2023 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