reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1932 - Definitions.

§ 71-1932. Definitions.
As  used  in  section 71-1933 of this title, the following terms shall
  have the following meanings:
1. "Hazardous substance" means any substance which:
a. is identified or listed as a hazardous  waste  or  acute  hazardous
  waste  in  regulations  promulgated  pursuant to section 27-0903 of this
  chapter and all amendments thereto, regardless of whether at the time of
  release the substance was actually a waste; or
b. appears on the list of substances hazardous or acutely hazardous to
  public  health,  safety  or  the  environment  promulgated  pursuant  to
  paragraphs  (a)  and  (b)  of subdivision one of section 37-0103 of this
  chapter and all amendments thereto.
2. "Organization" means a  legal  entity,  other  than  a  government,
  established  or  organized  for  any  purpose, including, a corporation,
  company,  association,   firm,   partnership,   joint   stock   company,
  foundation,  institution, trust, society, union or any other association
  of persons.
3. "Person"  means  an  individual,  public  or  private  corporation,
  responsible corporate officer, political subdivision, government agency,
  department  or  bureau of the state or federal government, municipality,
  industry, co-partnership, association, firm, trust, estate or any  other
  legal entity whatsoever.
4.  "Pollutant" means dredged spoil, solid waste, incinerator residue,
  sewage, garbage, sewage sludge, munitions, chemical  wastes,  biological
  materials,  radioactive materials, heat, wrecked or discarded equipment,
  rock, sand and industrial, municipal and agricultural waste.
5. "Serious bodily injury" means "serious physical injury" as  defined
  in subdivision ten of section ten of the penal law.
6.  "Sewer system" means pipe lines or conduits, pumping stations, and
  force mains,  and  all  other  constructions,  devices,  and  appliances
  appurtenant  thereto,  used  for  conducting sewage, industrial waste or
  other wastes to a point of ultimate disposal.
7. "Treatment works" means any plant, disposal field, lagoon,  pumping
  station, constructed drainage ditch or surface water intercepting ditch,
  incinerator,  area  devoted  to  sanitary  landfills,  or other work not
  specifically mentioned herein, installed for the  purpose  of  treating,
  neutralizing,  stabilizing, or disposing of sewage, industrial wastes or
  other wastes.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1935 - Emergencies Excepted.

§ 71-1935. Emergencies excepted.
The  civil  and  criminal  liabilities imposed by sections 71-1929 and
  71-1933 of this title upon persons violating the provisions of titles  1
  through  11 inclusive and title 19 of article 17 and by sections 71-1929
  and 71-1933 of  this  title  shall  not  be  construed  to  include  any
  violation  which was caused by an act of God, war, strike, riot or other
  catastrophe as to which negligence or willful misconduct on the part  of
  such person was not the proximate cause.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1937 - Jurisdiction of Courts in Criminal Cases.

§ 71-1937. Jurisdiction of courts in criminal cases.
County  courts  shall  have,  in  the  first instance, jurisdiction of
  felonies committed under titles 1 through 11 inclusive and title  19  of
  article 17 and sections 71-1929 through 71-1939 of this article. Subject
  to  the  power of removal provided in the Criminal Procedure Law, police
  courts shall have, in the first  instance,  concurrent  jurisdiction  of
  misdemeanors  committed under titles 1 through 11 inclusive and title 19
  of article 17 and sections 71-1929 through 71-1939 of this  article.  An
  action  before  a  justice  of the peace shall be brought in the town in
  which the offense was committed or  an  adjoining  town  and  an  action
  before  a  county  court  shall  be  brought  in the county in which the
  offense  was  committed.  A  warrant  shall  be  returnable  before  the
  magistrate or county judge issuing the same.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1939 - Local Enforcement.

