Any person who engages in the business of sewer connections
in Suffolk County shall register with the Suffolk County Department
of Public Works prior to making any such connections. No request for
registration shall be approved or accepted unless satisfactory proof
of the following is submitted:
A.
A valid plumber's license, issued by the town or village in which
the sewer connections are to be made. In the event that the town or
village in which the sewer connections are to be made does not provide
for the licensing of plumbers, then a valid plumber's license issued
by the Suffolk County Department of Consumer Affairs must be submitted.
B.
A license or permit bond, including a one-year discovery term, or
other undertaking acceptable to the Administrator, in an amount determined
by the Administrator to be sufficient for the purpose of these rules
and regulations, which amount for general permits is to be determined
by the Administrator on the basis of the number of general permits
issued in a calendar year to the person engaging in the business of
sewer connections in Suffolk County, except that such amount shall
not be less than $5,000 annually nor exceed $25,000 annually, a schedule
of which amounts shall be made public by the Administrator, said bonds
commencing on January 1 of each year, indemnifying and saving harmless
the County of Suffolk, the town and/or village in which a sewer connection
is to be made, their departments or agencies and their officers, employees,
agents or servants from all damages or claims of damage to a public
sewer system, water service main or water pipe or to a highway or
the surface thereof; to insure compliance with the terms and conditions
of the general permit related to said sewer connection; or damages
to any other municipal facility in making connections with a public
sewer, in opening a public sewer or in making an opening or excavation
in a public highway or in maintaining, guarding, refilling, dewatering
or working in or about such openings or excavations. The bond shall
be in such form as is acceptable to the Administrator.
A.
Any person who engages in the business of sewer connection in Suffolk
County shall procure and maintain, at his or its own cost and expense,
comprehensive general liability insurance with limits of not less
than $100,000 per person/$300,000 per occurrence for bodily injury
and $100,000 per occurrence for property damage. Said policy must
include coverage for premises operations, explosion, collapse and
underground property damage (X, C, U), contractual coverage, product/completed
operations coverage and independent contractors' coverage, on an "if
any" basis. Said policy must be issued by a company authorized to
transact insurance business within the State of New York. The certificate
shall contain a statement that, in the event that the certificate
of insurance is either canceled, not renewed or materially changed,
15 days' prior written notice shall be given to the Suffolk County
Department of Public Works.
B.
Any person who engages in the business of sewer connections in Suffolk
County shall procure and maintain, at his or its own cost and expense,
workers' compensation and employer's liability insurance covering
all employees as required by New York State law.
C.
In addition, the following clause shall be typed on the back of each
certificate of insurance:
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_______________________________ (name of person, partnership
or corporation) agrees to indemnify and save harmless the County of
Suffolk and the town and/or village in which a sewer connection is
to be made; any of their departments or agencies; and their officers,
employees, agents or servants of and from all damages or claims of
damage to a public sewer, water service main, water pipe; to a highway
or the surface thereof; to public property; or to any person or persons
arising from negligent acts of commission or omission in any way relative
to said sewer connection; or damages to any other municipal facility
in making connection with a public sewer, in opening a public sewer
or in making an opening or excavation in a public highway or in maintaining,
guarding, refilling, dewatering or working in or about such openings
or excavations; or used in connection therewith.
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No person shall engage in the business of making sewer connections
in the County of Suffolk without first having registered with the
Commissioner of the Suffolk County Department of Public Works.
The provisions of this article shall not apply to any person
who makes a sewer connection with real property of which the person
is the owner or one of the owners thereof.
Any person who engages in the business of sewer connections
without having first registered with the Commissioner of the Suffolk
County Department of Public Works shall be guilty of a misdemeanor
and, upon conviction, shall be subject to a fine of not more than
$1,000 or to imprisonment for not more than one year, or both. Each
such connection shall be deemed a separate offense.
Upon the request of the Commissioner of the Department of Public
Works, the Suffolk County Attorney may commence an action in the name
of the County of Suffolk to restrain, prevent and enjoin a violation
or a continuing violation of this article.
The District Attorney of the County of Suffolk is hereby designated
as the County officer charged with the enforcement of this article.
The Administrator shall adopt and promulgate such rules and
regulations as he may deem necessary to implement the provisions of
this article.
