2010 New York Code
TWN - Town
Article 12 - (190 - 208-B) DISTRICT AND SPECIAL IMPROVEMENTS
190-G - Water quality treatment districts.

§ 190-g. Water quality treatment districts. * 1. The town board of any
  town  is  hereby  authorized  to  establish  or  extend  a water quality
  treatment district, or more than one such district, for the purposes  of
  (a)  procuring  by  purchase, lease or other means, and installing water
  quality treatment units or  devices,  if  required;  providing  periodic
  testing  and  monitoring of raw and finished water from private wells in
  the district; monitoring, modifying, repairing, replacing, operation and
  maintenance, regenerating water quality treatment units and devices  and
  the  administering  of the treatment and disposal of residuals generated
  in the operation of the  district  pursuant  to  rules  and  regulations
  adopted   by  the  public  health  council  under  section  two  hundred
  twenty-five of the public health law; (b)  assisting  local,  state  and
  federal  agencies  and  officials in efforts to establish causes of, and
  implement remedial measures to reduce, water contamination  and  protect
  future  water resources within the district; (c) conduct public meetings
  and issue an annual public report to members  of  the  district  on  the
  operation,  financial  position  and  water  quality  condition  of said
  district.
    * NB Effective until December 1, 2010
    * 1. The town board of any town is hereby authorized to  establish  or
  extend  a  water  quality  treatment  district,  or  more  than one such
  district, for the purposes of (a) procuring by purchase, lease or  other
  means,  and  installing  water  quality  treatment  units or devices, if
  required; providing periodic testing and monitoring of raw and  finished
  water  from  private  wells  in  the  district;  monitoring,  modifying,
  repairing, replacing,  operation  and  maintenance,  regenerating  water
  quality  treatment  units  and  devices  and  the  administering  of the
  treatment and disposal of residuals generated in the  operation  of  the
  district  pursuant to rules and regulations adopted by the public health
  and health planning council under section two hundred twenty-five of the
  public health law; (b) assisting local, state and federal  agencies  and
  officials  in  efforts  to  establish  causes of, and implement remedial
  measures  to  reduce,  water  contamination  and  protect  future  water
  resources  within the district; (c) conduct public meetings and issue an
  annual public report to  members  of  the  district  on  the  operation,
  financial position and water quality condition of said district.
    * NB Effective December 1, 2010
    * 2.  A  water  quality  treatment  district established hereunder may
  consist of noncontiguous or contiguous benefited parcels of property and
  shall be created by a resolution of the town board, upon petition  after
  a  public  hearing. The petition may be executed and acknowledged by one
  or more of the owners of taxable real property of record situated within
  the town whose private well water is contaminated and at  the  time  the
  petition  is executed and acknowledged, notice and copy of such petition
  shall be submitted to the state department of health.   Upon a  petition
  signed  and acknowledged the town board may, or on its own motion, after
  a public hearing, assemble data relating to the number and  location  of
  private  wells  within  the  town, the contaminants present in the water
  supply in such town's private wells, (for the purposes of this  section,
  "contaminants"   shall   mean  those  substances  found  in  amounts  or
  concentrations which violate federal, state or local laws, guidelines or
  rules and regulations relating to drinking water or  which  may  pose  a
  risk  to public health), the extent of contamination of the water supply
  in the  town's  private  wells,  and  the  availability  of  appropriate
  treatment  technologies  for  the  contaminants  found to be present, or
  which are reasonably expected to be found, currently or in  the  future,
  in  the  water  supply in the town's private wells. Upon presentation of
  the petition or on its own motion, the town board may  direct  or  cause

maps  and  plans  to be prepared, provided however, that if the owner or
  owners of taxable real property undertake to furnish or pay the cost  of
  such  maps  and  plans  at his or their cost and expense, the town board
  shall  accept  or  prepare  the  same  or  the  town  board  may adopt a
  resolution, subject to a permissive referendum, appropriating a specific
  amount to pay the cost of preparing a general map and plan for providing
  water quality treatment units or devices and related services. The  town
  board  may  determine  that  such maps and plans shall be prepared by or
  under the supervision of town officers and employees to be designated by
  the town board, or by persons to be employed for that  purpose,  or  the
  town  board  may  contract  for  the  preparation  thereof,  within  the
  limitations of the amount appropriated.   Except as  otherwise  provided
  herein,  the expense incurred for the preparation of such maps and plans
  shall be a town charge, and shall be assessed, levied and  collected  in
  the  same  manner  as  other  town  charges.  If  the  town  board shall
  thereafter establish or extend a water quality treatment  district,  the
  expense  incurred  by the town for the preparation of the maps and plans
  therefor shall be deemed to be part of the cost of such improvement, and
  the town shall be reimbursed the amount paid therefor, or  such  portion
  of that amount which the town board, at the public hearing held pursuant
  to  section  one  hundred  ninety-four  of  this chapter, shall allocate
  against such district.  Nothing in this section  contained,  or  in  any
  other  section of this act, shall be construed to prevent the financing,
  in whole or in part, of expenditures by private sources,  grants  or  by
  other means. All such maps and plans shall be filed with the town clerk.
  Such maps and plans shall show (1) the location of all benefited parcels
  of  properties  with  water quality treatment units or devices installed
  prior to the formation of the district and/or those properties requiring
  installation of water quality treatment units or devices  and  the  mode
  and  frequency  of testing, monitoring, modifying if required, operation
  and maintenance, regenerating of such water quality treatment  units  or
  devices and the administering of the treatment and disposal of residuals
  and  any other requirements pursuant to rules and regulations adopted by
  the public health council under section two hundred twenty-five  of  the
  public  health  law,  and  (2)  estimates  of  the costs of procurement,
  installation, monitoring, testing, modifying, if required, operation and
  maintenance, regenerating of  such  water  quality  treatment  units  or
  devices  and  the treatment and disposal of residuals, and the method of
  financing the same. Any water quality treatment unit or device which has
  been installed prior to the formation of the district must  be  approved
  pursuant  to  rules and regulations adopted by the public health council
  under section two hundred twenty-five of the public health law, prior to
  acceptance of such unit or device and its benefited property within  the
  district.
    * NB Effective until December 1, 2010
    * 2.  A  water  quality  treatment  district established hereunder may
  consist of noncontiguous or contiguous benefited parcels of property and
  shall be created by a resolution of the town board, upon petition  after
  a  public  hearing. The petition may be executed and acknowledged by one
  or more of the owners of taxable real property of record situated within
  the town whose private well water is contaminated and at  the  time  the
  petition  is executed and acknowledged, notice and copy of such petition
  shall be submitted to the state department of health.  Upon  a  petition
  signed  and acknowledged the town board may, or on its own motion, after
  a public hearing, assemble data relating to the number and  location  of
  private  wells  within  the  town, the contaminants present in the water
  supply in such town's private wells, (for the purposes of this  section,
  "contaminants"   shall   mean  those  substances  found  in  amounts  or

