New York § 196 - 196Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts

§ 196. 196Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts

§ 196. Modification of plans for sewer, wastewater disposal, drainage, water or water quality treatment districts. 1. When the town board shall have established a sewer, wastewater disposal, drainage, water or water quality treatment district and adopted a plan of sewerage, wastewater disposal, drainage, water or water quality treatment system for such district, such plan shall not be modified by the board, nor by any officer of the town, except after public notice given by publication in the official paper of intention to modify the same, which notice shall specify the particulars in which it is proposed to modify it, and a time and place when the board will consider any objections which may be made thereto, which time shall not be less than ten nor more than twenty days after the first publication of said notice. When any change shall be made in the plan proposed and once adopted, a revised or additional map and profile shall be made showing the change, and all such maps and profiles shall be carefully preserved in the office of the town clerk and open to inspection by all persons interested. 2. In the case of water quality treatment districts, amendments or modifications of plans must have the written approval of the department of health prior to adoption. At the request of an owner of a parcel of property within the town, if the private well water on such property is contaminated, a water quality treatment district plan may be amended, from time to time, to include said parcel of property. If an owner of a parcel of property within the town requests exclusion from the district, such request shall be granted without the state department of health approval. The removal of a parcel of property from a district shall in no way affect the owner's liability for charges which have accrued against the owner's property, prior to said exclusion, for the procurement, installation, modification, replacement and removal of a water quality treatment unit or device or for expenses of operation and maintenance including monitoring, testing, regenerating and treating. Should a public or private water system, supplier or authority commence supplying water to any parcel of property within a water quality treatment district, such parcel of property shall no longer be considered part of the water quality treatment district, and all services to such parcels shall be terminated. Termination of services shall include, the removal of all water quality treatment units or devices and a charge for the cost of doing so to the benefited property, except when such unit or device was acquired and owned by the property owner or when the district determines that such unit or device is obsolete and no longer useful for any district purpose.