reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2721 - Enforcement of Article 27 and This Title.

§ 71-2721. Enforcement of Article 27 and this title.
1.  When a person is convicted of a crime under the provisions of this
title, the sentence of the court shall be as follows:
(a) A fine, as set forth in subdivision two of this section;
(b) Following a hearing in accordance with the procedures set forth in
section 71-2723  of  this  chapter,  payment  of  the  cost  of  legally
disposing  of  the hazardous waste unlawfully possessed and restoring to
its original state the area where substances were released unlawfully in
violation of sections 27-0914, 71-2710, 71-2711,  71-2712,  71-2713  and
71-2714 of this chapter;
(c) Any other sentence authorized by law, including imprisonment; or
(d)  Any combination of such fine, payment of the cost of disposal and
restoration,  and  any  other  sentence  authorized  by  law,  including
imprisonment.
2.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an
amount fixed by the court, not exceeding the higher of:
(a) Three hundred thousand dollars for a class C felony;
(b) Two hundred twenty-five thousand dollars for a class D felony;
(c) One hundred fifty thousand dollars for a class E felony;
(d)  Thirty-seven  thousand  five  hundred  dollars  for  a  class   A
misdemeanor;
(e) Fifteen thousand dollars for a class B misdemeanor; or
(f)  Double  the amount of the defendant's gain from the commission of
the crime.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2722 - Enforcement of Section 27-1701 of This Chapter.

§ 71-2722. Enforcement of section 27-1701 of this chapter.
Administrative  and  civil sanctions.   1. Any person who knowingly or
  intentionally violates any of the provisions or  fails  to  perform  any
  duty  imposed  by  section  27-1701  of this chapter, except the duty to
  accept a lead-acid battery pursuant to subdivision four of such section,
  shall be liable for a civil penalty not to exceed  seventy-five  dollars
  for  each  violation,  provided  that  such  civil  penalty  shall be in
  addition to any other penalties authorized under other  state  or  local
  laws governing the illegal disposal of lead-acid batteries.
2.  Any  retailer  or  distributor  who  refuses to accept a lead-acid
  battery as required pursuant to subdivision four of section  27-1701  of
  this  chapter  shall  be  liable for a civil penalty not to exceed seven
  hundred fifty dollars.
3. Penalties under this section shall be assessed by the  commissioner
  after a hearing or opportunity to be heard pursuant to the provisions of
  section  71-1709  of  this article, and, in addition thereto, any person
  found to have violated the provisions of section 27-1701 of this chapter
  may by similar process be enjoined from continuing such  violation.  For
  the  purposes of this section, disposal of each lead-acid battery except
  as authorized pursuant to subdivision three of section 27-1701  of  this
  chapter shall constitute a separate violation.
4.  In  the  city  of  New  York, the provisions of title seventeen of
  article twenty-seven of this chapter shall be enforceable by  an  agency
  or  agencies  designated for such purpose by the mayor of such city, and
  notice of violation shall be returnable  to  the  environmental  control
  board  of such city which shall have the power to impose civil penalties
  as provided in subdivisions one and two of this section.    Outside  the
  city  of  New  York,  the  provisions  of  such title seventeen shall be
  enforceable by a  local  agency  or  agencies  duly  designated  by  the
  commissioner.
5.  All  civil penalties and fines collected for any violation of such
  title seventeen shall be paid over to the commissioner  for  deposit  in
  the  general  fund; provided however, that all civil penalties collected
  for any violation of such title seventeen which have been imposed by the
  environmental control board  of  the  city  of  New  York,  or  a  local
  adjudicatory body pursuant to subdivision four of this section, shall be
  paid into an environmental fund of such city or locality.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2724 - Enforcement of Title 21 of Article 27.

