N.Y. Environmental Conservation Law § 71-0301: Summary abatement

§ 71-0301. Summary abatement.

Notwithstanding any inconsistent provisions of law, whenever the

commissioner finds, after investigation, that any person is causing,

engaging in or maintaining a condition or activity which, in his

judgment, presents an imminent danger to the health or welfare of the

people of the state or results in or is likely to result in irreversible

or irreparable damage to natural resources, and relates to the

prevention and abatement powers of the commissioner and it therefore

appears to be prejudicial to the interests of the people of the state to

delay action until an opportunity for a hearing can be provided, the

commissioner may, without prior hearing, order such person by notice, in

writing wherever practicable or in such other form as in the

commissioner's judgment will reasonably notify such person whose

practices are intended to be proscribed, to discontinue, abate or

alleviate such condition or activity, and thereupon such person shall

immediately discontinue, abate or alleviate such condition or activity.

As promptly as possible thereafter, not to exceed fifteen days, the

commissioner shall provide the person an opportunity to be heard and to

present proof that such condition or activity does not violate the

provisions of this section. The commissioner shall adopt any other

appropriate rules and regulations prescribing the procedure to be

followed in the issuance of such orders. Any person who violates any of

the provisions of, or who fails to perform any duty imposed by this

section, or any rule, regulation or order promulgated by the

commissioner hereunder, shall be liable to a civil penalty of not more

than twenty-five hundred dollars for each such violation and an

additional penalty of not more than five hundred dollars for each day

during which such violation continues, and, in addition thereto, such

person may be enjoined from continuing such violation. Penalties and

injunctive relief provided herein shall be recoverable in an action

brought by the attorney general at the request and in the name of the

commissioner.