§ 71-2103 — Violations; civil liability

New York § 71-2103

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 21: Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations
• Art. 71: Enforcement

Text

§ 71-2103. Violations; civil liability.\n 1. Except as provided in section 71-2113, any person who violates any\nprovision of article nineteen or any code, rule or regulation which was\npromulgated pursuant thereto; or any order except an order directing\nsuch person to pay a penalty by a specified date issued by the\ncommissioner pursuant thereto, shall be liable, in the case of a first\nviolation, for a penalty not less than five hundred dollars nor more\nthan eighteen thousand dollars for said violation and an additional\npenalty of not to exceed fifteen thousand dollars for each day during\nwhich such violation continues. In the case of a second or any further\nviolation, the liability shall be for a penalty not to exceed twenty-six\nthousand dollars for said violation and an additional penalty not to\nexceed twenty-two thousand five hundred dollars for each day during\nwhich such violation continues. In addition thereto, such person may be\nenjoined from continuing such violation as hereinafter provided.\n 2. The penalty provided for in subdivision 1 of this section shall be\nrecoverable in an action brought by the Attorney General.\n 3. An action or cause of action for the recovery of a penalty under\narticle 19 may be settled or compromised by the Attorney General after\nproceedings are brought to recover such penalties prior to the entry of\njudgment therefor.\n 4. Any fines collected for violations of section 19-0320 of this\nchapter shall be deposited in the clean air fund, to the credit of the\nmobile source account, in accordance with the provisions of section\nninety-seven-oo of the state finance law.\n