§ 71-1939. Local enforcement.
1.  The  health  commissioner  of  any  county  or  part-county health
  district or city is hereby authorized and empowered to bring  an  action
  in  any  court of competent jurisdiction for the recovery of any penalty
  provided in section 71-1929 for  any  violation  of  the  provisions  of
  titles  1  through  11 inclusive and title 19 of article 17 and sections
  71-1929 through 71-1939 of this article occurring  in  the  district  or
  city in which such health commissioner has jurisdiction,
a. from a source described in subdivision 5 of section 17-0701, or
b.  resulting  from  a  failure  to  comply with the terms of a permit
  issued by such county or city  pursuant  to  subdivision  6  of  section
  17-0701.    Such  health commissioner may, in his discretion, compromise
  any penalty sued  for  in  such  action  at  any  stage  thereof  before
  judgment.
2. Any penalty collected pursuant to this section shall be paid to the
  district  or  city, except that any penalty for a violation resulting in
  the killing of fish or shellfish shall be credited to  the  conservation
  fund  established  by  section 83 of the State Finance Law, and shall be
  available for the uses and purposes of such fund.
3. a. The health commissioner of any county which has been approved by
  the  commissioner  pursuant  to  section  17-1017  of  this  chapter  to
  administer  and  enforce  a  local  law  or  ordinance  related  to  the
  provisions of title ten of article seventeen of this chapter  is  hereby
  authorized  and  empowered  to bring an action in any court of competent
  jurisdiction for the recovery of any penalty provided in section 71-1929
  of this title for any violation of title ten  of  article  seventeen  of
  this  chapter  occurring  in  the  county  in  which  the  county health
  commissioner has jurisdiction.
b. All fines and penalties  collected  pursuant  to  this  subdivision
  shall  be  paid  to  the  district  or  county,  provided, however, that
  one-quarter of such fines and penalties received shall be  paid  to  the
  general fund to the credit of the state purposes account.
4.  Within  three  days  after  bringing any action authorized by this
  section said health commissioner shall by registered mail serve upon the
  Attorney General  and  the  commissioner  a  copy  of  the  summons  and
  complaint,  if  any,  in such action, with a statement as to the date or
  dates of service thereof upon the defendant  or  defendants,  or,  if  a
  complaint  has  not  been  served  with  the summons, a statement of the
  particulars of the violation or violations upon which  such  action  was
  based.  The  Attorney  General  is hereby authorized to intervene in any
  such action in order to protect the interests of the state.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1941 - Penalties and Liability for Spills of Bulk Liquids.

§ 71-1941. Penalties and liability for spills of bulk liquids.
1.  Except  where  the  owner of or a person in actual or constructive
  possession or control of more than one thousand one hundred gallons,  in
  bulk,  of  any  liquid  including petroleum which, if released, would or
  would be likely to pollute the lands or waters of  the  state  including
  the  groundwaters  thereof  can  prove that the entry or presence of any
  part of such liquid onto such lands or into or in such waters causing or
  contributing to a condition therein in contravention  of  the  standards
  adopted or deemed adopted by the water pollution control board or any of
  its  legal successors was caused solely by (A) an act of God, (B) an act
  of war, (C) negligence on the part of the  United  States  or  New  York
  State  Government  or  (D)  an  act or omission of a third party without
  regard to whether any such act or omission was or was not negligent,  or
  any  combination of the foregoing clauses, such owner or person shall be
  liable for a penalty of not more than three thousand seven hundred fifty
  dollars for an initial incident resulting in or contributing to  such  a
  contravention  and for an additional penalty not to exceed seven hundred
  fifty  dollars  for  each  day  during  which  such   contravention   or
  contribution  thereto  continues, and in addition shall be liable to the
  people of the state of New York for the actual costs incurred by  or  on
  behalf  of  the people of the state for the removal or neutralization of
  such liquid and for any and all reasonable measures taken  or  attempted
  to reduce, limit or diminish the extent or effect of such contravention.
2.  Such  penalty or reimbursement or both due the people of the state
  by reason of the liability provided in subdivision one of  this  section
  may be assessed by the commissioner by order after a hearing or hearings
  noticed  and  conducted  and  reviewable  as  provided  in title nine of
  article seventeen, or opportunity to be heard, or  be  recovered  in  an
  action or actions brought by the attorney general.
3.  In  assessing  the  amount of any such penalty the commissioner or
  court shall consider:
a. The type, extent and amount of  damage  which  resulted  from  such
  incident.
b.  The  degree  of care taken by or on behalf of the party charged to
  prevent the occurrence of the incident.
c. The efforts made by or on behalf of the party charged to reduce  or
  mitigate the damage which resulted from the incident.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1943 - Enforcement of Section 17-1743.

§ 71-1943. Enforcement of section 17-1743.
Any  person  who  fails  to  so notify the department of such release,
  discharge or spill into the waters of the state as described in  section
  17-1743  of  this chapter shall, upon conviction, be fined not more than
  three thousand seven hundred fifty dollars or imprisoned  for  not  more
  than one year, or both.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 19 - Enforcement of Titles 1 Through 11 and 15 Through 21 Inclusive of Article 17 and Spills of Bulk Liquids › 71-1945 - Enforcement of Title 21 of Article 17.

