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  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
  • Island Preservation Project, Llc, Tdr By Design, Llc v. John Sohngen P.E., Chair,, Mary Laflair-Hough Member, Michael Jensen Reviewer all solely in their capacity as members of the  SUFFOLK COUNTY DEPARTMENT OF  HEALTH SERVICES DIVISION OF  ENVIRONMENTAL QUALITY BOARD OF  REVIEW, Gregson H. Pigott MD, MPH, in his capacity as Commissioner of the  SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES, County Of SuffolkSpecial Proceedings - CPLR Article 78 document preview
						
                                

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FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Exhibit B FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Suffolk Code - Article 6 County Sanitary Page 6-1 ARTICLE 6 SINGLE-FAMILY RESIDENCES, REALTY SUBDIVISIONS, DEVELOPMENTS AND OTHER CONSTRUCTION PROJECTS §760-601 Declaration of Policy Water is the single most significant resource which Suffolk County and its residents bear the responsibility to protect and preserve. The County has long recognized the importance of managing and protecting its water resources, has, over time, developed and implemented groundwater and surface water management regulations and has instituted changes to these regulations as evolving circumstances dictate. Water resource management and protection are of utmost importance in the County, since residents rely upon Long Island's Federally-designated sole source aquifer to supply their drinking water needs. The surface water quality of Suffolk County's freshwater streams and marine waters are directly impacted by policies to protect groundwater and drinking water supplies, since groundwater provides stream base-flow and discharges to surrounding coastal waters. Therefore, Suffolk County intends to facilitate the best available wastewater management policies and technologies, to minimize and prevent the impacts of water pollution from nitrogen and other constituents (such as pharmaceuticals, personal care products, and volatile organic compounds) in sanitary wastewater to protect public health and water resources. Suffolk County's intent is also to investigate the use of wastewater management practices and technologies which permit the re-use of wastewater, such as for agricultural irrigation and fertilization, in a manner that protects public health and preserves water resources. §760-602 Statement of Intent and Purpose It is the intent and purpose of this Article to promote public health and safeguard the water resources of Suffolk County. The County's drinking water must meet strict quality standards to protect public health. Elevated levels of contaminants in the County's groundwater raise serious concern. Many of the County's rivers, estuaries and bays are impaired as the result of eutrophication. Nitrogen, which primarily emanates from Subsurface Sewage Disposal Systems, Cesspools, and fertilizer impacts drinking water supplies and causes hypoxia, harmful algal blooms, diminution of sea and shellfisheries, and degradation of the County's protective natural infrastructure. Sea level rise is projected to raise groundwater levels, thus further compromising on-site wastewater treatment infrastructure. Properly designed, sited, installed, managed, and maintained wastewater treatment infrastructure provides a cost-effective and environmentally sound means of protecting Suffolk County's water resources and improving public health protection. To promulgate FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 SuffolkCountySanitaryCode-Article6 Page 6-2 the use of Community Sewerage Systems and improve the effectiveness of Subsurface Sewage Disposal Systems, the intent and purpose of this Article is to: a) Continue the lot size and Population Density Equivalent requirements of this Article. b) Establish requirements for the retrofit and replacement of Cesspools and Subsurface Sewage Disposal Systems. c) Establish requirements for the use of I/A OWTS for pre-existing Other Construction Projects which exceed the Population Density Equivalent requirements of this Article. d) Permit the use of Transfer of Development Rights in accordance with this Article to allow growth while protecting the water resources of the County. §760-603 Definitions As used in this Article, unless the context otherwise requires: 1. Absorption Area means the area of a Leaching Structure that allows the effluent wastewater to infiltrate the surrounding soil. 2. Cesspool means any buried chamber, including, but not limited to any perforated metal tank, perforated concrete or block vault or hollow excavation, which receives direct discharges of wastewater from a building sewer for the purpose of collecting solids and discharging liquid to the surrounding soil. 3. Clustered Realty Subdivision means a realty subdivision consisting of one or more relatively undersized parcels, which is designed in such a manner so as to allow a substantial unimproved portion of the Tract to stand open and uninhabited. 