N.Y. Environmental Conservation Law § 17-0905: Proceedings before the commissioner

§ 17-0905. Proceedings before the commissioner.

1. The commissioner may, on his own motion, investigate or make

inquiry, in a manner to be determined by him, as to the condition of any

of the waters of the state and as to any alleged act of pollution or

omission or failure to comply with any provisions of titles 1 to 11,

inclusive, or title 19 of this article.

2. Whenever it shall appear to the commissioner, after investigation,

that there has been a violation of any of the provisions of titles 1 to

11, inclusive, or title 19 of this article, he shall give written notice

to the alleged violator or violators setting forth any thing or act done

or omitted to be done or claimed to be in violation of any such

provisions, and requiring that the matters complained of be corrected,

or that the alleged violator appear in person or by attorney before the

commisisoner or his duly designated representative, at the time and

place in said notice specified, and answer the charges complained of.

3. Whenever it shall appear to the commissioner, after investigation,

that industrial or other wastes turned or allowed to run into a sewer or

sewage disposal system, the content of which ultimately is discharged

into the waters of the state, is a cause or contributes to the pollution

of the said waters, he shall also notify the person or persons allowed

to be responsible for the discharge of the industrial or other wastes

into the sewer or sewage disposal system of any alleged violations on

his or their part and shall notify him or them to appear at said hearing

and answer the charges made against him or them.

4. At least twenty days' notice of such hearing shall be given.

5. Upon the return day of such notice the person so notified shall

file with the commissioner a statement setting forth the position of the

person so notified, the answer, if any, to the charges made against him,

the methods, practices and procedures, if any, which are being taken to

prevent polluting discharges into the waters of the state or the sewer

or sewage disposal system which ultimately empties into said waters, and

any other defenses or information pertinent to the case. Pertinent and

relevant testimony of witnesses shall be received in support of or

opposition to said statement.

6. The burden of proof with respect to violations of or liability

imposed by titles 1 to 11, inclusive, and title 19 of this article

shall, except as otherwise provided in section 71-1941, be upon the

department.

7. After due consideration of the written and oral statements, and

testimony and arguments filed pursuant to subdivision 5 above, or on

default in appearance on said return day, the commissioner may issue and

enter such final order or make such final determination as he deems

appropriate under the circumstances, and shall notify such person or

persons thereof in writing, personally, or by registered mail.