 | RESOLUTION NO. 246 of 2018 DATED: November 27, 2018 |
RESOLUTION ADOPTING INTRODUCTORY LAW F (LOCAL LAW 6 OF 2018) A LOCAL LAW AMENDING LOCAL LAW 3 OF 1997 AS AMENDED BY LOCAL LAW 1 OF 2010
| Seconded by: | Wilson |
WHEREAS, Montgomery County desires to update Local Law___ of 1996; and
WHEREAS, a copy of this local law in final form has been on the desks of the Montgomery County Legislature for ten days, excluding Sundays.
NOW THEREFORE BE IT RESOLVED, that Introductory Local Law F (Local Law 6) of 2018 hereby is adopted and incorporated as follows:
INTRODUCTORY LOCAL LAW F (LOCAL LAW 6 OF 2018) - A LOCAL LAW A LOCAL LAW AMENDING LOCAL LAW 3 OF 1997 AS AMENDED BY LOCAL LAW 1 OF 2010
BE IT ENACTED by the Legislature of the County of Montgomery as follows:
Local Law 3 of 1997 as amended by Local Law 1 of 2010 is hereby amended to read as follows:
Section 903 - Concentration Based Limitations
TABLE 903.1
|
SUBSTANCE |
EFFLUENT CONCENTRATION LIMIT - mg/1 | |
| ALLOWABLE AVERAGE DAILY (2) |
ALLOWABLE MAXIMUM INSTANTANEOUS (3) |
|
| Aluminum | ||
| Antimonv | ||
| Arsenic | 0.4 | |
| Barium | 8.0 | |
| Beryllium | ||
| Bismuth | ||
| Bromine | ||
| Cadmium (total) | 0.69 | |
| Chlorides | ||
| Chlorine | 50.0 | |
| Chromium (tot) | 2.77 | |
| Cobalt | ||
| Cooper | 3.38 | |
| Cyanide (free) | 0.8 | |
| Cyanide (total) | 1.20 | |
| Fluorides | 4.0 | |
| Gold | 0.4 | |
| Iodine | ||
| Iron | 5.0 | |
| Lead | 0.69 | |
| Manganese | 8.0 | |
| Mercury | 0.4 | |
| Molybdenum | ||
| Nickel | 3.98 | |
| Phenols, total | 8.0 | |
| Selenium | 0.4 | |
| Silver | 0.43 | |
| Sulfates | ||
| Sulfides | 6.0 | |
| Tin | ||
| Titanium | ||
| Vanadium | ||
| Zinc | 2.61 | |
Section 1101 - Enforcement Response Plan
The Superintendent may prepare an Enforcement Response Plan. If prepared, the Enforcement Response Plan, in a step-by-step fashion, shall outline the procedures to be followed to identify, document, and respond to violations by Users, including Applicable Municipalities, of the POTW. All violations shall be met with some type of enforcement response. The response shall be comprehensive and effective.
ADMINISTRATIVE REMEDIES
Section 1102 - Notification of Violation
Whenever the Superintendent finds that any User, including Applicable Municipalities, have violated or are violating this Law, or any Wastewater Discharge Permit, order, prohibition, limitation, or requirement permitted by this Law, the Superintendent may serve upon such person a written notice stating the nature of the violation. Within ten (10) calendar days of the date the Superintendent mails the notice certified and return receipt requested, an explanation of the violation and a plan for the satisfactory correction and prevention thereof shall be submitted to the Superintendent, by the User or Applicable Municipality. The correction and prevention plan shall include specific actions. Submission of this plan in no way relieves the User of liability for any violations caused by the User before or after receipt of the Notice of Violation.
Section 1103 - Consent Orders
The Superintendent is hereby empowered to enter into Consent Orders, assurances of voluntary compliance, or other similar documents establishing an agreement with the User, including Applicable Municipalities, responsible for the noncompliance. Such orders shall include specific action to be taken by the User or Applicable Municipality to correct the noncompliance within a time period also specified by the order. Consent Orders shall have the same force and effect as an administrative order.
