NY Env Conserv L § 17-0905 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 9 - Procedure 17-0905 - Proceedings Before the Commissioner.

§ 17-0905. Proceedings before the commissioner.1.  The  commissioner  may,  on  his  own  motion, investigate or make   inquiry, in a manner to be determined by him, as to the condition of any   of the waters of the state and as to any alleged  act  of  pollution  or   omission  or  failure  to  comply with any provisions of titles 1 to 11,   inclusive, or title 19 of this article.2. Whenever it shall appear to the commissioner, after  investigation,   that  there has been a violation of any of the provisions of titles 1 to   11, inclusive, or title 19 of this article, he shall give written notice   to the alleged violator or violators setting forth any thing or act done   or omitted to be done  or  claimed  to  be  in  violation  of  any  such   provisions,  and  requiring that the matters complained of be corrected,   or that the alleged violator appear in person or by attorney before  the   commisisoner  or  his  duly  designated  representative, at the time and   place in said notice specified, and answer the charges complained of.3. Whenever it shall appear to the commissioner, after  investigation,   that industrial or other wastes turned or allowed to run into a sewer or   sewage  disposal  system,  the content of which ultimately is discharged   into the waters of the state, is a cause or contributes to the pollution   of the said waters, he shall also notify the person or  persons  allowed   to  be  responsible  for the discharge of the industrial or other wastes   into the sewer or sewage disposal system of any  alleged  violations  on   his or their part and shall notify him or them to appear at said hearing   and answer the charges made against him or them.4. At least twenty days' notice of such hearing shall be given.5.  Upon  the  return  day of such notice the person so notified shall   file with the commissioner a statement setting forth the position of the   person so notified, the answer, if any, to the charges made against him,   the methods, practices and procedures, if any, which are being taken  to   prevent  polluting  discharges into the waters of the state or the sewer   or sewage disposal system which ultimately empties into said waters, and   any other defenses or information pertinent to the case.  Pertinent  and   relevant  testimony  of  witnesses  shall  be  received in support of or   opposition to said statement.6. The burden of proof with respect  to  violations  of  or  liability   imposed  by  titles  1  to  11,  inclusive, and title 19 of this article   shall, except as otherwise provided in  section  71-1941,  be  upon  the   department.7.  After  due  consideration  of the written and oral statements, and   testimony and arguments filed pursuant to subdivision  5  above,  or  on   default in appearance on said return day, the commissioner may issue and   enter  such  final  order  or  make such final determination as he deems   appropriate under the circumstances, and shall  notify  such  person  or   persons thereof in writing, personally, or by registered mail.