§ 21-0513 — Hearings

New York § 21-0513

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 5: Tri-state Compact and Interstate Environmental Commission
• Art. 21: Pollution Control Compacts

Text

§ 21-0513. Hearings.\n Whenever the commission shall determine upon investigation that sewage\nor other polluting matter from any city, village, town, county, borough,\nmunicipality or other entity, as defined in the compact, building,\nsteamboat, or other vessel, or any garbage, offal or any decomposable or\nputrescible matter of any kind is being discharged into any waters of\nthe district, and whenever in the opinion of the commission such\ndischarge is polluting such waters in a manner injurious to or so as to\ncreate a menace to public health, welfare and recreational purposes, or\nso as to create a public nuisance, or so as to be obnoxious, the\ncommission may order the municipality, corporation or person so\ndischarging sewage, refuse or other matter, to show cause before it or\nits duly designated representative why such discharge should not be\ndiscontinued or why said commission should not issue an order regulating\nsuch pollution. A notice shall be served on the municipality,\ncorporation or person so discharging sewage, refuse or other matter,\ndirecting such municipality, corporation or person to show cause before\nthe said commission on a date specified in such notice why an order\nshould not be made directing the discontinuance of such discharge or\notherwise regulating the said pollution. Such notice shall specify the\ntime when and place where a public hearing will be held by the\ncommission or its duly delegated representative and shall be served\npersonally, or by mail at least fifteen days before said hearing, and in\ncase of a municipality or a corporation, such service shall be upon an\nofficer thereof. The person or persons presiding at such hearing shall\ntake evidence, and after conducting such public hearing, the commission\nshall by order prescribe a reasonable date on or before which such\nmunicipality, corporation or person discharging sewage, refuse or other\nmatter into the designated waters within the district, shall cease to\ndischarge such refuse or other matter and shall treat such sewage in\naccordance with the standards specified in the compact, and such order\nmay prescribe that certain specific progress shall be made at definite\ntimes prior to the final date fixed in such order. The commission shall\nhave authority to require from the officials and persons responsible for\nthe execution of such orders satisfactory evidence at specified times of\nproper progress in the execution of such orders.\n