6 CRR-NY 42.16NY-CRR
6 CRR-NY 42.16
6 CRR-NY 42.16
42.16 Microbiological cleansing supervision and associated fees and security requirements.
(a) Supervision.
(1) All harvesting, transporting and processing of shellfish in connection with microbiological cleansing shall be subject to such supervision as the department deems necessary to protect the public health and safety and to conform to the provisions of this Part.
(2) All persons possessing a shellfish microbiological cleansing operator's permit or a shellfish microbiological cleansing-principal harvester's permit, pursuant to the provisions of this Part, must pay a supervision fee as specified below. Municipalities or other political subdivisions are exempt from the provisions of this section.
(b) Supervision fee and security requirements.
(1) The holder of a shellfish microbiological cleansing operator's permit shall pay supervision fees as set forth in this section.
(2) The holder of a shellfish microbiological cleansing-principal harvester's permit shall pay supervision fees as set forth in subdivisions (d) through (g) of section 45.5 of this Title.
(3) A surety bond, or other negotiable security satisfactory to the department, with a value of no less than $10,000 for a shellfish microbiological cleansing operator's permit or $5,000 for a shellfish microbiological cleansing-principal harvester's permit shall be obtained and presented to the department by a permit applicant prior to the department's issuance of these respective permits. All or part of such bond or other security shall be payable to the State of New York Department of Environmental Conservation to ensure the payment of any outstanding amounts due the department by reason of a permittee's failure to comply with the supervision fee requirements of this Part.
(4) The provisions of this subdivision shall not apply to political subdivisions of the State of New York.
(c) Fee schedule.
(1) Each permittee must pay a minimum annual supervision fee of an amount which equals the current annual entry-level salary for the job title of food inspector I, plus the cost of fringe benefits and an additional program overhead charge of 15 percent of the total of salary and fringe benefits.
(2) Payments of the minimum fee must be made in quarterly segments.
(3) Payment for each quarter is due on the first working day of April, July, October and January of each year.
(4) As part of the permit application process, a written description of the scope and degree of supervision and the cost of such supervision to be required shall be signed by an appropriate department representative and the permit applicant. The initial fee shall be prorated based on the number of days remaining in the payment quarter during which the permit shall become effective or shall be for a biweekly period of two weeks, whichever is greater. An applicant's withdrawal of an approved application for a shellfish microbiological cleansing operator's permit before the permit's effective starting date shall result in the forfeiture of an amount of money equal to the current entry-level biweekly salary for the job title of food inspector I, plus the cost of fringe benefits and a program overhead charge of 15 percent of the total of salary and fringe benefits; the balance, if any, of the previously paid initial fee shall be returned to the applicant.
(d) Reimbursements due the permittee as a result of voluntary permit termination are determined based on the number of days remaining in the current payment quarter, provided the permittee has given the department a minimum of 30 days' advance written notice of the intent to terminate. Failure to so notify the department will result in the forfeiture of the payment quarter.
(e) The permittee must submit the entire quarterly payment to the department within 30 days following its due date. If the permittee fails to do this, the permit will be suspended. This suspension continues until the department has received all amounts due. However, if payment is not received within 60 days after becoming due, the permit will be revoked.
(f) If a permit is suspended or revoked, no supervision fees previously paid will be refunded and all fees for which payment is due will remain due.
(g) The fees provided for above are the minimum fees which will be assessed by the department. In the event that the reasonable costs to the department of supervision over the removal of shellfish from uncertified areas exceed the minimum fee, additional fees sufficient to reimburse the department for such additional costs will be assessed monthly. Payment of the additional fee will be due within 15 days of the receipt of notice of its assessment. The additional fees shall be assessed as follows:
(1) the cost of overtime resulting from on-site supervision; and/or
(2) the costs incurred by the department through the assignment of additional on-site supervisors. Such additional assessments will be based on the number of hours actually worked, with a provision that the minimum fee for each additionally assigned supervisor will be based on four hours per day;
(3) the cost of fringe benefits, holiday time, meals and travel expenses will be assessed and a program overhead charge based upon 15 percent of their total plus 15 percent of the total of additional salaries will be assessed.
6 CRR-NY 42.16
Current through October 15, 2021
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