N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.7

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

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 10 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.

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 128-7.7