4. Commercial or Industrial Center means a Realty Subdivision, Development, or Clustered Realty Subdivision to be used for non-Single-Family Residence purposes. 5. Community Sewerage System means a system utilized for the collection and disposal of Sewage or other waste of a liquid nature, including the various devices for the treatment of such wastes, serving more than one parcel, whether owned by a municipal corporation, private utility, or otherwise. 6. Community Water System means a source of water and necessary appurtenances together with a distribution system serving more than one parcel, whether owned by a municipal corporation, private utility, or otherwise. 7. Construction Project means a Residence or Conventional Single- Single-Family Family Residential Subdivision or Development to be used for Single-Family Residence purposes. FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Suffolk Code - Article 6 County Sanitary Page 6-3 8. Conventional Septic System or Conventional Onsite Wastewater Treatment System (OWTS) means an onsite sanitary system consisting of a septic tank and any associated interconnecting piping, a leaching structure(s) and any associated interconnecting piping that does not have any active or mechanical means of treatment or any supplemental filtration components. 9. Conventional Single-Family Residential Subdivision or Development means a Realty Subdivision, Development or Clustered Realty Subdivision to be used for Single-Family Residence purposes. 10. Density Load means the quantity of Sewage expected to be discharged from existing and/or proposed permanent structure(s) on a parcel, excluding Kitchen/Gray Load, expressed in gallons per day per applicable unit and utilized to evaluate the need for Sewage treatment when compared to the Population Density Equivalent for the project. 11. Density Loading Rate means the flow factor established by Department standards to determine the Density Load of an Other Construction Project parcel based on the use(s) of the parcel. 12. Department means the Suffolk County Department of Health Services. 13. Design Sewage Flow means the sum of the Hydraulic Load(s) from all uses of a building(s) on an Other Construction Project parcel and utilized to determine the size of the Sewage disposal system(s). 14. Developer means any person or group of persons, or any legally cognizable entity or entities or any combination of the foregoing, that: 1. is undertaking or participating in the establishment of a Construction Project or Other Construction Project: a. either individually, or b. pursuant to a common scheme, plan or venture, or 2. owns, acquires, possesses, controls or creates a Construction Project or Other Construction Project. 15. Development means two, three or four contiguous parcels located wholly or partially within the County of Suffolk, or any Tract of land located wholly or partially within the County of Suffolk which has, is or will be divided into two, three, or four identifiable parcels. FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Suffolk Code - Article 6 County Sanitary Page 6-4 16. Development Rights is defined in the same way as under Section 261-a (1) of the Town Law (McKinney's, 1995). 17. Failed System means any Cesspool or Individual Sewerage System that does not adequately treat and/or disperse wastewater so as to create a public or private nuisance or threat to public health or environmental quality, as evidenced by and including, but not limited to, one or more of the following conditions: 1. Continued failure to accept wastewater into the building sewer; 2. Continued discharge of wastewater to a basement, subsurface drain, stormwater collection, conveyance or treatment device, or watercourse unless expressly permitted by the Department; 3. Wastewater rising to the surface of the ground over or near any part of an OWTS or seeping from the Absorption Area at any change in grade, bank or road cut; 4. Where pumping of the Cesspool, septic tank, I/A OWTS, or Leaching Structure is required four or more times per year due to the infiltration of groundwater into the system, a collapsed Leaching Structure, or clogged Absorption Area which does not allow effluent to infiltrate the surrounding soils. This condition excludes grease trap maintenance or commercially reasonable, regular/scheduled preventative maintenance of a Cesspool, septic tank, I/A OWTS, or Leaching Structure. The Department may promulgate Standards pursuant to this Article defining commercially reasonable, regular/scheduled preventative maintenance; 5. Where groundwater seeps into a septic tank, Cesspool, pump tank/basin, distribution box/manhole, or Leaching Structure after it is pumped; 6. Any structural damage or deterioration that has caused structural damage to the Individual Sewerage System, as determined by a NYS Licensed Design Professional or a contractor/Developer holding an active Liquid Waste License pursuant to Suffolk County Code Chapter 563, Article VII (Septic Industry Businesses) through the Suffolk County Department of Labor, Licensing and Consumer Affairs. A determination of structural damage or deterioration that causes structural damage by a NYS Licensed Design Professional (registered architect or licensed professional engineer) shall supersede a Liquid Waste License holder's determination. 