§ 71-2724. Enforcement of title 21 of article 27.
1. Any person who knowingly or intentionally violates any provision of
  or  fails  to  perform  any duty pursuant to title twenty-one of article
  twenty-seven of this chapter, except subdivision one of section  27-2105
  of  this  chapter,  shall  upon the first finding of such a violation be
  liable for a civil penalty not to exceed one hundred dollars. Any person
  convicted of a second or subsequent violation  shall  be  liable  for  a
  civil penalty not to exceed five hundred dollars for each violation.
2.  Any  person  who  knowingly  or intentionally violates or fails to
  perform any duty imposed by subdivision one of section 27-2105  of  this
  chapter  shall  upon  the  first finding of such a violation be provided
  with educational  materials  describing  the  requirements  for  mercury
  disposal  and  the  effects  of improper mercury disposal, and be warned
  that future violations shall result in the imposition  of  a  fine.  Any
  person  convicted  of  a  second  violation  shall be liable for a civil
  penalty not to exceed fifty dollars. Any person  convicted  of  a  third
  violation shall be liable for a civil penalty not to exceed seventy-five
  dollars.  Any person convicted of a fourth or subsequent violation shall
  be liable for a civil penalty not to exceed one hundred dollars for each
  violation.
3. Penalties under this section shall be assessed by the  commissioner
  after a hearing or opportunity to be heard pursuant to the provisions of
  section  71-1709  of  this article, and, in addition thereto, any person
  found to have violated title twenty-one of article twenty-seven of  this
  chapter  may  by  similar  process  be  enjoined  from  continuing  such
  violation.
4. All civil penalties and fines collected for any violation of  title
  twenty-one of article twenty-seven of this chapter shall be paid over to
  the  commissioner  for  deposit  in  the  environmental  protection fund
  established by section ninety-two-s of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2725 - Disposition of Penalties and Fines.

§ 71-2725. Disposition of penalties and fines.
1.  a.  All  penalties  and  fines  accumulated  prior to April first,
  nineteen hundred eighty-eight, pursuant to sections 71-2705, 71-2721 and
  71-2723 of this title shall be paid over to the commissioner for deposit
  to the credit of  the  hazardous  waste  remedial  fund  established  by
  section ninety-seven-b of the state finance law.
b.  All  penalties  and  fines collected pursuant to sections 71-2705,
  71-2721 and 71-2723 of this title shall be paid into the general fund to
  the credit of the state purposes account.
2. All moneys collected in any action brought on behalf of  the  state
  for damage resulting from improper or unlawful dissemination or disposal
  of  hazardous  wastes shall be paid over to the commissioner for deposit
  to the credit of  the  hazardous  waste  remedial  fund  established  by
  section ninety-seven-b of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2726 - Payment of Rewards for Aid in Apprehension and Conviction of Persons Guilty of Felony or Misdemeanor.

§ 71-2726. Payment  of rewards for aid in apprehension and conviction of
persons guilty of felony or misdemeanor.
The commissioner is authorized to offer and pay rewards  of  not  more
  than  twenty-five  thousand  dollars  for information which leads to the
  detection, arrest and  conviction  of  a  person  guilty  of  felony  or
  misdemeanor pursuant to the provisions of this title; provided, however,
  that  no  police  officer,  as  that  term  is defined under subdivision
  thirty-four of  section  1.20  of  the  criminal  procedure  law,  peace
  officer,  as  that  term  is  defined  in  section  2.10 of the criminal
  procedure law, or  any  other  authorized  law  enforcement  officer  or
  official  shall  be  entitled,  directly  or  indirectly,  to collect or
  receive any such reward or part thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2727 - Enforcement of Articles 27 and 71 of This Chapter.

§ 71-2727. Enforcement of articles 27 and 71 of this chapter.
1. The commissioner, after investigation, notice and an opportunity to
  be  heard, may issue, modify and revoke orders prohibiting violations of
  any of the provisions of article 27 or 71 or of any rule  or  regulation
  promulgated  pursuant  thereto and requiring the taking of such remedial
  measures as may be necessary or appropriate.
2. The attorney general, on his own initiative, or at the  request  of
  the  commissioner,  may initiate any appropriate action or proceeding to
  enforce any provision of article 27 or 71  or  any  rule  or  regulation
  promulgated  pursuant  thereto  and any order issued or penalty assessed
  pursuant to this title.
3. a. The commissioner, after investigation, notice and an opportunity
  to be heard, may issue, modify and revoke  orders  requiring  corrective
  action,  including  corrective action beyond the facility boundary where
  necessary to protect human health and the environment, for all  releases
  of  hazardous waste or constituents from any solid waste management unit
  at any treatment, storage or disposal facility which is either permitted
  or seeking a permit under title 7 or 9 of article 27  of  this  chapter,
  regardless of the time at which waste was placed in such unit.
b.   Whenever  on  the  basis  of  any  information  the  commissioner
  determines that there is or has been a release  of  hazardous  waste  or
  constituents  into  the environment from a facility which has or has had
  interim status according to regulations adopted pursuant to title 7 or 9
  of article 27 of this chapter but which has not received a final  status
  permit pursuant to such regulations, the commissioner may issue an order
  requiring  corrective action or such other response measures as he deems
  necessary to protect human health or the environment.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2728 - Enforcement of Title 27 of Article 27 of This Chapter.