Section 1104 - Administrative or Compliance Orders
When the Superintendent finds that a User, including Applicable Municipalities have violated or continue to violate this Law or a permit or administrative order or consent order issued there under, or consent order entered into pursuant to Section 1103, he may issue an administrative order to the User, including Applicable Municipalities, responsible for the discharge directing that, following a specified time period, sewer service shall be discontinued, severed and abated unless the violation is corrected and that there is no reoccurrence of the violation. Administrative orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including the installation of pretreatment technology, additional self-monitoring, and management practices.
The User or Applicable Municipality may, within fifteen (15) calendar days of delivery of such order by certified mail, return receipt requested, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by certified mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may, as part of the show cause notice, request the User to supply additional information.
Section 1105 - Administrative Fines
Notwithstanding any other section of this Law, any User, including Applicable Municipalities, who are found to have violated any provision of this Law, or a wastewater discharge permit or administrative order or consent order issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. These fines are in addition to the surcharges set forth in this law. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation.
The User or Applicable Municipality may, within fifteen (15) calendar days of notification by certified mail, return receipt requested, of the Superintendent's notice of such fine, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the fine, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1106 - Cease and Desist Orders
When the Superintendent finds that a User, including Applicable Municipalities, have violated or continue to violate this Law or any permit or administrative order or consent order issued hereunder, the Superintendent may issue an administrative order to cease and desist all such violations and direct those persons in noncompliance to;
(1) Comply forthwith
(2) Take such appropriate remedial or preventive action as may be needed to properly address a continuing or threatened violation, including halting operations or terminating the discharge.
The User or Applicable Municipality may, within fifteen (15) calendar days of the date the Superintendent forwards notification of such order by certified mail, return receipt requested, petition the Superintendent to modify or suspend the order. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
(1) Reject any frivolous petitions,
(2) Modify or suspend the order, or
(3) Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1107 - Termination of Permit
Any User, including Applicable Municipalities, who violate the following conditions of this Law or a wastewater discharge permit or administrative order or consent order, or any applicable or State and Federal law, is subject to permit termination:
(1) Violation of permit conditions or conditions of an administrative order or a consent order,
(2) Failure to accurately report the wastewater constituents and characteristics of its discharge,
- Failure to report significant changes in operations or wastewater constituents and characteristics,
- Refusal of reasonable access to the premises for the purpose of inspection, monitoring, or sampling, or
- Failure to pay administrative fines, fees or user charges.
Non-compliant industrial Users will be notified, by certified mail, of the proposed termination of their wastewater permit.
The User or Applicable Municipality may, within fifteen (15) calendar days of the date the Superintendent forwards such notification by certified mail, return receipt requested, petition the Superintendent to permit continued use of the POTW by the user. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
- Reject any frivolous petitions,
- Modify or suspend the permit termination notice, or
- Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User or Applicable Municipality to supply additional information.
Section 1108 - Sewerage Service Termination/Building Lateral to Street Lateral Connection Severance
Whenever a User or Applicable Municipality has violated or continues to violate the provisions of this Law or any order or permit issued hereunder, the Superintendent may terminate sewerage service to the User or Applicable Municipality and sever the Building Lateral to Street Lateral connection at the User or Applicable Municipality’s expense. Sewerage service will only recommence, at the User or Applicable Municipality’s expense, after the User or Applicable Municipality has satisfactorily demonstrated to the Superintendent its ability to remedy the violation. Prior notification of the termination and severance actions to be taken shall be provided in writing either by personal delivery, posting upon the subject premises, or certified mail, return receipt requested, a reasonable time in advance, excepting emergencies. Post notification of the termination and severance actions taken shall be provided by writing either by personal delivery, posting upon the subject premises, or certified mail, return receipt requested, within a reasonable time.
The User or Applicable Municipality may, within fifteen (15) calendar days of termination and severance, petition the Superintendent to request restoration of sewerage service and reconnection of the Building Lateral to the Sewer Lateral. Such petition shall be in written form and shall be transmitted to the Superintendent by registered mail. The Superintendent shall then:
- Reject any frivolous petitions,
- Restore Sewerage Service and Reconnect the Building Lateral to the Sewer Lateral, or
- Order the petitioner to show cause in accordance with Section 1109 and may as part of the show cause notice request the User to supply additional information.
