2023 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.