71-1719 - Summary Action.

NY Env Cons L § 71-1719 (2019) (N/A)
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Whenever the commissioner, after investigation, is of the opinion that any person is causing, engaging in or maintaining a condition or activity which in his opinion constitutes danger to the health of the people, and that it therefore appears to be prejudicial to the interest of the people to delay action for fifteen days until an opportunity for a hearing can be provided in accordance with the provisions of section 71-1709, the commissioner shall order the person, including any state agency or political subdivision having jurisdiction, by written notice to discontinue such dangerous condition or activity or take certain action immediately or within a specified period of less than fifteen days. As promptly as possible thereafter, within not to exceed fifteen days, the commissioner shall provide the person an opportunity to be heard and to present any proof that such condition or activity does not constitute a danger to the health of the people. This section shall apply only to enforcement of the provisions of this chapter listed in section 71-1701, and of titles 17 through 21 inclusive of this article.