Section 1109 - Show Cause Hearing
The Superintendent may order any User or Applicable Municipality appealing administrative remedies for violations of this Law to show cause, before the MCSD No. 1 Board, why an enforcement action, initiated by the Superintendent, should not be taken. A notice shall be served on the User or Applicable Municipality specifying the time and place of a hearing to be held by the MCSD No. 1 Board regarding the violation, the reasons why the action is to be taken, the proposed enforcement action, and directing the User or Applicable Municipality to show cause before the MCSD No. 1 Board why the proposed enforcement action should not be taken. The notice of the hearing shall be served at least ten (10) calendar days before the hearing in accordance with Section 1111 of this Article. Service shall be made on any principal or executive officer of a User's establishment or to any partner in a User's establishment or an Applicable Municipality. The notice of the hearing shall be served at least ten (10) calendar days before the hearing, in accordance with Section 1111. The representative of the Applicable Municipality that is on the MCSD No. 1 Board must recuse themselves from all proceedings regarding their municipality’s violation of this Law.
The MCSD No. 1 Board may itself conduct the hearing, or may designate any of its members or any officer or employee of the MCSD No. 1 to conduct the hearing.
The MCSD No. 1 Board or its designee shall:
- Issue, in the name of the MCSD No. 1 Board, notices of hearings requesting the attendance and testimony of witnesses, and the production of evidence relevant to any matter involved in such hearings,
- Take the evidence,
- Take sworn testimony,
- Compile a report of the evidence and hearing, including transcripts and other evidence, and make recommendations for action thereon.
The MCSD No. 1 Board shall review the evidence and testimony, afterwhich it may order the user to comply with the Superintendent's action, order or fine, modify the Superintendent's action, order or fine, or vacate the Superintendent's action, order or fine.
Section 1110 - Failure of User to Petition the superintendent
In the event the Superintendent issues any administrative order, terminates the User or Applicable Municipality’s permit, or makes any fine as set forth in this article, and the User or Applicable Municipality fails, within the designated fifteen (15) day time period, to petition the Superintendent, as provided in appropriate sections of this article, the User or Applicable Municipality shall be deemed in default and its rights to contest the administrative order or fine shall be deemed waived.
Section 1111 - Notice
Excepting as may otherwise be provided, the notices, orders, petitions, or other notification which the User, Applicable Municipality or Superintendent shall desire or be required to give pursuant to any sections of this Law shall be in writing and shall be served personally or by posting upon the subject premises or sent by certified mail, return receipt requested, postage prepaid, and the notice, order, petition, or other communication shall be deemed given upon its mailing as provided herein. Any notice, administrative order, or communication mailed to the User pursuant to the sections of this Law shall be mailed to the User’s mailing address. Any notice, petition, or other communication mailed to the Superintendent shall be addressed and mailed to the MCSD No. 1. Any notice, administrative order, or communication mailed to the Applicable Municipality pursuant to the sections of this Law shall be mailed to the Applicable Municipality’s mailing address.
JUDICIAL REMEDIES
Section 1113 - Civil Actions For Penalties
Any person who violates any of the provisions of or who fails to perform any duty imposed by this Law, or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder, shall be liable to the MCSD No.1 for a civil penalty not to exceed one thousand dollars ($1000) for each such violation, to be assessed after a hearing (unless the User or Applicable Municipality waives the right to a hearing) held in conformance with the procedures set forth in this Article. Each violation shall be separate and distinct violation, and in the case of continuing violation, each day's continuance thereof shall be deemed a separate and distinct violation. Such penalty may be recovered in an action brought by the MCSD No. 1 attorney, or his designated attorney, at the request of the Superintendent in the name of the MCSD No. 1, in any court of competent jurisdiction. In addition to the above described penalty, the Superintendent may recover all damages incurred by the MCSD No. 1 from any persons or Users or Applicable Municipalities who violate any provisions of this Law, or who fail to perform any duties imposed by this Law or any administrative order or determination of the Superintendent promulgated under this Law, or the terms of any permit issued hereunder. In addition to the above described damages, the Superintendent may recover all reasonable attorney's fees incurred by the MCSD No. 1 in enforcing the provisions of this Article, including reasonable attorney's fees incurred in any action to recover penalties and damages, and the Superintendent may also recover court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
In determining the amount of civil penalty, the court shall take into account all relative circumstances, including, but not limited to the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the User or Applicable Municipality’s violation, corrective actions by the User or Applicable Municipality, the compliance history of the User, and any other relative factors as justice may require.
