2023 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 this
article.
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.