18. Groundwater Management Zone means any of the areas delineated in Suffolk County by the "Long Island Comprehensive Waste Treatment Management Plan (L.I. Study)," Plan," 208 as revised by the "Long Island Groundwater Management and subsequent revisions adopted by the Board identifying differences in regional hydrogeologic and groundwater quality conditions. The boundaries of the Groundwater Management Zones are set forth on a map adopted by the Board, filed in the Office of the Commissioner. FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Suffolk Code - Article 6 County Sanitary Page 6-5 19. Hydraulic Load means the sum of the Density Load and Kitchen/Gray Load for a particular use of a building on a parcel expressed in terms of gallons per day per applicable unit. 20. Individual Sewerage System means any onsite sanitary system consisting of a septic tank and/or I/A OWTS tank(s) with any associated interconnecting piping, a leaching structure(s) and any associated interconnecting piping. OWTS and I/A OWTS are classified as Individual Sewerage Systems. 21. Individual Water Supply System means a single system of piping, tanks, or other facilities together with a source of water intended to supply only a single parcel. 22. Innovative and Alternative Onsite Wastewater Treatment System(s) (I/A OWTS) means an onsite decentralized wastewater treatment system(s) that, at a minimum, is designed to reduce total nitrogen in treated effluent to 19 mg/l. An I/A OWTS can serve more than one parcel, but shall not be considered sewering, Community Sewerage Systems, or Modified Subsurface Sewage Disposal (denitrification) by the Department under this Article of the Code. 23. Kitchen/Gray Load means the volume of Sewage discharged from food preparation and service areas, or other gray water uses from Other Construction Projects (excluding uses from residential parcels such as, but not limited to, condominiums, Two Family Residences, Multi-Family Housing) expressed in terms of gallons per day per applicable unit, which has been omitted from the Density Load. 24. Leaching Structure means a perforated structure placed below grade, conforming to Department standards, from which septic tank and/or IA OWTS effluent will infiltrate the surrounding soil. 25. Major Reconstruction means to re-build or modify an existing Other Construction Project permanent structure(s) located on a parcel of land where the cost of the reconstruction is more than 50 percent of the market value of the existing permanent structure(s) as determined by a New York State certified real estate appraiser. Market value pertains only to the existing permanent structure itself, and does not pertain to the land, landscaping, or detached accessory structures on the parcel of land. Items to be excluded when calculating reconstruction costs or market value include, but are not limited to, plans, specifications, survey costs, permit fees, and outside costs such as landscaping, sidewalks, parking lots, swimming pools, fences, detached structures, irrigation systems, exterior drainage structures, and exterior utilities. Market value and reconstruction cost (cost of work) shall be calculated in accordance with Sections 4.4 and 4.5 of the United States Federal Emergency Management Agency publication Reference," "Substantial Improvement/Substantial Damage Desk FEMA P-758/May 2010. FILED: SUFFOLK COUNTY CLERK 02/22/2024 08:18 PM INDEX NO. 604663/2024 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 02/22/2024 Suffolk Code - Article 6 County Sanitary Page 6-6 26. Modified Subsurface Sewage Disposal System means an onsite Sewage Treatment System or Treatment Works which includes processes capable of meeting applicable discharge standards and where the designed Sewage treatment capacity of the system shall not exceed 15,000 gallons per day. 27. Multi-Family Housing means dwelling units designed for occupancy by more than two single-family units. 28. Non-Residential Parcel means any parcel that is not a residential parcel. 29. Other Construction Project means a project other than a Single-Family Residence, or Conventional Single-Family Residential Subdivision or Development, including, but not limited to condominiums, Two-Family Residences, Multi-Family Housing, and Commercial or Industrial Centers, whether or not there is a division of land involved. 30. OWTS Replacement means the abandonment and/or removal of an existing Individual Sewerage System or Cesspool and installation of a new Individual Sewerage System. Applications for OWTS Replacement shall not propose any change of use, new Construction Project, Other Construction Project, or change the