Such civil penalty may be released or compromised by the Superintendent before the matter has been referred to the MCSD No. 1 attorney, and where such matter has been referred to the MCSD No. 1 attorney, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the MCSD No. 1 attorney, with the consent of the Superintendent.
In addition to the power to assess penalties as set forth in this Article, the Superintendent shall have the power, following the hearing held in conformance with the procedures set forth in this Article, to seek an order:
(1) Suspending, revoking, or modifying the violator's Wastewater Discharge Permit, or
(2) Enjoining the violator from continuing the violation.
Any such court order shall be sought in an action brought by the MCSD No. 1 attorney, at the request of the Superintendent, in the name of the MCSD No. 1, in any court of competent jurisdiction.
The MCSD No. 1 attorney, at the request of the Superintendent shall petition the Court to impose, assess, and recover such sums imposed according to this Article. In determining amount of liability, the Court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the User or Applicable Municipality’s violation, corrective actions by the User or Applicable Municipality, the compliance history of the User or Applicable Municipality, and any other factor as justice requires.
Section 1114 - Court Orders
Section 1116 - Additional Injunctive Relief
Whenever a User or Applicable Municipality has violated or continues to violate the provisions of this Law or permit or order issued hereunder, the Superintendent, through counsel may petition a court of competent jurisdiction, in the name of the MCSD No. 1, for the issuance of a preliminary or permanent injunction or both (as may be appropriate) which restrains the violation of, or compels the compliance with any order or determination thereunder by the Superintendent.
Section 1117 - Summary Abatement
Notwithstanding any inconsistent provisions of this Law, whenever the Superintendent finds, after investigation, that any User or Applicable Municipality is causing, engaging in, or maintaining a condition or activity which, in the judgement of the Superintendent, presents an imminent danger to the public health, safety, or welfare, or to the environment, or islikely to result in severe damage to the POTW or the environment, and it therefore appears to be prejudicial to the public interest to allow the condition or activity to go unabated until notice and an opportunity for a hearing can be provided, the Superintendent may, without prior hearing, order such User or Applicable Municipality by notice, in writing wherever practicable or in such other form as practices are intended to be proscribed, to discontinue, abate, or alleviate such condition or activity, and thereupon such person shall immediately discontinue, abate, or alleviate such condition or activity; or where the giving of notice is impracticable, or in the event of a User or Applicable Municipality’s failure to comply voluntarily with an emergency order, the Superintendent may take all appropriate action to abate the violating condition. As promptly as possible thereafter, not to exceed fifteen (15) calendar days, the Superintendent shall provide the User an opportunity to be heard, in accordance with the provisions of this Article.
The Superintendent, acting upon the belief that an emergency exists, shall be indemnified against any personal liability that may arise in the performance of his duties to protect the public health, safety, or welfare, or to preserve the POTW or the environment.
Section 1118 - Delinquent Payments
If there shall be any non-contract User payments, charges or levies which are due to the MCSD No. 1, or any Department thereof, pursuant to any Article or Section of this Law, which shall remain unpaid, in whole or in part, for a period of sixty (60) calendar days from the date of a regular or special billing by the MCSD No. 1, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to ten percent (10%) of the original bill, and interest shall accrue on the unpaid balance at the rate of one percent (1%) per month retroactive to the date of the original billing.
If there shall be any contract User payments, charges or levies which are due to the MCSD No. 1, or any Department thereof, pursuant to any Article or Section of this Law or any contractual provision, which shall remain unpaid, in whole or part, for the default period specified in such contract or, if no provision, for a period of sixty (60) calendar days from the date of a regular or special billing by the MCSD No. 1, the same shall constitute a default, and there shall
be added to that part of the entire amount of the original bill which constitutes payments, charges or levies pursuant to any Article or Section of this Law a penalty of ten percent (10%), and interest shall accrue on the unpaid balance of such payments, charges or levies at the rate of one percent (1%) per month retroactive to the date of the original billing, and for that part of the entire amount of the original bill which constitutes payments, charges or levies pursuant to any contractual provision there shall be added such penalty and interest as may be specified in the contract.
