maintenance licenses for cause.
(6) 
To keep records of licenses issued, suspended or revoked and to make such records available for public inspection.
(7) 
To prepare a manual of rules and regulations for the conduct of examinations and to furnish copies thereof to persons desiring the same.
(8) 
To formulate and recommend to the County Legislature, for adoption or amendment, a code of rules governing the commercial, industrial and residential septic tank/sewer drain treatment, bacteria additives and maintenance business, including the materials, workmanship and manner of executing such work. Before making such recommendations, the Board shall confer and meet with the representatives of the commercial, industrial and residential septic tank/sewer drain treatment, bacteria additives and maintenance industry and hold a hearing on the proposed rules. Reasonable prior notice of the time and place of such hearing shall be given by publication in the official newspapers of the County.
(9) 
To formulate and recommend to the County Legislature, for adoption or amendment, rules and standards for the issuance, suspension and revocation of licenses and identification cards, including the conditions for the issuance of the same, the type of examination required, the terms and fees and the conditions upon and the circumstances under which the same may be revoked or suspended.
[Amended 3-23-2010 by L.L. No. 7-2010]
In addition to any civil penalties imposed by the Director pursuant to this article or pursuant to any provisions of any County local law, County resolution, or County ordinance pertaining to consumer affairs, consumer protection, or any matter subject to the jurisdiction of the Department, including, but not limited to, Chapter 387, Consumer Protection, of the Suffolk County Code, any person who shall conduct a business licensed by this article without obtaining a license therefor or who shall continue to engage in such licensed business after having had a valid license suspended or revoked shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $5,000 or imprisonment for not more than one year, or both. Each such violation shall be deemed a separate offense.
Upon application of the Director, the County Attorney or the District Attorney may commence an action in the name of the County to restrain, prevent and enjoin a violation of this article or any rule or regulation promulgated hereunder or any continuance of such violation.
The action of the Director in adjudging fines or suspending, revoking or refusing to issue or renew a license may be reviewed by a proceeding brought under and pursuant to Article 78 of the Civil Practice Law and Rules of the State of New York.