N.Y. Comp. Codes R. & Regs. Tit. 6 § 620.2 - General procedure

(a) Whenever the commissioner finds, after an investigation, that any person is causing, engaging in or maintaining a condition or activity which, in the judgment of the commissioner:

(1) presents an imminent danger to the health or welfare of the people of the State, or results in or is likely to result in irreversible or irreparable damage to natural resources; and

(2) relates to the prevention and abatement powers of the commissioner in that the condition or activity pertains to or affects any of the objectives or goals of the Environmental Conservation Law, or relates to any of the permit, licensing, or regulatory programs of the Department; so that it appears to be prejudicial to the interest of the people of the State to delay action until an opportunity for hearing can be provided, the commissioner may, without prior hearing or notice, order such person to discontinue, abate or alleviate such condition or activity.

(b) Such order may be oral, telephonic, in writing, or in such other form as will, in the commissioner's judgment give reasonable notice to the person. Notice which is not given in writing will be supplemented as soon as is practicable thereafter with a written summary abatement order. A written summary abatement order shall state the grounds upon which the order is based, and shall be accompanied by evidence documenting the material facts supporting the order.

(c) Upon receipt of the commissioner's summary abatement order, it shall thereafter be the duty of the respondent to immediately discontinue, abate or alleviate such condition or activity pursuant to the terms of said order. Failure to do so shall constitute a violation of the order and of these regulations.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 6 § 620.2