OCR Text |
Show 542 NEW YORK uses which will conserve the value of the water and still encourage the "most appropriate use of land bordering said waters" for resi- dential, agricultural, industrial, or recreational purposes.101 The third criterion requires an evaluation of the uses which have been made of the waters, those which are now being made, and those which hereafter may be made, for such purposes as transportation, domestic and industrial consumption, bathing, fishing and fish culture, fire prevention, the disposal of sewage, industrial waste and other waste, or other uses.102 The fourth criterion which the department is to consider is the extent of present "defilement or fouling" of the waters which has already "occurred or resulted" from past discharges.103 Sections 17-0301.4 and 17-0301.5 establish guidelines and pro- cedures for adopting standards, pursuant to notice and hearing. Title 5 then states a general prohibition against discharging any pollutant into waters in violation of stream standards so adopted: It shall be unlawful for any person, directly or indirectly, to throw, drain, run or otherwise discharge into such waters organic or inorganic matter that shall cause or contribute to a condition in contravention of the standards adopted by the department.104 Title 7 provides for the issuance of permits, and permits are re- quired for any new outlet or disposal system, or for any increase or alteration in the content of waste discharged through an existing outlet or system whereby there is any change in the volume or in the physical, chemical, or biological characteristics of the discharge.105 Before any permit can be denied, revoked, or modified, the depart- ment is required to give notice and hold a public hearing, conducted by the commissioner or by his designated representative.106 Title 9 provides basic procedures for hearings, including giving notice, serving process, conducting proceedings before the commissioner, hearings for persons aggrieved by a prior order but who had no op- portunity to be heard in connection therewith, and for judicial review.107 There are special provisions dealing with the discharge of sewage into waters, and a number of provisions giving special protection to certain waters therein identified.108 There are provisions for com- prehensive studies and reports concerning collection, treatment, and disposal of sewage, and for State financial aid (which may include payment of the entire cost of a comprehensive study and report).109 Such financial aid can be approved for any municipality applying alone or for two or more municipalities applying jointly.110 Other provisions apply some controls to contracts for construction of sew- age treatment works,111 operation and maintenance of sewage treat- ment works,112 and contracts for construction of sewer systems."3 iM ECL sec. 17-0301.3.b. "a ECL sec. 17-0301.3.C. 103 ECL sec. 17-0301.3.d. io*BCL sec. 17-0501. I* BCL sec. 17-0701. io« BCL sec. 17-0703. WBCL sees. 17-0901 through 17-0909. los ECL sees. 17-1701 through 17-1741. k^ECL sec. 17-1901. no Id. mECL sec. 17-1903. i"ECL sec. 17-1905. "a ECL sec. 17-1907. |