NY Env Conserv L § 17-1717 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 17 - Discharge of Sewage Into Waters 17-1717 - Order to Discontinue Pollution of Waters.

* § 17-1717. Order to discontinue pollution of waters.1.  Whenever  the commissioner shall determine upon investigation that   sewage from any  city,  village,  town,  building,  steamboat  or  other   vessel,  or  property,  or  any  garbage,  offal  or any decomposable or   putrescible matter of any kind is  being  discharged  into  any  of  the   waters of the state, which shall include all streams and springs and all   bodies  of  surface  and  ground  water,  whether natural or artificial,   within or upon the boundaries of the state, and when, in the opinion  of   the  commissioner,  such  discharge is polluting such waters in a manner   injurious to or so as to create a menace to health, or so as to create a   public nuisance, he may order the municipality, corporation or person so   discharging sewage, refuse or other matter, to show cause before him why   such discharge should not be discontinued.2. A notice shall be served on the municipality, corporation or person   so  discharging  sewage,  refuse  or  other   matter,   directing   such   municipality,   corporation   or   person   to  show  cause  before  the   commissioner on a date specified in such notice why an order should  not   be  made  directing  the  discontinuance  of such discharge. Such notice   shall specify the time when and place where a  public  hearing  will  be   held  by  the commissioner and notice of such hearing shall be published   at least twice in a newspaper of the city, village, town or county where   such discharge occurs, and shall be served  personally  or  by  mail  at   least fifteen days before said hearing and in the case of a municipality   or a corporation such service shall be upon an officer thereof.3.  The  commissioner shall take evidence in regard to said matter and   he may issue  an  order  to  the  municipality,  corporation  or  person   responsible for such discharge, directing that within a specified period   of  time  thereafter  such  discharge  be  discontinued, and such proper   method of treatment or disposal of such sewage, refuse or  waste  matter   be installed as shall be approved by the department.4.  Such  order  shall not be valid until approved by the Governor and   the Attorney General, and when so approved it shall be the duty  of  the   Attorney General to enforce such order.5.  Such  means  or  method  for  the treatment or disposal of sewage,   refuse or other matter must be executed, completed and put in  operation   within the time fixed in the order.6. The commissioner shall have authority to require from the officials   and  persons  responsible  for the execution of such orders satisfactory   evidence at specified times of proper progress in the execution of  such   orders,  and  may  stipulate  and require that certain definite progress   shall be made at certain definite times prior to the final date fixed in   the order.7. This section shall not apply to refuse or  waste  matter  from  any   shop, factory, mill or industrial establishment not containing sewage.* NB Expired September 1, 1973