2010 New York Code
TWN - Town
Article 12 - (190 - 208-B) DISTRICT AND SPECIAL IMPROVEMENTS
198-A - Special districts for disposal of duck waste in Suffolk county.

§  198-a.  Special  districts  for  disposal  of duck waste in Suffolk
  county. 1. The town board of  any  town  in  Suffolk  county  is  hereby
  authorized to create a special waste disposal district, or more than one
  such  district,  in  said  town,  outside of any incorporated village or
  city, the area of which said special waste disposal  district  shall  be
  less  than  the  territorial  limits  of  said  town, for the purpose of
  constructing,  maintaining  and  operating  within  said  special  waste
  disposal  district  a treatment and disposal plant and other facilities,
  including the acquisition of necessary  land  and  rights  in  land,  to
  provide  for  the  collection,  treatment and disposition, or either, of
  duck waste. Such special waste disposal district  shall  be  created  or
  extended  in  the  manner  provided by and pursuant to the provisions of
  this article relating to the creating or extension  of  sewer  districts
  and  shall  embrace  only  duck  farms  as  hereinafter  defined in this
  section. The territory embraced  within  any  such  special  duck  waste
  disposal district may be composed of non-contiguous areas or properties.
  When  so  created,  it  shall  be  deemed  to be an improvement district
  created pursuant to the provisions of this article, and shall be subject
  to the procedural requirements therein set forth.
    2.  After  a  special  waste  disposal  district   shall   have   been
  established,  the  town  board,  as  the  governing  agency thereof, may
  provide for the collection, treatment and  disposition,  or  either,  of
  duck waste in such district, and for that purpose, may construct, equip,
  operate  and  maintain  a  collection system or a treatment and disposal
  plant, or both, and pipes  and  sewer  lines  and  connections  thereto,
  acquire  the  necessary land and rights in lands therefor, and purchase,
  operate and  maintain  all  necessary  appliances  appurtenant  thereto,
  including  such  vehicles  as  may  be  required  in connection with the
  collection,  treatment  and  disposition  thereof.  The  cost  of   such
  construction  and  equipment and the acquisition of such land and rights
  in land shall be at a cost not to exceed the maximum amount proposed  to
  be  expended  as  stated  in  the  petition. Whenever the town board may
  determine it advantageous to do so,  it  may  (a)  employ  a  sufficient
  number  of  persons  and  provide the necessary equipment to operate and
  maintain said collection system or said treatment and disposal plant, or
  both, at the expense of said district, and (b) establish  from  time  to
  time,  charges, fees or rates to be paid by users for such operation and
  maintenance and may provide for the payment of said charges in  advance.
  Such  charges,  fees or rates may be based upon the volume of duck waste
  treated, or upon any  other  equitable  basis  as  the  town  board  may
  determine. Such charges shall be a lien upon the real property for which
  or  in  connection  with which the services are rendered. The town board
  may provide by ordinance, rule or regulation for the time  within  which
  rates, charges or fees for such operation and maintenance shall be paid,
  and  may  provide  a  penalty not exceeding ten per centum of the amount
  due, when such rates, charges or fees are in arrears for thirty days, or
  longer.  The  town  clerk  shall  annually  file  with  the  town  board
  statements  showing  unpaid  rates,  charges  or fees in such districts.
  Such statements shall contain a brief description of  the  property  for
  which  or  in  connection  with which such operation and maintenance was
  provided, the names of the persons or corporations  liable  to  pay  the
  same  and  the  amount chargeable to each. The supervisor shall transmit
  such statements to the board of supervisors, which shall levy such  sums
  against  the  property liable and shall state the amount of the tax in a
  separate column in the annual tax rolls of such town under the  name  of
  "duck  waste charges".  Such tax shall be paid to the supervisor of such
  town. All the provisions of the existing laws of the state of  New  York
  covering  the  enforcement  and  collection  of  unpaid  town  taxes  or

assessments for special improvements in the several towns of the  county
  of  Suffolk, not inconsistent herewith, shall apply to the collection of
  such unpaid charges for the treatment and disposition of duck waste. All
  such  rates,  charges and fees shall be used for the payment of the cost
  of  the  management,  maintenance  and  operation  of  the  duck   waste
  collection, treatment and disposition service, or for the enlargement or
  replacement  of  the  same.   The town board may adopt from time to time
  ordinances, rules and regulations  for  the  collection,  treatment  and
  disposition of duck waste in the special waste disposal districts in the
  town  and  the  use  of  the  equipment therein, and, in addition to the
  remedies provided in section one hundred and thirty-five of this chapter
  for the enforcement thereof or for the punishment of violators, the town
  board may enforce compliance with such rules, ordinances and regulations
  by discontinuing the duck  waste  and  other  waste  matter  collection,
  treatment or disposal service.
    3.  The  expense  of  the  establishment  of  a special waste disposal
  district and  of  constructing  a  waste  disposal  system  therein,  as
  authorized by subdivision two of this section, shall be assessed, levied
  and  collected  from  the  several  lots  and parcels of land within the
  district in the same manner and at the same time as other town  charges,
  unless the petition for the establishment thereof shall provide that the
  expense  thereof  shall  be  assessed by the town board upon the several
  lots and parcels of land in said district especially  benefited  by  the
  improvement in proportion to the amount of benefit which the improvement
  shall confer upon the same, in which case such expense shall be assessed
  in such manner.
    4.  After  the improvement has been constructed and completed it shall
  be maintained by the town board and  the  expense  thereof  shall  be  a
  charge  upon the district in the manner as may be determined by the town
  board in accordance with subdivision two of this section.
    5. Whenever the town board shall determine  it  necessary  to  acquire
  additional  lands  or  rights  in  land  in  order to maintain the waste
  disposal system or to increase, improve and reconstruct  the  facilities
  thereof  and  the  appurtenances  thereto,  it is authorized to do so by
  following the procedure set forth in section two hundred  and  two-b  of
  this article.
    6.  The  town  board  may  provide  for the payment of the cost of any
  public improvement hereby authorized by making funds available  therefor
  pursuant  to the local finance law. The period of probable usefulness of
  any public improvement authorized by this act is hereby determined to be
  twenty-five years. In case the  expense  of  the  establishment  of  the
  special  waste disposal district is to be assessed, levied and collected
  from the several lots and parcels of land within  the  district  in  the
  same  manner  and at the same time as other town charges, the provisions
  of section two hundred thirty-one-a of this chapter shall be applicable.
  In case the expense of the establishment of the special  waste  disposal
  district  is to be assessed upon benefited property in proportion to the
  amount of benefit which the improvement shall confer upon the same,  the
  provisions  of  section  two  hundred  thirty-one  of this chapter shall
  apply.
    7. For purposes of this section, the term "duck waste" shall mean duck
  excrement, offal and corpses, or any other waste, material or  substance
  resulting  from  the raising and processing of ducks for commercial use,
  and the term "duck farm" shall mean any farm or property on  which  more
  than five thousand ducks per year are raised for commercial purposes.