* § 17-1735. Violations; service of notice; actions.

Terms Used In N.Y. Environmental Conservation Law 17-1735

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

1. The board of health of each municipality shall promptly ascertain every violation of, or noncompliance with, any of the provisions of section 17-1701 or of the permits for the discharge of sewage or refuse or waste material into any of the waters of the state herein provided, which may occur within that municipality, or the commissioner may ascertain such violations or noncompliance.

2. The local board of health shall on the discovery of every violation of or noncompliance with any of the provisions of said section or of any permit duly issued, report the same in writing to the commissioner.

3. Upon receipt of such report from a local board of health the commissioner shall investigate the matter immediately and shall hold a hearing and give the person or persons charged with such violation or noncompliance an opportunity to present evidence on his or their behalf, and shall ascertain whether a violation or noncompliance exists.

* NB Expired September 1, 1973