State Codes and Statutes

Statutes > New-york > Env > Article-17 > Title-17 > 17-1717

* § 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

State Codes and Statutes

Statutes > New-york > Env > Article-17 > Title-17 > 17-1717

* § 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

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Env > Article-17 > Title-17 > 17-1717

* § 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