§ 71-1945. Enforcement of title 21 of article 17.
1.  Except  as  otherwise  provided  in  this  section, any person who
  violates any provision of title 21 of article 17 of this chapter or  any
  rule,  regulation  or  order  issued  thereunder  shall be liable to the
  people of the state for a civil  penalty  not  to  exceed  five  hundred
  dollars  for  a  first violation, and not to exceed one thousand dollars
  for each subsequent violation, to be assessed by the commissioner  after
  a hearing or opportunity to be heard.
2. Any owner or owner's agent, or occupant of a household who violates
  any  provision  of  title  21 of article 17 of this chapter or any rule,
  regulation or order issued thereunder shall, for a  first  violation  be
  issued  a  written warning and be provided educational materials. Upon a
  second violation, the owner or owner's agent, or occupant of a household
  shall be liable to the people of the state for a civil  penalty  not  to
  exceed  one  hundred dollars, and for any subsequent violations shall be
  liable to the people of the state for a civil penalty not to exceed  two
  hundred fifty dollars. No owner or owner's agent of a household shall be
  held  liable  for  any  violation  by an occupant. Such penalties may be
  assessed by the commissioner after a hearing or opportunity to be heard.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2101 - Applicability of This Title.

§ 71-2101. Applicability of this title.
In addition to the provisions of section 71-0101 and 71-0301 and title
  17  of this article, the provisions of this title shall be applicable to
  the enforcement of article 19.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2103 - Violations; Civil Liability.

§ 71-2103. Violations; civil liability.
1.  Except as provided in section 71-2113, any person who violates any
  provision of article nineteen or any code, rule or regulation which  was
  promulgated  pursuant  thereto;  or  any order except an order directing
  such person to  pay  a  penalty  by  a  specified  date  issued  by  the
  commissioner  pursuant  thereto, shall be liable, in the case of a first
  violation, for a penalty not less than five  hundred  dollars  nor  more
  than  eighteen  thousand  dollars  for  said violation and an additional
  penalty of not to exceed fifteen thousand dollars for  each  day  during
  which  such  violation continues. In the case of a second or any further
  violation, the liability shall be for a penalty not to exceed twenty-six
  thousand dollars for said violation and an  additional  penalty  not  to
  exceed  twenty-two  thousand  five  hundred  dollars for each day during
  which such violation continues. In addition thereto, such person may  be
  enjoined from continuing such violation as hereinafter provided.
2.  The penalty provided for in subdivision 1 of this section shall be
  recoverable in an action brought by the Attorney General.
3. An action or cause of action for the recovery of  a  penalty  under
  article  19  may be settled or compromised by the Attorney General after
  proceedings are brought to recover such penalties prior to the entry  of
  judgment therefor.
4.  Any  fines  collected  for  violations  of section 19-0320 of this
  chapter shall be deposited in the clean air fund, to the credit  of  the
  mobile  source  account,  in  accordance  with the provisions of section
  ninety-seven-oo of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2105 - Criminal Liability for Violations.

§ 71-2105. Criminal liability for violations.
1.  Except  as  provided  in  section  71-2113,  any  person who shall
  wilfully violate any of the provisions of article 19 or any  code,  rule
  or regulation promulgated pursuant thereto or any final determination or
  order of the commissioner made pursuant to article 19 shall be guilty of
  a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
  fine, in the case of a first conviction, of not less than  five  hundred
  dollars nor more than eighteen thousand dollars or by imprisonment for a
  term  of  not more than one year, or by both such fine and imprisonment,
  for each separate  violation.  If  the  conviction  is  for  an  offense
  committed   after  the  first  conviction  of  such  person  under  this
  subdivision, such person shall be punished  by  a  fine  not  to  exceed
  twenty-six  thousand  dollars,  or by imprisonment, or by both such fine
  and  imprisonment.  Each  day  on  which  such  violation  occurs  shall
  constitute a separate violation.
2.  No  prosecution under this section shall be instituted until after
  final disposition of an appeal or review, if any,  provided  by  section
  19-0511.
3.  All  prosecutions  under  this  section shall be instituted by the
  commissioner and shall be conducted by the Attorney General in the  name
  of the people of the state of New York.
4. In the prosecution of any criminal proceeding under this section by
  the  Attorney  General  and,  in  any  proceeding before a grand jury in
  connection therewith, the Attorney General shall exercise all the powers
  and perform all the duties which the District Attorney  would  otherwise
  be  authorized  or  required  to  exercise  or  perform,  and  in such a
  proceeding the District Attorney shall exercise such powers and  perform
  such duties as are requested of him by the Attorney General.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2107 - Injunctions.