In the event that there are any payments, charges or levies, with applicable penalty and interest, which shall have been delinquent as of November 1 of any year, the Superintendent shall report the names of the contract and non-contract User defaulting persons to the County Treasurer to collect the same in the same manner as real property taxes due and owing to the County.
Where payments, charges or levies are delinquent and the violator is not a resident of the MCSD No. 1, or is located outside the geographical boundaries of the MCSD No. 1, then the MCSD No. 1 attorney is authorized to seek recovery of such monies, including punitive damages, in a court of competent jurisdiction or m
ake arrangements with the appropriate county where the User is located to add the amount of the payments, charges or levies which shall be in default, with applicable penalty and interest, as provided for in the law, to the real property taxes due to such county in the next ensuring year.
If there shall be any Applicable Municipality, charges or levies which are due to the MCSD No. 1, or any Department thereof, pursuant to any Article or Section of this Law, which shall remain unpaid, in whole or in part, for a period of sixty (60) calendar days from the date of a regular or special billing by the MCSD No. 1, the same shall constitute a default, and there shall be added to the entire amount of the original bill a penalty equal to ten percent (10%) of the original bill, and interest shall accrue on the unpaid balance at the rate of one percent (1%) per month retroactive to the date of the original billing.
Section 1119- Performance Bonds
The Superintendent may decline to reissue a permit to any User or Applicable Municipality which has failed to comply with the provisions of this Law or any order or previous permit issued hereunder unless such User or Applicable Municipality first files with it a satisfactory bond, payable to the MCSD No. 1, in a sum not to exceed a value determined by the Superintendent to be necessary to achieve consistent compliance.
Section 1120 - Liability Insurance
The Superintendent may decline to reissue a permit to any User or Applicable Municipality which has failed to comply with the provisions of this Law or any order or previous permit issued hereunder, unless the User or Applicable Municipality first submits proof that it has obtained financial assurances sufficient to restore or repair POTW damage caused by its discharge.
Section 1203 - Computation of Surcharge for Abnormal Sewage
The surcharge for Abnormal Sewage , (which shall be called the “User Surcharge for Abnormal Sewage” ) , is comprised of three parts , as follows :
USAS(t) = USAS (af) + USAS (al)
Where :
USAS (t) = Total User surcharge for Abnormal Sewage
POTW operation and maintenance
USAS (af) = User Surcharge associated with abnormal flow , including any or
all combinations of USAS (afh)+USAS (afd) +USAS (afm)
USAS (al) = User surcharge associated with abnormal BOD 5 and Suspended
Suspended solids loadings
USAS (afh) =OM x (OQ/100) x (QIC/QA) x (MEF 1,2,or3)
USAS (afd )=OM x (OQ/100) x (QIB/QA) x (MEF 1,2,or3)
USAS (afm)=OM x (OQ/100) x (QIA/QA) x (MEF1,2,or3 )
USAS (al) = OM x (OB/100 x BIA/BA) + (OS/100 x SIA/SA)
Where :
OM = total annual POTW expended operation and maintenance costs from previous year
OQ = percentage of OM attributable to flow (Q) (40%)
OB = percentage of OM attributable to BOD 5 loadings (30%)
OS = percentage of OM attributable to suspended solids loadings (30%)
QIA = total monthly flow ( mg ) exceeding allowable limit from discharger
QIB = total daily flow (mg) exceeding allowable limit from discharger
QIC = total hourly flow (mg) exceeding allowable limit from discharger
BIA = total daily BOD 5 loading (lb) from discharger
SIA = total daily Suspended Solids loading (lb) from discharger
QA = dry weather flow total in mg/yr including 10 % allowed I & I = 174.11 mg at the POTW treatment plant
BA = total daily BOD 5 loading (lb) at the POTW treatment plant
SA = total daily Suspended Solids (lb) at the POTW treatment plant
(afh) = abnormal flow (mg), hourly
(afd) = abnormal flow (mg), daily
(afm) = abnormal flow (mg), monthly
MEF 1 = Nelliston .83 (municipal equivalant factor)
MEF 2 = Palatine .75 (municipal equivalant factor)
MEF 3 = Fort Plain .42 (municipal equivalant factor)
Where :
The Superintendent shall have the authority to assess a minimum $ 300 surcharge for any hourly flow exceeding the allowable limit which causes a violation or adversely affects the POTW treatment plant for each offense. Surcharge billings will be assessed and distributed at the end of each month.
