N.Y. ENV Law § 17-1717

* § 17-1717. Order to discontinue pollution of waters.\n 1. Whenever the commissioner shall determine upon investigation that\nsewage from any city, village, town, building, steamboat or other\nvessel, or property, or any garbage, offal or any decomposable or\nputrescible matter of any kind is being discharged into any of the\nwaters of the state, which shall include all streams and springs and all\nbodies of surface and ground water, whether natural or artificial,\nwithin or upon the boundaries of the state, and when, in the opinion of\nthe commissioner, such discharge is polluting such waters in a manner\ninjurious to or so as to create a menace to health, or so as to create a\npublic nuisance, he may order the municipality, corporation or person so\ndischarging sewage, refuse or other matter, to show cause before him why\nsuch discharge should not be discontinued.\n 2. A notice shall be served on the municipality, corporation or person\nso discharging sewage, refuse or other matter, directing such\nmunicipality, corporation or person to show cause before the\ncommissioner on a date specified in such notice why an order should not\nbe made directing the discontinuance of such discharge. Such notice\nshall specify the time when and place where a public hearing will be\nheld by the commissioner and notice of such hearing shall be published\nat least twice in a newspaper of the city, village, town or county where\nsuch discharge occurs, and shall be served personally or by mail at\nleast fifteen days before said hearing and in the case of a municipality\nor a corporation such service shall be upon an officer thereof.\n 3. The commissioner shall take evidence in regard to said matter and\nhe may issue an order to the municipality, corporation or person\nresponsible for such discharge, directing that within a specified period\nof time thereafter such discharge be discontinued, and such proper\nmethod of treatment or disposal of such sewage, refuse or waste matter\nbe installed as shall be approved by the department.\n 4. Such order shall not be valid until approved by the Governor and\nthe Attorney General, and when so approved it shall be the duty of the\nAttorney General to enforce such order.\n 5. Such means or method for the treatment or disposal of sewage,\nrefuse or other matter must be executed, completed and put in operation\nwithin the time fixed in the order.\n 6. The commissioner shall have authority to require from the officials\nand persons responsible for the execution of such orders satisfactory\nevidence at specified times of proper progress in the execution of such\norders, and may stipulate and require that certain definite progress\nshall be made at certain definite times prior to the final date fixed in\nthe order.\n 7. This section shall not apply to refuse or waste matter from any\nshop, factory, mill or industrial establishment not containing sewage.\n * NB Expired September 1, 1973\n