§ 71-2107. Injunctions.
It  shall  be the duty of the attorney general upon the request of the
  commissioner to bring an action for an  injunction  against  any  person
  violating  a provision of article nineteen; any code, rule or regulation
  promulgated pursuant thereto; or any order of  the  commissioner  issued
  pursuant thereto; provided, however, that the commissioner shall furnish
  the attorney general with such material, evidentiary matter, or proof as
  may  be  requested  by  the attorney general for the prosecution of such
  action. In any action for injunction brought pursuant to this title, any
  finding of the commissioner shall be prima facie evidence of the fact or
  facts found therein.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2109 - Emergencies Excepted.

§ 71-2109. Emergencies excepted.
The   civil  liabilities  which  shall  be  imposed  pursuant  to  the
  provisions of this title upon persons violating the  provisions  of  any
  code,  rule  or  regulation  shall not be so construed as to include any
  violation which was  caused  by  an  act  of  God,  war,  strike,  riot,
  catastrophe  or  other  condition  as  to  which  negligence  or willful
  misconduct on the part of such person was not the proximate cause.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2111 - Enforcement of Air Pollution Emergency Rules and Regulations.

§ 71-2111. Enforcement of air pollution emergency rules and regulations.
Any  person  who  violates  any  of  the  provisions of any regulation
  promulgated by the  commissioner  under  authority  of  paragraph  y  of
  subdivision one of section 3-0301 shall be liable for a civil penalty of
  not more than twenty-five hundred dollars for each such violation and an
  additional  penalty  of  not more than five hundred dollars for each day
  during which such violation continues, and, in  addition  thereto,  such
  persons  may  be  enjoined from continuing such violation. Penalties and
  injunctive relief provided herein shall  be  recoverable  in  an  action
  brought  by  the  attorney general at the request and in the name of the
  commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2113 - Violations of Section 19-0304 of Article 19 of This Chapter.

§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.
1.  Civil and administrative sanctions. Any person who violates any of
  the provisions of, or who fails to perform any duty imposed  by  section
  19-0304  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 article 19 of this  chapter  concerning  a
  violation of section 19-0304 of this chapter shall be liable in the case
  of  a  first  violation,  for a civil penalty not to exceed thirty-seven
  thousand five hundred dollars and an additional penalty of not more than
  thirty-seven 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 71-2107 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. In the case of a second and any
  further  violation,  the  liability  shall be for a civil penalty not to
  exceed seventy-five thousand dollars for  each  such  violation  and  an
  additional  penalty not to exceed seventy-five thousand dollars for each
  day during which such violation continues.
2. Criminal sanctions. 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
  section   19-0304   of  this  chapter,  or  any  rules  and  regulations
  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  article  19
  of  this  chapter  concerning  a  violation  of  section 19-0304 of this
  chapter shall be guilty of a misdemeanor and, upon  conviction  thereof,
  shall  for  a  first  conviction  be  punished  by  a fine not to exceed
  thirty-seven thousand five hundred dollars per day of  violation  or  by
  imprisonment for a term of not more than one year, or both such fine and
  imprisonment.  If  the  conviction  is  for an offense committed after a
  first conviction of such person under this subdivision, punishment shall
  be by a fine not to exceed seventy-five  thousand  dollars  per  day  of
  violation,  or  by  imprisonment  for not more than two years or by both
  such fine and imprisonment.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations › 71-2115 - Penalty Assessment Criteria.

§ 71-2115. Penalty assessment criteria.
In  determining  the  amount  of any fine, penalty or sentence imposed
  pursuant to this title, 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.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 22 - Enforcement of Title 23 of Article 23 › 71-2201 - Enforcement of Title 23 of Article 23 of This Chapter.

