Upon receipt of a report from a local board of health under subdivision 2 of section 17-1735 the commissioner shall investigate the matter immediately and shall hold a hearing and give the person or persons charged with such violation or noncompliance an opportunity to present evidence on his or their behalf, and upon ascertaining that a violation or noncompliance exists, he may bring an action in the name of the people of the state in a court of record against the person or persons responsible for the violation or noncompliance for the recovery of the penalties incurred and for an injunction against the continuation of the violation or noncompliance.
N.Y. Envtl. Conserv. Law § 71-1923