N.Y. Environmental Conservation Law § 21-0513: Hearings

§ 21-0513. Hearings.

Whenever the commission shall determine upon investigation that sewage

or other polluting matter from any city, village, town, county, borough,

municipality or other entity, as defined in the compact, building,

steamboat, or other vessel, or any garbage, offal or any decomposable or

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

the district, and whenever in the opinion of the commission such

discharge is polluting such waters in a manner injurious to or so as to

create a menace to public health, welfare and recreational purposes, or

so as to create a public nuisance, or so as to be obnoxious, the

commission may order the municipality, corporation or person so

discharging sewage, refuse or other matter, to show cause before it or

its duly designated representative why such discharge should not be

discontinued or why said commission should not issue an order regulating

such pollution. 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 said commission on a date specified in such notice why an order

should not be made directing the discontinuance of such discharge or

otherwise regulating the said pollution. Such notice shall specify the

time when and place where a public hearing will be held by the

commission or its duly delegated representative and shall be served

personally, or by mail at least fifteen days before said hearing, and in

case of a municipality or a corporation, such service shall be upon an

officer thereof. The person or persons presiding at such hearing shall

take evidence, and after conducting such public hearing, the commission

shall by order prescribe a reasonable date on or before which such

municipality, corporation or person discharging sewage, refuse or other

matter into the designated waters within the district, shall cease to

discharge such refuse or other matter and shall treat such sewage in

accordance with the standards specified in the compact, and such order

may prescribe that certain specific progress shall be made at definite

times prior to the final date fixed in such order. The commission 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.