§ 71-2705 — Violations of titles 9, 11 and 13 of article 27 of this chapter

New York § 71-2705

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

Text

§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this\n chapter.\n 1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by titles 9,\n11 and 13 of article 27 or any rule or regulation promulgated pursuant\nthereto, or any term or condition of any certificate or permit issued\npursuant thereto, or any final determination or order of the\ncommissioner made pursuant to this title shall be liable in the case of\na first violation, for a civil penalty not to exceed sixty-five thousand\ndollars and an additional penalty of not more than sixty-five thousand\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. In the case of a second and any further violation, the liability\nshall be for a civil penalty not to exceed one hundred twenty-five\nthousand dollars for each such violation and an additional penalty not\nto exceed one hundred twenty-five thousand dollars for each day during\nwhich such violation continues.\n 2. Criminal sanctions. 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\ntitles 9, 11 and 13 of article 27 or any rules and regulations\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 guilty of a misdemeanor and, upon conviction thereof, shall for\na first conviction be punished by a fine not to exceed sixty-five\nthousand dollars per day of violation or by imprisonment for a term of\nnot more than one year, or both such fine and imprisonment. If the\nconviction is for an offense committed after a first conviction of such\nperson under this subdivision, punishment shall be by a fine not to\nexceed one hundred twenty-five thousand dollars per day of violation, or\nby imprisonment for not more than two years or by both such fine and\nimprisonment.\n