N.Y. Environmental Conservation Law Section 17-1717
Order to discontinue pollution of waters


1.

Whenever the commissioner shall determine upon investigation that sewage from any city, village, town, building, steamboat or other vessel, or property, or any garbage, offal or any decomposable or putrescible matter of any kind is being discharged into any of the waters of the state, which shall include all streams and springs and all bodies of surface and ground water, whether natural or artificial, within or upon the boundaries of the state, and when, in the opinion of the commissioner, such discharge is polluting such waters in a manner injurious to or so as to create a menace to health, or so as to create a public nuisance, he may order the municipality, corporation or person so discharging sewage, refuse or other matter, to show cause before him why such discharge should not be discontinued.

2.

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 commissioner on a date specified in such notice why an order should not be made directing the discontinuance of such discharge. Such notice shall specify the time when and place where a public hearing will be held by the commissioner and notice of such hearing shall be published at least twice in a newspaper of the city, village, town or county where such discharge occurs, and shall be served personally or by mail at least fifteen days before said hearing and in the case of a municipality or a corporation such service shall be upon an officer thereof.

3.

The commissioner shall take evidence in regard to said matter and he may issue an order to the municipality, corporation or person responsible for such discharge, directing that within a specified period of time thereafter such discharge be discontinued, and such proper method of treatment or disposal of such sewage, refuse or waste matter be installed as shall be approved by the department.

4.

Such order shall not be valid until approved by the Governor and the Attorney General, and when so approved it shall be the duty of the Attorney General to enforce such order.

5.

Such means or method for the treatment or disposal of sewage, refuse or other matter must be executed, completed and put in operation within the time fixed in the order.

6.

The commissioner 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, and may stipulate and require that certain definite progress shall be made at certain definite times prior to the final date fixed in the order.

7.

This section shall not apply to refuse or waste matter from any shop, factory, mill or industrial establishment not containing sewage. * NB Expired September 1, 1973

Source: Section 17-1717 — Order to discontinue pollution of waters, https://www.­nysenate.­gov/legislation/laws/ENV/17-1717 (updated Sep. 22, 2014; accessed Dec. 21, 2024).

17‑1701
Definition of sewage
17‑1703
Contamination of salt wells
17‑1704
Discharge of sewage and other offensive matter from new or renovated wastewater disposal systems to the surface waters of the Owasco lake...
17‑1705
Discharge of sewage into Wallkill Creek prohibited
17‑1707
Discharge of sewage into the Susquehanna near Binghamton prohibited
17‑1709
Discharge of sewage and other offensive matter into Lake George and Skaneateles lake prohibited
17‑1710
Deposit of garbage or other refuse on or in waters of the Owasco lake watershed extending from the city dam on the outlet to the existing...
17‑1711
Deposit of garbage or other refuse on or in waters of Lake George and Skaneateles lake and their tributaries prohibited
17‑1713
Discharge of sewage and other offensive matter into Brant Lake, Loon Lake, Friends Lake and Schroon Lake prohibited
17‑1715
Discharge of sewage and other offensive matter into Oneida Lake prohibited
17‑1717
Order to discontinue pollution of waters
17‑1719
Actions by municipalities to prevent discharge of sewage into waters
17‑1721
Reports of municipal authorities to local boards of health
17‑1723
Reports of proprietors of industrial establishments
17‑1725
Permission to discharge sewage
17‑1727
Permission to discharge refuse or waste matter from industrial establishments
17‑1729
Permits for conduit or discharge pipes
17‑1731
Revocation or modification of permits
17‑1733
Record of permits
17‑1735
Violations
17‑1737
Legal construction and limitations
17‑1739
Repeal of provisions
17‑1741
Sewerage
17‑1743
Reporting of spills of liquids stored in bulk
17‑1745
Sewage from vessels

Accessed:
Dec. 21, 2024

Last modified:
Sep. 22, 2014

§ 17-1717’s source at nysenate​.gov

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