All parcels in County sewer districts shall be subject to such
sewer assessments, rents, charges and fees as may be imposed and levied
by the particular district pursuant to the controlling statutes, laws,
ordinances and regulations.
[Amended 6-27-2000 by L.L. No. 14-2000; 4-24-2001 by L.L. No.
6-2001; 2-6-2007 by L.L. No. 4-2007; 3-23-2010 by L.L. No.
11-2010]
A.
The Administrator may, pursuant to § 266 of the County
Law, establish a user charge system consisting of a schedule of charges
for sewer service, subject to the review and approval of the Suffolk
County Legislature. These charges may be in addition to or in lieu
of applicable ad valorem or benefit assessments. Such charges shall
be based on the estimated annual district cost of operation, maintenance
and regulatory program costs and capital and improvement costs or
portions thereof. The Administrator may, in accordance with said § 266
and after public notice of hearing, adopt a separate user charge system
for each sewer district, subject to the review and approval of the
Suffolk County Legislature. The Administrator shall impose a separate
connection fee of $30 per gallon per day on any user from outside
the geographical boundaries of any Suffolk County sewer district which
receives approval from the County of Suffolk to connect to that pertinent
Suffolk County sewer district, said connection fee to replace the
current connection fee of $15 per gallon per day that is administratively
imposed by any Suffolk County sewer district via agreement with connectees.
The connection fee is to represent a purchase of capacity and is based
on both hydraulics and mass loading criteria.
B.
Notwithstanding the provisions of Subsection A, the connection fee shall be waived where all of the following conditions are satisfied:
(1)
The connection agreement is with a municipality that will be building
infrastructure, including a collection system:
(4)
All individual residential, commercial and industrial facilities within the area described in Subsection B(1)(a), (b) and (c), to be included in the fee waiver, shall have applied to the Sewer Agency for formal approval to connect to the sewer district within five years of the date that the collection system is deemed operational by the sewer district, and shall have executed individual connection agreements within one year of such approval.
C.
Notwithstanding the provisions of Subsections A and B of § 740-38, the connection fee shall be waived where all of the following conditions are satisfied:
[Added 12-15-2020 by L.L. No. 3-2021[1]]
(1)
The
connection agreement is with a municipality or institution, including
but not limited to a public-school district that will be building
infrastructure, including a collection system:
(a)
To serve an area that is in the vicinity of an existing connection
area;
(b)
The Suffolk County Sewer District has capacity to accommodate the
sewage generated by the area to be served;
(c)
The area to be served has a failing on-site system;
(d)
The area to be served is a public-school district with a monitor
appointed by the Commissioner of Education due to significant fiscal
stress; and
(e)
The collection system will be constructed at no cost to the County
and with a capacity to be approved by the Sewer Agency.
[1]
Editor's Note: This local law also redesignated former Subsection
C as Subsection D.
Rates established by the administrative head for each district
shall be on file in the Department of Public Works, identifying the
following classes of users:
[Amended 8-21-2012 by L.L. No. 53-2012]
A surcharge may be imposed for the privilege of discharging
any sewage, compatible industrial or other wastes which, although
approved for acceptance into the works, have characteristics which
exceed the maximum values or strengths defined by the Administrator
for such characteristics when found in normal sewage or wastes. Surcharge
rates may differ between districts pursuant to individual treatment
plant design. In no event shall a surcharge be applicable in lieu
of conformance to Federal General Pretreatment Regulations (40 CFR
Part 403), federal categorical pretreatment standards or Suffolk County
sewer discharge concentration limits. Owners of business, commercial
and industrial properties shall submit data characterizing the water
flow rates and constituents of sewage and industrial waste discharged.
The Administrator may require such additional chemical and hydraulic
evaluations of business, commercial and industrial discharges deemed
by him to be necessary to determine the number of dwelling unit equivalents
for such applicants. Such evaluations shall, if necessary, be performed
at the cost and expense of the applicant. In the absence of complete
or actual flows and data, the Administrator may determine the surcharge
and cost recovery charge, if any, and assign an appropriate number
of dwelling unit equivalents to the premises in question on the basis
of available facts and established technical standards.
Prior to the adoption of rate schedules by the Administrator,
he shall hold a public hearing thereon and publish two notices thereof
in the official County newspapers and a town paper having general
circulation within the district. One such publication shall be at
least 45 days before the date of the hearing and a second not less
than 10 days nor more than 20 days before the date of the hearing.
The notices of hearing shall contain the date, time and location of
the hearing; an outline of the proposed schedule of sewer rates and
charges; and such other information as the Administrator may deem
necessary. Such public hearing shall be held in a meeting room of
the County Legislature, or at such other meeting place as the Administrator
may determine, at such time as he may set. The Administrator shall
maintain a record of the hearing and file a report thereof with the
Clerk of the County Legislature within 15 days of the conclusion of
the hearing, together with the rate schedule and scale of sewer charges
finally adopted.
Any person subject to the payment of said sewer rates and charges
may appeal to the County Legislature within 15 days after the filing
of said report with the Clerk of the Legislature. Such appeal shall
be commenced by filing objections, in writing, in the office of the
Clerk of the Legislature, stating the reasons why the objection is
made. The Public Works Committee of the County Legislature, or its
successor, shall then provide an opportunity to the appellant to be
heard in the matter. Thereafter, the Committee shall make a report
of its findings and recommendations to the County Legislature, which
shall modify, alter, change or ratify the rates and charges appealed
from by the adoption of an appropriate resolution within 30 days of
receipt of such report. This Legislative determination shall be consistent
with the controlling state and federal laws, rules and regulations.
A.
Bills shall be issued in such manner and at such times as the Administrator
may determine. Except when the date of connection or establishment
of a sewer district warrants a payment of less than a full period,
all bills shall be due and payable without penalty within 60 days
of rendering, with the exception of scavenger waste haulers, for whom
payment without penalty is required within 30 days.
B.
All bills shall show the address of the property, the name and address
of the property owner as indicated on the town assessment roll or
the Suffolk County real property tax service agency records and maps,
the total charges due for the current period, arrears and penalties,
if any, and such other data deemed necessary by the Administrator.
No discounts will be allowed for advance payments. Any payment of
less than the full amount will result in delinquency and be subject
to penalties.
C.
A penalty will be levied against the unpaid sewer charges and shall
be added to the delinquent amount.
D.
Unpaid sewer charges, penalties and interest shall become a lien
upon the real property from the first day fixed for payment of such
sewer charges and may be collected as prescribed in § 266
of the County Law.
