US Laws, Codes, Statutes & Cases

 
    §  1403.  Powers  and  duties of the commissioner. Except as otherwise
  provided by law, the commissioner shall have charge and control  of  and
  be  responsible  for  all  those  functions  and  operations of the city
  relating to the provision of a pure, wholesome and  adequate  supply  of
  water, the disposal of sewage and the prevention of air, water and noise
  pollution,  and  shall be authorized to respond to emergencies caused by
  releases or threatened releases of hazardous substances and  to  collect
  and  manage  information  concerning  the amount, location and nature of
  hazardous substances. The powers and duties of  the  commissioner  shall
  include, without limitation, the following:
    a. Water resources control.
    (1) The commissioner shall have charge and control of:
    (a)  All  structures  and  property  connected  with  the  supply  and
  distribution of water for public use not owned by private  corporations,
  including all fire and drinking hydrants and all water meters;
    (b)  Furnishing  the  water supply and maintaining its quality, and of
  the investigation for and the construction of  all  works  necessary  to
  deliver  the proper and required quality of water with ample reserve for
  contingencies and future demands; and
    (c)  Making  and  enforcing  rules  and  regulations   governing   and
  restricting the use and supply of water;
    (2) The commissioner shall examine into the sources of water supply of
  any  private  companies supplying the city or any portion thereof or its
  inhabitants with water to see that the same is wholesome and the  supply
  is  adequate, to establish such rules and regulations in respect thereof
  as are reasonable and necessary for the convenience of the public and to
  exercise superintendence, regulation  and  control  in  respect  to  the
  supply of water by such water companies;
    (3)  Except as otherwise provided by law and subject to the provisions
  of this chapter,the commissioner shall regulate  and  control  emissions
  into  the  water  within  and  about  the city of New York of harmful or
  objectionable substances, contaminants and pollutants; enforce all laws,
  rules  and  regulations  with  respect  to  such  emissions;  make  such
  investigations  and  studies as may be desirable for the purpose of such
  enforcement and of controlling and eliminating pollution of such waters,
  and for such purpose shall have the power to compel  the  attendance  of
  witnesses and to take their testimony under oath.
    b. Sewage control.
    (1)  The commissioner shall have charge and control over the location,
  construction, alteration,  repair,  maintenance  and  operation  of  all
  sewers  including intercepting sewers and sewage disposal plants, and of
  all matters in the  several  boroughs  relating  to  public  sewers  and
  drainage,  and  shall initiate and make all plans for drainage and shall
  have charge of all public and private sewers  in  accordance  with  such
  plans;  and shall have charge of the management, care and maintenance of
  sewer and drainage systems therein. In addition, the commissioner  shall
  have the authority to supervise and adopt rules regarding private sewage
  disposal  systems, other than community private sewage disposal systems,
  and to prescribe civil penalties for the violation of such rules  of  no
  more  than  ten thousand dollars per violation, and, except as otherwise
  provided in section six hundred forty-three of this  charter,  to  issue
  permits  pursuant  to such rules for the construction and maintenance of
  such private sewage disposal systems. With regard to  community  private
  sewage  disposal  systems,  the commissioner shall have the authority to
  perform inspections, and to issue notices of violation for violations of
  any provisions of the New York city  health  code  relating  to  private
  sewage disposal, which shall be served and returnable as provided by law
  for  violations  of  the  New  York  city  health code, and the power to

  perform such other duties with regard to the supervision and  regulation
  of  such systems as may be lawfully delegated to him or her by the board
  of health or department of health and mental hygiene.
    (2)  The commissioner may adopt regulations requiring the discharge of
  sewage, refuse, factory waste and trade waste into the public sewers  of
  the  city,  or  regulating, restricting or prohibiting the use of public
  sewers for the discharge therein of any material or  substance  and  may
  prescribe civil penalties for the violation thereof.
    (3)  Nothing  in  this  subdivision  shall  be  construed to limit the
  authority or powers of the commissioner of health  and  mental  hygiene,
  the  department  of  health  and  mental hygiene, or the board of health
  relating  to  the  declaration  or  abatement  of  nuisances,   or   the
  enforcement of applicable public health laws or rules.
    c. Air resources control.
    The commissioner shall regulate and control the emission into the open
  air  of  harmful or objectionable substances, including, but not limited
  to, smoke, soot,  dust,  fumes,  fly-ash,  gas  vapors,  odors  and  any
  products  of  combustion or incomplete combustion resulting from the use
  of fuel burning equipment or from the heating of fuels  or  refuse.  The
  commissioner  shall enforce all laws, rules and regulations with respect
  to such emissions and shall make such investigations and studies as  may
  be  desirable for the purpose of such enforcement and of controlling and
  eliminating air pollution, and for such  purpose  shall  have  power  to
  compel  the  attendance  of  witnesses and to take their testimony under
  oath.
    d. Noise pollution control.
    The commissioner shall enforce all  laws,  rules  and  regulations  to
  eliminate  noise  pollution.  The commissioner shall make investigations
  and studies to develop permissible sound levels and to correct  problems
  related  to  noise  control, and, for such purposes, shall have power to
  compel the attendance of witnesses and to  take  their  testimony  under
  oath.
    e.  Review  of  environmental  consequences of certain activities. The
  commissioner  shall  review   and   comment   upon   the   environmental
  consequences of any activity requiring the approval of any agency of the
  city  where  such activity may have a significant impact on the physical
  aspects of the environment of the city, and  shall  be  responsible  for
  investigating,  evaluating and reporting upon activities related to fuel
  supply and demand, alternative sources of energy, and resource recovery.
    f. Resource recovery task force.
    (1) There shall be a resource recovery task force, which shall consist
  of no  more  than  twelve  employees,  as  well  as  such  clerical  and
  secretarial  staff as may be necessary, all of whom shall be assigned by
  the commissioners of the department of environmental protection and  the
  department  of  sanitation.  The  commissioner  shall jointly appoint an
  executive director who shall report directly to both commissioners.
    (2) The task force shall  advise  and  make  recommendations  to  both
  commissioners with respect to planning and implementation of programs of
  energy and materials recovery for the city's solid and liquid wastes.
    (3)  The approval of both commissioners shall be required prior to the
  adoption of any plan, action or regulation recommended by the task force
  except as to environmental impact determinations which shall be the sole
  responsibility of the commissioner of environmental protection.
    g. Energy conservation and alternative fuels. The  commissioner  shall
  participate  in  formulating  an  energy  policy for the city, including
  assessing the environmental costs and factors associated with all  kinds
  of  energy  use  and  programs  developed  to  meet  energy  needs.  The
  commissioner shall study, establish, organize, promote,  coordinate  and

  carry  out  policies,  activities,  projects  and  programs  designed to
  encourage fuel and energy conservation, alternate sources  of  fuel  and
  energy and encourage, stimulate and foster others to participate in such
  projects, programs and activities.
    h.  Emergency  response.  The  commissioner  shall  have  the power to
  respond to emergencies caused by  releases  or  threatened  releases  of
  hazardous  substances  into  the  environment.  The commissioner may (1)
  implement any response measures deemed to be necessary  to  protect  the
  public  health or welfare or the environment from a release or threat of
  release, (2) order responsible persons to undertake  response  measures,
  and  (3)  recover  the  costs  of  response  measures  incurred  by  the
  department from responsible persons.
    i. Community right-to-know. The commissioner shall have the  power  to
  collect,  compile and manage information concerning the amount, location
  and nature of hazardous substances present in the city. This information
  shall be made available to city personnel responsible for responding  to
  emergencies involving hazardous substances and the public.