NY Env Conserv L § 19-0305 (2021)
2021 New York Laws ENV - Environmental Conservation Article 19 - Air Pollution Control Title 3 - Powers and Duties 19-0305 - Commissioner; Enforcement Power.

§ 19-0305. Commissioner; enforcement power.1.  The  commissioner is hereby authorized to enforce the codes, rules   and regulations of the department established in  accordance  with  this   article.2. In addition to the powers otherwise granted under this article, and   in  accordance  with  the policies of department, the commissioner shall   have power to:a. Enter and inspect any property, premise or place and  stop,  detain   and inspect any motor vehicle for the purpose of investigating either an   actual  or suspected source of air pollution or air contamination or for   the purpose of ascertaining compliance or noncompliance with  any  code,   rule  or  regulation  which  may  be promulgated under this article. Any   information relating to secret processes, or methods of manufacture,  or   production  obtained  in  the  course of the inspection or investigation   shall be kept confidential, provided that the quantity and physical  and   chemical   characteristics  of  actual  and  allowable  air  contaminant   emissions shall be considered public information. If samples of  air  or   air  contaminants  are  taken for analysis during any inspection made on   the premises of a person who is suspected of causing  air  pollution  or   air  contamination  or  during  the  inspection  of  a  motor vehicle, a   duplicate of the analytical report shall be furnished promptly  to  such   person or the owner of such motor vehicle.b.  Conduct or cause to be conducted studies and research with respect   to air pollution control, abatement or prevention.c. Conduct and supervise programs of air pollution  control  education   including  the  preparation  and distribution of information relating to   air pollution control.d. Determine by means of field studies and sampling the degree of  air   pollution in New York state.e.   Provide   advisory   technical  consultation  services  to  local   communities.f. Develop and conduct  demonstration  programs  in  cooperation  with   local communities.g.  Promote the establishment of local laboratory facilities including   essential instrumentation.h. Provide facilities  and  staff  for  training  personnel  of  local   communities in the principles of air sanitation.i.  Serve as the agent of the state for the receipt of monies from the   federal government or other public or private  agencies  and  to  expend   such monies after appropriation thereof for the purpose of air pollution   control studies or research.j.  Consider  for approval or disapproval applications for permits and   certificates including plans or  specifications  for  air  contamination   sources  and  air  cleaning  installations or any part thereof submitted   consistent  with  the  rules  of  the  department,   and   inspect   the   installation  for  compliance with the plans or specifications; provided   that in the case of a  major  steam  electric  generating  facility,  as   defined  in  former section one hundred forty of the public service law,   for which a certificate is required pursuant to the former article eight   of the public service law, or a major electric  generating  facility  as   defined  in  section  one  hundred  sixty of the public service law, for   which a certificate is required pursuant to article ten  of  the  public   service law, such approval functions may be performed by the state board   on  electric  generation  siting  and the environment, as defined in the   public  service  law,  pursuant  to  federally  delegated  or   approved   environmental  permitting authority, and such inspection functions shall   be performed by the department. Nothing herein shall limit the authority   of  the  department  of  health  and  the  department  to  monitor   the    environmental  and  health  impacts resulting from the operation of such   major steam electric  generating  facility  and  to  enforce  applicable   provisions  of  the public health law and this chapter and the terms and   conditions  of  the  certificate  governing the environmental and health   impacts resulting from such operation.k. Approve types of crankcase ventilating systems and air  contaminant   emission  control  systems  pursuant  to  standards  promulgated  by the   department, in accordance with the Vehicle and Traffic Law.l. Do such other things as he may deem necessary, proper or  desirable   in order that he may enforce codes, rules or regulations which have been   promulgated under this article.