§ 71-2201. Enforcement of title 23 of article 23 of this chapter.
Administrative  and civil sanctions. 1. Any person who violates any of
  the provisions of, or who fails to perform any duty imposed by title  23
  of  article  23  except  the duty to accept used oil pursuant to section
  23-2307 or any  person  subject  to  section  23-2308  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 section
  shall be liable for a civil penalty not to exceed one  thousand  dollars
  for  each such violation and an additional penalty of not more than five
  hundred dollars for each day during which such violation  continues,  to
  be  assessed  by  the  commissioner after a hearing or opportunity to be
  heard pursuant to the provisions of section  71-1709  of  this  chapter,
  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.
2. Any person who refuses to accept used oil as required  pursuant  to
  subdivision  two  of section 23-2307 shall be liable for a civil penalty
  not to exceed one hundred dollars.
3. Any person who violates any provision of section  23-2308  of  this
  chapter  shall  be  subject to a civil penalty not to exceed two hundred
  fifty dollars for each violation.
4. Notwithstanding any other provision of law, any  person  who  shall
  violate  the  provisions  of paragraph (c) of subdivision one of section
  23-2307 or paragraph (d) of subdivision two of section 23-2307  of  this
  chapter  shall  be  liable  for  a  civil  penalty of not more than five
  hundred dollars, and an additional civil penalty of not more  than  five
  hundred  dollars for each day during which such violation continues, not
  to exceed ten thousand dollars.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 23 - Enforcement of Article 24 › 71-2301 - Applicability of Title.

§ 71-2301. Applicability of title.
In  addition  to the provisions of sections 71-0101, 71-0301 and title
  five of this article, the provisions of this title shall  be  applicable
  to the enforcement of article twenty-four of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 23 - Enforcement of Article 24 › 71-2305 - Enforcement.

§ 71-2305. Enforcement.
1.  The  attorney general, upon their own initiative or upon complaint
  of the commissioner or local government, shall prosecute persons alleged
  to have violated article twenty-four of this chapter.
2. The commissioner or local government shall have the right  to  seek
  equitable  relief  to  restrain any violation or threatened violation of
  any provisions of article twenty-four.
3. In exercising its authority pursuant  to  title  eight  of  article
  twenty-four  of  this  chapter,  the  Adirondack  park agency shall have
  authority to exercise the powers of the commissioner to enforce  article
  twenty-four  set  forth  in  this title; provided, however, that nothing
  herein contained shall empower the agency to exercise the powers granted
  the commissioner by section 71-0525 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 23 - Enforcement of Article 24 › 71-2307 - Abatement of Pollution.

§ 71-2307. Abatement of pollution.
Where  any  freshwater  wetlands  have  been  damaged or endangered by
  pollution or are subject to pollution, the commissioner shall  take  all
  appropriate action to abate the pollution. The commissioner may restrict
  or  order  cessation  of  solid  waste  disposal, deep well disposal, or
  liquid waste  disposal  where  such  is  polluting  a  given  freshwater
  wetland.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 25 - Enforcement of Article 25 › 71-2505 - Enforcement.

§ 71-2505. Enforcement.
The  attorney  general, on his own initiative or at the request of the
  commissioner, shall prosecute persons who violate  article  twenty-five.
  In  addition  the  attorney  general,  on  his  own initiative or at the
  request of the commissioner, shall have the right  to  recover  a  civil
  penalty  of  up  to  ten  thousand  dollars  for  every violation of any
  provision of such article, and to seek equitable relief to restrain  any
  violation  or  threatened  violation  of such article and to require the
  restoration of any affected tidal wetland or area  immediately  adjacent
  thereto  to  its  condition  prior  to the violation, insofar as that is
  possible, within a reasonable time and  under  the  supervision  of  the
  commissioner.  In  the  case  of  a  continuing  violation,  each  day's
  continuance thereof shall be deemed a separate and distinct violation.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 25 - Enforcement of Article 25 › 71-2507 - Pollution of Tidal Wetlands.

§ 71-2507. Pollution of tidal wetlands.
Where  any  tidal  wetlands are subject to pollution, the commissioner
  and attorney general shall take all  appropriate  action  to  abate  the
  pollution. In addition, the commissioner may restrict or order cessation
  of  solid  waste  disposal, deep well disposal, or liquid waste disposal
  where such is polluting a given area of tidal wetland. Where pesticides,
  chemical products, or fertilizer residues are the polluting agents,  the
  commissioner  shall  confer  with  other appropriate public officials to
  limit the use of such substances  at  their  source;  after  appropriate
  consultations,  the  commissioner may make such rules and regulations as
  he  deems  necessary  under  section   3-0301   of   the   environmental
  conservation law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2701 - Applicability of Title.

§ 71-2701. Applicability of title.
In  addition to the provisions of sections 71-0101 and 71-0301 of this
  article, the provisions  of  this  title  shall  be  applicable  to  the
  enforcement of article 27 and to this title.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2705 - Violations of Titles 9, 11 and 13 of Article 27 of This Chapter.