Note: all averages are arithmetic averages determined from available data during the billing period by the Superintendent.
Section 1205 - Measurement of Flow
The volume of flow to be used in computing non-contractual non-permit user normal sewer service charge shall be based on estimated household average usage. In the event that a person discharging wastes into the POTW procures all or part of his water supply from un-metered sources of water supply, the Superintendent will direct the installation of an appropriate flow measuring device on the other sources of water supply, at User’s expense to measure and record the actual amount of flow into the POTW. Any water meters and/or flow measuring devices installed pursuant to this section shall be of a type and design acceptable to the Superintendent and shall be installed, maintained, and periodically tested as required by the Superintendent, at the User’s expense. All such meters and/or flow measuring devices shall be subject to periodic inspection, testing, and reading by the Superintendent. Any person discharging wastes into the POTW may install a flow measuring device at his option, of the type, design, installation, and maintenance standards of the Superintendent, at the User’s expense.
The volume of flow to be used in computing abnormal sewage for Applicable Municipalities shall be based upon measuring (totalizing) devices installed at pump stations which transmit flow data to the POTW. In the event of failure of a pump station flow meter an estimate or deduction of the rest of the pump station flow meters from main plant meter will be used to determine flow.
Allowable Flows from Applicable Municipalities
| NELLISTON | PALATINE | FORT PLAIN | |
| ALLOWABLE | 0.1699 (17%) | 0.2499 (25%) | 0.5799 - (58%) |
| MAXIMUM | (118 gpm) | (174 gpm) | (403 gpm) |
| MONTH | x days in month | x days in month | x days in month |
| ALLOWABLE | 0.3910 (17%) | 0.5750 (25%) | 1.334 (58%) |
| MAXIMUM | (272 gpm) | (399 gpm) | (926 gpm) |
| DAILY | |||
| ALLOWABLE | 0.0163 (17%) | 0.0240 (25%) | .0556 (58%) |
| MAXIMUM | (272 gpm) | (399 gpm) | (926 gpm) |
| HOURLY | |||
| * VILLAGES SHALL ENFORCE THE REMOVAL OF ANY EXCESSIVE FLOWS THAT THEY MAY RECEIVE FROM THE TOWNSHIPS. |
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Section 1213 - Use of Revenues
Revenue derived from User or Applicable Municipality charges, surcharges, associated penalties, and impact fees, shall be credited to a special fund. Monies in this fund shall be used exclusively for the following functions:
- For the payment of the operation and maintenance, including repair and replacement costs of the MCSD No. 1 POTW,
- For the discovery and correction of inflow and infiltration,
- For the payment of interest on and the amortization of or payment of indebtedness which has been or shall be incurred for the construction or extension of the POTW, and
- For the extension, enlargement, replacement of, and/or additions to the POTW, including any necessary appurtenances.
The rest of Local Law 3of 1997 as amended by Local Law 1 of 2010 of shall remain unchanged and in full force and effect.
SAVING CLAUSE: If any clause, sentence, paragraph, section or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, such judgment decree or order shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment, decree or order shall have been rendered and the remainder of this Local Law shall not be affected thereby and shall remain in full force and effect, and
EFFECTIVE DATE: This Local Law shall take effect when all applicable statutory requirements for its passage and adoption have been fully complied with and it has been filed in the Office of the Secretary of State.
RESOLUTION VOTE, passed with Aye(8). Legislator Duchessi was absent. (11/27/2018)
Statement of Legislative and Financial Impact:
I. Nature of Request:
RESOLUTION ADOPTING INTRODUCTORY LAW F (LOCAL LAW 6 OF 2018) A LOCAL LAW AMENDING LOCAL LAW 3 OF 1997 AS AMENDED BY LOCAL LAW 1 OF 2010
II. Justification:
The Sanitary District is required to update their law pursuant to DEC.
III. Legislative Impact:
Pursuant to Article 2 of the Charter the Montgomery County Legislature has the authority to pass legislation.
IV. Financial Impact:
None on the County budget.
| cc: | County Clerk County Treasurer |
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