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

article.

1. The provisions of this section shall apply only to titles 1 to 11,
inclusive, and title 19 of this article.

2. The department shall have administrative jurisdiction to abate and
prevent the pollution of waters of the state in the manner herein
provided in accordance with the classification of waters adopted by the
department pursuant to section 17-0301 and in accordance with standards,
criteria, limitations, rules and regulations and permit conditions
adopted, promulgated or applied by the department pursuant to title 8
hereof.

3. The department, acting through the commissioner may, from time to
time, adopt, amend, or cancel administrative rules and regulations
governing the procedure to be followed with respect to hearing, filing
of reports, the issuance of permits, and all other matters relating to
procedure, and generally, may make such administrative rules and
regulations, and do and perform any and all acts, not inconsistent with
the provisions of this article listed in subdivision 1 of this section,
as may be necessary or proper to carry into effect such provisions of
this article listed in subdivision 1 of this section, and may make,
amend and repeal rules and regulations for the storage of liquids likely
to pollute the waters of the state including, but not limited to,
standards for the construction, installation, maintenance, protection
and diking of tanks used to store any such liquids and their associated
structures, piping, valves, fittings, fixtures and outlets, in
conjunction with the promulgation of which, the commissioner shall
consider codes and practices of industries concerned with the handling
and storage of such liquids and the time required for persons engaged in
such industries to conform with such rules and regulations. Such rules
and regulations, before becoming effective, shall be filed with the
secretary of state for publication in the "Official Compilation of
Codes, Rules and Regulations of the State of New York" published
pursuant to section 120 of the Executive Law.

4. The commissioner is hereby authorized to:

a. Hold public hearings, receive pertinent and relevant proof from any
party in interest who appears at such hearing, compel the attendance of
witnesses, make findings of fact and determinations, and asssess such
penalties therefor as are hereinafter prescribed, all with respect to
the violations of the provisions of this article listed in subdivision 1
of this section, or the orders issued by the commissioner;

b. Make, modify or cancel orders requiring the discontinuance of the
discharge of sewage, industrial waste or other wastes into any waters of
the state in accordance with the provisions of this article listed in
subdivision 1 of this section, and specifying the conditions and time
within which such discontinuance must be accomplished.

c. Institute or cause to be instituted in a court of competent
jurisdiction proceedings to compel compliance with the provisions of
this article listed in subdivision 1 of this section or the
determinations and orders of the commissioner;

d. Issue or deny permits, under such conditions as may be prescribed
for the prevention and abatement of pollution, for the discharge of
sewage, industrial waste or other wastes, or for the installation or
operation of disposal systems or parts thereof;

e. Continue any permit heretofore or hereafter issued under the
provisions of this article listed in subdivision 1 of this section, or
under the authority of laws previously enacted and thereafter repealed,
whenever, after hearing thereon, the commissioner determines that such
continuation is necessary or desirable to prevent or abate pollution of
any waters of the state;

f. Revoke or modify any construction, operating or discharge permit
heretofore or hereafter issued under the provisions of this article
listed in subdivision 1 of this section, or under the authority of laws
previously enacted and thereafter repealed, whenever, after hearing
thereon, the commissioner determines that such revocation or
modification is necessary or desirable to prevent or abate pollution of
any waters of the state provided, however, that the hearing required
under this paragraph may be waived in writing by the applicant or
permitees;

g. Conduct such investigations as may be deemed advisable and
necessary to carry out the intents and purposes of the provisions of
this article listed in subdivision 1 of this section;

h. Settle or compromise, with the approval of the attorney general,
any action or cause of action for the recovery of a penalty under the
provisions of this article listed in subdivision 1 of this section as he
may deem advantageous to the state;

i. Perform such other and further acts as may be necessary, proper or
desirable, to carry out effectively the duties and responsibilities
prescribed in the provisions of this article listed in subdivision 1 of
this section.

5. It shall be the duty and responsibility of the department to:

a. Encourage voluntary cooperation by all persons in preventing and
abating pollution of the waters of the state;

b. Encourage the formulation and execution of plans by cooperative
groups or associations of municipalities, industries, and other users of
the waters who, severally or jointly, are or may be the source of
pollution in the same waters, for the prevention and abatement of
pollution;

c. Cooperate with the appropriate agencies of the United States or
other states, or any interstate agencies in respect to pollution control
matters, or for the formulation for submission to the legislature of
interstate pollution control compacts or agreements;

d. Conduct or cause to be conducted studies and research, and provide
services by itself or in cooperation with federal, interstate, state or
municipal agencies, with respect to pollution abatement or control
problems, disposal systems, and treatment of sewage, industrial waste
and other wastes, which shall include but not be limited to (1) advances
in effectiveness and economies in waste water treatment and plant design
and operation, (2) feasible and economical means for providing sewers
and sewage treatment works for small communities, (3) economical means
for future incorporation of separate sewer service units into area-wide
systems, (4) studies of selected problems, such as industrial wastes and
changing sewage characteristics, (5) development of a data processing
system for periodic determination of the status of water pollution
control throughout the state, (6) provision of advisory services for
municipal officials in relation to sewage problems, including
information material concerning planning, construction and operation,
financial assistance programs and methods of defraying the costs of
sewers and sewage treatment plants, and (7) assimilative capacities of
streams, lakes and other waters of the state;

e. Prepare and develop a general comprehensive plan for the abatement
of existing pollution and the prevention of new pollution, by the
installation, use, and operation of practical and available systems,
methods and means for controlling pollution, recognizing different
requirements for separate waters and for different segments of the same
waters;

f. Require to be submitted to it, and to consider for approval, plans
for disposal systems or any part thereof, and to inspect the
construction thereof for compliance with the approved plans;

g. Serve as an agency of the state for the receipt of moneys from the
federal government, or other public or private agencies, and to expend
the same, after appropriation therefor, for the purpose of pollution
control, studies or research.

h. Establish a water quality surveillance network with sufficient
stations and sampling schedule to meet the needs of the state, including
ground water and surface water, both fresh and salt, and publish the
results of such water quality surveillance network periodically;

i. Develop a public education and promotion program to aid and assist
public officials in publicizing needs and securing support for pollution
control action;

j. Prepare an annual report on the status of the water pollution
control program, covering all phases of the program;

l. Promulgate rules, regulations and standards, subject to the
requirements of subdivision 3 of section 17-0303, providing for the
testing and measuring of sewage, industrial waste or other wastes, at
their outlet or point source into waters of the state, and further
providing for the maintaining of a permanent record of the resulting
data, and periodically reporting such record to the commissioner,
subject to the restriction set forth in subdivision 6 of section
17-0303.

6. The commissioner, or his authorized representative, shall have the
right to enter at all reasonable times in or upon any property, public
or private, for the purpose of inspecting and investigating conditions
relating to pollution, or the possible pollution of any waters of the
state, which inspection or examination does not involve confidential
information relating to secret processes or economics of operation.

7. The commissioner, or his authorized representative may examine any
records or memoranda pertaining to the operation of a disposal system or
treatment works which examination does not involve confidential
information relating to secret processes or to economics of operation.

8. The commissioner, or his or her authorized representative, shall
disclose to the public the date, location and source of a petroleum
spill, including, but not limited to, information pertaining to the
cleanup of such spill and the presence of methyl tertiary butyl ether
(MTBE). In the event of such spill, the department shall post such
information on its website within a reasonable period of time, including
additional related information as soon thereafter as it becomes
available.