N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-3.5

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

Section 7-3.5 - Enforcement

(a) Permits and placarding.

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

(2) Where a public health hazard as defined in subdivision (b) of this section is found, the portion of the campground constituting the hazard may be placarded to prohibit use until the hazard is corrected in order to protect the public health or safety of the occupants. When a placard is used, it shall be conspicuously posted at each entrance or walkway leading to the portion of the property where the hazard exists. 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) As soon as possible, and in any event within 15 days after placarding a facility, the operator shall be provided with an opportunity to be heard and present evidence that continued operation of the facility does not constitute a danger to the health or safety of the public. The hearing shall be conducted by the permit-issuing official or designated hearing officer.

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

(b) Public health hazards.

(1) A public health hazard is any condition which could be reasonably expected to be responsible for illness, physical injury or death. 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:

(i) the condition of the electric service, wiring or electrical system components is such that an imminent fire or shock hazard exists;

(ii) the potable water system serving the campground contains contaminants in excess of the maximum contaminant levels prescribed in applicable sections of Part 5 of this Title or section 7-3.13(b) of this Subpart;

(iii) use of an unapproved water supply source;

(iv) insufficient quantity of water to meet drinking or sanitary demands;

(v) the treatment of the campground water system, when required for disinfection or removal of contaminants, is not continuous;

(vi) disinfection which is inadequate to destroy harmful microorganisms or to maintain a specified chlorine residual;

(vii) the presence of cross connections or other faults in the water distribution or plumbing systems which result, or may result, in the contamination of the potable water supply;

(viii) inadequately treated sewage discharging on the ground surface in an area accessible to campground occupants or which may result in pollution of a ground or surface water supply or bathing beach;

(ix) if food service is provided upon the campground by the operator or a food vendor, the presence of any of the public health hazards defined in section 14- 1.10(b) and (c) of this Title;

(x) where pools or beaches are provided, the presence of any of the public health hazards defined in section 6-1.4(b) or 6-2.4(b) of this Title; and

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

N.Y. Comp. Codes R. & Regs. Tit. 10 §§ 7-3.5