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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