§ 71-1127 — Violations; civil liability

New York § 71-1127

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 11: Enforcement of Article 15
• Art. 71: Enforcement

Text

§ 71-1127. Violations; civil liability.\n 1. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by article 15 except section 15-1713, or who\nviolates or who fails to comply with any rule, regulation, determination\nor order of the department heretofore or hereafter promulgated pursuant\nto article 15 except section 15-1713, or any condition of a permit\nissued pursuant to article 15 of this chapter, or any determination or\norder of the former water resources commission or the department\nheretofore promulgated pursuant to former article 5 of the Conservation\nLaw, shall be liable for a civil penalty of not more than two thousand\nfive hundred dollars for such violation and an additional civil penalty\nof not more than five hundred dollars for each day during which such\nviolation continues, and, in addition thereto, such person may be\nenjoined from continuing such violation as otherwise provided in article\n15 except section 15-1713.\n 2. The penalties provided by subdivision 1 of this section shall be\nrecoverable in an action instituted in the name of the department by the\nAttorney General upon the request of the department.\n 3. An action or cause of action for the recovery of a penalty under\narticle 15 or sections 71-1103 through 71-1129 inclusive may be settled\nor compromised in an amount to be approved by the department either\nbefore or after proceedings are brought to recover such penalties and\nprior to the entry for judgment therefor.\n