2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 13 - Enforcement of Article 23 › 71-1307 - Sanctions.

§ 71-1307. Sanctions.
1.  Administrative sanctions. Any person who violates any provision of
  article 23 of this chapter or commits any offense described  in  section
  71-1305  of  this title shall be liable to the people of the state for a
  civil penalty not to exceed eight thousand  dollars  and  an  additional
  penalty of two thousand dollars for each day during which such violation
  continues,  to  be  assessed  by  the  commissioner  after  a hearing or
  opportunity to be  heard.  The  commissioner,  acting  by  the  attorney
  general, may bring suit for collection of such assessed civil penalty in
  any  court of competent jurisdiction. Such civil penalty may be released
  or compromised by the commissioner before the matter has  been  referred
  to  the attorney general; and where such matter has been referred to the
  attorney general, any such penalty may be released  or  compromised  and
  any action commenced to recover the same may be settled and discontinued
  by  the  attorney  general  with  the  consent  of  the commissioner. In
  addition, the commissioner shall have the  power,  following  a  hearing
  conducted  pursuant  to rules and regulations adopted by the department,
  to direct the violator to cease the violation and reclaim and repair the
  affected site to a condition acceptable  to  the  commissioner,  to  the
  extent  possible  within  a  reasonable time and under the direction and
  supervision of the commissioner. Any  such  order  of  the  commissioner
  shall  be  enforceable  in any 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.
2.  Civil  sanctions. In lieu of seeking administrative sanctions, the
  commissioner may refer any violation described in subdivision 1 of  this
  section  to the attorney general who shall be empowered to bring a civil
  suit to seek any of the sanctions described in  subdivision  1  of  this
  section.  Any  such  sanctions imposed may be released or compromised or
  the action may be settled and discontinued by the attorney general  with
  the consent of the commissioner.
3.  Criminal  sanctions.  Any  person  who, having any of the culpable
  mental states defined in sections 15.05 and  20.20  of  the  penal  law,
  violates  any  provision  of  article  23 of this chapter or commits any
  offense described in section 71-1305 of this title shall be guilty of  a
  misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
  not to exceed one thousand  dollars  for  each  day  during  which  such
  violation  continues  or by imprisonment for a term of not more than one
  year, or by both such fine and imprisonment. If the conviction is for  a
  subsequent  offense  committed  after  a first conviction of such person
  under this subdivision, punishment shall be by  a  fine  not  to  exceed
  eight  thousand  dollars  for  each  day  during  which  such  violation
  continues or by imprisonment for a term of not more than one year, or by
  both such fine and imprisonment.
4. This section shall not  affect  the  rights  of  any  other  person
  seeking damages arising out of a violation.
5. All fines collected pursuant to this section shall be paid into the
  environmental   protection   fund   established   pursuant   to  section
  ninety-two-s of the state finance law.