Assembly Bill A8353

2023-2024 Legislative Session

Relates to the general civil penalty of the environmental conservation law

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Current Bill Status - In Assembly Committee


  • 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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2023-A8353 (ACTIVE) - Details

See Senate Version of this Bill:
S4886
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1971
2013-2014: S585
2015-2016: S2427
2017-2018: S2734
2019-2020: S1285
2021-2022: S1237

2023-A8353 (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.

2023-A8353 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8353
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 13, 2023
                                ___________
 
 Introduced  by M. of A. SIMON -- 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.
                                                            LBD01968-01-3



              

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