N.Y. Environmental Conservation Law § 71-2727: Enforcement of articles 27 and 71 of this chapter

§ 71-2727. Enforcement of articles 27 and 71 of this chapter.

1. The commissioner, after investigation, notice and an opportunity to

be heard, may issue, modify and revoke orders prohibiting violations of

any of the provisions of article 27 or 71 or of any rule or regulation

promulgated pursuant thereto and requiring the taking of such remedial

measures as may be necessary or appropriate.

2. The attorney general, on his own initiative, or at the request of

the commissioner, may initiate any appropriate action or proceeding to

enforce any provision of article 27 or 71 or any rule or regulation

promulgated pursuant thereto and any order issued or penalty assessed

pursuant to this title.

3. a. The commissioner, after investigation, notice and an opportunity

to be heard, may issue, modify and revoke orders requiring corrective

action, including corrective action beyond the facility boundary where

necessary to protect human health and the environment, for all releases

of hazardous waste or constituents from any solid waste management unit

at any treatment, storage or disposal facility which is either permitted

or seeking a permit under title 7 or 9 of article 27 of this chapter,

regardless of the time at which waste was placed in such unit.

b. Whenever on the basis of any information the commissioner

determines that there is or has been a release of hazardous waste or

constituents into the environment from a facility which has or has had

interim status according to regulations adopted pursuant to title 7 or 9

of article 27 of this chapter but which has not received a final status

permit pursuant to such regulations, the commissioner may issue an order

requiring corrective action or such other response measures as he deems

necessary to protect human health or the environment.