SubPart 128-7 - Administration and Enforcement by Local Governments

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.1 - Certification of administrative programs

Section 128-7.1 Certification of administrative 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), for certification of a program to administer specific provisions of these rules and regulations.

(b) A local government s proposed program for administration of specific provisions of these rules and regulations may include processing and review of, and determinations on, applications for approval of specific regulated activities.

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

(1) Identification of the specific substantive and procedural provisions of the rules and regulations that the local government is requesting to administer;

(2) Number, technical expertise and experience of personnel and identification of other resources that will be dedicated to administration of the 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 administer these rules and regulations;

(5) Identification of information management capability to insure efficient administration and adequate record keeping;

(6) Identification of applicable existing local laws and rules and regulations and plans for coordination of such laws and rules and regulations with the requirements of these rules and regulations; and

(7) Any other information requested by the Department.

(d)(1) The Department shall review an application for certification of an administrative program and make a preliminary determination to certify or deny certification of a program within 60 business days of receipt of such application. A determination to certify shall be based upon a finding by the Department that the resources, funding and administrative 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. Notice of the preliminary determination shall be provided in writing by the Department to the designated representative of the local government submitting the application for certification.

(2) Within 60 business days of the Department's preliminary certification of the administrative program, the Department and the local government shall commence negotiating and writing a draft memorandum of understanding setting forth the requirements and conditions of the program.

(3) A governmental agency or unit of a town, city, village or county that has a program for administration and/or enforcement that has been certified by the Department pursuant to this subpart shall be referred to as a "certified local government."

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.2 - Administrative determinations

Section 128-7.2 Administrative determinations.

(a) Each administrative program submitted by a local government under this subpart shall contain provisions governing the extent and frequency of Department review and approval of administrative determinations made by the local government, as the Department shall agree upon.

(b) Pursuant to each administrative program submitted by a local government under this subpart, the local government shall provide the Department (Attention: Chief, Sources Division) with a copy of each administrative determination made by such local government, at the same time that the determination is made available to the applicant.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.3 - Annual review of administrative programs

Section 128-7.3 Annual review of administrative programs.

(a) The administrative program of a certified local government shall be reviewed annually by the Department. Such review shall be based upon records that demonstrate the effectiveness of the program which include objective criteria such as:

(1) A review of determinations on applications for approval of regulated activities;

(2) A review of the adequacy of financial, personnel and other resources for the previous year, and evidence of future commitment of adequate financial, personnel, and other resources to continue the administrative program; and (3) A review of such other records as the certified local government may be required to keep.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.4 - Decertification or modification of administrative programs

Section 128-7.4 Decertification or modification of administrative programs.

(a) The administrative program of a certified local government shall be continued unless decertified or modified by the Commissioner. A preliminary determination to decertify or modify shall be made at any time if the Commissioner determines that the local government s administration of any element of the program is inadequate to protect the water supply.

(b) Where the Commissioner has made a preliminary determination to decertify or modify a local government's administrative program pursuant to subdivision (a) of this section, a notice of proposed decertification or modification, and the reasons therefor, shall be sent by certified mail, to the designated representative of the certified local government. The certified local government may, within ten business days of the sending of such notice, submit information addressing the reasons for decertification or modification stated in the notice. The Commissioner, after receipt and consideration of any information submitted by the certified local government, shall make a final determination to continue, modify, or decertify the program within thirty business days of sending of the notice of proposed decertification or modification. Upon decertification of an administrative program the administration of the rules and regulations set forth herein shall revert to the Department.

(c) A local government which has received a determination of decertification may reapply for certification after one year.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.5 - Certification of enforcement programs

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) 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 record keeping; 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 subdivision (d) of section 128-7.1. 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.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.6 - Annual review of enforcement programs

Section 128-7.6 Annual review of enforcement programs.

(a) The enforcement program of a certified local government shall be reviewed annually by the Department. Such review shall be based upon records that demonstrate the effectiveness of the program which include objective criteria, such as:

(1) A review of notices of violation issued by the certified local government;

(2) A review of inspection reports prepared by the certified local government;

(3) A review of the determinations made by courts or administrative tribunals on notices of violation issued by the certified local government;

(4) A review of compliance with notices of violation issued by the certified local government;

(5) A review of the adequacy of financial, personnel and other resources for the previous year, and evidence of future commitment of adequate financial, personnel and other resources to continue the enforcement program in accordance with any requirements of a memorandum of understanding; and (6) A review of such other records as the certified local government may be required to keep in accordance with a memorandum of understanding.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.7 - Decertification or modification of enforcement programs

Section 128-7.7 Decertification or modification of enforcement programs.

(a) The enforcement program of a certified local government shall be continued unless decertified or modified by the Commissioner. A preliminary determination to decertify or modify shall be made at any time if the Commissioner determines that the local government s administration of any element of the program is inadequate to protect the water supply.

(b) Where the Commissioner has made a preliminary decision to decertify or modify a local government s enforcement program pursuant to subdivision (a) of this section, a notice of proposed decertification or modification, and the reasons therefor, shall be sent by certified mail to the designated representative of the certified local government. The certified local government may, within ten business days of the sending of such notice, submit information addressing the reasons for decertification or modification stated in the notice. After receipt and consideration of any information submitted by the certified local government, the Commissioner shall make a final determination to continue, modify, or decertify the program within thirty business days of sending of the notice of proposed decertification or modification. Upon decertification of an enforcement program, the enforcement of the rules and regulations set forth herein shall be the sole responsibility of the Department.

(c) A local government which has received a determination of decertification may reapply for certification after one year.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete

Section 128-7.8 - Consent of the City

Section 128-7.8 Consent of the City.

Nothing in this subpart shall be construed to allow the designated administrative or enforcement personnel of a certified local government, or any representative or attorney of a certified local government, to appear in any court proceeding or before any administrative tribunal on behalf of the City or the Department, for the purpose of enforcing violations of these rules and regulations or defending against any claim or action arising from these rules and regulations without the written consent of the City.

Effective Date: 
Wednesday, July 8, 1998
Doc Status: 
Complete