New York Laws
Title 3 - Powers and Duties
19-0305 - Commissioner; Enforcement Power.

1. The commissioner is hereby authorized to enforce the codes, rules
and regulations of the department established in accordance with this
article.

2. In addition to the powers otherwise granted under this article, and
in accordance with the policies of department, the commissioner shall
have power to:

a. Enter and inspect any property, premise or place and stop, detain
and inspect any motor vehicle for the purpose of investigating either an
actual or suspected source of air pollution or air contamination or for
the purpose of ascertaining compliance or noncompliance with any code,
rule or regulation which may be promulgated under this article. Any
information relating to secret processes, or methods of manufacture, or
production obtained in the course of the inspection or investigation
shall be kept confidential, provided that the quantity and physical and
chemical characteristics of actual and allowable air contaminant
emissions shall be considered public information. If samples of air or
air contaminants are taken for analysis during any inspection made on
the premises of a person who is suspected of causing air pollution or
air contamination or during the inspection of a motor vehicle, a
duplicate of the analytical report shall be furnished promptly to such
person or the owner of such motor vehicle.

b. Conduct or cause to be conducted studies and research with respect
to air pollution control, abatement or prevention.

c. Conduct and supervise programs of air pollution control education
including the preparation and distribution of information relating to
air pollution control.

d. Determine by means of field studies and sampling the degree of air
pollution in New York state.

e. Provide advisory technical consultation services to local
communities.

f. Develop and conduct demonstration programs in cooperation with
local communities.

g. Promote the establishment of local laboratory facilities including
essential instrumentation.

h. Provide facilities and staff for training personnel of local
communities in the principles of air sanitation.

i. Serve as the agent of the state for the receipt of monies from the
federal government or other public or private agencies and to expend
such monies after appropriation thereof for the purpose of air pollution
control studies or research.

j. Consider for approval or disapproval applications for permits and
certificates including plans or specifications for air contamination
sources and air cleaning installations or any part thereof submitted
consistent with the rules of the department, and inspect the
installation for compliance with the plans or specifications; provided
that in the case of a major steam electric generating facility, as
defined in former section one hundred forty of the public service law,
for which a certificate is required pursuant to the former article eight
of the public service law, or a major electric generating facility as
defined in section one hundred sixty of the public service law, for
which a certificate is required pursuant to article ten of the public
service law, such approval functions may be performed by the state board
on electric generation siting and the environment, as defined in the
public service law, pursuant to federally delegated or approved
environmental permitting authority, and such inspection functions shall
be performed by the department. Nothing herein shall limit the authority
of the department of health and the department to monitor the

environmental and health impacts resulting from the operation of such
major steam electric generating facility and to enforce applicable
provisions of the public health law and this chapter and the terms and
conditions of the certificate governing the environmental and health
impacts resulting from such operation.

k. Approve types of crankcase ventilating systems and air contaminant
emission control systems pursuant to standards promulgated by the
department, in accordance with the Vehicle and Traffic Law.

l. Do such other things as he may deem necessary, proper or desirable
in order that he may enforce codes, rules or regulations which have been
promulgated under this article.