2006-2232006-223 co P
Resolution Consenting to the Terms of an Order on Consent to Cure Petroleum Bulk
Storage Violations
At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County,
New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on October
10th, 2006.
The meeting was called to order by Joseph Ruggiero, Supervisor, and upon roll being
called, the following were present:
PRESENT: Supervisor - Joseph Ruggiero
Councilmembers - Robert L. Valdati
Vincent F. Bettina
Joseph P. Paoloni
ABSENT: Maureen McCarthy
The following Resolution was introduced by Councilman Valdati and seconded by
Councilman Bettina.
WHEREAS, members of the staff of the New York State Department of Environmental
Conservation (the "Department") conducted an inspection of the Highway Department facilities
located at 20 Old Route 9, Wappingers Falls, New York, on August 24th, 2006; and
WHEREAS, in consequence of said inspection, numerous PBS violations were
discovered; and
WHEREAS, the Department is authorized to regulate the storage and handling of
petroleum pursuant to Titles 3 and 10 of Article 17 of the Environmental Conservation Law
(ECL) ; and
WHEREAS, ECL §71-1929 provides for penalties up to $37,500.00 per day for each
violation or for violation of the rules and regulations promulgated by the Commissioner of the
Department; and
WHEREAS, at an Administrative Hearing conducted on September 12th, 2006, at the
Department's offices located at South Putt Corners Road, New Paltz, New York, a settlement
proposal was made by the Department and consented to by Highway Superintendent, Graham
Foster, and Attorney to the Town, Albert P. Roberts; and
WHEREAS, the terms and conditions of the proposed settlement required the Town to
pay a civil penalty in the amount of Two Thousand Five Hundred Dollars ($2,500.00), waive a
formal hearing, and bring the Highway Department Petroleum Bulk Storage Facility into
compliance within Thirty (30) days; and
WHEREAS, the Town Board concurs with the terms and conditions set forth in the
Order on Consent and wishes to authorize the Town Supervisor to execute the Order on Consent
by and on behalf of the Town.
NOW, THEREFORE, BE IT RESOLVED, as follows:
1. The recitations above set forth are incorporated in this Resolution as if fully set forth and
adopted herein.
2. The Town Board hereby approves the terms and conditions set forth in the Order on
Consent in the form annexed hereto.
3. The Town Board hereby authorizes Supervisor, Joseph Ruggiero, to execute the Order on
Consent by and on behalf of the Town in the form annexed hereto.
4. Highway Superintendent, Graham Foster, and Town Supervisor, Joseph Ruggiero, are
hereby authorized to take all steps necessary to comply with the directives contained in the Order
on Consent and to take all steps that are necessary to implement the corrective work required by
said Order on Consent, to execute said Order on Consent by and on behalf of the Town of
Wappinger and to deliver a copy of the signed Order on Consent to the Department, together
with a certified check or bank check for $2,500.00, representing payment of the civil penalty of
$2,500.00 as soon as practicable.
The foregoing was put to a vote which resulted as follows:
JOSEPH RUGGIERO, SUPERVISOR ,
Voting:
AYE
ROBERT L. VALDATI, COUNCILMAN
Voting:
AYE
VINCENT F. BETTINA, COUNCILMAN
Voting:
AYE
JOSEPH P. PAOLONI, COUNCILMAN
Voting:
AYE
MAUREEN McCARTHY, COUNCILWOMAN
Voting:
ABSENT
Dated: Wappingers Falls, New York
10/10/2006
1�4
The Resolution is hereby duly declared adopted.
(2, - -, / 1,p, P/, � � Z ,
J�jHN C. STERSON, TOWN CLERK