N.Y. Environmental Conservation Law § 17-1735: Violations; service of notice; actions

* § 17-1735. Violations; service of notice; actions.

1. The board of health of each municipality shall promptly ascertain

every violation of, or noncompliance with, any of the provisions of

section 17-1701 or of the permits for the discharge of sewage or refuse

or waste material into any of the waters of the state herein provided,

which may occur within that municipality, or the commissioner may

ascertain such violations or noncompliance.

2. The local board of health shall on the discovery of every violation

of or noncompliance with any of the provisions of said section or of any

permit duly issued, report the same in writing to the commissioner.

3. Upon receipt of such report from a local board of health the

commissioner shall investigate the matter immediately and shall hold a

hearing and give the person or persons charged with such violation or

noncompliance an opportunity to present evidence on his or their behalf,

and shall ascertain whether a violation or noncompliance exists.

* NB Expired September 1, 1973