NY Env Conserv L § 15-0511 (2021)
2021 New York Laws ENV - Environmental Conservation Article 15 - Water Resources Title 5 - Protection of Water 15-0511 - Alterations to Watercourses and Lakes; Inspection and Correction; Illegal Impounding of Waters.

§ 15-0511. Alterations   to   watercourses  and  lakes;  inspection  andcorrection; illegal impounding of waters.1. Whenever  in  the  judgment  of  the  commissioner,  public  safety   requires,  or  an  illegal  excavation, fill, or dam exists in or on the   waters of the state, the commissioner may cause an investigation  to  be   made of the nature of the hazard or violation and its probable effect on   the  health,  safety  and  welfare  of  the people of the state, and the   effect on the environment and natural resources including forests, soil,   water, fish and wildlife.2.   In addition to  any  other  power  set  forth  in  this  chapter,   including  the  power  to  issue an order pursuant to section 71-0301 of   this chapter, the commissioner shall have the power,  after  hearing  on   due  notice,  to  issue an order, setting forth the findings of fact and   conclusions therefrom, directing any person or local public corporation,   who hereafter makes or allows to be made or  is  making  an  illegal  or   unsafe  excavation or fill, or who constructs an illegal dam, to conduct   studies, investigations, and analyses necessary to evaluate  the  safety   of  the  structure,  including  but  not  limited to visual inspections,   measurements, foundation exploration  and  testing,  materials  testing,   hydraulic  and  hydrologic  analyses,  structural stability analysis and   seepage investigations and to remove, replace  or  correct  the  dam  or   excavated  or  filled materials, within such reasonable time and in such   manner as shall be specified in said order, and it shall be the duty  of   every  such  person  or  local  public  corporation to obey, observe and   comply with such order and with the conditions therein prescribed.   The   provisions  of  title  9  of this article with respect to administrative   procedures shall be applicable to hearings under this section.3. It shall be unlawful for any person or local public corporation  to   fail, omit or neglect to comply with such order within a reasonable time   as designated by the commissioner.4.  Upon  the violation of any such order, the commissioner, or a duly   appointed representative, shall have power to enter upon the  lands  and   waters  where  such  illegal  or unsafe disturbances are located for the   purpose of removing, replacing or correcting the same and to  take  such   other  and further precautions which the commissioner may deem necessary   to safeguard life or property or protect the environment  of  the  state   against  danger  occasioned  by  the  presence  of the illegal or unsafe   excavation, fill or dams. In removing or replacing  such  structures  or   other properties so affected the commissioner shall not deviate from the   method, manner and specifications contained in the original order.5. The commissioner shall certify the amount of the costs and expenses   incurred  by the department and any state departments for the removal or   replacing  aforesaid  in  anywise  connected  therewith  to  the  county   legislative  body  of the county or counties in which the said lands and   waters are located, whereupon it  shall  be  the  duty  of  such  county   legislative  body  of  each county to add the amount so certified to the   assessment rolls of such locality or localities as a charge against  the   real  property  upon  which  the  excavation,  fill  or  dam is located,   designated or described by the commissioner as chargeable therewith, and   to issue its warrant or warrants for the collection  thereof.  Thereupon   it  shall  become  the duty of such locality or localities through their   proper officers to collect the amount so certified in the same manner as   other taxes are collected  in  such  locality  or  localities  and  when   collected  to  pay  the same to the department which shall thereupon pay   the same into the State Treasury.  Any amount so levied shall  thereupon   become and be a lien upon the real property affected thereby to the same   extent  as  any  tax levy becomes and is a lien thereon.  The department    may also assert other rights of recovery as may exist by  law  for  such   costs and expenses incurred.