N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-5.1

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

Section 128-5.1 - Enforcement

(a) The city shall enforce the rules and regulations set forth herein, in a manner consistent with applicable Federal, State and local laws.

(b) The city may, in enforcing the rules and regulations set forth herein, exercise all of its rights and remedies under applicable Federal, State and local laws, including, but not limited to: inspecting facilities engaging in regulated activities and sources of the water supply in accordance with applicable Federal and State constitutional requirements; issuing notices of violation or of intention to sue; instituting civil or criminal actions; seeking injunctive relief and legal damages; imposing penalties in accordance with Public Health Law, section 1103; and entering into consent orders and agreements.

(c) Nothing contained in these rules and regulations shall be construed as limiting the city's ability to exercise any of its rights and remedies under any other law, statute, rule, regulation, or order, including, but not limited to, the Federal Water Pollution Control Act (a/k/a the Clean Water Act), 33 U.S.C. sections 1251 et seq.; the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. sections 9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901 et seq.; the Oil Pollution Act, 33 U.S.C. sections 2701 et seq.; Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. sections 136 et seq.; Toxic Substances Control Act, 15 U.S.C. sections 2601 et seq.; New York State Public Health Law; New York State Environmental Conservation Law; New York State Navigation Law; New York State Department of Health septic system requirements (Appendix 75-A of this Title); New York State Real Property Actions and Proceedings Law; and New York State Penal Law.

(d) Upon completion of the requirements of the State Administrative Procedure Act (SAPA) and the promulgation of these rules and regulations by the New York State Department of Health as State rules and regulations, the requirements of these rules and regulations may also be enforced by the Commissioner of the New York State Department of Health.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-5.1