[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:
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.
An oral or written agreement contained in one or more documents
for the performance of work, which includes all labor, goods and services.
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]
The Director of the County Executive's Office of Citizens
Affairs.
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]
The undertaking, offering to undertake, solicitation or agreement
to perform a contract.
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]
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]
A person permitted to engage in a business licensed pursuant
to the provisions of this article of the Suffolk County Code.
The County Executive's Office of Citizen Affairs.
Includes the persons within the definition contained in General Construction Law § 37, as well as an individual, partnership or other entity.
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.
[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:
(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:
(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:
(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:
(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:
(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:
(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.
(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:
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.
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.
