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


Latest version.
  • 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.