§ 71-2703 — Violations of title 3 or 7 of article 27 of this chapter

New York § 71-2703

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 27: Enforcement of Article 27 and Article 71
• Art. 71: Enforcement

Text

§ 71-2703. Violations of title 3 or 7 of article 27 of this chapter.\n 1. Civil and administrative sanctions. a. Any person who violates any\nof the provisions of, or who fails to perform any duty imposed by title\n3 or 7 of article 27 of this chapter or any rule or regulation\npromulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to this title\nshall be liable for a civil penalty not to exceed seven thousand five\nhundred dollars for each such violation and an additional penalty of not\nmore than one thousand five hundred dollars for each day during which\nsuch violation continues, to be assessed by the commissioner after an\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis article, or by the court in any action or proceeding pursuant to\nsection 71-2727 of this title, and, in addition thereto, such person may\nby similar process be enjoined from continuing such violation and any\npermit or certificate issued to such person may be revoked or suspended\nor a pending renewal application denied.\n b. i. Any person who violates any of the provisions of, or who fails\nto perform any duty imposed by, title 3 or 7 of article 27 of this\nchapter, or any rule or regulation promulgated pursuant thereto, or any\nterm or condition of any certificate or permit issued pursuant thereto\nand thereby causes the release of solid waste into the environment,\nshall be liable for a civil penalty not to exceed eleven thousand two\nhundred fifty dollars for each such violation and an additional penalty\nof not more than eleven thousand two hundred fifty dollars for each day\nduring which such violation continues, to be assessed by the\ncommissioner after an opportunity to be heard pursuant to the provisions\nof section 71-1709 of this article, or by the court in any action or\nproceeding pursuant to section 71-2727 of this title, and, in addition\nthereto, such person may by similar process be enjoined from continuing\nsuch violation and any permit or certificate issued to such person may\nbe revoked or suspended or a pending renewal application denied.\n ii. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by, title 3 or 7 of article 27 of this chapter,\nor any rule or regulation promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto and\nthereby causes the release of more than ten cubic yards of solid waste\ninto the environment, shall be liable for a civil penalty not to exceed\ntwenty-two thousand five hundred dollars for each such violation and an\nadditional penalty of not more than twenty-two thousand five hundred\ndollars for each day during which such violation continues, to be\nassessed by the commissioner after an opportunity to be heard pursuant\nto the provisions of section 71-1709 of this article, or by the court in\nany action or proceeding pursuant to section 71-2727 of this title, and,\nin addition thereto, such person may by similar process be enjoined from\ncontinuing such violation and any permit or certificate issued to such\nperson may be revoked or suspended or a pending renewal application\ndenied.\n c. The court in any action or proceeding pursuant to section 71-2727\nof this chapter may exercise all powers exercisable by the commissioner.\n 2. Criminal sanctions. a. Any person who, having any of the culpable\nmental states defined in section 15.05 of the penal law, shall violate\nany of the provisions of or who fails to perform any duty imposed by\ntitle 3 or 7 of article 27 of this chapter, or any rules and regulations\npromulgated pursuant thereto, or any final determination or order of the\ncommissioner made pursuant to this title shall be guilty of a violation\nand, upon conviction thereof, shall be punished by a fine of not less\nthan one thousand five hundred dollars nor more than fifteen thousand\ndollars per day of violation or by imprisonment for not more than\nfifteen days or by both such fine and imprisonment.\n b. i. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than ten cubic\nyards of solid waste into the environment shall be guilty of a class B\nmisdemeanor and, upon conviction thereof, shall be punished by a fine of\nnot less than three thousand seven hundred fifty dollars per day nor\nmore than twenty-two thousand five hundred dollars per day of violation,\nor by imprisonment for a term in accordance with the penal law, or by\nboth such fine and imprisonment.\n ii. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than ten cubic\nyards of solid waste into the environment, after having been convicted\nof a violation of this subdivision within the preceding five years,\nshall be guilty of a class A misdemeanor and, upon conviction thereof,\nshall be punished by a fine of not less than three thousand seven\nhundred fifty dollars per day nor more than thirty-seven thousand five\nhundred dollars per day of violation, or by imprisonment for a term in\naccordance with the penal law, or by both such fine and imprisonment.\n c. i. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than seventy\ncubic yards of solid waste into the environment shall be guilty of a\nclass A misdemeanor and, upon conviction thereof, shall be punished by a\nfine of not less than three thousand seven hundred fifty dollars per day\nnor more than thirty-seven thousand five hundred dollars per day of\nviolation, or by imprisonment for a term in accordance with the penal\nlaw, or by both such fine and imprisonment.\n ii. Any person who shall violate paragraph a of this subdivision and\nthereby causes or attempts to cause the release of more than seventy\ncubic yards of solid waste into the environment, after having been\nconvicted of a violation of this subdivision within the preceding five\nyears, shall be guilty of a class E felony and, upon conviction thereof,\nshall be punished by a fine of not less than seven thousand five hundred\ndollars per day nor more than seventy-five thousand dollars per day of\nviolation, or by imprisonment for a term in accordance with the penal\nlaw, or by both such fine and imprisonment.\n 3. Additional sanctions. Any person who violates any of the provisions\nof, or who fails to perform any duty imposed by title 7 of article 27,\nwith regard to the construction and operation of facilities for the\ndisposal of construction and demolition debris or any rule or regulation\npromulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto or any final determination\nor order of the commissioner made pursuant to this title shall be liable\nfor a civil penalty not to exceed fifteen thousand dollars and each day\nof such deposition shall constitute a separate violation and said civil\npenalty is in addition to any other fines or penalties which may be\napplied pursuant to this title.\n 4. Definition. As used in this section, the following term shall have\nthe following meaning "release" means any pumping, pouring, emitting,\nemptying, discharge, deposit, injection, dumping, spilling or placing of\na substance.\n 5. Penalty assessment criteria. In determining the amount of any fine,\npenalty or sentence imposed pursuant to this section, the commissioner\nor the court shall take into consideration any evidence introduced by a\nparty regarding the economic impact of a penalty on a business, the\ncompliance history of a violator, good faith efforts of a violator to\ncomply, any economic benefit obtained from noncompliance, the amount of\nrisk or damage to public health or the environment caused by a violator,\nwhether the violation was procedural in nature, or such other factors as\njustice may require.\n