§ 17-0303. General powers and duties applicable to portions of this\n article.\n 1. The provisions of this section shall apply only to titles 1 to 11,\ninclusive, and title 19 of this article.\n 2. The department shall have administrative jurisdiction to abate and\nprevent the pollution of waters of the state in the manner herein\nprovided in accordance with the classification of waters adopted by the\ndepartment pursuant to section 17-0301 and in accordance with standards,\ncriteria, limitations, rules and regulations and permit conditions\nadopted, promulgated or applied by the department pursuant to title 8\nhereof.\n 3. The department, acting through the commissioner may, from time to\ntime, adopt, amend, or cancel administrative rules and regulations\ngoverning the procedure to be followed with respect to hearing, filing\nof reports, the issuance of permits, and all other matters relating to\nprocedure, and generally, may make such administrative rules and\nregulations, and do and perform any and all acts, not inconsistent with\nthe provisions of this article listed in subdivision 1 of this section,\nas may be necessary or proper to carry into effect such provisions of\nthis article listed in subdivision 1 of this section, and may make,\namend and repeal rules and regulations for the storage of liquids likely\nto pollute the waters of the state including, but not limited to,\nstandards for the construction, installation, maintenance, protection\nand diking of tanks used to store any such liquids and their associated\nstructures, piping, valves, fittings, fixtures and outlets, in\nconjunction with the promulgation of which, the commissioner shall\nconsider codes and practices of industries concerned with the handling\nand storage of such liquids and the time required for persons engaged in\nsuch industries to conform with such rules and regulations. Such rules\nand regulations, before becoming effective, shall be filed with the\nsecretary of state for publication in the "Official Compilation of\nCodes, Rules and Regulations of the State of New York" published\npursuant to section 120 of the Executive Law.\n 4. The commissioner is hereby authorized to:\n a. Hold public hearings, receive pertinent and relevant proof from any\nparty in interest who appears at such hearing, compel the attendance of\nwitnesses, make findings of fact and determinations, and asssess such\npenalties therefor as are hereinafter prescribed, all with respect to\nthe violations of the provisions of this article listed in subdivision 1\nof this section, or the orders issued by the commissioner;\n b. Make, modify or cancel orders requiring the discontinuance of the\ndischarge of sewage, industrial waste or other wastes into any waters of\nthe state in accordance with the provisions of this article listed in\nsubdivision 1 of this section, and specifying the conditions and time\nwithin which such discontinuance must be accomplished.\n c. Institute or cause to be instituted in a court of competent\njurisdiction proceedings to compel compliance with the provisions of\nthis article listed in subdivision 1 of this section or the\ndeterminations and orders of the commissioner;\n d. Issue or deny permits, under such conditions as may be prescribed\nfor the prevention and abatement of pollution, for the discharge of\nsewage, industrial waste or other wastes, or for the installation or\noperation of disposal systems or parts thereof;\n e. Continue any permit heretofore or hereafter issued under the\nprovisions of this article listed in subdivision 1 of this section, or\nunder the authority of laws previously enacted and thereafter repealed,\nwhenever, after hearing thereon, the commissioner determines that such\ncontinuation is necessary or desirable to prevent or abate pollution of\nany waters of the state;\n f. Revoke or modify any construction, operating or discharge permit\nheretofore or hereafter issued under the provisions of this art
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