§ 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.