By the adoption of this chapter, the Town Board
of the Town of Bethel declares its intent to regulate the installation
of wells in the Town of Bethel in a manner consistent with the New
York State Health Department Administration Rules and Regulations,
Part 72 (Appendix A), and the Public Health Service Drinking Water
Standards of 1962 in order to promote the general health, safety and
welfare of the citizens of the Town. Therefore, recognizing the above
and the need of the community for an adequate well installation regulatory
procedure and in the exercise of its police power in these regards,
the Town Board of the Town of Bethel does hereby enact the following
chapter.
This chapter shall apply to well drilling and
installation of wells upon all lands, public or private, within this
Town.
This chapter shall be enforced by the Town Code
Enforcement Officer or assistant thereto, or such other person designated
by the Town Board, through the appropriate New York State court.
It shall be unlawful for any landowner and/or
well driller or installer to install or drill a water source or well
in violation of any provision of this chapter.
A. Any person who commits or permits any acts in violation
of any of the provisions of this chapter shall be deemed to have committed
an offense and shall be liable for the penalty provided herein. Each
day any violation shall continue or be permitted to continue to exist
shall be constituted as a separate violation.
B. For every violation of any provision of this chapter,
the person violating the same shall be subject to a fine of not more
than $250 or imprisonment not to exceed 15 days, or to both such fine
and imprisonment.
C. Any person violating this chapter shall be subject
to a civil penalty enforceable and collectable by the Town in the
amount of $250 for each such offense. Such penalty shall be collectable
by and in the name of the Town for each day that such violation shall
continue.
D. The Justice Court of the Town of Bethel shall have
original and trial jurisdiction over summonses and appearance tickets
served and informations filed charging a violation of this chapter.
Trials shall be before the Court without jury.
E. In addition to the above-provided penalties and punishment,
an action or proceeding in the name of the Town in a court of competent
jurisdiction to compel compliance with or to restrain by injunction
of the violation of this chapter may be commenced by any of the following:
(2) The Code Enforcement Officer;
(3) The Town Attorney or Assistant Town Attorney; or
(4) The Town Board, by resolution.
F. In addition, upon a conviction for any violation of
any provision of this chapter and/or a judgment rendered by a court
of competent jurisdiction compelling compliance with or granting a
restraint by injunction of the violation of this chapter, the Town
Board, through its authorized agent as set forth hereinabove, shall
be entitled to recover all costs, disbursements and professional fees
and expenses, including but not limited to legal fees and engineering
fees necessarily incurred by the Town in connection with the prosecution
of any person and/or entity for a violation of any provision of this
chapter.