N.Y. Environmental Conservation Law § 17-1717: Order to discontinue pollution of waters

* § 17-1717. Order to discontinue pollution of waters.

1. Whenever the commissioner shall determine upon investigation that

sewage from any city, village, town, building, steamboat or other

vessel, or property, or any garbage, offal or any decomposable or

putrescible matter of any kind is being discharged into any of the

waters of the state, which shall include all streams and springs and all

bodies of surface and ground water, whether natural or artificial,

within or upon the boundaries of the state, and when, in the opinion of

the commissioner, such discharge is polluting such waters in a manner

injurious to or so as to create a menace to health, or so as to create a

public nuisance, he may order the municipality, corporation or person so

discharging sewage, refuse or other matter, to show cause before him why

such discharge should not be discontinued.

2. A notice shall be served on the municipality, corporation or person

so discharging sewage, refuse or other matter, directing such

municipality, corporation or person to show cause before the

commissioner on a date specified in such notice why an order should not

be made directing the discontinuance of such discharge. Such notice

shall specify the time when and place where a public hearing will be

held by the commissioner and notice of such hearing shall be published

at least twice in a newspaper of the city, village, town or county where

such discharge occurs, and shall be served personally or by mail at

least fifteen days before said hearing and in the case of a municipality

or a corporation such service shall be upon an officer thereof.

3. The commissioner shall take evidence in regard to said matter and

he may issue an order to the municipality, corporation or person

responsible for such discharge, directing that within a specified period

of time thereafter such discharge be discontinued, and such proper

method of treatment or disposal of such sewage, refuse or waste matter

be installed as shall be approved by the department.

4. Such order shall not be valid until approved by the Governor and

the Attorney General, and when so approved it shall be the duty of the

Attorney General to enforce such order.

5. Such means or method for the treatment or disposal of sewage,

refuse or other matter must be executed, completed and put in operation

within the time fixed in the order.

6. The commissioner shall have authority to require from the officials

and persons responsible for the execution of such orders satisfactory

evidence at specified times of proper progress in the execution of such

orders, and may stipulate and require that certain definite progress

shall be made at certain definite times prior to the final date fixed in

the order.

7. This section shall not apply to refuse or waste matter from any

shop, factory, mill or industrial establishment not containing sewage.

* NB Expired September 1, 1973