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Title: Section 6-2.4 - Enforcement

6-2.4 Enforcement. (a) Permits and placarding.

(1) Operation of a bathing beach without a permit is a violation of this Subpart. The permit-issuing official may order any bathing beach operating without a permit to close and remain closed until the facility has obtained and displays a valid permit.

(2) The enforcement procedures delineated in sections 12, 12-a, 12-b, 16, 308, 309, 1303-1305 and 1308 of the Public Health Law may be used, as appropriate. Where a public health hazard is found, the bathing beach shall be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of bathers. When a placard is used, it shall be conspicuously posted at all entrances leading to the bathing beach. The placard shall state the authority for its placement and indicate that concealment, mutilation, alteration or removal of it by any person without permission of the permit-issuing official shall constitute a violation of this Chapter and the Public Health Law.

(3) Within 15 days of placarding of a facility, the operator of such facility shall be provided with an opportunity to be heard and present proof that continued operation of the facility does not constitute a danger to the public health. The hearing shall be conducted by the permit-issuing official or his designated hearing officer.

(4) The permit-issuing official or his designated representative shall inspect the premises, within two working days of notification that the hazard has been eliminated, to remove the placards after verifying the correction.

(b) Public health hazards. Any of the following violations are public health hazards which require the permit-issuing official or designated representative to order immediate correction or to immediately institute action as provided in the law and in this Subpart:

(1) failure to provide adequate supervision of the beach as prescribed in section 6-2.17 of this Subpart;

(2) overhead electrical wires within 20 feet horizontally of the bathing beach;

(3) failure to provide all lifesaving equipment at beach;

(4) use of unapproved or contaminated water supply sources for potable water use;

(5) failure to meet water quality standards contained in section 6-2.15 of this Subpart;

(6) the existence of sewage and waste-water discharges in the bathing area;

(7) failure to properly delineate swimming area boundaries;

(8) failure to provide signs indicating swimming is prohibited when the bathing beach is closed or unsupervised; and

(9) any other condition determined to be a public health hazard by the permit-issuing official.

(c) Other violations. Violations of other sections of this Subpart or of other Parts of this Chapter are also subject to a penalty.


VOLUME A (Title 10)