§ 71-2705. Violations  of  titles  9,  11  and  13 of article 27 of this
chapter.
1. Civil and administrative sanctions. Any person who violates any  of
  the provisions of, or who fails to perform any duty imposed by titles 9,
  11  and  13 of article 27 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 in the case  of
  a  first  violation,  for  a  civil  penalty  not to exceed thirty-seven
  thousand five hundred dollars and an additional penalty of not more than
  thirty-seven 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. In the case of a second and any
  further  violation,  the  liability  shall be for a civil penalty not to
  exceed seventy-five thousand dollars for  each  such  violation  and  an
  additional  penalty not to exceed seventy-five thousand dollars for each
  day during which such violation continues.
2. Criminal sanctions. 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
  titles  9,  11  and  13  of  article  27  or  any  rules and regulations
  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 guilty of a misdemeanor and, upon conviction thereof, shall for
  a  first  conviction  be  punished  by a fine not to exceed thirty-seven
  thousand five hundred dollars per day of violation  or  by  imprisonment
  for  a  term  of  not  more  than  one  year,  or  both  such  fine  and
  imprisonment. If the conviction is for  an  offense  committed  after  a
  first conviction of such person under this subdivision, punishment shall
  be  by  a  fine  not  to exceed seventy-five thousand dollars per day of
  violation, or by imprisonment for not more than two  years  or  by  both
  such fine and imprisonment.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2706 - Enforcement of Section 27-1311.

§ 71-2706. Enforcement of section 27-1311.
Any  person not subject to subdivision four of section seventy-four of
  the  public  officers  law,  who  knowingly  and   willfully   discloses
  confidential  information  which is entitled to protection under article
  six of the public officers law and section 27-1311 of this chapter shall
  be guilty of a misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2707 - Unlawful Possession of Hazardous Wastes in the Second Degree.

§ 71-2707. Unlawful possession of hazardous wastes in the second degree.
No person shall:
1.  Knowingly  possess  more  than one hundred gallons or one thousand
  pounds, whichever is less, of an aggregate weight or volume of hazardous
  wastes at a place other than the site of generation; or
2. Recklessly possess more than two hundred gallons  or  two  thousand
  pounds, whichever is less, of an aggregate weight or volume of hazardous
  wastes at a place other than the site of generation.
Unlawful  possession  of  hazardous  wastes  in the second degree is a
  class E felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2709 - Unlawful Possession of Hazardous Wastes in the First Degree.

§ 71-2709. Unlawful possession of hazardous wastes in the first degree.
No person shall:
1.  Knowingly possess acute hazardous wastes at a place other than the
  site of generation; or
2. Knowingly possess more than  fifteen  hundred  gallons  or  fifteen
  thousand  pounds, whichever is less, of an aggregate weight or volume of
  hazardous wastes at a place other than the site of generation; or
3.  Recklessly  possess  more  than  twenty-five  hundred  gallons  or
  twenty-five  thousand  pounds, whichever is less, of an aggregate weight
  or volume of hazardous  wastes  at  a  place  other  than  the  site  of
  generation.
Unlawful  possession of hazardous waste in the first degree is a class
  D felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2710 - Endangering Public Health, Safety or the Environment in the Fifth Degree.

§ 71-2710. Endangering  public  health, safety or the environment in the
fifth degree.
A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the fifth degree when with criminal negligence he engages
  in  conduct  which causes the release of more than five gallons or fifty
  pounds, whichever is less,  of  an  aggregate  weight  or  volume  of  a
  substance hazardous to public health, safety or the environment.
Endangering  public  health,  safety  or  the environment in the fifth
  degree is a class B misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2711 - Endangering Public Health, Safety or the Environment in the Fourth Degree.

§ 71-2711. Endangering  public  health, safety or the environment in the
fourth degree.
A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the fourth degree when:
1.  With  criminal  negligence, he engages in conduct which causes the
  release of a substance acutely hazardous to public health, safety or the
  environment; or
2. With criminal negligence, he engages in conduct  which  causes  the
  release  of  more  than  one  hundred  gallons  or  one thousand pounds,
  whichever is less, of an aggregate  weight  or  volume  of  a  substance
  hazardous to public health, safety or the environment; or
3.  He  knowingly  or  recklessly  engages in conduct which causes the
  release of a  substance  hazardous  to  public  health,  safety  or  the
  environment.
Endangering  public  health,  safety  or the environment in the fourth
  degree is a class A misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2712 - Endangering Public Health, Safety or the Environment in the Third Degree.

