§ 17-0303 — General powers and duties applicable to portions of this article

§ 17-0303. General powers and duties applicable to portions of this\n article.\n 1. The provisions of this section shall apply only to titles 1 to 11,\ninclusive, and title 19 of this article.\n 2. The department shall have administrative jurisdiction to abate and\nprevent the pollution of waters of the state in the manner herein\nprovided in accordance with the classification of waters adopted by the\ndepartment pursuant to section 17-0301 and in accordance with standards,\ncriteria, limitations, rules and regulations and permit conditions\nadopted, promulgated or applied by the department pursuant to title 8\nhereof.\n 3. The department, acting through the commissioner may, from time to\ntime, adopt, amend, or cancel administrative rules and regulations\ngoverning the procedure to be followed with respect to hearing, filing\nof reports, the issuance of permits, and all other matters relating to\nprocedure, and generally, may make such administrative rules and\nregulations, and do and perform any and all acts, not inconsistent with\nthe provisions of this article listed in subdivision 1 of this section,\nas may be necessary or proper to carry into effect such provisions of\nthis article listed in subdivision 1 of this section, and may make,\namend and repeal rules and regulations for the storage of liquids likely\nto pollute the waters of the state including, but not limited to,\nstandards for the construction, installation, maintenance, protection\nand diking of tanks used to store any such liquids and their associated\nstructures, piping, valves, fittings, fixtures and outlets, in\nconjunction with the promulgation of which, the commissioner shall\nconsider codes and practices of industries concerned with the handling\nand storage of such liquids and the time required for persons engaged in\nsuch industries to conform with such rules and regulations. Such rules\nand regulations, before becoming effective, shall be filed with the\nsecretary of state for publication in the "Official Compilation of\nCodes, Rules and Regulations of the State of New York" published\npursuant to section 120 of the Executive Law.\n 4. The commissioner is hereby authorized to:\n a. Hold public hearings, receive pertinent and relevant proof from any\nparty in interest who appears at such hearing, compel the attendance of\nwitnesses, make findings of fact and determinations, and asssess such\npenalties therefor as are hereinafter prescribed, all with respect to\nthe violations of the provisions of this article listed in subdivision 1\nof this section, or the orders issued by the commissioner;\n b. Make, modify or cancel orders requiring the discontinuance of the\ndischarge of sewage, industrial waste or other wastes into any waters of\nthe state in accordance with the provisions of this article listed in\nsubdivision 1 of this section, and specifying the conditions and time\nwithin which such discontinuance must be accomplished.\n c. Institute or cause to be instituted in a court of competent\njurisdiction proceedings to compel compliance with the provisions of\nthis article listed in subdivision 1 of this section or the\ndeterminations and orders of the commissioner;\n d. Issue or deny permits, under such conditions as may be prescribed\nfor the prevention and abatement of pollution, for the discharge of\nsewage, industrial waste or other wastes, or for the installation or\noperation of disposal systems or parts thereof;\n e. Continue any permit heretofore or hereafter issued under the\nprovisions of this article listed in subdivision 1 of this section, or\nunder the authority of laws previously enacted and thereafter repealed,\nwhenever, after hearing thereon, the commissioner determines that such\ncontinuation is necessary or desirable to prevent or abate pollution of\nany waters of the state;\n f. Revoke or modify any construction, operating or discharge permit\nheretofore or hereafter issued under the provisions of this article\nlisted in subdivision 1 of this section, or under the authority of laws\npreviously enacted and thereafter repealed, whenever, after hearing\nthereon, the commissioner determines that such revocation or\nmodification is necessary or desirable to prevent or abate pollution of\nany waters of the state provided, however, that the hearing required\nunder this paragraph may be waived in writing by the applicant or\npermitees;\n g. Conduct such investigations as may be deemed advisable and\nnecessary to carry out the intents and purposes of the provisions of\nthis article listed in subdivision 1 of this section;\n h. Settle or compromise, with the approval of the attorney general,\nany action or cause of action for the recovery of a penalty under the\nprovisions of this article listed in subdivision 1 of this section as he\nmay deem advantageous to the state;\n i. Perform such other and further acts as may be necessary, proper or\ndesirable, to carry out effectively the duties and responsibilities\nprescribed in the provisions of this article listed in subdivision 1 of\nthis section.