NY Env Conserv L § 71-1933 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids 71-1933 - Violations; Criminal Liability.

§ 71-1933. Violations; criminal liability.   1. Any person who, having any of the culpable mental states defined in section  15.05  of the penal law, shall violate any of the provisions of titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules, regulations,  orders  or  determinations of the commissioner promulgated thereto, or the terms of any permit issued thereunder, shall  be  guilty of  a  misdemeanor  and, upon conviction thereof, shall be punished by a fine of not less than three thousand seven  hundred  fifty  dollars  nor more  than  thirty-seven  thousand  five  hundred  dollars  per  day  of violation or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction  is  for  an  offense committed   after   a   first  conviction  of  such  person  under  this subdivision, punishment shall be by a fine of not more than seventy-five thousand dollars per day of violation, or by imprisonment for  not  more than two years, or by both.   2.  No  prosecution under this section shall be instituted until after final disposition of an appeal or review, if any,  provided  by  section 17-0909 or its predecessor, section 1244 of the Public Health Law.   3.  Any  person  who  with  criminal negligence, as defined in section 15.05 of the penal law,   a. violates   i. any provision of title 7 or 8 of article 17 of this chapter, or   ii. the rules or regulations promulgated thereunder, or   iii. any term of any permit issued thereunder, or   iv.  any  requirement  imposed  in  a  pretreatment  program  approved pursuant  to  section  402(a)(3)  or  402(b)(8)  of  the  Federal  Water Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or  approved pursuant to title 7 or 8 of article 17 of this chapter, or   v.  any  final  administrative  orders issued pursuant to this article where an opportunity for a hearing is provided, or   b. introduces into a sewer system or publicly  owned  treatment  works any pollutant or hazardous substance   i.  when  such  person knew that such introduction was likely to cause personal injury or property damage, except if that introduction  was  in compliance  with  all applicable federal, state or local requirements or permits, or   ii. which causes the treatment works to violate any term of any permit issued under title 7 or 8 of article 17 of this chapter or the rules  or regulations  promulgated  thereunder  except if that introduction was in compliance with all applicable federal, state or local  requirements  or permits; shall be guilty of a class A misdemeanor.   4.  Any person who knowingly, as defined in section 15.05 of the penal law,   a. violates   i. any provision of title 7 or 8 of article 17 of this chapter, or   ii. the rules or regulations promulgated thereunder, or   iii. any term of any permit issued thereunder, or   iv.  any  requirement  imposed  in  a  pretreatment  program  approved pursuant  to  section  402(a)(3)  or  402(b)(8)  of  the  Federal  Water Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or  approved pursuant to title 7 or 8 of article 17 of this chapter, or   v.  any  final  administrative  orders issued pursuant to this article where an opportunity for a hearing was provided, or   b. introduces into a sewer system or publicly  owned  treatment  works any pollutant or hazardous substance   i.  when  such  person knew that such introduction was likely to cause personal injury, except if that introduction was in compliance with  all applicable federal, state or local requirements or permits, or    ii. which causes the treatment works to violate any term of any permit issued  under title 7 or 8 of article 17 of this chapter or the rules or regulations promulgated thereunder except if that  introduction  was  in compliance  with  all applicable federal, state or local requirements or permits; shall be guilty of a class E felony.   5.  Any  person  who intentionally, as defined in section 15.05 of the penal law,   a. violates   i. any provision of title 7 or 8 of article 17 of this chapter, or   ii. the rules or regulations promulgated thereunder, or   iii. any term of any permit issued thereunder, or   iv. any final administrative orders issued pursuant  to  this  article where an opportunity for a hearing was provided, and   b. knows at that time that he thereby places another person who is not a participant in the crime in imminent danger of death or serious bodily injury shall be guilty of a class C felony.   c. for the purpose of paragraphs a and b of this subdivision:   in  determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger  of  death  or  serious bodily injury  (a)  the  person  is  responsible  only for actual awareness or actual belief that he possessed; and  (b) knowledge possessed by a person other than the defendant  but  not by the defendant himself may not be attributed to the defendant.   6.  For purposes of subdivisions three, four and five of this section, a single operational upset which leads  to  simultaneous  violations  of more  than  one  pollutant  parameter  shall  be  treated  as  a  single violation.   7. Any person who, with intent to deceive, makes  any  false  material statement,  representation, or certification in any application, record, report, plan or other  document  filed  or  required  to  be  maintained pursuant  to  title  7  or  8  of  article  17  of  this  chapter or who intentionally  falsifies,  tampers  with,  or  renders  inaccurate   any monitoring  device or method required to be maintained pursuant to title 7 or 8 or article 17 of this chapter  shall  be  guilty  of  a  class  E felony.   8.  a.  When  a person is convicted of a crime under the provisions of this section, the sentence of the court shall be as follows:   i. A fine, as set forth in paragraph b of this subdivision;   ii. A sentence of imprisonment, as set forth in paragraph  c  of  this subdivision; or   iii. Any combination of such fine or imprisonment.   b.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an amount fixed by the court, not exceeding:   i. $750,000 for a class C  felony  committed  by  an  organization  as defined in section 71-1932 of this title;   ii. $375,000 for a class C felony;   iii.  $75,000  per  day  of  continuing violation for a class E felony defined under subdivision four of this section but in no event less than $7,500; and $15,000 for a class E felony defined under subdivision seven of this section;   iv. $37,500 per day of continuing violation for a class A  misdemeanor but in no event less than $3,750.   c.  Imprisonment.  A  sentence  of imprisonment shall be a sentence of imprisonment authorized by article seventy of the penal law.   9. All prosecutions under this section  shall  be  instituted  by  the department  or  the  commissioner and shall be conducted by the Attorney General in the name of the people of the state of New York.    10. In the prosecution of any criminal proceeding under  this  section by  the  Attorney  General and, in any proceeding before a grand jury in connection therewith, the Attorney General shall exercise all the powers and perform all the duties which the District Attorney  would  otherwise be  authorized  or  required  to  exercise  or  perform,  and  in such a proceeding the District Attorney shall exercise such powers and  perform such duties as are requested of him by the Attorney General.