New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter X - DIVISION OF WATER RESOURCES
Subchapter A - GENERAL
Article 1 - MISCELLANEOUS RULES
Part 658 - Hearing Procedures-water Pollution Control
Section 658.17 - Final determination and order

Universal Citation: 6 NY Comp Codes Rules and Regs ยง 658.17

Current through Register Vol. 46, No. 39, September 25, 2024

(a) As soon after the receipt of the hearing officer's report, findings of fact, conclusions and recommendations as practicable, the commissioner shall make a final determination based upon the record submitted to him.

(b) The final determination shall be embodied in a final order which may provide for:

(1) the dismissal of the charges;

(2) assessment of penalties as provided by the provisions of section 1250 of the Public Health Law;

(3) direction for abatement or prevention of pollution of the waters or discontinuance of the discharge of sewage, industrial wastes or other wastes which contravene the standards established for any waters of the State;

(4) a combination of any or all of the foregoing; or

(5) any determination which shall be deemed appropriate by the commissioner under the circumstances.

(c) A copy of the final determination and order shall be served on the parties in the same manner as is provided for the service of notice of hearing by these rules.

(d) Any person not previously heard in connection with the making of a determination, or order, within 20 days after service upon him of a copy of a notice, order or determination of the commissioner, may file a petition with the department alleging that the said order or determination caused or causes him damage by the invasion of, or interference with, a private right or privilege particularly appertaining to him.

(e) The commissioner shall grant a hearing to such petitioner, in accordance with these rules, and shall make a final determination and order, which shall be conclusive unless an appeal is taken therefrom.

(f) A copy of the final determination and order shall be served on all parties and a copy shall be filed with the Water Resources Commission.

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