N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 128-7.5 - Certification of enforcement programs

(a) The local government of a town, city, village or county may apply to the department, care of the engineering section (see section 128-1.5 of this Part) for certification of a program to enforce specific provisions of these rules and regulations.

(b) A local government's proposed program for enforcement of specific provisions of these rules and regulations may include the following:

(1) inspection of premises for potential violations of these rules and regulations and the preparation of written reports detailing the results of each such inspection; and

(2) issuance of notices of violation of specific provisions of these rules and regulations.

(c) An application for certification of a local government's enforcement program shall include the following information:

(1) identification of the specific provisions of the rules and regulations that the local government intends to enforce;

(2) number, technical expertise and experience of personnel and identification of other resources that will be dedicated to the enforcement program;

(3) identification of funding or revenue sources for implementation of the program, including a commitment of such funding for the next fiscal year;

(4) identification of the specific department, unit or officials who will be designated to enforce the rules and regulations;

(5) identification of information management capability to insure efficient administration and adequate recordkeeping; and

(6) any other information requested by the department.

(d) The department shall review an application for certification in accordance with the procedures set forth in section 128-7.1(d) of this Subpart. A determination to certify shall be based upon a finding by the department that the resources, funding and enforcement program proposed by the applicant will provide a level of efficiency and effective protection of the water supply equal to that which would otherwise be provided by the department under these rules and regulations. Any memorandum of understanding for an enforcement program shall provide that the designated enforcement personnel of the local government shall be agents of the department for purposes of enforcement of specific provisions of these rules and regulations, and provided further, that such memorandum of understanding shall state that the department shall retain the authority to enforce these rules and regulations in addition to any enforcement by the local government.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.5