NY Env Conserv L § 71-2703 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 27 - Enforcement of Article 27 and Article 71 71-2703 - Violations of Title 3 or 7 of Article 27 of This Chapter.

§ 71-2703. Violations of title 3 or 7 of article 27 of this chapter.1. Civil and administrative sanctions.  a. Any person who violates any   of  the provisions of, or who fails to perform any duty imposed by title   3 or 7 of  article  27  of  this  chapter  or  any  rule  or  regulation   promulgated   pursuant   thereto,  or  any  term  or  condition  of  any   certificate  or  permit  issued   pursuant   thereto,   or   any   final   determination  or  order of the commissioner made pursuant to this title   shall be liable for a civil penalty not to exceed  seven  thousand  five   hundred dollars for each such violation and an additional penalty of not   more  than  one  thousand five hundred dollars for each day during which   such violation continues, to be assessed by the  commissioner  after  an   opportunity to be heard pursuant to the provisions of section 71-1709 of   this  article,  or  by the court in any action or proceeding pursuant to   section 71-2727 of this title, and, in addition thereto, such person may   by similar process be enjoined from continuing such  violation  and  any   permit  or certificate issued to such person may be revoked or suspended   or a pending renewal application denied.b. i. Any person who violates any of the provisions of, or  who  fails   to  perform  any  duty  imposed  by,  title 3 or 7 of article 27 of this   chapter, or any rule or regulation promulgated pursuant thereto, or  any   term  or  condition of any certificate or permit issued pursuant thereto   and thereby causes the release of  solid  waste  into  the  environment,   shall  be  liable  for a civil penalty not to exceed eleven thousand two   hundred fifty dollars for each such violation and an additional  penalty   of  not more than eleven thousand two hundred fifty dollars for each day   during  which  such  violation  continues,  to  be   assessed   by   the   commissioner after an opportunity to be heard pursuant to the provisions   of  section  71-1709  of  this article, or by the court in any action or   proceeding pursuant to section 71-2727 of this title, and,  in  addition   thereto,  such person may by similar process be enjoined from continuing   such violation and any permit or certificate issued to such  person  may   be revoked or suspended or a pending renewal application denied.ii.  Any person who violates any of the provisions of, or who fails to   perform any duty imposed by, title 3 or 7 of article 27 of this chapter,   or any rule or regulation promulgated pursuant thereto, or any  term  or   condition  of  any  certificate  or  permit  issued pursuant thereto and   thereby causes the release of more than ten cubic yards of  solid  waste   into  the environment, shall be liable for a civil penalty not to exceed   twenty-two thousand five hundred dollars for each such violation and  an   additional  penalty  of  not  more than twenty-two thousand five hundred   dollars for each day  during  which  such  violation  continues,  to  be   assessed  by  the commissioner after an opportunity to be heard pursuant   to the provisions of section 71-1709 of this article, or by the court in   any action or proceeding pursuant to section 71-2727 of this title, and,   in addition thereto, such person may by similar process be enjoined from   continuing such violation and any permit or certificate issued  to  such   person  may  be  revoked  or  suspended or a pending renewal application   denied.c. The court in any action or proceeding pursuant to  section  71-2727   of this chapter may exercise all powers exercisable by the commissioner.2.  Criminal sanctions.  a. Any person who, having any of the culpable   mental states defined in section 15.05 of the penal law,  shall  violate   any  of  the  provisions  of or who fails to perform any duty imposed by   title 3 or 7 of article 27 of this chapter, or any rules and regulations   promulgated pursuant thereto, or any final determination or order of the   commissioner made pursuant to this title shall be guilty of a  violation   and,  upon  conviction  thereof, shall be punished by a fine of not less   than one thousand five hundred dollars nor more  than  fifteen  thousand    dollars  per  day  of  violation  or  by  imprisonment for not more than   fifteen days or by both such fine and imprisonment.b. i. Any person who shall violate paragraph a of this subdivision and   thereby  causes  or attempts to cause the release of more than ten cubic   yards of solid waste into the environment shall be guilty of a  class  B   misdemeanor and, upon conviction thereof, shall be punished by a fine of   not  less  than  three  thousand seven hundred fifty dollars per day nor   more than twenty-two thousand five hundred dollars per day of violation,   or by imprisonment for a term in accordance with the penal  law,  or  by   both such fine and imprisonment.ii.  Any  person who shall violate paragraph a of this subdivision and   thereby causes or attempts to cause the release of more than  ten  cubic   yards  of  solid waste into the environment, after having been convicted   of a violation of this subdivision  within  the  preceding  five  years,   shall  be  guilty of a class A misdemeanor and, upon conviction thereof,   shall be punished by a fine  of  not  less  than  three  thousand  seven   hundred  fifty  dollars per day nor more than thirty-seven thousand five   hundred dollars per day of violation, or by imprisonment for a  term  in   accordance with the penal law, or by both such fine and imprisonment.c. i. Any person who shall violate paragraph a of this subdivision and   thereby  causes  or  attempts  to cause the release of more than seventy   cubic yards of solid waste into the environment shall  be  guilty  of  a   class A misdemeanor and, upon conviction thereof, shall be punished by a   fine of not less than three thousand seven hundred fifty dollars per day   nor  more  than  thirty-seven  thousand  five hundred dollars per day of   violation, or by imprisonment for a term in accordance  with  the  penal   law, or by both such fine and imprisonment.ii.  Any  person who shall violate paragraph a of this subdivision and   thereby causes or attempts to cause the release  of  more  than  seventy   cubic  yards  of  solid  waste  into  the environment, after having been   convicted of a violation of this subdivision within the  preceding  five   years, shall be guilty of a class E felony and, upon conviction thereof,   shall be punished by a fine of not less than seven thousand five hundred   dollars  per  day nor more than seventy-five thousand dollars per day of   violation, or by imprisonment for a term in accordance  with  the  penal   law, or by both such fine and imprisonment.3. Additional sanctions. Any person who violates any of the provisions   of,  or  who fails to perform any duty imposed by title 7 of article 27,   with regard to the construction and  operation  of  facilities  for  the   disposal of construction and demolition debris or any rule or regulation   promulgated   pursuant   thereto,  or  any  term  or  condition  of  any   certificate or permit issued pursuant thereto or any final determination   or order of the commissioner made pursuant to this title shall be liable   for a civil penalty not to exceed fifteen thousand dollars and each  day   of  such deposition shall constitute a separate violation and said civil   penalty is in addition to any other fines  or  penalties  which  may  be   applied pursuant to this title.4.  Definition. As used in this section, the following term shall have   the following meaning "release" means any  pumping,  pouring,  emitting,   emptying, discharge, deposit, injection, dumping, spilling or placing of   a substance.5. Penalty assessment criteria. In determining the amount of any fine,   penalty  or  sentence imposed pursuant to this section, the commissioner   or the court shall take into consideration any evidence introduced by  a   party  regarding  the  economic  impact  of a penalty on a business, the   compliance history of a violator, good faith efforts of  a  violator  to   comply,  any economic benefit obtained from noncompliance, the amount of   risk or damage to public health or the environment caused by a violator,    whether the violation was procedural in nature, or such other factors as   justice may require.