N.Y. Environmental Conservation Law § 17-0303: General powers and duties applicable to portions of this article

§ 17-0303. General powers and duties applicable to portions of this

article.

1. The provisions of this section shall apply only to titles 1 to 11,

inclusive, and title 19 of this article.

2. The department shall have administrative jurisdiction to abate and

prevent the pollution of waters of the state in the manner herein

provided in accordance with the classification of waters adopted by the

department pursuant to section 17-0301 and in accordance with standards,

criteria, limitations, rules and regulations and permit conditions

adopted, promulgated or applied by the department pursuant to title 8

hereof.

3. The department, acting through the commissioner may, from time to

time, adopt, amend, or cancel administrative rules and regulations

governing the procedure to be followed with respect to hearing, filing

of reports, the issuance of permits, and all other matters relating to

procedure, and generally, may make such administrative rules and

regulations, and do and perform any and all acts, not inconsistent with

the provisions of this article listed in subdivision 1 of this section,

as may be necessary or proper to carry into effect such provisions of

this article listed in subdivision 1 of this section, and may make,

amend and repeal rules and regulations for the storage of liquids likely

to pollute the waters of the state including, but not limited to,

standards for the construction, installation, maintenance, protection

and diking of tanks used to store any such liquids and their associated

structures, piping, valves, fittings, fixtures and outlets, in

conjunction with the promulgation of which, the commissioner shall

consider codes and practices of industries concerned with the handling

and storage of such liquids and the time required for persons engaged in

such industries to conform with such rules and regulations. Such rules

and regulations, before becoming effective, shall be filed with the

secretary of state for publication in the "Official Compilation of

Codes, Rules and Regulations of the State of New York" published

pursuant to section 120 of the Executive Law.

4. The commissioner is hereby authorized to:

a. Hold public hearings, receive pertinent and relevant proof from any

party in interest who appears at such hearing, compel the attendance of

witnesses, make findings of fact and determinations, and asssess such

penalties therefor as are hereinafter prescribed, all with respect to

the violations of the provisions of this article listed in subdivision 1

of this section, or the orders issued by the commissioner;

b. Make, modify or cancel orders requiring the discontinuance of the

discharge of sewage, industrial waste or other wastes into any waters of

the state in accordance with the provisions of this article listed in

subdivision 1 of this section, and specifying the conditions and time

within which such discontinuance must be accomplished.

c. Institute or cause to be instituted in a court of competent

jurisdiction proceedings to compel compliance with the provisions of

this article listed in subdivision 1 of this section or the

determinations and orders of the commissioner;

d. Issue or deny permits, under such conditions as may be prescribed

for the prevention and abatement of pollution, for the discharge of

sewage, industrial waste or other wastes, or for the installation or

operation of disposal systems or parts thereof;

e. Continue any permit heretofore or hereafter issued under the

provisions of this article listed in subdivision 1 of this section, or

under the authority of laws previously enacted and thereafter repealed,

whenever, after hearing thereon, the commissioner determines that such

continuation is necessary or desirable to prevent or abate pollution of

any waters of the state;

f. Revoke or modify any construction, operating or discharge permit

heretofore or hereafter issued under the provisions of this article

listed in subdivision 1 of this section, or under the authority of laws

previously enacted and thereafter repealed, whenever, after hearing

thereon, the commissioner determines that such revocation or

modification is necessary or desirable to prevent or abate pollution of

any waters of the state provided, however, that the hearing required

under this paragraph may be waived in writing by the applicant or

permitees;

g. Conduct such investigations as may be deemed advisable and

necessary to carry out the intents and purposes of the provisions of

this article listed in subdivision 1 of this section;

h. Settle or compromise, with the approval of the attorney general,

any action or cause of action for the recovery of a penalty under the

provisions of this article listed in subdivision 1 of this section as he

may deem advantageous to the state;

i. Perform such other and further acts as may be necessary, proper or

desirable, to carry out effectively the duties and responsibilities

prescribed in the provisions of this article listed in subdivision 1 of

this section.

5. It shall be the duty and responsibility of the department to:

a. Encourage voluntary cooperation by all persons in preventing and

abating pollution of the waters of the state;

b. Encourage the formulation and execution of plans by cooperative

groups or associations of municipalities, industries, and other users of

the waters who, severally or jointly, are or may be the source of

pollution in the same waters, for the prevention and abatement of

pollution;

c. Cooperate with the appropriate agencies of the United States or

other states, or any interstate agencies in respect to pollution control

matters, or for the formulation for submission to the legislature of

interstate pollution control compacts or agreements;

d. Conduct or cause to be conducted studies and research, and provide

services by itself or in cooperation with federal, interstate, state or

municipal agencies, with respect to pollution abatement or control

problems, disposal systems, and treatment of sewage, industrial waste

and other wastes, which shall include but not be limited to (1) advances

in effectiveness and economies in waste water treatment and plant design

and operation, (2) feasible and economical means for providing sewers

and sewage treatment works for small communities, (3) economical means

for future incorporation of separate sewer service units into area-wide

systems, (4) studies of selected problems, such as industrial wastes and

changing sewage characteristics, (5) development of a data processing

system for periodic determination of the status of water pollution

control throughout the state, (6) provision of advisory services for

municipal officials in relation to sewage problems, including

information material concerning planning, construction and operation,

financial assistance programs and methods of defraying the costs of

sewers and sewage treatment plants, and (7) assimilative capacities of

streams, lakes and other waters of the state;

e. Prepare and develop a general comprehensive plan for the abatement

of existing pollution and the prevention of new pollution, by the

installation, use, and operation of practical and available systems,

methods and means for controlling pollution, recognizing different

requirements for separate waters and for different segments of the same

waters;

f. Require to be submitted to it, and to consider for approval, plans

for disposal systems or any part thereof, and to inspect the

construction thereof for compliance with the approved plans;

g. Serve as an agency of the state for the receipt of moneys from the

federal government, or other public or private agencies, and to expend

the same, after appropriation therefor, for the purpose of pollution

control, studies or research.

h. Establish a water quality surveillance network with sufficient

stations and sampling schedule to meet the needs of the state, including

ground water and surface water, both fresh and salt, and publish the

results of such water quality surveillance network periodically;

i. Develop a public education and promotion program to aid and assist

public officials in publicizing needs and securing support for pollution

control action;

j. Prepare an annual report on the status of the water pollution

control program, covering all phases of the program;

l. Promulgate rules, regulations and standards, subject to the

requirements of subdivision 3 of section 17-0303, providing for the

testing and measuring of sewage, industrial waste or other wastes, at

their outlet or point source into waters of the state, and further

providing for the maintaining of a permanent record of the resulting

data, and periodically reporting such record to the commissioner,

subject to the restriction set forth in subdivision 6 of section

17-0303.

6. The commissioner, or his authorized representative, shall have the

right to enter at all reasonable times in or upon any property, public

or private, for the purpose of inspecting and investigating conditions

relating to pollution, or the possible pollution of any waters of the

state, which inspection or examination does not involve confidential

information relating to secret processes or economics of operation.

7. The commissioner, or his authorized representative may examine any

records or memoranda pertaining to the operation of a disposal system or

treatment works which examination does not involve confidential

information relating to secret processes or to economics of operation.

8. The commissioner, or his or her authorized representative, shall

disclose to the public the date, location and source of a petroleum

spill, including, but not limited to, information pertaining to the

cleanup of such spill and the presence of methyl tertiary butyl ether

(MTBE). In the event of such spill, the department shall post such

information on its website within a reasonable period of time, including

additional related information as soon thereafter as it becomes

available.