§ 71-1939 — Local enforcement

New York § 71-1939

• 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

§ 71-1939. Local enforcement.\n 1. The health commissioner of any county or part-county health\ndistrict or city is hereby authorized and empowered to bring an action\nin any court of competent jurisdiction for the recovery of any penalty\nprovided in section 71-1929 for any violation of the provisions of\ntitles 1 through 11 inclusive and title 19 of article 17 and sections\n71-1929 through 71-1939 of this article occurring in the district or\ncity in which such health commissioner has jurisdiction,\n a. from a source described in subdivision 5 of section 17-0701, or\n b. resulting from a failure to comply with the terms of a permit\nissued by such county or city pursuant to subdivision 6 of section\n17-0701. Such health commissioner may, in his discretion, compromise\nany penalty sued for in such action at any stage thereof before\njudgment.\n 2. Any penalty collected pursuant to this section shall be paid to the\ndistrict or city, except that any penalty for a violation resulting in\nthe killing of fish or shellfish shall be credited to the conservation\nfund established by section 83 of the State Finance Law, and shall be\navailable for the uses and purposes of such fund.\n 3. a. The health commissioner of any county which has been approved by\nthe commissioner pursuant to section 17-1017 of this chapter to\nadminister and enforce a local law or ordinance related to the\nprovisions of title ten of article seventeen of this chapter is hereby\nauthorized and empowered to bring an action in any court of competent\njurisdiction for the recovery of any penalty provided in section 71-1929\nof this title for any violation of title ten of article seventeen of\nthis chapter occurring in the county in which the county health\ncommissioner has jurisdiction.\n b. All fines and penalties collected pursuant to this subdivision\nshall be paid to the district or county, provided, however, that\none-quarter of such fines and penalties received shall be paid to the\ngeneral fund to the credit of the state purposes account.\n 4. Within three days after bringing any action authorized by this\nsection said health commissioner shall by registered mail serve upon the\nAttorney General and the commissioner a copy of the summons and\ncomplaint, if any, in such action, with a statement as to the date or\ndates of service thereof upon the defendant or defendants, or, if a\ncomplaint has not been served with the summons, a statement of the\nparticulars of the violation or violations upon which such action was\nbased. The Attorney General is hereby authorized to intervene in any\nsuch action in order to protect the interests of the state.\n