2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 9 - Procedure › 17-0909 - Review by Courts.

§ 17-0909. Review by courts.
1.  The provisions of this section shall apply only to titles 1 to 11,
  inclusive, and title 19 of this article.
2. All orders or determinations of the commissioner or the  department
  shall  be  subject  to  review  as  provided  in article 78 of the Civil
  Practice Law and Rules. Application for such review must be made  within
  sixty  days  after  service  in  person  or  by  mail  of  a copy of the
  determination, or decision upon the attorney of record of the  applicant
  and  of  each  person  who  has  filed a notice of appearance, or to the
  applicant in person directly if not represented by an attorney.
3. Where a review as provided by article 78 of the Civil Practice  Law
  and  Rules  is not maintainable, either because the person aggrieved was
  not a party to the original proceedings, or for  any  other  reason,  an
  order  or determination of the former water pollution control board, the
  former water resources commission, the department  or  the  commissioner
  may nevertheless be reviewed as hereinafter provided:
a.  Application  for  relief  shall be made by special proceeding. The
  petition shall be verified and shall set forth that  the  classification
  of  waters,  standards  of  quality  and purity thereof, or the finding,
  determination, decision or order sought to be reviewed  is  illegal,  in
  whole  or  in part, and specify the grounds of the illegality; it may be
  accompanied by affidavits and other written proof, and shall demand  the
  relief  to  which  the  petitioner  supposes  himself  entitled,  in the
  alternative or otherwise. Such petition may be made  by  any  person  or
  persons  jointly  or  severally aggrieved by a denial or revocation of a
  permit or by any decision of the former Water Pollution  Control  Board,
  the   former   Water   Resources  Commission,  the  department,  or  the
  commissioner or any act of the executive secretary  or  other  agent  or
  person  acting in the name of such board, commission, department, or the
  commissioner whether or not such petitioner is or was  a  party  to  the
  proceedings sought to be reviewed.
b.  A proceeding brought under the provisions of this subdivision must
  be instituted by service of the petition and notices of application  for
  relief,  within  four months after publication as herein provided of the
  classification of waters or the  standards  of  purity  and  quality  of
  waters, or after the finding, determination, decision or order sought to
  be  reviewed becomes final and binding upon the petitioner or the person
  whom he represents, either in law  or  in  fact;  or  with  the  court's
  permission  within two years, where the petitioner or the person whom he
  represents, at the time such determination became final and binding upon
  him, was under  the  age  of  twenty-one  years,  or  mentally  ill,  or
  imprisoned  on  a  criminal  charge or sentenced for a term of less than
  life.
c. In all other respects the procedure  prescribed  in  subdivision  2
  shall be applicable to a review provided by this subdivision.