Legislation
SECTION 21-0513
Hearings
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 21, TITLE 5
§ 21-0513. Hearings.
Whenever the commission shall determine upon investigation that sewage
or other polluting matter from any city, village, town, county, borough,
municipality or other entity, as defined in the compact, building,
steamboat, or other vessel, or any garbage, offal or any decomposable or
putrescible matter of any kind is being discharged into any waters of
the district, and whenever in the opinion of the commission such
discharge is polluting such waters in a manner injurious to or so as to
create a menace to public health, welfare and recreational purposes, or
so as to create a public nuisance, or so as to be obnoxious, the
commission may order the municipality, corporation or person so
discharging sewage, refuse or other matter, to show cause before it or
its duly designated representative why such discharge should not be
discontinued or why said commission should not issue an order regulating
such pollution. A notice shall be served on the municipality,
corporation or person so discharging sewage, refuse or other matter,
directing such municipality, corporation or person to show cause before
the said commission on a date specified in such notice why an order
should not be made directing the discontinuance of such discharge or
otherwise regulating the said pollution. Such notice shall specify the
time when and place where a public hearing will be held by the
commission or its duly delegated representative and shall be served
personally, or by mail at least fifteen days before said hearing, and in
case of a municipality or a corporation, such service shall be upon an
officer thereof. The person or persons presiding at such hearing shall
take evidence, and after conducting such public hearing, the commission
shall by order prescribe a reasonable date on or before which such
municipality, corporation or person discharging sewage, refuse or other
matter into the designated waters within the district, shall cease to
discharge such refuse or other matter and shall treat such sewage in
accordance with the standards specified in the compact, and such order
may prescribe that certain specific progress shall be made at definite
times prior to the final date fixed in such order. The commission shall
have authority to require from the officials and persons responsible for
the execution of such orders satisfactory evidence at specified times of
proper progress in the execution of such orders.
Whenever the commission shall determine upon investigation that sewage
or other polluting matter from any city, village, town, county, borough,
municipality or other entity, as defined in the compact, building,
steamboat, or other vessel, or any garbage, offal or any decomposable or
putrescible matter of any kind is being discharged into any waters of
the district, and whenever in the opinion of the commission such
discharge is polluting such waters in a manner injurious to or so as to
create a menace to public health, welfare and recreational purposes, or
so as to create a public nuisance, or so as to be obnoxious, the
commission may order the municipality, corporation or person so
discharging sewage, refuse or other matter, to show cause before it or
its duly designated representative why such discharge should not be
discontinued or why said commission should not issue an order regulating
such pollution. A notice shall be served on the municipality,
corporation or person so discharging sewage, refuse or other matter,
directing such municipality, corporation or person to show cause before
the said commission on a date specified in such notice why an order
should not be made directing the discontinuance of such discharge or
otherwise regulating the said pollution. Such notice shall specify the
time when and place where a public hearing will be held by the
commission or its duly delegated representative and shall be served
personally, or by mail at least fifteen days before said hearing, and in
case of a municipality or a corporation, such service shall be upon an
officer thereof. The person or persons presiding at such hearing shall
take evidence, and after conducting such public hearing, the commission
shall by order prescribe a reasonable date on or before which such
municipality, corporation or person discharging sewage, refuse or other
matter into the designated waters within the district, shall cease to
discharge such refuse or other matter and shall treat such sewage in
accordance with the standards specified in the compact, and such order
may prescribe that certain specific progress shall be made at definite
times prior to the final date fixed in such order. The commission shall
have authority to require from the officials and persons responsible for
the execution of such orders satisfactory evidence at specified times of
proper progress in the execution of such orders.