§ 17-0909 — Review by courts

§ 17-0909. Review by courts.\n 1. The provisions of this section shall apply only to titles 1 to 11,\ninclusive, and title 19 of this article.\n 2. All orders or determinations of the commissioner or the department\nshall be subject to review as provided in article 78 of the Civil\nPractice Law and Rules. Application for such review must be made within\nsixty days after service in person or by mail of a copy of the\ndetermination, or decision upon the attorney of record of the applicant\nand of each person who has filed a notice of appearance, or to the\napplicant in person directly if not represented by an attorney.\n 3. Where a review as provided by article 78 of the Civil Practice Law\nand Rules is not maintainable, either because the person aggrieved was\nnot a party to the original proceedings, or for any other reason, an\norder or determination of the former water pollution control board, the\nformer water resources commission, the department or the commissioner\nmay nevertheless be reviewed as hereinafter provided:\n a. Application for relief shall be made by special proceeding. The\npetition shall be verified and shall set forth that the classification\nof waters, standards of quality and purity thereof, or the finding,\ndetermination, decision or order sought to be reviewed is illegal, in\nwhole or in part, and specify the grounds of the illegality; it may be\naccompanied by affidavits and other written proof, and shall demand the\nrelief to which the petitioner supposes himself entitled, in the\nalternative or otherwise. Such petition may be made by any person or\npersons jointly or severally aggrieved by a denial or revocation of a\npermit or by any decision of the former Water Pollution Control Board,\nthe former Water Resources Commission, the department, or the\ncommissioner or any act of the executive secretary or other agent or\nperson acting in the name of such board, commission, department, or the\ncommissioner whether or not such petitioner is or was a party to the\nproceedings sought to be reviewed.\n b. A proceeding brought under the provisions of this subdivision must\nbe instituted by service of the petition and notices of application for\nrelief, within four months after publication as herein provided of the\nclassification of waters or the standards of purity and quality of\nwaters, or after the finding, determination, decision or order sought to\nbe reviewed becomes final and binding upon the petitioner or the person\nwhom he represents, either in law or in fact; or with the court's\npermission within two years, where the petitioner or the person whom he\nrepresents, at the time such determination became final and binding upon\nhim, was under the age of twenty-one years, or mentally ill, or\nimprisoned on a criminal charge or sentenced for a term of less than\nlife.\n c. In all other respects the procedure prescribed in subdivision 2\nshall be applicable to a review provided by this subdivision.\n