2023 New York Laws › PBH - Public Health › Article 11 - Public Water Supplies; Sewerage and Sewage Control › Title 1 - Potable Waters › 1102 - Violation; Injunction and Abatement.

§  1102.  Violation;  injunction  and  abatement. 1. If any inspection
discloses a violation of any rule or regulation promulgated pursuant  to
section one thousand one hundred of this chapter relating to a temporary
or permanent source or act of contamination, the person, officer, board,
or  commission  having  the  management and control of the potable water
supply of the municipality, state or United  States  institution,  park,
reservation  or  post,  and in the city of New York, the commissioner of
environmental protection, and the board of water supply of the  city  of
New  York,  or the corporation furnishing such supply shall cause a copy
of the rule  or  regulation  violated  to  be  served  upon  the  person
violating  the  same,  with  a  notice  of such violation. If the person
served does not comply immediately with the rule or regulation violated,
such person, officer, board, corporation or commission, except in a case
concerning the violation of a rule or regulation relating to a temporary
or permanent source or act of contamination affecting the potable  water
supply  of  the  city  of  New  York, shall notify the department of the
violation.
2. (a) Upon being notified of any violation as  herein  provided,  the
department  shall  examine  immediately  into such violation; and if the
department finds such rule or regulation  to  have  been  violated,  the
commissioner  shall  order  the  local  board  of  health  of the health
district wherein the violation or noncompliance occurs, to  convene  and
enforce compliance with such rule or regulation.
(b)  If  the  local board of health of the health district wherein the
violation or noncompliance occurs, fails to enforce  the  order  of  the
commissioner   within  ten  days  after  its  receipt,  the  corporation
furnishing such water supply  or  the  municipality,  state,  or  United
States  or state or United States institution, park, reservation or post
deriving its water  supply  from  the  waters  to  which  such  rule  or
regulation relates, or the commissioner, or the local board of health of
the health district wherein the water supply protected by these rules is
used,  or  any  person interested in the protection of the purity of the
water supply, may maintain an action in a court of record which shall be
tried in the county where the cause of action arose against such person,
for the recovery of the penalties incurred by such violation, and for an
injunction restraining the person violating such rule or regulation from
the continued violation thereof.
3. (a) If the person served with notice of violation does  not  comply
within five days with the rule or regulation violated, in case such rule
or  regulation  relates  to  a  temporary  or permanent source or act of
contamination affecting the potable water supply  of  the  city  of  New
York,  the commissioner of environmental protection of said city, or the
board of water supply of the city of New  York,  may  summarily  enforce
compliance  with  such  rule  or  regulation  and may summarily abate or
remove the cause of the violation of such  rule  or  regulation  or  the
nuisance  so  created,  and  to that end may employ such force as may be
necessary and proper; provided, however, that no building or improvement
shall be removed, disturbed or destroyed by  the  said  commissioner  of
environmental  protection  or the said board of water supply until he or
they  shall  cause  measurements  to  be  made  of  the  buildings   and
photographs  of  the  exterior  views  thereof,  which  measurements and
photographs shall be at the disposition  thereafter  of  the  owners  or
their  attorneys,  and failure to exercise such right of abatement shall
not be deemed a waiver thereof.
(b) Failure to comply within five days with such  rule  or  regulation
shall  further entitle the city of New York to maintain an action in any
court having jurisdiction thereof for  the  recovery  of  the  penalties
incurred  by  such  violation  in  an  amount  authorized by section one

thousand  one  hundred  three  of  this  title  and  for  an  injunction
restraining  the  person  from  violating  such  rule  or regulation, or
creating or continuing such nuisance. The  remedy  by  abatement  herein
provided for shall not be construed to be exclusive.