\n 5. It shall be the duty and responsibility of the department to:\n a. Encourage voluntary cooperation by all persons in preventing and\nabating pollution of the waters of the state;\n b. Encourage the formulation and execution of plans by cooperative\ngroups or associations of municipalities, industries, and other users of\nthe waters who, severally or jointly, are or may be the source of\npollution in the same waters, for the prevention and abatement of\npollution;\n c. Cooperate with the appropriate agencies of the United States or\nother states, or any interstate agencies in respect to pollution control\nmatters, or for the formulation for submission to the legislature of\ninterstate pollution control compacts or agreements;\n d. Conduct or cause to be conducted studies and research, and provide\nservices by itself or in cooperation with federal, interstate, state or\nmunicipal agencies, with respect to pollution abatement or control\nproblems, disposal systems, and treatment of sewage, industrial waste\nand other wastes, which shall include but not be limited to (1) advances\nin effectiveness and economies in waste water treatment and plant design\nand operation, (2) feasible and economical means for providing sewers\nand sewage treatment works for small communities, (3) economical means\nfor future incorporation of separate sewer service units into area-wide\nsystems, (4) studies of selected problems, such as industrial wastes and\nchanging sewage characteristics, (5) development of a data processing\nsystem for periodic determination of the status of water pollution\ncontrol throughout the state, (6) provision of advisory services for\nmunicipal officials in relation to sewage problems, including\ninformation material concerning planning, construction and operation,\nfinancial assistance programs and methods of defraying the costs of\nsewers and sewage treatment plants, and (7) assimilative capacities of\nstreams, lakes and other waters of the state;\n e. Prepare and develop a general comprehensive plan for the abatement\nof existing pollution and the prevention of new pollution, by the\ninstallation, use, and operation of practical and available systems,\nmethods and means for controlling pollution, recognizing different\nrequirements for separate waters and for different segments of the same\nwaters;\n f. Require to be submitted to it, and to consider for approval, plans\nfor disposal systems or any part thereof, and to inspect the\nconstruction thereof for compliance with the approved plans;\n g. Serve as an agency of the state for the receipt of moneys from the\nfederal government, or other public or private agencies, and to expend\nthe same, after appropriation therefor, for the purpose of pollution\ncontrol, studies or research.\n h. Establish a water quality surveillance network with sufficient\nstations and sampling schedule to meet the needs of the state, including\nground water and surface water, both fresh and salt, and publish the\nresults of such water quality surveillance network periodically;\n i. Develop a public education and promotion program to aid and assist\npublic officials in publicizing needs and securing support for pollution\ncontrol action;\n j. Prepare an annual report on the status of the water pollution\ncontrol program, covering all phases of the program;\n l. Promulgate rules, regulations and standards, subject to the\nrequirements of subdivision 3 of section 17-0303, providing for the\ntesting and measuring of sewage, industrial waste or other wastes, at\ntheir outlet or point source into waters of the state, and further\nproviding for the maintaining of a permanent record of the resulting\ndata, and periodically reporting such record to the commissioner,\nsubject to the restriction set forth in subdivision 6 of section\n17-0303.\n 6. The commissioner, or his authorized representative, shall have the\nright to enter at all reasonable times in or upon any property, public\nor private, for the purpose of inspecting and investigating conditions\nrelating to pollution, or the possible pollution of any waters of the\nstate, which inspection or examination does not involve confidential\ninformation relating to secret processes or economics of operation.\n 7. The commissioner, or his authorized representative may examine any\nrecords or memoranda pertaining to the operation of a disposal system or\ntreatment works which examination does not involve confidential\ninformation relating to secret processes or to economics of operation.\n 8. The commissioner, or his or her authorized representative, shall\ndisclose to the public the date, location and source of a petroleum\nspill, including, but not limited to, information pertaining to the\ncleanup of such spill and the presence of methyl tertiary butyl ether\n(MTBE). In the event of such spill, the department shall post such\ninformation on its website within a reasonable period of time, including\nadditional related information as soon thereafter as it becomes\navailable.\n