§ 71-2728. Enforcement of title 27 of article 27 of this chapter.
1. Any person who knowingly or intentionally violates any provision of
  or  fails to perform any duty imposed pursuant to title 27 of article 27
  of this chapter shall upon the first finding  of  such  a  violation  be
  provided  with  a  warning  that  future  violations shall result in the
  imposition of a fine. Any person convicted of a second  violation  shall
  be  liable  for  a  civil penalty not to exceed one hundred dollars. Any
  person convicted of a third or subsequent violation shall be liable  for
  a civil penalty not to exceed five hundred dollars.
2.  Penalties under this section shall be assessed by the commissioner
  after a hearing or opportunity to be heard pursuant to the provisions of
  section 71-1709 of this article and, in  addition  thereto,  any  person
  found  to  have  violated  title 27 of article 27 of this chapter may by
  similar process be enjoined from continuing such violation.
3. All civil penalties and fines collected for any violation of  title
  27  of article 27 of this chapter shall be paid over to the commissioner
  for deposit in the environmental protection fund established by  section
  ninety-two-s of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 27 - Enforcement of Article 27 and Article 71 › 71-2730 - Enforcement of Title 30 of Article 27 of This Chapter.

§ 71-2730. Enforcement of title 30 of article 27 of this chapter.
1.  Any person who shall violate section 27-3003 of this chapter shall
be liable to the state of New York for a civil penalty of not more  than
two  hundred  fifty  dollars for the first violation, not more than five
hundred dollars for the second violation in the same calendar year,  and
not  more  than  one  thousand dollars for the third and each subsequent
violation in the same calendar year. A  hearing  or  opportunity  to  be
heard shall be provided prior to the assessment of any civil penalty.
2.  (a) The department, the department of agriculture and markets, the
department of health, and the attorney general are hereby authorized  to
enforce the provisions of section 27-3003 of this chapter.
(b)  The  provisions  of  section  27-3003 of this chapter may also be
enforced by a county and the local legislative body  thereof  may  adopt
local  laws,  ordinances  or  regulations  consistent  with  this  title
providing for the  enforcement  of  such  provisions.  Provided  that  a
violation  of  this  title  may  not be enforced by both the state and a
county, and provided further that any county that has  filed  a  written
declaration pursuant to subdivision two of section 27-3007 of this title
shall not enforce the provisions of this title.
3. Any fines that are collected by the state during proceedings by the
state to enforce the provisions of section 27-3003 of this chapter shall
be  paid  into the environmental protection fund established pursuant to
section ninety-two-s of the finance law.
* 4. Any fines that are collected by a county  during  proceedings  by
the  county  to  enforce the provisions of section 27-3003 of this title
within the county shall be retained by the county.
* NB Repealed January 1, 2025
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 28 - Enforcement of Article 30 › 71-2801 - Applicability of Title.

§ 71-2801. 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 30 of this chapter and to this title.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 28 - Enforcement of Article 30 › 71-2803 - Penalties.

§ 71-2803. Penalties.
Any  person  who  violates  section  30-0103  of this chapter shall be
  liable for a civil penalty not  to  exceed  thirty-seven  thousand  five
  hundred  dollars  for  the  first  day  of  the violation, not to exceed
  seventy-five thousand dollars for the second day of the  violation,  and
  not   to  exceed  one  hundred  fifty  thousand  dollars  per  violation
  thereafter. For purposes of this section, each day in which a  violation
  occurs shall be considered a separate violation.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2903 - Investigations.

