NY Env Conserv L § 17-0303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 17 - Water Pollution Control Title 3 - Jurisdiction of the Department; Authority; Powers and Duties 17-0303 - General Powers and Duties Applicable to Portions of This Article.

§ 17-0303. General  powers  and  duties  applicable  to portions of thisarticle.1. The provisions of this section shall apply only to titles 1 to  11,   inclusive, and title 19 of this article.2.  The department shall have administrative jurisdiction to abate and   prevent the pollution of waters  of  the  state  in  the  manner  herein   provided  in accordance with the classification of waters adopted by the   department pursuant to section 17-0301 and in accordance with standards,   criteria, limitations,  rules  and  regulations  and  permit  conditions   adopted,  promulgated  or  applied by the department pursuant to title 8   hereof.3. The department, acting through the commissioner may, from  time  to   time,  adopt,  amend,  or  cancel  administrative  rules and regulations   governing the procedure to be followed with respect to  hearing,  filing   of  reports,  the issuance of permits, and all other matters relating to   procedure,  and  generally,  may  make  such  administrative  rules  and   regulations,  and do and perform any and all acts, not inconsistent with   the provisions of this article listed in subdivision 1 of this  section,   as  may  be  necessary or proper to carry into effect such provisions of   this article listed in subdivision 1 of  this  section,  and  may  make,   amend and repeal rules and regulations for the storage of liquids likely   to  pollute  the  waters  of  the  state  including, but not limited to,   standards for the construction,  installation,  maintenance,  protection   and  diking of tanks used to store any such liquids and their associated   structures,  piping,  valves,  fittings,  fixtures   and   outlets,   in   conjunction  with  the  promulgation  of  which,  the commissioner shall   consider codes and practices of industries concerned with  the  handling   and storage of such liquids and the time required for persons engaged in   such  industries  to conform with such rules and regulations. Such rules   and regulations, before becoming effective,  shall  be  filed  with  the   secretary  of  state  for  publication  in  the "Official Compilation of   Codes, Rules and  Regulations  of  the  State  of  New  York"  published   pursuant to section 120 of the Executive Law.4. The commissioner is hereby authorized to:a. Hold public hearings, receive pertinent and relevant proof from any   party  in interest who appears at such hearing, compel the attendance of   witnesses, make findings of fact and determinations,  and  asssess  such   penalties  therefor  as  are hereinafter prescribed, all with respect to   the violations of the provisions of this article listed in subdivision 1   of this section, or the orders issued by the commissioner;b. Make, modify or cancel orders requiring the discontinuance  of  the   discharge of sewage, industrial waste or other wastes into any waters of   the  state  in  accordance with the provisions of this article listed in   subdivision 1 of this section, and specifying the  conditions  and  time   within which such discontinuance must be accomplished.c.  Institute  or  cause  to  be  instituted  in  a court of competent   jurisdiction proceedings to compel compliance  with  the  provisions  of   this   article   listed   in  subdivision  1  of  this  section  or  the   determinations and orders of the commissioner;d. Issue or deny permits, under such conditions as may  be  prescribed   for  the  prevention  and  abatement  of pollution, for the discharge of   sewage, industrial waste or other wastes, or  for  the  installation  or   operation of disposal systems or parts thereof;e.  Continue  any  permit  heretofore  or  hereafter  issued under the   provisions of this article listed in subdivision 1 of this  section,  or   under  the authority of laws previously enacted and thereafter repealed,   whenever, after hearing thereon, the commissioner determines  that  such    continuation  is necessary or desirable to prevent or abate pollution of   any waters of the state;f.  Revoke  or  modify any construction, operating or discharge permit   heretofore or hereafter issued under  the  provisions  of  this  article   listed  in subdivision 1 of this section, or under the authority of laws   previously enacted and  thereafter  repealed,  whenever,  after  hearing   thereon,   the   commissioner   determines   that   such  revocation  or   modification is necessary or desirable to prevent or abate pollution  of   any  waters  of  the  state provided, however, that the hearing required   under this paragraph may be  waived  in  writing  by  the  applicant  or   permitees;g.  Conduct  such  investigations  as  may  be  deemed  advisable  and   necessary to carry out the intents and purposes  of  the  provisions  of   this article listed in subdivision 1 of this section;h.  Settle  or  compromise, with the approval of the attorney general,   any action or cause of action for the recovery of a  penalty  under  the   provisions of this article listed in subdivision 1 of this section as he   may deem advantageous to the state;i.  