NY Env Conserv L § 71-2303 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 23 - Enforcement of Article 24 71-2303 - Violation; Penalties.

§ 71-2303. Violation; penalties.1.  Administrative  sanctions.  Any  person  who violates, disobeys or   disregards any provision of article twenty-four,  including  title  five   and  section  24-0507  thereof  or  any rule or regulation, local law or   ordinance, permit or order issued pursuant thereto, shall be  liable  to   the  people  of  the  state  for a civil penalty of not to exceed eleven   thousand dollars for every such  violation,  to  be  assessed,  after  a   hearing  or  opportunity to be heard upon due notice and with the rights   to specification of the charges and representation by  counsel  at  such   hearing,  by  the  commissioner or local government. Such penalty may be   recovered in an action brought by the attorney general  at  the  request   and  in the name of the commissioner or local government in any court of   competent  jurisdiction.  Such  civil  penalty  may   be   released   or   compromised  by  the  commissioner or local government 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 or local government. In addition, the commissioner or local   government  shall  have  power,  following a hearing held in conformance   with the procedures set forth in section 71-1709  of  this  article,  to   direct the violator to cease his violation of the act and to restore the   affected  freshwater  wetland  to  its condition prior to the violation,   insofar as that is possible within  a  reasonable  time  and  under  the   supervision  of  the commissioner or local government. Any such order of   the commissioner or local government shall be enforceable in  an  action   brought  by  the  attorney general at the request and in the name of the   commissioner or local government in any court of competent jurisdiction.   Any  civil  penalty  or  order  issued  by  the  commissioner  or  local   government  pursuant  to  this  subdivision  shall  be  reviewable  in a   proceeding pursuant to article seventy-eight of the civil  practice  law   and rules.2.  Criminal  sanctions.  Any  person  who  violates  any provision of   article twenty-four of this chapter, including any rule  or  regulation,   local  law or ordinance, permit or order issued pursuant thereto, shall,   in addition, for the first offense, be guilty of a violation  punishable   by  a  fine  of  not  less than two thousand nor more than four thousand   dollars; for a second and each subsequent offense he shall be guilty  of   a  misdemeanor  punishable  by a fine of not less than four thousand nor   more than seven thousand dollars or a term of imprisonment of  not  less   than  fifteen  days  nor  more than six months or both. Instead of these   punishments, any offender may be punishable  by  being  ordered  by  the   court  to restore the affected freshwater wetland to its condition prior   to the offense, insofar as that is possible. The court shall  specify  a   reasonable  time  for the completion of such restoration, which shall be   effected under the supervision of the commissioner or local  government.   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. All fines collected pursuant to this section shall be paid into the   environmental   protection   fund   established   pursuant   to  section   ninety-two-s of the state finance law.