§ 71-2903. Investigations.
1.  The commissioner, or any officer of the department when authorized
  by the commissioner, may investigate and report as to all matters within
  or pertaining to the powers and jurisdiction of the department  for  the
  purpose  of  carrying  into  effect the provisions of article 33 of this
  chapter or this title and the rules  of  the  department  made  pursuant
  thereto.
2. To aid in the administration of article 33, the commissioner or any
  person  designated  by him may issue subpoenas in his name requiring the
  attendance and giving of testimony by witnesses and  the  production  of
  books,  papers  and  other  evidence  for  any  hearing,  proceeding  or
  investigation conducted or to be conducted by or before the  department.
  Service  of  such  a  subpoena,  enforcement  of  obedience thereto, and
  punishment for disobedience thereof shall be had as and  in  the  manner
  provided  by the civil practice law and rules relating to enforcement of
  any subpoena issued by a board or committee except that in the  case  of
  hearings,  proceedings,  or  investigations  before  or conducted by the
  department neither any person certified  to  apply  pesticides  nor  the
  holder  of a business registration issued pursuant to article 33, nor an
  employee of such registration holder or, nor an officer  or  stockholder
  in a registered corporation, when required to attend as a witness, shall
  be entitled to any subpoena fee or mileage. Any member of the department
  or  any person who may be designated hereunder by the department to hold
  hearings may administer oaths to  witnesses.  The  department  also  may
  provide  for  the  taking of depositions of witnesses for the purpose of
  any such hearing. In such case, such officer, employee or  other  person
  may administer oaths to the witnesses whose depositions are to be taken.
  Each  deposition  shall  be  reduced  to  writing  and subscribed by the
  deponent.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2905 - Immunity of Witnesses.

§ 71-2905. Immunity of witnesses.
In  any  investigation,  hearing  or  inquiry,  conducted  pursuant to
  article 33 of this chapter or this title or the rules of the  department
  made  pursuant thereto, the commissioner, or his deputy or other officer
  presiding at such investigation, hearing or inquiry, may confer immunity
  in accordance with the provisions  of  section  50.20  of  the  criminal
  procedure law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2909 - Aiders and Abettors.

§ 71-2909. Aiders and abettors.
Any  person  knowingly  aiding  or  abetting  any  other person in the
  violation of any provision of article 33 of this chapter  or  any  rule,
  regulation,  or  order  of the department made pursuant thereto shall be
  subject to the same punishment and penalty as that  prescribed  by  this
  title for the violation by such other person.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2911 - Injunction Against Violations.

§ 71-2911. Injunction against violations.
Whenever  it  appears  that  any person is violating or threatening to
  violate any provision of  article  33  of  this  chapter  or  any  rule,
  regulation  or  order  issued  thereunder  or  is committing any offense
  described in section 33-1301 of this chapter, the department, acting  by
  the attorney general, may bring suit against such person in any court of
  competent  jurisdiction  to  restrain  such  person from continuing such
  violation or from carrying out the threat  of  violation.  In  any  such
  suit,  the  court  shall  have  jurisdiction  to grant to the department
  without  bond  or  other  undertaking,  such  prohibitory  or  mandatory
  injunctions  as  the  facts may warrant, including temporary restraining
  orders or preliminary injunctions.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2913 - Act of Officer or Agent Deemed Act of Principal.

§ 71-2913. Act of officer or agent deemed act of principal.
In  construing  and  enforcing  the  provisions  of article 33 of this
  chapter or this title relating to penalties,  the  act  of  a  director,
  officer,  agent  or  other  person  acting  for or employed by a person,
  association or corporation subject to the provisions of  article  33  of
  this  chapter  or  this  title  and  acting  within  the  scope  of  his
  employment, shall be deemed the  act  of  such  person,  association  or
  corporation.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 29 - Enforcement of Article 33 › 71-2915 - Disposal of Fines and Moneys Recovered.

§ 71-2915. Disposal of fines and moneys recovered.
Except  as  otherwise  provided  in article 33 of this chapter or this
  title, all moneys recovered, either as fines, penalties, forfeitures  or
  otherwise,  for  the violation of any of the provisions of article 33 of
  this chapter or this title, or of the rules of the department,  and  all
  bail  forfeited  by  persons  charged with such violations, shall be the
  property of the state. Moneys so recovered by  town  justices  shall  be
  paid  to  the  state  comptroller  in  accordance with the provisions of
  section 27 of the town law and moneys so recovered by  village  justices
  to  the  state  comptroller in accordance with the provisions of section
  4-410 of the village law. The same disposal shall be made of all  moneys
  recovered upon any bond given by any officer by virtue of the provisions
  of  article  33  of  this  chapter  or this title. The comptroller shall
  deposit all such moneys into the general fund to the credit of the state
  purposes account.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 31 - Enforcement of Article 35 › 71-3101 - Applicability of This Title.

§ 71-3101. Applicability of this title.
In  addition  to  the  provisions  of sections 71-0101 and 71-0301 the
  provisions of this title shall apply to the enforcement of article 35 of
  this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 31 - Enforcement of Article 35 › 71-3103 - Enforcement of Article 35.

