§ 71-1307 — Sanctions

§ 71-1307. Sanctions.\n 1. Administrative sanctions. Any person who violates any provision of\narticle 23 of this chapter or commits any offense described in section\n71-1305 of this title shall be liable to the people of the state for a\ncivil penalty not to exceed eight thousand dollars and an additional\npenalty of two thousand dollars for each day during which such violation\ncontinues, to be assessed by the commissioner after a hearing or\nopportunity to be heard. The commissioner, acting by the attorney\ngeneral, may bring suit for collection of such assessed civil penalty in\nany court of competent jurisdiction. Such civil penalty may be released\nor compromised by the commissioner before the matter has been referred\nto the attorney general; and where such matter has been referred to the\nattorney general, any such penalty may be released or compromised and\nany action commenced to recover the same may be settled and discontinued\nby the attorney general with the consent of the commissioner. In\naddition, the commissioner shall have the power, following a hearing\nconducted pursuant to rules and regulations adopted by the department,\nto direct the violator to cease the violation and reclaim and repair the\naffected site to a condition acceptable to the commissioner, to the\nextent possible within a reasonable time and under the direction and\nsupervision of the commissioner. Any such order of the commissioner\nshall be enforceable in any action brought by the commissioner in any\ncourt of competent jurisdiction. Any civil penalty or order issued by\nthe commissioner under this subdivision shall be reviewable in a\nproceeding under article seventy-eight of the civil practice law and\nrules.\n 2. Civil sanctions. In lieu of seeking administrative sanctions, the\ncommissioner may refer any violation described in subdivision 1 of this\nsection to the attorney general who shall be empowered to bring a civil\nsuit to seek any of the sanctions described in subdivision 1 of this\nsection. Any such sanctions imposed may be released or compromised or\nthe action may be settled and discontinued by the attorney general with\nthe consent of the commissioner.\n 3. Criminal sanctions. Any person who, having any of the culpable\nmental states defined in sections 15.05 and 20.20 of the penal law,\nviolates any provision of article 23 of this chapter or commits any\noffense described in section 71-1305 of this title shall be guilty of a\nmisdemeanor and, upon conviction thereof, shall be punished by a fine\nnot to exceed one thousand dollars for each day during which such\nviolation continues or by imprisonment for a term of not more than one\nyear, or by both such fine and imprisonment. If the conviction is for a\nsubsequent offense committed after a first conviction of such person\nunder this subdivision, punishment shall be by a fine not to exceed\neight thousand dollars for each day during which such violation\ncontinues or by imprisonment for a term of not more than one year, or by\nboth such fine and imprisonment.\n 4. This section shall not affect the rights of any other person\nseeking damages arising out of a violation.\n 5. All fines collected pursuant to this section shall be paid into the\nenvironmental protection fund established pursuant to section\nninety-two-s of the state finance law.\n