§ 71-1929 — Violations; civil liability

New York § 71-1929

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 19: Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids
• Art. 71: Enforcement

Text

§ 71-1929. Violations; civil liability.\n 1. A person who violates any of the provisions of, or who fails to\nperform any duty imposed by titles 1 through 11 inclusive and title 19\nof article 17, or the rules, regulations, orders or determinations of\nthe commissioner promulgated thereto or the terms of any permit issued\nthereunder, shall be liable to a penalty of not to exceed thirty-seven\nthousand five hundred dollars per day for each violation, and, in\naddition thereto, such person may be enjoined from continuing such\nviolation as hereinafter provided. Violation of a permit condition shall\nconstitute grounds for revocation of such permit, which revocation may\nbe accomplished either as provided in paragraph f of subdivision 4 of\nsection 17-0303 or by order of judgment of the supreme court as an\nalternate or additional civil penalty in an action brought pursuant to\nsubdivision 3 of this section.\n 2. Any penalties for violations of titles 1 through 11 inclusive and\ntitle 19 of article 17 resulting in the killing of fish or shellfish,\nshall be credited to the conservation fund established by section 83 of\nthe State Finance Law and shall be available for the uses and purposes\nof such fund.\n 3. The penalties provided by subdivisions one and two shall be\nrecoverable in an action brought by the Attorney General.\n 4. An action or cause of action for the recovery of a penalty under\nthis title may be settled or compromised by the Attorney General after\nproceedings are brought to recover such penalties and prior to the entry\nfor judgment therefor.\n