N.Y. Environmental Conservation Law § 71-1719: Summary action

§ 71-1719. Summary action.

Whenever the commissioner, after investigation, is of the opinion that

any person is causing, engaging in or maintaining a condition or

activity which in his opinion constitutes danger to the health of the

people, and that it therefore appears to be prejudicial to the interest

of the people to delay action for fifteen days until an opportunity for

a hearing can be provided in accordance with the provisions of section

71-1709, the commissioner shall order the person, including any state

agency or political subdivision having jurisdiction, by written notice

to discontinue such dangerous condition or activity or take certain

action immediately or within a specified period of less than fifteen

days. As promptly as possible thereafter, within not to exceed fifteen

days, the commissioner shall provide the person an opportunity to be

heard and to present any proof that such condition or activity does not

constitute a danger to the health of the people. This section shall

apply only to enforcement of the provisions of this chapter listed in

section 71-1701, and of titles 17 through 21 inclusive of this article.