NY Env Conserv L § 71-2907 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 29 - Enforcement of Article 33 71-2907 - Sanctions.

§ 71-2907. Sanctions.1.  Administrative  sanctions.  Except  as  otherwise provided in this   subdivision, any person who violates any provision of article 33 of this   chapter or any rule, regulation or order issued  thereunder  or  commits   any offense described in section 33-1301 of this chapter shall be liable   to  the  people  of  the  state  for  a civil penalty not to exceed five   thousand dollars for a first violation, and not to exceed  ten  thousand   dollars  for  a  subsequent  offense, to be assessed by the commissioner   after  a  hearing  or  opportunity  to  be  heard.  Notwithstanding  any   provision  of  law  to  the  contrary,  an  owner  or owner's agent of a   multiple dwelling or owner, owner's agent or a person in a  position  of   authority  for all other types of premises, as such terms are defined in   paragraph d of subdivision five of section 33-0905 of this chapter,  who   violates  any  provision  of a local law adopted pursuant to subdivision   one of section 33-1004 of this chapter relating to paragraph b  of  such   subdivision,  and  a  person,  who violates any provision of a local law   adopted pursuant to subdivision one of section 33-1004 of  this  chapter   relating  to  paragraph c of such subdivision, and a person who violates   the provisions of subdivision three of section three hundred ninety-c of   the social services law shall, for a first such violation, in lieu of  a   penalty,   be  issued  a  written  warning  and  shall  also  be  issued   educational materials pursuant to subdivision two of section 33-1005  of   this  chapter.  Such  person  shall, however, for a second violation, be   liable to the people of the state for a civil penalty not to exceed  one   hundred  dollars,  and  not  to exceed two hundred fifty dollars for any   subsequent violation, such penalties to be assessed by the  commissioner   after a hearing or opportunity to be heard.Notwithstanding  any  provision of law to the contrary, any person who   violates the provisions of a local law adopted pursuant  to  subdivision   one  of  section 33-1004 of this chapter relating to paragraph a of such   subdivision, shall be issued a warning for the first violation and shall   be provided seven days to correct such violation; and shall be liable to   the people of the state for a civil penalty not to  exceed  one  hundred   dollars  for  a  second  violation,  and not to exceed two hundred fifty   dollars for a subsequent violation, 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.  Any civil penalty assessed by the commissioner under this   subdivision shall be reviewable in a proceeding under article 78 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 the culpable mental   states defined in subdivision one or two of section 15.05 or in  section   20.20  of  the  penal  law, violates any provision of article 33 of this   chapter or any  rule,  regulation  thereunder  or  commits  any  offense   described in section 33-1301 of this chapter, except an offense relating    to  the  application  of  a  general  use pesticide shall be guilty of a   misdemeanor and, upon conviction thereof, shall be punished  by  a  fine   not  to  exceed  five  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  ten   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. When a violation consists of the manufacture or   production of any prohibited article, each day during which or any  part   of  which  such  manufacture  or  production is carried on or continued,   shall be deemed a  separate  violation.  Any  person  who  violates  any   provision  of  article  33  of  this  chapter  or any rule or regulation   thereunder or commits any offense described in section 33-1301  of  this   chapter  relating  to the use of a general use pesticide shall be guilty   of a violation and, upon conviction thereof, shall be punished by a fine   not to exceed twenty-five hundred dollars. If the conviction  is  for  a   subsequent  offense  committed  after  the first such conviction of such   person under this subdivision, punishment shall be  by  a  fine  not  to   exceed  five thousand dollars. Prosecution hereunder may be conducted by   either the attorney general or the  district  attorney  consistent  with   section  71-0403  of this article. With respect to violations of section   33-1004 of this chapter, penalties imposed pursuant to this  subdivision   may  be  assessed  only  against  a  person  providing a commercial lawn   application.4. When a violation consists of the sale, or the offering or  exposing   for sale or exchange of any prohibited article or substance, the sale of   each  one of several packages shall constitute a separate violation, and   each day on which any such article or substance is  offered  or  exposed   for sale or exchange shall constitute a separate violation. When the use   of any such article or substance is prohibited, each day during which or   any  part of which such article or substance is so used or furnished for   use, shall constitute a separate violation, and the  furnishing  of  the   same  for  use  to  each  person to whom the same may be furnished shall   constitute a separate violation. When the  storage  of  any  article  is   prohibited beyond a certain period, each day during which or any part of   which any article is so stored beyond the period provided for by article   33 of this chapter or this title shall constitute a separate violation.5.  This  section  shall  not  affect  the  rights of any other person   seeking damages arising out of a violation.