NY Env Conserv L § 71-1307 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 13 - Enforcement of Article 23 71-1307 - Sanctions.

§ 71-1307. Sanctions.1.  Administrative sanctions. Any person who violates any provision of   article 23 of this chapter or commits any offense described  in  section   71-1305  of  this title shall be liable to the people of the state for a   civil penalty not to exceed eight thousand  dollars  and  an  additional   penalty of two thousand dollars for each day during which such violation   continues,  to  be  assessed  by  the  commissioner  after  a hearing or   opportunity to be  heard.  The  commissioner,  acting  by  the  attorney   general, may bring suit for collection of such assessed civil penalty 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. In   addition, the commissioner shall have the  power,  following  a  hearing   conducted  pursuant  to rules and regulations adopted by the department,   to direct the violator to cease the violation and reclaim and repair the   affected site to a condition acceptable  to  the  commissioner,  to  the   extent  possible  within  a  reasonable time and under the direction and   supervision of the commissioner. Any  such  order  of  the  commissioner   shall  be  enforceable  in any 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.  Civil  sanctions. In lieu of seeking administrative sanctions, the   commissioner may refer any violation described in subdivision 1 of  this   section  to the attorney general who shall be empowered to bring a civil   suit to seek any of the sanctions described in  subdivision  1  of  this   section.  Any  such  sanctions imposed may be released or compromised or   the action may be settled and discontinued by the attorney general  with   the consent of the commissioner.3.  Criminal  sanctions.  Any  person  who, having any of the culpable   mental states defined in sections 15.05 and  20.20  of  the  penal  law,   violates  any  provision  of  article  23 of this chapter or commits any   offense described in section 71-1305 of this title shall be guilty of  a   misdemeanor  and,  upon  conviction thereof, shall be punished by a fine   not to exceed one thousand  dollars  for  each  day  during  which  such   violation  continues  or by imprisonment for a term of not more than one   year, or by both such fine and imprisonment. If the conviction is for  a   subsequent  offense  committed  after  a first conviction of such person   under this subdivision, punishment shall be by  a  fine  not  to  exceed   eight  thousand  dollars  for  each  day  during  which  such  violation   continues or by imprisonment for a term of not more than one year, or by   both such fine and imprisonment.4. This section shall not  affect  the  rights  of  any  other  person   seeking damages arising out of a violation.5. 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.