§ 71-3103. Enforcement of article 35.
Any  person  who  violates  any  of the provisions of, or who fails to
  perform any duties imposed by article 35 or any  regulation  promulgated
  by  the  commissioner  thereunder, shall be liable to 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
  person 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 33 - Enforcement of Article 43 › 71-3301 - Applicability of This Title.

§ 71-3301. Applicability of this title.
This  title  shall  apply to the enforcement of article forty-three of
  this chapter. In  addition  to  the  provisions  contained  herein,  the
  provisions  of  sections  71-0101 and 71-0301 and titles two and five of
  this article shall apply to enforcement of article forty-three  of  this
  chapter;   provided,  however,  whenever  such  sections  reference  the
  department or commissioner,  such  references  shall  be  deemed  to  be
  references  to  the Lake George park commission for the purposes of this
  article.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 33 - Enforcement of Article 43 › 71-3303 - Civil and Administrative Sanctions.

§ 71-3303. Civil and administrative sanctions.
1.  Any  person who violates any provision of, or fails to perform any
  duty imposed by article forty-three 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 Lake George park commission made  pursuant
  to  article  forty-three  of  this  chapter  shall be liable for a civil
  penalty not to exceed five hundred dollars for each such  violation  and
  an  additional penalty of five hundred dollars for each day during which
  such violation continues,  to  be  assessed  by  the  Lake  George  park
  commission  after  an  opportunity  to  be heard, or by the court in any
  action or proceeding initiated by the attorney general in  the  name  of
  the  Lake  George park commission. 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 based upon such violation.
2.  Such  civil  penalty  may  be  released or compromised by the Lake
  George park commission 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 Lake George park
  commission.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 33 - Enforcement of Article 43 › 71-3305 - Administrative Procedures.

§ 71-3305. Administrative procedures.
1.  In  any  proceeding  initiated  by the Lake George park commission
  pursuant to this title, the commission or any person designated  by  the
  commission for this purpose, may issue subpoenas and administer oaths in
  connection  with  any  hearing or investigation under or pursuant to the
  provisions of this chapter, and it shall be the duty of the Lake  George
  park  commission  and  any  persons designated by it for such purpose to
  issue such subpoenas at the request of and on behalf of any respondent.
2. The Lake George park commission and those persons designated by  it
  shall  not  be  bound  by the laws of evidence in the conduct of hearing
  proceedings, but the determination  shall  be  founded  upon  sufficient
  legal evidence to sustain it.
3.  All  proceedings  where the administrative penalties sought by the
  Lake George park commission exceeds  five  thousand  dollars,  shall  be
  referred  to  the  commissioner  for  processing  in accordance with the
  procedures specified in section 71-1709 of this  chapter,  except  that,
  following  the  processing  of  such  proceedings,  the Lake George park
  commission shall make appropriate determinations and issue an  order  in
  accordance  therewith  in  lieu  of such action by the commissioner. All
  proceedings where the administrative penalties sought are less  than  or
  equal   to  five  thousand  dollars,  may  either  be  referred  to  the
  commissioner as provided herein, or the Lake George park commission  may
  appoint  a  hearing officer who must be an attorney admitted to practice
  law in the state of New York, who shall preside over  such  hearing  and
  report  to  the  Lake  George park commission regarding the hearing. The
  commission  shall  establish  by   rules   and   regulations   regarding
  qualifications  of  such  hearing  officers  and appointment procedures,
  including per diem fees not to exceed two hundred fifty dollars.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 33 - Enforcement of Article 43 › 71-3307 - Criminal Sanctions.

§ 71-3307. 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 article forty-three of this
  chapter or any rules or regulations promulgated thereto,  or  any  final
  determination  or  order  of  the  Lake  George park commission shall be
  guilty of a violation, and, upon conviction thereof, shall  be  punished
  by a fine not to exceed five hundred dollars for each violation and five
  hundred dollars for each day such violation shall continue.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 35 - Miscellaneous Enforcement Provisions › 71-3501 - Putting Noisome or Unwholesome Substances or Maintaining Noisome Business on or Near Highway.

§ 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
noisome business on or near highway.
A person, who deposits, leaves or keeps, on or near a highway or route
  of public travel, either on the land or on the  water,  any  noisome  or
  unwholesome  substance, or establishes, maintains or carries on, upon or
  near a public highway or route of public travel, either on the  land  or
  on  the  water,  any  business, trade or manufacture which is noisome or
  detrimental to public health, is guilty of a misdemeanor, punishable  by
  a fine of not less than one hundred dollars, or by imprisonment not less
  than three nor more than six months, or both.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 35 - Miscellaneous Enforcement Provisions › 71-3503 - Throwing Gas Tar or Refuse Into Public Waters.

