Trending
A north county winery has been fined thousands of dollars for not submitting required health documents and has been warned that if it continues to not file the documents, a public health alert may be issued.
On Dec. 15, 2022, a hearing was held with Justin Ortel with Woodbury Winery and Vineyards of 3215 South Roberts Road, Fredonia before Betsy Steger, designated hearing officer for the Chautauqua County Board of Health.
Natalie Whiteman, senior water resource specialist with the county's Health and Human Services Department, testified that the winery is considered a public water supply because of the operations it has there, including wine tasting. As such, the business is required to test for bacteria and submit monthly operation records and quarterly microbiological monitoring reports. "The purpose is to ensure the water to drink is safe," she said at the hearing.
At the hearing Whiteman said the winery failed to submit monthly reports for April, May, June and July of 2022. In addition, the winery failed to submit the microbiological monitoring reports for the second and third quarter of 2022.
According to a document that was provided to members of the county Board of Health, "The respondent presented no testimony or evidence to dispute the allegations."
Steger recommended a $700 penalty that was to be paid within 90 days.
Whiteman said at Thursday's Board of Health meeting that Ortel has not paid the fine nor has he submitted all the required documents since the hearing. "We realize that this is a public heath hazard that exists up there," she said.
Whiteman said for 2023, Ortel has not submitted a bacteria sample and only done four monthly reports out of 10. He also hasn't done a nitrate sample, however that isn't due until the end of the year, but he didn't do one for 2022 or for several other years prior.
Health Board members thought the fines proposed by the hearing officer were too low. The Board of Health has the final say on fine amounts.
The $700 fine was based on $100 per fine. The Health Board decided to increase the fine by $100 per month, totaling a fine of $2,800.
The Board of Health also asked its attorney to explore putting the fine as a lien on the property if it isn't paid.
Interim Health Director Dr. Michael Faulk said consideration should be made about issuing a public health alert. "This is a serious problem. This is potentially threatening the public's health," he said.
Faulk said all businesses must comply with their samples to ensure public safety. "This level of defiance towards the sanitary code is not acceptable," he said.
The board passed a motion authorizing the fine of $2,800 which must be paid within 90 days. It also required that the results of a bacteria sample must be submitted within two weeks of the order. "Failure will result in further action by the public health director as appropriate" according to the motion, which was unanimously approved.
Ortel was reached by The Post-Journal/OBSERVER Monday. He said he has not yet received anything from the county Board of Health and added that he thought he was up to date for his documents but would look into it.