NY Env Conserv L § 23-1715 (2021)
2021 New York Laws ENV - Environmental Conservation Article 23 - Mineral Resources Title 17 - Liquefied Natural and Petroleum Gas 23-1715 - Inspection to Insure Compliance; Allocation of Enforcement Costs; Revocation; Civil and Criminal Penalties.

§ 23-1715. Inspection  to  insure  compliance; allocation of enforcementcosts; revocation; civil and criminal penalties.1. The department shall have continuing responsibility  of  inspection   to  insure  compliance  with the terms of an environmental safety permit   issued under section  23-1707,  of  route  certification  under  section   23-1713,  and  with  regard  to  non-conforming facilities under section   23-1719, all in accordance with the terms of this title. It  may  do  so   either  with  its  own personnel exclusively, or by contract with one or   more of the  affected  municipalities,  utilizing  municipal  inspection   personnel,  or  with  one  or  more  private  firms qualified to monitor   compliance and certify with respect thereto, or by a combination of  the   foregoing means as it may by regulation provide.2.  The  expense  of  enforcement  of  this  act,  including necessary   training and qualification of municipal fire department personnel  under   section  23-1717, shall be allocated by the department and assessed upon   an appropriate basis against the utilities and  others  subject  to  the   terms of this title, in order that the administration hereof shall be at   no  net  expense  to  the state or any affected municipality, but rather   charged  on  an  allocated  basis  to  the  regulated  corporations  and   individuals subject to the requirements of this title, to be included as   part  of  the  expense related to the furnishing of this form of energy,   and properly to be borne by the users thereof.3. After notice and upon hearing if requested,  the  department  shall   determine  the  reasonable  cost  to  the  department of its enforcement   responsibilities under this title, including direct  costs,  contractual   obligations  under  subdivision  one  of  this section and under section   23-1717, and allocated departmental overhead; and, further, shall assess   said total cost, on an annual basis, against the  utilities  and  others   subject to this title, allocated on the basis of direct costs related to   each  of  the  foregoing,  including contractual obligations incurred in   enforcement and training, and allocated departmental overhead charged on   the basis of departmental action required during the year with regard to   the particular utilities and others subject to  its  administration  and   enforcement responsibilities.4.  In  the  event  of  the  failure of the holder of an environmental   safety permit issued under section 23-1707, of route certification under   section 23-1713, or of a non-conforming facility under  section  23-1719   to  comply  with  the  terms  thereof or the provisions of the rules and   regulations adopted under article 70 of this chapter, the department may   revoke said permit or certificate pursuant to the provisions of  article   70  of  this  chapter  and  impose  upon  the  holder  of such permit or   certificate a civil penalty of up to one thousand dollars for  each  day   the  holder  thereof has failed to comply with this title or a permit or   certificate issued hereunder, together with the allocated costs  of  the   revocation and enforcement proceeding itself.5.  In  addition  to  any  civil  penalty  assessed  by the department   pursuant to subdivision four of this section, any person  who  knowingly   violates  any provision of this title, any permit or certificate granted   under this title, or any order, rule, or regulation issued  pursuant  to   this  title, except where such violation is unintentional and technical,   shall be guilty of a class A misdemeanor.