§ 71-3503. Throwing gas tar or refuse into public waters.
A person, who throws or deposits gas tar, or the refuse of a gas house
  or  gas  factory,  or offal, refuse, or any other noxious, offensive, or
  poisonous substance into any public waters, or into any sewer or  stream
  running or entering into such public waters, is guilty of a misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 36 - Environmental Easements › 71-3601 - Declaration of Policy and Statement of Purpose.

§ 71-3601. Declaration of policy and statement of purpose.
The  legislature  hereby  finds  and  declares  that contaminated site
  remedial programs are  an  important  and  necessary  component  of  the
  state's  policy  of  restoring  and  revitalizing  real property located
  throughout New York state. The legislature further finds  that  when  an
  environmental  remediation  project  leaves  residual  contamination  at
  levels that have been determined to be safe for a specific use, but  not
  all  uses,  or includes engineered structures that must be maintained or
  protected against damage to be effective, it is necessary to provide  an
  effective   and   enforceable  means  of  ensuring  the  performance  of
  maintenance, monitoring or operation requirements, and of  ensuring  the
  potential restriction of future uses of the land, including restrictions
  on  drilling  for  or  pumping  groundwater  for as long as any residual
  contamination remains hazardous. The  legislature  declares,  therefore,
  that  it  is  in  the  public interest to create environmental easements
  because such easements are necessary for the protection of human  health
  and  the  environment  and  to  achieve the requirements for remediation
  established at contaminated sites.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 36 - Environmental Easements › 71-3603 - Definitions.

§ 71-3603. Definitions.
When used in this title:
1.  "Affected local government" shall mean every municipality in which
  land subject to an environmental easement is located.
2. "Environmental easement" shall mean an interest in  real  property,
  created under and subject to the provisions of this title which contains
  a  use  restriction  and/or a prohibition on the use of land in a manner
  inconsistent with engineering controls; provided that no  such  easement
  shall  be  acquired  or  held  by  the  state  which  is  subject to the
  provisions of article fourteen of the constitution.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 36 - Environmental Easements › 71-3607 - Coordination With Local Governments.

§ 71-3607. Coordination with local governments.
1.  Whenever  the  department is granted an environmental easement, it
  shall provide each  affected  local  government  with  a  copy  of  such
  easement  and  shall  also  provide a copy of any documents modifying or
  terminating such environmental easement.
2. Whenever an affected local government receives an application for a
  building  permit  or  any  other  application  affecting  land  use   or
  development  of  land  that  is subject to an environmental easement and
  that  may  relate  to  or  impact  such  easement,  the  affected  local
  government shall notify the department and refer such application to the
  department.  The  department  shall  evaluate whether the application is
  consistent with the environmental easement and shall notify the affected
  local government of its determination in a timely  fashion,  considering
  the time frame for the local government's review of the application. The
  affected  local  government  shall  not approve the application until it
  receives approval from the department.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 36 - Environmental Easements › 71-3609 - Scope of This Title.

§ 71-3609. Scope of this title.
This  title  shall not affect any interests or rights in real property
  which are not environmental easements, and shall not affect  the  rights
  of  owners to convey any interests in real property which they could now
  create under existing law without reference to the terms of this  title.
  Nothing in this title shall diminish the powers granted by any other law
  to  acquire  interests  or  rights  in  real property by purchase, gift,
  eminent domain, or otherwise and to use the same for public purposes.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 36 - Environmental Easements › 71-3611 - Severability.

§ 71-3611. Severability.
The  provisions  of  this title shall be severable, and if any clause,
  sentence, paragraph,  subdivision,  or  part  of  this  title  shall  be
  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
  judgment shall not affect, impair or invalidate the  remainder  thereof,
  but  shall  be  confined  in  its  operation  to  the  clause, sentence,
  paragraph,  subdivision,  or  part  thereof  directly  involved  in  the
  controversy  in  which  such judgment shall have been rendered; provided
  that if an environmental easement created  pursuant  to  this  title  is
  determined by any court of competent jurisdiction to be land or water or
  an  interest  in  land  or  water  subject  to the provisions of article
  fourteen of the constitution, then the authority of the state to hold or
  acquire such easement and the conveyance to the state of  such  easement
  shall be void ab initio.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 37 - Enforcement of Article 37 › 71-3701 - Applicability of This Title.