§ 71-2712. Endangering  public  health, safety or the environment in the
third degree.
A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the third degree when:
1.  He  recklessly  engages  in  conduct which causes the release of a
  substance acutely hazardous to public health, safety or the environment;
  or
2. He recklessly engages in conduct which causes the release  of  more
  than  two  hundred gallons or two thousand pounds, whichever is less, of
  an aggregate weight or volume of a substance hazardous to public health,
  safety or the environment; or
3. He recklessly engages in conduct which causes the release  of  more
  than  one  hundred gallons or one thousand pounds, whichever is less, of
  an aggregate weight or volume of a substance hazardous to public health,
  safety or the environment  and such release creates a  substantial  risk
  of  physical injury to any person who is not a participant in the crime;
  or
4. He or she knowingly engages in conduct which causes the release  of
  more than one hundred gallons or one thousand pounds, whichever is less,
  of  an  aggregate  weight  or  volume of a substance hazardous to public
  health, safety or the environment; or
5. With intent to dispose of construction and demolition debris, he or
  she intentionally engages in conduct that causes the  unlawful  disposal
  or  release of either ten cubic yards or more, or twenty thousand pounds
  or more, of construction and demolition debris, as  defined  in  section
  71-2702 of this title.
Endangering  public  health,  safety  or  the environment in the third
  degree is a class E felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2713 - Endangering Public Health, Safety or the Environment in the Second Degree.

§ 71-2713. Endangering  public  health, safety or the environment in the
second degree.
A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the second degree when:
1.  He  knowingly  engages  in  conduct  which causes the release of a
  substance hazardous to public health, safety or the environment and such
  release causes physical injury to any person who is not a participant in
  the crime; or
2. He knowingly engages in conduct  which  causes  the  release  of  a
  substance  acutely hazardous to public health, safety or the environment
  or the release of a substance which at the time of the conduct he  knows
  to  meet  any  of the criteria set forth in paragraph (b) of subdivision
  one of section 37-0103 of this chapter; or
3. He knowingly engages in conduct which causes the  release  of  more
  than  one  thousand  five  hundred  gallons  or fifteen thousand pounds,
  whichever is less, of an aggregate  weight  or  volume  of  a  substance
  hazardous to public health, safety or the environment; or
4.  He  recklessly  engages  in  conduct which causes the release of a
  substance acutely hazardous to public health, safety or the  environment
  and  such  release  causes  physical  injury  to any person who is not a
  participant in the crime; or
5. He knowingly engages in conduct which causes the  release  of  more
  than  one  hundred gallons or one thousand pounds, whichever is less, of
  an aggregate weight or volume of a substance hazardous to public health,
  safety or the environment and such substance enters water; or
6. He or she knowingly or recklessly engages in conduct  which  causes
  the  release  of  a  substance hazardous to public health, safety or the
  environment and such substance enters a primary water supply; or
7. With intent to dispose of construction and demolition debris, he or
  she intentionally engages in conduct that causes the  unlawful  disposal
  or  release  of either seventy cubic yards or more, or one hundred forty
  thousand pounds or more,  of  construction  and  demolition  debris,  as
  defined in section 71-2702 of this title; or
8.  With intent to dispose of a hazardous substance on the property of
  another he or she intentionally  engages  in  conduct  that  causes  the
  unlawful disposal or release of a hazardous substance; or
9. He or she recklessly disposes of any acutely hazardous substance on
  any property.
Endangering  public  health,  safety  or the environment in the second
  degree is a class D felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2714 - Endangering Public Health, Safety or the Environment in the First Degree.

§ 71-2714. Endangering  public  health, safety or the environment in the
first degree.
A person is  guilty  of  endangering  public  health,  safety  or  the
  environment in the first degree when:
1.  He  intentionally engages in conduct which causes the release of a
  substance acutely hazardous to public health, safety or the  environment
  or  the release of a substance which at the time of the conduct he knows
  to meet any of the criteria set forth in paragraph  (b)  of  subdivision
  one  of  section  37-0103  of  this  chapter  when he is aware that such
  conduct creates a substantial risk of serious  physical  injury  to  any
  person who is not a participant in the crime; or
2.  He or she knowingly engages in conduct which causes the release of
  a  substance  acutely  hazardous  to  public  health,  safety   or   the
  environment  or  the  release  of  a  substance which at the time of the
  conduct he or she knows to  meet  any  of  the  criteria  set  forth  in
  paragraph  (b) of subdivision one of section 37-0103 of this chapter and
  such release  causes  physical  injury  to  any  person  who  is  not  a
  participant in the crime;
3. With intent to dispose of an acutely hazardous substance, he or she
  intentionally  engages  in  conduct that causes the unlawful disposal or
  release of an acutely hazardous substance on any property.
Endangering public health, safety or  the  environment  in  the  first
  degree is a class C felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2715 - Unlawful Dealing in Hazardous Wastes in the Second Degree.