Perform such other and further acts as may be necessary, proper or   desirable, to carry out  effectively  the  duties  and  responsibilities   prescribed  in the provisions of this article listed in subdivision 1 of   this section.5. It shall be the duty and responsibility of the department to:a. Encourage voluntary cooperation by all persons  in  preventing  and   abating pollution of the waters of the state;b.  Encourage  the  formulation  and execution of plans by cooperative   groups or associations of municipalities, industries, and other users of   the waters who, severally or jointly,  are  or  may  be  the  source  of   pollution  in  the  same  waters,  for  the  prevention and abatement of   pollution;c. Cooperate with the appropriate agencies of  the  United  States  or   other states, or any interstate agencies in respect to pollution control   matters,  or  for  the  formulation for submission to the legislature of   interstate pollution control compacts or agreements;d. Conduct or cause to be conducted studies and research, and  provide   services  by itself or in cooperation with federal, interstate, state or   municipal agencies, with  respect  to  pollution  abatement  or  control   problems,  disposal  systems,  and treatment of sewage, industrial waste   and other wastes, which shall include but not be limited to (1) advances   in effectiveness and economies in waste water treatment and plant design   and operation, (2) feasible and economical means  for  providing  sewers   and  sewage  treatment works for small communities, (3) economical means   for future incorporation of separate sewer service units into  area-wide   systems, (4) studies of selected problems, such as industrial wastes and   changing  sewage  characteristics,  (5) development of a data processing   system for periodic determination  of  the  status  of  water  pollution   control  throughout  the  state,  (6) provision of advisory services for   municipal  officials  in  relation   to   sewage   problems,   including   information  material  concerning  planning, construction and operation,   financial assistance programs and methods  of  defraying  the  costs  of   sewers  and  sewage treatment plants, and (7) assimilative capacities of   streams, lakes and other waters of the state;e. Prepare and develop a general comprehensive plan for the  abatement   of  existing  pollution  and  the  prevention  of  new pollution, by the   installation, use, and operation of  practical  and  available  systems,   methods  and  means  for  controlling  pollution,  recognizing different   requirements for separate waters and for different segments of the  same   waters; f.  Require to be submitted to it, and to consider for approval, plans   for  disposal  systems  or  any  part  thereof,  and  to   inspect   the   construction thereof for compliance with the approved plans;g.  Serve as an agency of the state for the receipt of moneys from the   federal government, or other public or private agencies, and  to  expend   the  same,  after  appropriation  therefor, for the purpose of pollution   control, studies or research.h. Establish a water  quality  surveillance  network  with  sufficient   stations and sampling schedule to meet the needs of the state, including   ground  water  and  surface  water, both fresh and salt, and publish the   results of such water quality surveillance network periodically;i. Develop a public education and promotion program to aid and  assist   public officials in publicizing needs and securing support for pollution   control action;j.  Prepare  an  annual  report  on  the status of the water pollution   control program, covering all phases of the program;l.  Promulgate  rules,  regulations  and  standards,  subject  to  the   requirements  of  subdivision  3  of  section 17-0303, providing for the   testing and measuring of sewage, industrial waste or  other  wastes,  at   their  outlet  or  point  source  into  waters of the state, and further   providing for the maintaining of a permanent  record  of  the  resulting   data,  and  periodically  reporting  such  record  to  the commissioner,   subject to the  restriction  set  forth  in  subdivision  6  of  section   17-0303.6.  The commissioner, or his authorized representative, shall have the   right to enter at all reasonable times in or upon any  property,  public   or  private,  for the purpose of inspecting and investigating conditions   relating to pollution, or the possible pollution of any  waters  of  the   state,  which  inspection  or  examination does not involve confidential   information relating to secret processes or economics of operation.7. The commissioner, or his authorized representative may examine  any   records or memoranda pertaining to the operation of a disposal system or   treatment   works   which  examination  does  not  involve  confidential   information relating to secret processes or to economics of operation.8. The commissioner, or his or her  authorized  representative,  shall   disclose  to  the  public  the  date, location and source of a petroleum   spill, including, but not limited  to,  information  pertaining  to  the   cleanup  of  such  spill and the presence of methyl tertiary butyl ether   (MTBE). In the event of such  spill,  the  department  shall  post  such   information on its website within a reasonable period of time, including   additional   related  information  as  soon  thereafter  as  it  becomes   available.