NY Env Conserv L § 57-0136 (2021)
2021 New York Laws ENV - Environmental Conservation Article 57 - Long Island Pine Barrens Maritime Reserve Act Title 1 - Long Island Pine Barrens Maritime Reserve Act 57-0136 - Penalties and Enforcement.

§ 57-0136. Penalties and enforcement.   1. Violations. (a) All of the rights and remedies provided for in this section  are  in addition to all of the rights and remedies available to the villages and towns located within the "Central Pine Barrens Area" as specifically defined in subdivision  ten  of  section  57-0107  of  this title.  All  of the rights and remedies provided for in this section are in addition to all of the rights and remedies available to the  attorney general as provided for in state law.  (b)  With  respect  to  any  land  use conduct within the Central Pine Barrens Area that violates any provision of  an  applicable  village  or town law, the responsibility for enforcement of such violation shall lie with  the  applicable  village or town in the first instance as provided for in the laws of  the  respective  town  or  village.  The  applicable village  or  town  shall provide written notice to the commission of all such enforcement efforts. In the event the applicable  village  or  town does  not  commence  an  enforcement  action  within sixty days from the receipt of a written notice to the applicable village  or  town  of  any land  use  conduct within the Central Pine Barrens Area that may violate any provision of an applicable village or town law, the  commission,  or the attorney general at the request of the commission or upon his or her own  initiative,  may institute enforcement action for such violation as set forth in subdivisions two, three and four of this section.  (c) With regard to any violation of this  title,  the  land  use  plan adopted by the commission, any regulation promulgated by the commission, or   any   order,  determination  or  permit  condition  issued  by  the commission, there shall be independent jurisdiction among the village or town in which such violation occurred or is occurring to investigate and prosecute such violation as set forth in  subdivisions  two,  three  and four  of  this  section.  The  commission or the attorney general at the request of the commission or upon the attorney general's own  initiative shall  also  have  independent jurisdiction to investigate and prosecute such violation as set forth in subdivisions two, three and four of  this section.   The  party  initiating such a prosecution shall consult with the other governmental entities named in this section before  initiating  such  an action,  except  in  a  case  involving  a threat of irreparable harm or imminent violation or repeated violations of this title,  the  land  use plan  adopted  by  the  commission,  any  regulation  promulgated by the commission, or any order, determination or permit  condition  issued  by the commission.  (d)  With  regard  to  any  land  use  conduct within the Central Pine Barrens Area that is a violation of the applicable village or  town  law in  addition  to  being a violation of the specific requirements of this title, the land use plan adopted by the  commission,  or  the  terms  or conditions   of  any  order,  permit  or  determination  issued  by  the commission, the commission, or the attorney general at  the  request  of the  village or town, may jointly institute with the village and town an enforcement action as set forth in subdivisions two, three and  four  of this  section.  In such event, any penalties or fines collected shall be deposited with the applicable village or town  to  be  maintained  in  a segregated  account  to  be used exclusively for the acquisition of real property  or  transferable  development  rights  interests  or   capital projects  associated  with enhancement and/or restoration of the natural resources and ecosystems located within the Central Pine Barrens Area.   2. Civil penalties. (a) For a violation that takes place in the  "core preservation  area"  as defined in subdivision eleven of section 57-0107 of this title, any person who violates any provision of this title,  the land  use  plan adopted by the commission, any regulation promulgated by  the commission, or the terms or conditions  of  any  order,  permit,  or determination  issued  by the commission pursuant to this title shall be liable for a civil penalty of not more than twenty-five thousand dollars for  each violation and an additional civil penalty of not more than one thousand dollars for each day that such violation continues.  (b) For a violation that takes place in the "compatible  growth  area" as  defined  in subdivision twelve of section 57-0107 of this title, any person who violates any provision of  this  title,  the  land  use  plan adopted by the commission, any regulation promulgated by the commission, or the terms or conditions of any order, permit, or determination issued by  the  commission  pursuant  to this title shall be liable for a civil penalty of not more than ten thousand dollars for each violation and  an additional  civil penalty of not more than one thousand dollars for each day that such violation continues.   3. Criminal penalties. (a) For a violation that  takes  place  in  the "core  preservation  area"  as  defined in subdivision eleven of section 57-0107 of  this  title,  any  person  who  willfully  or  intentionally violates  any  provision of this title, the land use plan adopted by the commission, any regulation promulgated by the commission, or  the  terms or  conditions  of  any  order,  permit,  or determination issued by the commission pursuant to this title  shall  be  guilty  of  a  misdemeanor punishable  by  a fine of not more than twenty-five thousand dollars for each violation and an additional fine of  not  more  than  one  thousand dollars for each day that such violation continues.  (b)  For  a violation that takes place in the "compatible growth area" as defined in subdivision twelve of section 57-0107 of this  title,  any person  who  willfully  or  intentionally violates any provision of this title, the land use plan  adopted  by  the  commission,  any  regulation promulgated  by the commission, or the terms or conditions of any order, permit, or determination issued by the commission pursuant to this title shall be guilty of a misdemeanor punishable by a fine of not  more  than ten  thousand  dollars  for each violation and an additional fine of not more than  one  thousand  dollars  for  each  day  that  such  violation continues.   4. Additional remedies. (a) Alternatively, or in addition to an action seeking civil penalties or criminal fines or imprisonment as provided by subdivisions  two and three of this section, the commission, the Suffolk county district attorney or  the  attorney  general  may  institute  any appropriate  action or proceeding to prevent, restrain, enjoin, correct, or abate any violation of, or to enforce, any provision of  this  title, the  land use plan adopted by the commission, any regulation promulgated by the commission, or the terms or conditions of any order,  permit,  or determination issued by the commission pursuant to this title. The court in  which  the  action  or  proceeding  is  brought may order the person responsible for the violation to take such affirmative measures  as  are necessary  to  correct  or  remediate  the  violation. Such an action or proceeding may also seek restitution for any such violation.  (b) In addition to the penalties set forth  in  subdivisions  two  and three of this section, a police officer or peace officer may immediately impound  any  all-terrain  vehicle,  as  defined  in  section twenty-two hundred eighty-one of the vehicle and traffic law,  provided  that  such seizure  is  conducted  pursuant to section five hundred eleven-b of the vehicle and traffic law. A five hundred dollar surcharge may be added to any such impoundment.