New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter XXX - Niagara Falls Water Board
Part 1950 - Water Regulations
Section 1950.18 - Administrative powers of the director

Universal Citation: 21 NY Comp Codes Rules and Regs ยง 1950.18

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In addition to the powers set forth elsewhere in this Part, the director may take any or all of the following actions with respect to property owners or users receiving water service from the water board whenever, in his or her sole discretion, any provision of this Part is violated or the standards of care contravened:

(1) terminate water service;

(2) require correction of violations within a set time frame;

(3) require connection, disconnection, modification and/or construction of appropriate devices or structures;

(4) require the payment of a surcharge or fee to be determined by the director based on reasonable assessment of the degree of violation and/or real costs resulting from the violation;

(5) correct the violation with water board personnel and charge the property owner or user for the real cost of such correction.

Except in the event of an emergency, reasonable advance notice of the action to be taken will be given by the director. Once notice is given, and if the property owner or user contests the action imposed, the property owner or user will have 10 business days to respond in writing to the notice of violation.

(b) If a response contesting the action is entered, then, prior to setting the matter down for a formal hearing, the property owner or user may, at the discretion of the director, be afforded the opportunity to meet with the director to resolve the matter by mutual consent. If settlement cannot be reached, then, upon written request of the property owner or user, the director shall refer the matter to the water board for a formal hearing. The water board may appoint and refer the dispute or enforcement proceeding to a hearing officer who shall conduct the hearing of the alleged violation and contest thereof. The hearing officer shall promptly conduct the hearing and provide a written report to the water board with a recommendation, based on the evidence presented, for a final determination by the water board. A written decision of the water board based upon evidence and argument presented, shall be made within 30 days following the conclusion of the hearing or receipt of the hearing officer's report. The decision of the water board shall be only subject to review pursuant to article 78 of the State CPLR. Following such decision of the water board, the water board may commence an action, in any court having jurisdiction, seeking appropriate legal and/or equitable relief, including injunctions against the violative activity, from property owners or users violating any of the provision of this Part.

(c) The director may promulgate administrative procedures, technical specifications, or guidances to implement any and all sections of this Part. These procedures, specifications and guidances shall have the same force and effect as if they were fully set forth in this Part.

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