2023 New York Laws › ENV - Environmental Conservation › Article 17 - Water Pollution Control › Title 9 - Procedure › 17-0905 - Proceedings Before the Commissioner.

§ 17-0905. Proceedings before the commissioner.
1.  The  commissioner  may,  on  his  own  motion, investigate or make
  inquiry, in a manner to be determined by him, as to the condition of any
  of the waters of the state and as to any alleged  act  of  pollution  or
  omission  or  failure  to  comply with any provisions of titles 1 to 11,
  inclusive, or title 19 of this article.
2. Whenever it shall appear to the commissioner, after  investigation,
  that  there has been a violation of any of the provisions of titles 1 to
  11, inclusive, or title 19 of this article, he shall give written notice
  to the alleged violator or violators setting forth any thing or act done
  or omitted to be done  or  claimed  to  be  in  violation  of  any  such
  provisions,  and  requiring that the matters complained of be corrected,
  or that the alleged violator appear in person or by attorney before  the
  commisisoner  or  his  duly  designated  representative, at the time and
  place in said notice specified, and answer the charges complained of.
3. Whenever it shall appear to the commissioner, after  investigation,
  that industrial or other wastes turned or allowed to run into a sewer or
  sewage  disposal  system,  the content of which ultimately is discharged
  into the waters of the state, is a cause or contributes to the pollution
  of the said waters, he shall also notify the person or  persons  allowed
  to  be  responsible  for the discharge of the industrial or other wastes
  into the sewer or sewage disposal system of any  alleged  violations  on
  his or their part and shall notify him or them to appear at said hearing
  and answer the charges made against him or them.
4. At least twenty days' notice of such hearing shall be given.
5.  Upon  the  return  day of such notice the person so notified shall
  file with the commissioner a statement setting forth the position of the
  person so notified, the answer, if any, to the charges made against him,
  the methods, practices and procedures, if any, which are being taken  to
  prevent  polluting  discharges into the waters of the state or the sewer
  or sewage disposal system which ultimately empties into said waters, and
  any other defenses or information pertinent to the case.  Pertinent  and
  relevant  testimony  of  witnesses  shall  be  received in support of or
  opposition to said statement.
6. The burden of proof with respect  to  violations  of  or  liability
  imposed  by  titles  1  to  11,  inclusive, and title 19 of this article
  shall, except as otherwise provided in  section  71-1941,  be  upon  the
  department.
7.  After  due  consideration  of the written and oral statements, and
  testimony and arguments filed pursuant to subdivision  5  above,  or  on
  default in appearance on said return day, the commissioner may issue and
  enter  such  final  order  or  make such final determination as he deems
  appropriate under the circumstances, and shall  notify  such  person  or
  persons thereof in writing, personally, or by registered mail.