§ 71-2715. Unlawful dealing in hazardous wastes in the second degree.
No person shall:
1.  With  intent  that  another person possess or dispose of hazardous
  wastes without authorization, solicit, request,  command,  importune  or
  otherwise  attempt to cause such other person to engage in such conduct;
  or
2. Believing it probable that he is rendering  aid  to  a  person  who
  intends to possess or dispose of hazardous wastes without authorization,
  engage  in  conduct  which  provides  such  person  with  the  means  or
  opportunity for the commission thereof  and  which  in  fact  aids  such
  person to commit such act.
Unlawful  dealing in hazardous waste in the second degree is a class A
  misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2717 - Unlawful Dealing in Hazardous Wastes in the First Degree.

§ 71-2717. Unlawful dealing in hazardous wastes in the first degree.
No person shall:
1.  Remove, assist in the removal, or make available for removal, more
  than one hundred gallons or one thousand pounds, whichever is  less,  of
  an  aggregate  weight  or volume of hazardous wastes intending that such
  wastes are to be possessed or disposed of by a person who does not  have
  authorization; or
2.  Solicit,  agree  to receive or receive a benefit for possession or
  disposal of hazardous wastes intending that the possession  or  disposal
  is to be done without authorization; or
3.  Offer, agree to confer, confer upon another or authorize or direct
  anyone to offer, agree to confer or confer upon another  a  benefit  for
  possession or disposal of hazardous wastes intending that the person who
  is to perform such possession or disposal does not have authorization.
Unlawful  dealing  in hazardous waste in the first degree is a class E
  felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2719 - Presumptions.

§ 71-2719. Presumptions.
1.  Possession  of fifteen hundred gallons or fifteen thousand pounds,
  whichever is less, of an aggregate weight or volume of hazardous  wastes
  or  substances  hazardous  to  public health, safety or the environment,
  shall be presumptive evidence of knowledge on the part of the person  in
  possession  that  the  material  is  a  hazardous  waste  or a substance
  hazardous to public health, safety or the environment; and
2. Possession of five gallons or fifty pounds, whichever is  less,  of
  an  aggregate  weight  or volume of acute hazardous wastes or substances
  acutely hazardous to public health, safety or the environment  shall  be
  presumptive  evidence  of  knowledge  on  the  part  of  the  person  in
  possession that the material is an acute hazardous waste or a  substance
  acutely hazardous to public health, safety or the environment.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2720 - Exemption.

§ 71-2720. Exemption.
1.  For  activities  requiring  a  New  York state or federal license,
  permit  or  certificate  or  which  are  subject  to  an  order  of  the
  commissioner   or   the   administrator  of  the  federal  environmental
  protection agency, the provisions of sections 71-2707 through 71-2714 of
  this chapter shall not apply to persons who possess and whose conduct is
  subject to  and  in  compliance  with  such  a  valid  license,  permit,
  certificate  or  order  or  to  persons  whose  conduct has been granted
  interim status pursuant to the  federal  solid  waste  disposal  act  as
  amended by the resource conservation and recovery act of 1976 (42 U.S.C.
  sec.  6901  et  seq.)  or  pursuant to article 27 of this chapter or the
  rules and regulations promulgated thereunder.
2. In addition, no person who meets the requirements for an  exemption
  from  a  New York state or federal license, permit, certificate or order
  shall be deemed in violation of sections  71-2707  through  71-2714  for
  engaging  in  conduct  which  would  otherwise  require  such a license,
  permit, certificate or order.
3. No officer or employee of a municipal corporation shall  be  deemed
  in  violation of sections 71-2707 through 71-2714 of this chapter if the
  possession or release was caused by such officer or employee pursuant to
  the reasonable exercise  of  his  or  her  official  powers,  duties  or
  functions on behalf of such corporation.