NY Env Conserv L § 71-2503 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 25 - Enforcement of Article 25 71-2503 - Violation; Penalties.

§ 71-2503. Violation; penalties.1. Administrative sanctions.a.  Any  person  who violates, disobeys or disregards any provision of   article twenty-five shall be liable to the people of  the  state  for  a   civil  penalty  of  not  to  exceed  ten thousand dollars for every such   violation, to be assessed, after a hearing or opportunity to  be  heard,   by  the  commissioner.  Each  violation shall be a separate and distinct   violation and, in  the  case  of  a  continuing  violation,  each  day's   continuance  thereof  shall be deemed a separate and distinct violation.   The penalty may be recovered in an action brought by the commissioner in   any court of competent jurisdiction. Such civil penalty may be  released   or  compromised  by the commissioner before the matter has been referred   to the attorney general; and where such matter has been referred to  the   attorney  general,  any  such penalty may be released or compromised and   any action commenced to recover the same may be settled and discontinued   by the attorney general with the consent of the commissioner.b. Upon determining that  significant  damage  to  the  functions  and   benefits  of  tidal  wetlands is occurring or is imminent as a result of   any violation of article twenty-five, including but not limited  to  (i)   activity  taking  place requiring a permit under article twenty-five but   for which no permit has been granted or (ii) failure on the  part  of  a   permittee  to  adhere  to permit conditions, the commissioner shall have   power to direct the violator to cease and desist from violating the act.   In such cases the violator shall be provided an opportunity to be  heard   within ten days of receipt of the notice to cease and desist.c.  Following  a  hearing  held  pursuant  to  section 71-1709 of this   article, the commissioner shall have power to  direct  the  violator  to   cease  and  desist  from  violating  the act and to restore the affected   tidal wetland or area immediately  adjacent  thereto  to  its  condition   prior  to the violation, insofar as that is possible within a reasonable   time and under the supervision of the commissioner.  Any  order  of  the   commissioner   shall   be  enforceable  in  an  action  brought  by  the   commissioner in any court of competent jurisdiction. Any  civil  penalty   or  order  issued  by  the  commissioner under this subdivision shall be   reviewable in a proceeding under  article  seventy-eight  of  the  civil   practice law and rules.2.  Criminal  sanctions.  Any  person  who  violates  any provision of   article twenty-five shall, in addition, for the first offense, be guilty   of a violation punishable by a fine of not less than  five  hundred  nor   more  than  five  thousand  dollars;  for  a  second and each subsequent   offense such person shall be guilty of a  misdemeanor  punishable  by  a   fine of not less than one thousand nor more than ten thousand dollars or   a  term  of imprisonment of not less than fifteen days nor more than six   months or both. In addition to or  instead  of  these  punishments,  any   offender  shall  be  punishable by being ordered by the court to restore   the affected tidal wetland or area immediately adjacent thereto  to  its   condition  prior  to the offense, insofar as that is possible. The court   shall specify a reasonable time for the completion of  the  restoration,   which  shall be effected under the supervision of the commissioner. Each   offense shall be a separate and distinct offense and, in the case  of  a   continuing  offense,  each  day's  continuance thereof shall be deemed a   separate and distinct offense.3. The proceeds of any penalty or fine  assessed  under  this  section   shall  be deposited to the credit of the marine resources account of the   conservation fund.