Section 71-1939. Local enforcement

1.  The  health  commissioner  of  any  county  or  part-county health
  district or city is hereby authorized and empowered to bring  an  action
  in  any  court of competent jurisdiction for the recovery of any penalty
  provided in section 71-1929 for  any  violation  of  the  provisions  of
  titles  1  through  11 inclusive and title 19 of article 17 and sections
  71-1929 through 71-1939 of this article occurring  in  the  district  or
  city in which such health commissioner has jurisdiction,
    a. from a source described in subdivision 5 of section 17-0701, or
    b.  resulting  from  a  failure  to  comply with the terms of a permit
  issued by such county or city  pursuant  to  subdivision  6  of  section
  17-0701.    Such  health commissioner may, in his discretion, compromise
  any penalty sued  for  in  such  action  at  any  stage  thereof  before
  judgment.
    * c. The health commissioner of Nassau county is hereby authorized and
  empowered  to bring an action in any court of competent jurisdiction for
  the recovery  of  any  penalty  provided  in  section  71-1929  and  for
  injunctive  relief pursuant to section 71-1931, for any violation of the
  provisions of titles 1 through 11 inclusive and title 19 of article  17,
  or  for  the violation of any rule or regulation promulgated thereunder,
  or any permit, certificate or order issued  thereunder  by  any  person,
  occurring   in   the  county  in  which  such  health  commissioner  has
  jurisdiction, except no such  action  may  be  brought  by  such  health
  commissioner   against  any  person  subject  to  a  National  Pollutant
  Discharge Elimination System  permit  authorized  and  approved  by  the
  United States Environmental Protection Agency pursuant to section 402 of
  the  Federal  Water  Pollution Control Act of 1972 as amended (33 U.S.C.
  1342), or against the state  of  New  York,  or  any  of  its  political
  subdivisions,  or any municipal agency or sewer or water district within
  the county. Such health commissioner may, in his discretion,  compromise
  any  penalty  sued  for  in  such  action  at  any  stage thereof before
  judgment. Except for an action for injunctive relief, no action  may  be
  commenced or maintained under this paragraph:
    (1)  prior  to  ninety  days  after  notice  has  been  given  to  the
  commissioner and the attorney general that the action will be commenced;
  or
    (2) if the commissioner or his delegate, at any time prior to the  end
  of  the  ninety-day  period  prescribed  in  subparagraph  one  of  this
  paragraph, has commenced and is actively prosecuting  an  administrative
  enforcement  proceeding  commenced pursuant to this title which seeks an
  order or injunction relative to the violation which is alleged  to  have
  occurred or to be occurring; or
    (3)  if  the  attorney  general,  at  any time prior to the end of the
  ninety-day  notice  period  prescribed  in  subparagraph  one  of   this
  paragraph, has commenced and is actively prosecuting a civil action in a
  court  of  the  United  States or New York state which seeks an order or
  injunction relative to the violation which is alleged to  have  occurred
  or to be occurring; or
    (4)  if  the  violation  which  is  alleged  to have occurred or to be
  occurring  is  the  subject  of  a  settlement  or  disposition  of   an
  administrative enforcement proceeding or civil action commenced pursuant
  to this title.
    Notice  pursuant  to  subparagraph one of this paragraph shall include
  information as is necessary to identify any  person  alleged  to  be  in
  violation of titles 1 through 11 inclusive and title 19 of article 17 of
  this  chapter,  or any rule or regulation promulgated thereunder, or any
  permit, certificate or order issued  thereunder,  and  the  activity  or
  condition complained of, and shall further summarize the evidence.

    All  enforcement  actions  brought  pursuant  to  this paragraph shall
  comply in all respects with any rule, regulation or  policy  promulgated
  or issued pursuant to the Federal Water Pollution Control Act of 1972 as
  amended (33 USC 1342) and article 17 of this chapter.
    The  attorney  general  is  hereby authorized to intervene in any such
  action pursuant to this paragraph in order to protect the  interests  of
  the state.
    * NB Repealed October 1, 2011
    * d.  Notwithstanding  subdivision  one of section 71-0211 as added by
  chapter sixty-two of the laws of nineteen hundred eighty-nine, all fines
  and penalties received pursuant to paragraph c of this subdivision shall
  be divided as follows:
    (1) all necessary and reasonable  costs  actually  incurred  shall  be
  retained by the county of Nassau.
    (2)   to   the  extent  available,  any  balance  remaining  shall  be
  distributed with one-half to the general fund to the credit of the state
  purposes account and one-half to the county of Nassau.
    * NB Repealed October 1, 2011
    2. Any penalty collected pursuant to this section shall be paid to the
  district or city, except that any penalty for a violation  resulting  in
  the  killing  of fish or shellfish shall be credited to the conservation
  fund established by section 83 of the State Finance Law,  and  shall  be
  available for the uses and purposes of such fund.
    3.  Within  three  days  after  bringing any action authorized by this
  section said health commissioner shall by registered mail serve upon the
  Attorney General  and  the  commissioner  a  copy  of  the  summons  and
  complaint,  if  any,  in such action, with a statement as to the date or
  dates of service thereof upon the defendant  or  defendants,  or,  if  a
  complaint  has  not  been  served  with  the summons, a statement of the
  particulars of the violation or violations upon which  such  action  was
  based.  The  Attorney  General  is hereby authorized to intervene in any
  such action in order to protect the interests of the state.