§ 19-0305 — Commissioner; enforcement power

§ 19-0305. Commissioner; enforcement power.\n 1. The commissioner is hereby authorized to enforce the codes, rules\nand regulations of the department established in accordance with this\narticle.\n 2. In addition to the powers otherwise granted under this article, and\nin accordance with the policies of department, the commissioner shall\nhave power to:\n a. Enter and inspect any property, premise or place and stop, detain\nand inspect any motor vehicle for the purpose of investigating either an\nactual or suspected source of air pollution or air contamination or for\nthe purpose of ascertaining compliance or noncompliance with any code,\nrule or regulation which may be promulgated under this article. Any\ninformation relating to secret processes, or methods of manufacture, or\nproduction obtained in the course of the inspection or investigation\nshall be kept confidential, provided that the quantity and physical and\nchemical characteristics of actual and allowable air contaminant\nemissions shall be considered public information. If samples of air or\nair contaminants are taken for analysis during any inspection made on\nthe premises of a person who is suspected of causing air pollution or\nair contamination or during the inspection of a motor vehicle, a\nduplicate of the analytical report shall be furnished promptly to such\nperson or the owner of such motor vehicle.\n b. Conduct or cause to be conducted studies and research with respect\nto air pollution control, abatement or prevention.\n c. Conduct and supervise programs of air pollution control education\nincluding the preparation and distribution of information relating to\nair pollution control.\n d. Determine by means of field studies and sampling the degree of air\npollution in New York state.\n e. Provide advisory technical consultation services to local\ncommunities.\n f. Develop and conduct demonstration programs in cooperation with\nlocal communities.\n g. Promote the establishment of local laboratory facilities including\nessential instrumentation.\n h. Provide facilities and staff for training personnel of local\ncommunities in the principles of air sanitation.\n i. Serve as the agent of the state for the receipt of monies from the\nfederal government or other public or private agencies and to expend\nsuch monies after appropriation thereof for the purpose of air pollution\ncontrol studies or research.\n j. Consider for approval or disapproval applications for permits and\ncertificates including plans or specifications for air contamination\nsources and air cleaning installations or any part thereof submitted\nconsistent with the rules of the department, and inspect the\ninstallation for compliance with the plans or specifications; provided\nthat in the case of a major steam electric generating facility, as\ndefined in former section one hundred forty of the public service law,\nfor which a certificate is required pursuant to the former article eight\nof the public service law, or a major electric generating facility as\ndefined in section one hundred sixty of the public service law, for\nwhich a certificate is required pursuant to article ten of the public\nservice law, such approval functions may be performed by the state board\non electric generation siting and the environment, as defined in the\npublic service law, pursuant to federally delegated or approved\nenvironmental permitting authority, and such inspection functions shall\nbe performed by the department. Nothing herein shall limit the authority\nof the department of health and the department to monitor the\nenvironmental and health impacts resulting from the operation of such\nmajor steam electric generating facility and to enforce applicable\nprovisions of the public health law and this chapter and the terms and\nconditions of the certificate governing the environmental and health\nimpacts resulting from such operation.\n k. Approve types of crankcase ventilating systems and air contaminant\nemission control systems pursuant to standards promulgated by the\ndepartment, in accordance with the Vehicle and Traffic Law.\n l. Do such other things as he may deem necessary, proper or desirable\nin order that he may enforce codes, rules or regulations which have been\npromulgated under this article.\n