N.Y. Environmental Conservation Law § 21-0117: Water quality network

§ 21-0117. Water quality network.

1. The New England Interstate Water Pollution Control Commission, in

cooperation with the state and such other states signatory to the New

England Interstate Water Pollution Control Compact as may participate,

shall establish and maintain a water quality sampling and testing

network. The network shall, to the fullest extent practicable, rely upon

the sampling and testing programs of the state and other participating

states and upon information available from agencies of the federal

government, and shall not duplicate any of their activities. However, if

the sampling and testing programs of the state and other states and the

information available from agencies of the federal government are

insufficient to provide the commission with records of water quality

adequate for its needs, the commission may supplement the sampling and

testing otherwise available to it.

2. Sampling pursuant to this section shall be at points at or near the

places where waters cross a boundary of the state and the samples shall

be tested in order to determine their quality. The sampling and testing

provided for herein shall be scheduled by the commission or in

accordance with its requests and shall include such factors or elements

as the commission shall request. Any sampling and testing done by the

Department of Environmental Conservation as part of the activities of

the commission's network shall be reported fully and promptly by the

department to the commission together with the results thereof.

3. a. If the commission ascertains that particular waters at or near a

boundary of the state do not comply with the standards of the commission

made pursuant to article V of the New England Interstate Water Pollution

Control Compact, or are not otherwise of a quality complying with state

law, the commission shall inform the Department of Environmental

Conservation and the water pollution control agency of any other state

concerned and shall afford such agencies an opportunity to verify,

explain, supplement or correct the information in the possession of the

commission and, if the facts warrant, to take or secure the taking of

any necessary remedial action.

b. If such remedial action is not taken or secured in timely fashion,

the commission may hold a public hearing on due notice, as provided in

its rules and regulations, in order to ascertain all the relevant facts

and circumstances. Following public hearing, the commission may issue an

order directed to the source or sources of waste discharge causing or

contributing to the deteriorated water quality. Such order or orders may

require reduction or cessation of waste discharges or the improvement of

their quality. An order shall not be valid unless supported by

substantial evidence adduced at the public hearing. Such order shall

prescribe the date or dates by which discharges of waste are to be

reduced, discontinued or treated, and may contain timetables or

schedules for specific steps to be taken in order to comply therewith.

An order made pursuant to this section may be enforced in any court of

competent jurisdiction. Proceedings shall be only on the record made

before the commission.

4. Unless otherwise conferred by law, the commission shall not have

power to issue permits or licenses in connection with the discharge or

treatment of wastes, or pass upon plans or specifications for particular

waste treatment or collection equipment or facilities.