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Committee advances Local Law changes to Orange County Sewer Use Law to clarify enforcement
Summary
The committee approved amendments to Local Law No. 7 of 2006 to add definitions and enforcement provisions (Sections 3.10 and 3.11). County attorneys said enforcement options range from notices to cease-and-desist orders and the change from 'user' to 'person' is intended to avoid future legal argument.
The Rules Committee approved a motion on Jan. 22 to amend and restate Local Law No. 7 of 2006, updating the Orange County Sewer Use Law to add definitions for “Restricted Contract User” and “Unauthorized Out-of-District User” and to add Sections 3.10 and 3.11 that address violations.
Joseph F. Mahoney, Esq., Senior Assistant County Attorney, provided a brief history of Sewer District No. 1’s service area and reviewed the proposed changes, saying enforcement mechanisms are found in Article 12 of the Sewer Use Law and may range from a notice of violation to cease-and-desist orders. When asked whether violations had occurred in the past, Mahoney replied yes but said the amendments are intended to make compliance and enforcement clearer rather than to punish a particular instance.
Legislator Virginia Scott asked whether changing the defined term from “user” to “person” would allow the county to target specific individuals or managers; Mahoney replied that both terms are defined and that changing the wording is intended to avoid future arguments about coverage. Legislator Sparrow Tobin asked about past enforcement and Mahoney confirmed violations had occurred and explained typical enforcement steps.
The motion to amend the local law carried unanimously according to the committee record.
