Assembly Bill A8548

2017-2018 Legislative Session

Relates to the general civil penalty of the environmental conservation law

download bill text pdf

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Archive: Last Bill Status - Stricken

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-A8548 (ACTIVE) - Details

See Senate Version of this Bill:
S2734
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5259
2011-2012: A1645, S1971
2013-2014: A183, S585
2015-2016: A5787, S2427
2019-2020: S1285
2021-2022: S1237
2023-2024: S4886

2017-A8548 (ACTIVE) - Summary

Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may 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 may be denied.

2017-A8548 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8548
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 10, 2017
                                ___________
 
 Introduced by M. of A. KAVANAGH, COLTON, QUART -- read once and referred
   to the Committee on Environmental Conservation
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   general civil penalty
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section 71-4003 of the environmental conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 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, regu-
 lation or order promulgated pursuant thereto, or the terms or conditions
 of any permit, CERTIFICATE OR ORDER issued thereunder, shall  be  liable
 [to]  FOR  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; AND IN ADDITION THERETO,
 SUCH  PERSON  MAY  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 MAY BE  DENIED.    Any  civil  penalty,
 INJUNCTIVE  RELIEF,  OR  PERMIT OR CERTIFICATE REVOCATION, SUSPENSION OR
 DENIAL provided for by this [chapter] SECTION may be assessed  following
 a hearing or opportunity to be heard.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02512-01-7

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