§ 71-3701. Applicability of this title.
In  addition to the provisions of sections 71-0101 and 71-0301 of this
  article, the provisions of this title shall apply to the enforcement  of
  article 37 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 37 - Enforcement of Article 37 › 71-3705 - Enforcement of Section 37-0115.

§ 71-3705. Enforcement of section 37-0115.
1.  Any  person  who violates any provision of or fails to perform any
  duty imposed by section 37-0115 of this chapter  shall  upon  the  first
  finding  of such a violation be liable for a civil penalty not to exceed
  five hundred dollars for each  violation.  Any  person  convicted  of  a
  second  or  subsequent violation shall be liable for a civil penalty not
  to exceed twenty-five hundred dollars for each violation.
2. All civil penalties  and  fines  collected  for  any  violation  of
  section  37-0115  of this chapter shall be paid over to the commissioner
  for deposit in the environmental protection fund established by  section
  ninety-two-s of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 38 - Enforcement of Article 38 › 71-3801 - Applicability of This Title.

§ 71-3801. Applicability of this title.
In  addition  to the provisions of section 71-0101 and 71-0301 of this
  chapter, the provisions of this title shall apply to the enforcement  of
  article thirty-eight of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 38 - Enforcement of Article 38 › 71-3803 - Enforcement of Article Thirty-Eight.

§ 71-3803. Enforcement of article thirty-eight.
Any  person  who  violates  any  of the provisions of, or who fails to
  perform any duty imposed  by  article  thirty-eight  or  any  regulation
  promulgated  by  the commissioner thereunder, shall be liable to 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  person  may  be  enjoined from continuing such
  violation. Penalties and injunctive  relief  provided  herein  shall  be
  recoverable in an action brought by the attorney general acting alone or
  at the request of the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 39 - Enforcement of Article 39 › 71-3903 - Violations; Penalties.

§ 71-3903. Violations; penalties.
1.  Administrative  sanctions.  Any  person  who violates, disobeys or
  disregards any provision of article thirty-nine shall be liable  to  the
  people  of the state for a civil penalty of not to exceed three thousand
  dollars for every such violation, to be  assessed  by  the  commissioner
  after a hearing or opportunity to be heard. The penalty may be recovered
  in  an  action  brought  by  the  commissioner in any court of competent
  jurisdiction. Such civil penalty may be released  or  comprised  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 comprised and any action
  commenced to recover the same may be settled  and  discontinued  by  the
  attorney  general with the consent of the commissioner. In addition, the
  commissioner shall have  power,  following  a  hearing,  to  direct  the
  violator  to  cease  his  violation  of  article  thirty-nine and, where
  appropriate, to recall any sewage system cleaners or additives  sold  or
  distributed  in  violation  of  said  article.  Any  such  order  of the
  commissioner  shall  be  enforceable  in  an  action  brought   by   the
  commissioner  in  any court of competent jurisdiction. Any civil penalty
  or order issued by the commissioner  under  this  subdivision  shall  be
  reviewable  in  a  proceeding  under  article seventy-eight of the civil
  practice law and rules commenced within thirty days of such  penalty  or
  order.
2. Criminal sanctions. Any person who knowingly violates any provision
  of  section  39-0105 of this chapter shall, in addition to the sanctions
  provided in subdivision one of this section, for the first  offense,  be
  guilty of a violation punishable by a fine of not less than five hundred
  nor  more  than  one  thousand dollars; for a second and each subsequent
  offense he shall be guilty of a misdemeanor punishable by a fine of  not
  less than one thousand nor more than three thousand dollars or a term of
  imprisonment  of  not  more  than  six months or both. In addition to or
  instead of these sanctions, any offender shall be  punishable  by  being
  ordered  by  the court to recall any sewage system cleaners or additives
  sold or distributed in violation of article thirty-nine. The court shall
  specify a reasonable time for the completion of the recall. Each offense
  shall be a  separate  and  distinct  offense  and,  in  the  case  of  a
  continuing  offense,  each  day's  continuance thereof shall be deemed a
  separate and distinct offense.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 39 - Enforcement of Article 39 › 71-3905 - Enforcement.

§ 71-3905. Enforcement.
The  attorney  general  or  a district attorney, at the request of the
  attorney general or the commissioner, may prosecute persons who  violate
  article  thirty-nine.  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 not to exceed three thousand dollars for
  every violation of any provision of said article, and to seek  equitable
  relief to restrain any violation or threatened violation of such article
  and  to  require  the  recall of any sewage system cleaners or additives
  sold or distributed in violation of said article.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 39 - Enforcement of Article 39 › 71-3907 - Warrants; Seizure.