concentrations which violate federal, state or local laws, guidelines or
  rules and regulations relating to drinking water or  which  may  pose  a
  risk  to public health), the extent of contamination of the water supply
  in  the  town's  private  wells,  and  the  availability  of appropriate
  treatment technologies for the contaminants  found  to  be  present,  or
  which  are  reasonably expected to be found, currently or in the future,
  in the water supply in the town's private wells.  Upon  presentation  of
  the  petition  or  on its own motion, the town board may direct or cause
  maps and plans to be prepared, provided however, that if  the  owner  or
  owners  of taxable real property undertake to furnish or pay the cost of
  such maps and plans at his or their cost and  expense,  the  town  board
  shall  accept  or  prepare  the  same  or  the  town  board  may adopt a
  resolution, subject to a permissive referendum, appropriating a specific
  amount to pay the cost of preparing a general map and plan for providing
  water quality treatment units or devices and related services. The  town
  board  may  determine  that  such maps and plans shall be prepared by or
  under the supervision of town officers and employees to be designated by
  the town board, or by persons to be employed for that  purpose,  or  the
  town  board  may  contract  for  the  preparation  thereof,  within  the
  limitations of the amount appropriated.  Except  as  otherwise  provided
  herein,  the expense incurred for the preparation of such maps and plans
  shall be a town charge, and shall be assessed, levied and  collected  in
  the  same  manner  as  other  town  charges.  If  the  town  board shall
  thereafter establish or extend a water quality treatment  district,  the
  expense  incurred  by the town for the preparation of the maps and plans
  therefor shall be deemed to be part of the cost of such improvement, and
  the town shall be reimbursed the amount paid therefor, or  such  portion
  of that amount which the town board, at the public hearing held pursuant
  to  section  one  hundred  ninety-four  of  this chapter, shall allocate
  against such district. Nothing in this  section  contained,  or  in  any
  other  section of this act, shall be construed to prevent the financing,
  in whole or in part, of expenditures by private sources,  grants  or  by
  other means. All such maps and plans shall be filed with the town clerk.
  Such maps and plans shall show (1) the location of all benefited parcels
  of  properties  with  water quality treatment units or devices installed
  prior to the formation of the district and/or those properties requiring
  installation of water quality treatment units or devices  and  the  mode
  and  frequency  of testing, monitoring, modifying if required, operation
  and maintenance, regenerating of such water quality treatment  units  or
  devices and the administering of the treatment and disposal of residuals
  and  any other requirements pursuant to rules and regulations adopted by
  the public health and health planning council under section two  hundred
  twenty-five  of the public health law, and (2) estimates of the costs of
  procurement, installation, monitoring, testing, modifying, if  required,
  operation  and maintenance, regenerating of such water quality treatment
  units or devices and the treatment and disposal of  residuals,  and  the
  method of financing the same. Any water quality treatment unit or device
  which  has been installed prior to the formation of the district must be
  approved pursuant to rules and regulations adopted by the public  health
  and health planning council under section two hundred twenty-five of the
  public  health  law,  prior to acceptance of such unit or device and its
  benefited property within the district.
    * NB Effective December 1, 2010
    3. Maps and plans shall be submitted to and  approved  or  denied,  in
  writing,  by  the  state  department  of  health. Copy of such notice of
  approval or denial shall be filed in the office of the clerk of the town
  in which the proposed  district  or  extension  is  located.  No  public
  hearing shall be called to establish or extend a water quality treatment

district  until  such  maps  and  plans  have been approved by the state
  department of health.
    4.  After  such  maps  and plans shall have been approved by the state
  department of health, the town board shall, by resolution designate  the
  place  where and time when a public hearing will be held to consider the
  establishment or extension of a water quality  treatment  district.  The
  town  board  shall  cause  a  notice of such hearing to be published and
  posted in the manner prescribed in  section  one  hundred  ninety-three.
  The  notice  shall  comply  with the requirements of section one hundred
  ninety-three as to content, except that no recitation of the filing of a
  petition shall be made. The notice of public  hearing  shall  recite  in
  general terms the purpose thereof and describe the location or locations
  of the proposed district or extension.