N.Y. Environmental Conservation Law § 19-0305: Commissioner; enforcement power

§ 19-0305. Commissioner; enforcement power.

1. The commissioner is hereby authorized to enforce the codes, rules

and regulations of the department established in accordance with this

article.

2. In addition to the powers otherwise granted under this article, and

in accordance with the policies of department, the commissioner shall

have power to:

a. Enter and inspect any property, premise or place and stop, detain

and inspect any motor vehicle for the purpose of investigating either an

actual or suspected source of air pollution or air contamination or for

the purpose of ascertaining compliance or noncompliance with any code,

rule or regulation which may be promulgated under this article. Any

information relating to secret processes, or methods of manufacture, or

production obtained in the course of the inspection or investigation

shall be kept confidential, provided that the quantity and physical and

chemical characteristics of actual and allowable air contaminant

emissions shall be considered public information. If samples of air or

air contaminants are taken for analysis during any inspection made on

the premises of a person who is suspected of causing air pollution or

air contamination or during the inspection of a motor vehicle, a

duplicate of the analytical report shall be furnished promptly to such

person or the owner of such motor vehicle.

b. Conduct or cause to be conducted studies and research with respect

to air pollution control, abatement or prevention.

c. Conduct and supervise programs of air pollution control education

including the preparation and distribution of information relating to

air pollution control.

d. Determine by means of field studies and sampling the degree of air

pollution in New York state.

e. Provide advisory technical consultation services to local

communities.

f. Develop and conduct demonstration programs in cooperation with

local communities.

g. Promote the establishment of local laboratory facilities including

essential instrumentation.

h. Provide facilities and staff for training personnel of local

communities in the principles of air sanitation.

i. Serve as the agent of the state for the receipt of monies from the

federal government or other public or private agencies and to expend

such monies after appropriation thereof for the purpose of air pollution

control studies or research.

j. Consider for approval or disapproval applications for permits and

certificates including plans or specifications for air contamination

sources and air cleaning installations or any part thereof submitted

consistent with the rules of the department, and inspect the

installation for compliance with the plans or specifications; provided

that in the case of a major steam electric generating facility, as

defined in former section one hundred forty of the public service law,

for which a certificate is required pursuant to the former article eight

of the public service law, or a major electric generating facility as

defined in section one hundred sixty of the public service law, for

which a certificate is required pursuant to article ten of the public

service law, such approval functions may be performed by the state board

on electric generation siting and the environment, as defined in the

public service law, pursuant to federally delegated or approved

environmental permitting authority, and such inspection functions shall

be performed by the department. Nothing herein shall limit the authority

of the department of health and the department to monitor the

environmental and health impacts resulting from the operation of such

major steam electric generating facility and to enforce applicable

provisions of the public health law and this chapter and the terms and

conditions of the certificate governing the environmental and health

impacts resulting from such operation.

k. Approve types of crankcase ventilating systems and air contaminant

emission control systems pursuant to standards promulgated by the

department, in accordance with the Vehicle and Traffic Law.

l. Do such other things as he may deem necessary, proper or desirable

in order that he may enforce codes, rules or regulations which have been

promulgated under this article.