§ 71-3907. Warrants; seizure.
Any  police  officer  shall  have  authority to execute any warrant to
  search for and seize any  sewage  system  cleaners  or  additives  sold,
  distributed  or  offered  or  exposed  for  sale in violation of article
  thirty-nine.  Such  cleaners  or  additives  shall   be   held   pending
  proceedings  in any court of competent jurisdiction, and upon conviction
  or upon the entry of a judgment restraining the  sale,  distribution  or
  offer  or  exposure for sale of said cleaners or additives on the ground
  that said items were sold, distributed or exposed or offered for sale in
  violation of article thirty-nine, the seized items  shall  be  forfeited
  and,   upon   forfeiture,   destroyed   under  the  supervision  of  the
  commissioner. Where property has been seized pursuant to the  provisions
  of  this  article  from  a person who was not convicted of an offense or
  subject to a restraining  order,  a  notice  of  the  institution  of  a
  forfeiture  proceeding  shall  be  served on that person, and the person
  shall be allowed to appear and shall be given an opportunity to be heard
  at the forfeiture proceeding.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 40 - Other General Provisions › 71-4001 - General Criminal Penalty.

§ 71-4001. General criminal penalty.
Except as otherwise specifically provided elsewhere in this chapter or
  in  the  penal  law,  (a)  a  person  who violates any provision of this
  chapter, or any rule, regulation or order promulgated pursuant  thereto,
  or  the  terms  or  conditions of any permit issued thereunder, shall be
  guilty of a violation; (b) each day on which such violation occurs shall
  constitute a separate violation; and (c) for  each  such  violation  the
  person  shall  be  subject  upon conviction to imprisonment for not more
  than fifteen days or to a fine of not more than nine hundred dollars, or
  to both such imprisonment and such fine.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 40 - Other General Provisions › 71-4003 - General Civil Penalty.

§ 71-4003. General civil penalty.
Except as otherwise specifically provided elsewhere in this chapter, a
  person  who  violates  any  provision  of  this  chapter,  or  any rule,
  regulation or order  promulgated  pursuant  thereto,  or  the  terms  or
  conditions  of  any permit issued thereunder, shall be liable to a civil
  penalty of not more than one thousand dollars, and an  additional  civil
  penalty  of not more than one thousand dollars for each day during which
  each such violation continues. Any civil penalty provided  for  by  this
  chapter may be assessed following a hearing or opportunity to be heard.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 41 - Enforcement of Article 72 › 71-4103 - Enforcement of Article Seventy-Two.

§ 71-4103. Enforcement of article seventy-two.
Any  person  who violates any of the provisions of article seventy-two
  of this chapter or  the  regulations  promulgated  thereunder  shall  be
  liable  for a civil penalty of up to one thousand dollars in addition to
  any amount assessed as a penalty pursuant to subdivision five of section
  72-0201 of this chapter, except that any person who fails  to  pay  fees
  required pursuant to section 72-0303 of this chapter shall be subject to
  penalty  provisions pursuant to subdivision twelve of section 72-0201 of
  this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 43 - Enforcement of Article 40 › 71-4303 - Violations of Article Forty of This Chapter.

§ 71-4303. Violations of article forty 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,  article
  forty  of this chapter or any rule or regulation promulgated thereunder,
  or any terms or conditions 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  civil  penalty
  not  to exceed twenty-five thousand dollars and an additional penalty of
  not more than twenty-five thousand 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 a court in any action or proceeding pursuant to  this
  title,  and,  in  addition thereto such person may by similar process be
  enjoined from continuing such violation. In addition, upon the provision
  of notice stating the grounds for its action and giving  an  opportunity
  for  hearing, the commissioner may revoke, suspend or deny a certificate
  or a renewal of a certificate issued pursuant to article forty  of  this
  chapter. In the case of a second violation, the liability shall be for a
  civil  penalty  not  to exceed fifty thousand dollars for such violation
  and an additional penalty not to exceed fifty 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
  article forty of this chapter or any rules  or  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 twenty-five thousand dollars per day
  of violation or by imprisonment for a term of not more than one year, or
  by  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 fifty thousand
  dollars per day of violation, or by imprisonment for not more  than  two
  years or by both such fine and imprisonment.