N.Y. Comp. Codes R. & Regs. tit. 21 § 861.32

Current through Register Vol. 46, No. 51, December 18, 2024

Section 861.32 - Noncompliance; notice

(a) Whenever the executive director determines that there is cause to conclude that a waste discharger may be in violation of these regulations, the director shall serve upon the waste discharger a notice of hearing, requiring the waste discharger to show cause within 20 days thereafter, at a hearing to be conducted by a hearing officer designated by the director, why a citation for noncompliance should not be issued.

(b) Following the hearing, the officer shall determine whether the waste discharger is in fact in violation of these regulations and upon such findings shall recommend to the executive director an appropriate determination.

(c) If the executive director determines that the waste discharger is in violation, he shall cause to be issued and served upon the waste discharger a citation for noncompliance.

(d) A copy of the citation shall also be served and filed with the water pollution control agency of the signatory state in which the violation occurs.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 861.32