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 › 71-1933 - Violations; Criminal Liability.

§ 71-1933. Violations; criminal liability.
1. 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
titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
regulations,  orders  or  determinations of the commissioner promulgated
thereto, or the terms of any permit issued thereunder, shall  be  guilty
of  a  misdemeanor  and, upon conviction thereof, shall be punished by a
fine of not less than three thousand seven  hundred  fifty  dollars  nor
more  than  thirty-seven  thousand  five  hundred  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 of not more than seventy-five
thousand dollars per day of violation, or by imprisonment for  not  more
than two years, or by both.
2.  No  prosecution under this section shall be instituted until after
final disposition of an appeal or review, if any,  provided  by  section
17-0909 or its predecessor, section 1244 of the Public Health Law.
3.  Any  person  who  with  criminal negligence, as defined in section
15.05 of the penal law,
a. violates
i. any provision of title 7 or 8 of article 17 of this chapter, or
ii. the rules or regulations promulgated thereunder, or
iii. any term of any permit issued thereunder, or
iv.  any  requirement  imposed  in  a  pretreatment  program  approved
pursuant  to  section  402(a)(3)  or  402(b)(8)  of  the  Federal  Water
Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or  approved
pursuant to title 7 or 8 of article 17 of this chapter, or
v.  any  final  administrative  orders issued pursuant to this article
where an opportunity for a hearing is provided, or
b. introduces into a sewer system or publicly  owned  treatment  works
any pollutant or hazardous substance
i.  when  such  person knew that such introduction was likely to cause
personal injury or property damage, except if that introduction  was  in
compliance  with  all applicable federal, state or local requirements or
permits, or
ii. which causes the treatment works to violate any term of any permit
issued under title 7 or 8 of article 17 of this chapter or the rules  or
regulations  promulgated  thereunder  except if that introduction was in
compliance with all applicable federal, state or local  requirements  or
permits; shall be guilty of a class A misdemeanor.
4.  Any person who knowingly, as defined in section 15.05 of the penal
law,
a. violates
i. any provision of title 7 or 8 of article 17 of this chapter, or
ii. the rules or regulations promulgated thereunder, or
iii. any term of any permit issued thereunder, or
iv.  any  requirement  imposed  in  a  pretreatment  program  approved
pursuant  to  section  402(a)(3)  or  402(b)(8)  of  the  Federal  Water
Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or  approved
pursuant to title 7 or 8 of article 17 of this chapter, or
v.  any  final  administrative  orders issued pursuant to this article
where an opportunity for a hearing was provided, or
b. introduces into a sewer system or publicly  owned  treatment  works
any pollutant or hazardous substance
i.  when  such  person knew that such introduction was likely to cause
personal injury, except if that introduction was in compliance with  all
applicable federal, state or local requirements or permits, or
ii. which causes the treatment works to violate any term of any permit
issued  under title 7 or 8 of article 17 of this chapter or the rules or
regulations promulgated thereunder except if that  introduction  was  in
compliance  with  all applicable federal, state or local requirements or
permits; shall be guilty of a class E felony.
5.  Any  person  who intentionally, as defined in section 15.05 of the
penal law,
a. violates
i. any provision of title 7 or 8 of article 17 of this chapter, or
ii. the rules or regulations promulgated thereunder, or
iii. any term of any permit issued thereunder, or
iv. any final administrative orders issued pursuant  to  this  article
where an opportunity for a hearing was provided, and
b. knows at that time that he thereby places another person who is not
a participant in the crime in imminent danger of death or serious bodily
injury shall be guilty of a class C felony.
c. for the purpose of paragraphs a and b of this subdivision:
in  determining whether a defendant who is an individual knew that his
conduct placed another person in imminent danger  of  death  or  serious
bodily injury
(a)  the  person  is  responsible  only for actual awareness or actual
belief that he possessed; and
(b) knowledge possessed by a person other than the defendant  but  not
by the defendant himself may not be attributed to the defendant.
6.  For purposes of subdivisions three, four and five of this section,
a single operational upset which leads  to  simultaneous  violations  of
more  than  one  pollutant  parameter  shall  be  treated  as  a  single
violation.
7. Any person who, with intent to deceive, makes  any  false  material
statement,  representation, or certification in any application, record,
report, plan or other  document  filed  or  required  to  be  maintained
pursuant  to  title  7  or  8  of  article  17  of  this  chapter or who
intentionally  falsifies,  tampers  with,  or  renders  inaccurate   any
monitoring  device or method required to be maintained pursuant to title
7 or 8 or article 17 of this chapter  shall  be  guilty  of  a  class  E
felony.
8.  a.  When  a person is convicted of a crime under the provisions of
this section, the sentence of the court shall be as follows:
i. A fine, as set forth in paragraph b of this subdivision;
ii. A sentence of imprisonment, as set forth in paragraph  c  of  this
subdivision; or
iii. Any combination of such fine or imprisonment.
b.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an
amount fixed by the court, not exceeding:
i. $750,000 for a class C  felony  committed  by  an  organization  as
defined in section 71-1932 of this title;
ii. $375,000 for a class C felony;
iii.  $75,000  per  day  of  continuing violation for a class E felony
defined under subdivision four of this section but in no event less than
$7,500; and $15,000 for a class E felony defined under subdivision seven
of this section;
iv. $37,500 per day of continuing violation for a class A  misdemeanor
but in no event less than $3,750.
c.  Imprisonment.  A  sentence  of imprisonment shall be a sentence of
imprisonment authorized by article seventy of the penal law.
9. All prosecutions under this section  shall  be  instituted  by  the
department  or  the  commissioner and shall be conducted by the Attorney
General in the name of the people of the state of New York.
10. 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.