2013 New York Consolidated Laws
ENV - Environmental Conservation
Article 21 - POLLUTION CONTROL COMPACTS
Title 1 - (21-0101 - 21-0117) NEW ENGLAND INTERSTATE WATER POLLUTION CONTROL COMPACT
21-0117 - Water quality network.

 
  § 21-0117. Water quality network.
    1.  The  New England Interstate Water Pollution Control Commission, in
  cooperation with the state and such other states signatory  to  the  New
  England  Interstate  Water Pollution Control Compact as may participate,
  shall establish and  maintain  a  water  quality  sampling  and  testing
  network. The network shall, to the fullest extent practicable, rely upon
  the  sampling  and testing programs of the state and other participating
  states and upon information  available  from  agencies  of  the  federal
  government, and shall not duplicate any of their activities. However, if
  the  sampling and testing programs of the state and other states and the
  information available  from  agencies  of  the  federal  government  are
  insufficient  to  provide  the  commission with records of water quality
  adequate for its needs, the commission may supplement the  sampling  and
  testing otherwise available to it.
    2. Sampling pursuant to this section shall be at points at or near the
  places  where waters cross a boundary of the state and the samples shall
  be tested in order to determine their quality. The sampling and  testing
  provided  for  herein  shall  be  scheduled  by  the  commission  or  in
  accordance with its requests and shall include such factors or  elements
  as  the  commission  shall request. Any sampling and testing done by the
  Department of Environmental Conservation as part of  the  activities  of
  the  commission's  network  shall  be reported fully and promptly by the
  department to the commission together with the results thereof.
    3. a. If the commission ascertains that particular waters at or near a
  boundary of the state do not comply with the standards of the commission
  made pursuant to article V of the New England Interstate Water Pollution
  Control Compact, or are not otherwise of a quality complying with  state
  law,  the  commission  shall  inform  the  Department  of  Environmental
  Conservation and the water pollution control agency of any  other  state
  concerned  and  shall  afford  such  agencies  an opportunity to verify,
  explain, supplement or correct the information in the possession of  the
  commission  and,  if  the facts warrant, to take or secure the taking of
  any necessary remedial action.
    b. If such remedial action is not taken or secured in timely  fashion,
  the  commission  may hold a public hearing on due notice, as provided in
  its rules and regulations, in order to ascertain all the relevant  facts
  and circumstances. Following public hearing, the commission may issue an
  order  directed  to  the source or sources of waste discharge causing or
  contributing to the deteriorated water quality. Such order or orders may
  require reduction or cessation of waste discharges or the improvement of
  their  quality.  An  order  shall  not  be  valid  unless  supported  by
  substantial  evidence  adduced  at  the public hearing. Such order shall
  prescribe the date or dates by which  discharges  of  waste  are  to  be
  reduced,   discontinued  or  treated,  and  may  contain  timetables  or
  schedules for specific steps to be taken in order to  comply  therewith.
  An  order  made pursuant to this section may be enforced in any court of
  competent jurisdiction. Proceedings shall be only  on  the  record  made
  before the commission.
    4.  Unless  otherwise  conferred by law, the commission shall not have
  power to issue permits or licenses in connection with the  discharge  or
  treatment of wastes, or pass upon plans or specifications for particular
  waste treatment or collection equipment or facilities.