Legislation
SECTION 17-1731
Revocation or modification of permits
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 17, TITLE 17
* 17-1731. Revocation or modification of permits.
1. Every permit for the discharge of sewage from a sewer system or for
the discharge of refuse or waste matter from a shop, factory, mill or
industrial establishment, shall when necessary to conserve the public
health, be revocable or subject to modification or change by the
commissioner on due notice after an investigation and hearing and an
opportunity for all interested therein to be heard thereon being served
on the public authorities of the municipality owning and maintaining the
sewer system, or on the proprietor, lessee or tenant of the shop,
factory, mill or industrial establishment.
2. Plans for any such modification shall be submitted to and approved
by the department.
3. The length of the time after receipt of the notice within which the
discharge of sewage or of refuse or waste matter shall be discontinued
may be stated in the permit, but in no case shall it exceed two years in
the case of a sewer system, or one year in the case of a shop, factory,
mill or industrial establishment, and if the length of time is not
specified in the permit, it shall be one year in the case of a sewer
system, and six months in the case of a shop, factory, mill or
industrial establishment.
4. On the expiration of the period of time prescribed after the
service of a notice of revocation, modification or change from the
commissioner, the right to discharge sewage or refuse or waste matter
into any of the waters of the state shall cease and terminate and the
prohibition of section 17-1701 against such discharge shall be in full
force as though no permit had been granted, but a new permit may
thereafter again be granted as hereinbefore provided.
* NB Expired September 1, 1973
1. Every permit for the discharge of sewage from a sewer system or for
the discharge of refuse or waste matter from a shop, factory, mill or
industrial establishment, shall when necessary to conserve the public
health, be revocable or subject to modification or change by the
commissioner on due notice after an investigation and hearing and an
opportunity for all interested therein to be heard thereon being served
on the public authorities of the municipality owning and maintaining the
sewer system, or on the proprietor, lessee or tenant of the shop,
factory, mill or industrial establishment.
2. Plans for any such modification shall be submitted to and approved
by the department.
3. The length of the time after receipt of the notice within which the
discharge of sewage or of refuse or waste matter shall be discontinued
may be stated in the permit, but in no case shall it exceed two years in
the case of a sewer system, or one year in the case of a shop, factory,
mill or industrial establishment, and if the length of time is not
specified in the permit, it shall be one year in the case of a sewer
system, and six months in the case of a shop, factory, mill or
industrial establishment.
4. On the expiration of the period of time prescribed after the
service of a notice of revocation, modification or change from the
commissioner, the right to discharge sewage or refuse or waste matter
into any of the waters of the state shall cease and terminate and the
prohibition of section 17-1701 against such discharge shall be in full
force as though no permit had been granted, but a new permit may
thereafter again be granted as hereinbefore provided.
* NB Expired September 1, 1973