Review Draft of Septic System Rebate Law

Rebates that could cover the full cost of new, nonpolluting septic systems for property owners in areas considered environmentally sensitive are outlined in draft legislation now before the East Hampton Town Board.

The legislation would require the installation of low-nitrogen-emission septics for new construction and whenever an older system is replaced, as well as when a substantial expansion of residences or buildings is undertaken. In certain instances, advanced technology systems also would be required for nonresidential properties subject to site plan review by the planning board.

Almost one-third of the developed lots in town are in a water protection district. According to studies done during the preparation of the town’s wastewater management plan, of approximately 19,400 developed parcels, more than 12,500 have antiquated cesspools, and 6,700 use leach-field systems to treat wastewater. Neither removes nitrogen.

Funding for the program would come from the community preservation fund, following the approval in November of a measure authorizing up to 20 percent of the revenue from the 2-percent real estate transfer tax to be used for water quality initiatives. 

According to the draft legislation, the owners of properties within water protection districts — land around harbors as well as high-density neighborhoods in Springs, downtown Montauk, and other areas considered high priority — could receive 100 percent of the cost of replacing a sanitary system with a low-nitrogen version, up to a maximum of $15,000. 

All owners of nonresidential property would be eligible for rebates. Otherwise, rebates would be based on income, with residential property owners eligible whose income qualifies them for a tax rebate under the state STAR program.

Those whose properties are not in a high-priority area could get rebates totaling 75 percent of a septic system replacement cost, capped at $10,000, or, if they meet the income standards to qualify for affordable housing, could have the entire cost, up to $15,000, covered.

The standard for a low-nitrogen sanitary system is now described as one that reduces nitrogen levels to 19 milligrams or less per liter in liquids released into the environment. In addition, the system must be a type approved by the Suffolk County Health Department. After trials over the last several years, the Health Department has approved several such systems, with cost estimates at approximately $16,000, although the cost is expected to drop. The Health Department also is expected to issue approvals for more effective systems that reduce nitrogen to 10 milligrams or less per liter, a standard that would be required in East Hampton once the legislation mandating low-nitrogen systems is in place.

Based on past community preservation fund revenue, the town expects $4.6 million to be available each year for water quality improvement projects. A public hearing will be held on the legislation before a town board vote to make it law.