S. 7086--B 2
shall be paid over by such court to the comptroller of the state, with a
statement accompanying the same, setting forth the action or proceeding
in which such moneys were collected, the name and residence of the
defendant, the nature of the offense, and the fines and penalty imposed.
The comptroller shall pay these funds into the [general fund of the
state] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE
OF THE STATE FINANCE LAW.
§ 2. Section 83 of the state finance law is amended by adding a new
subdivision (k) to read as follows:
(K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED AND COLLECTED
PURSUANT TO TITLES NINETEEN, TWENTY-ONE AND TWENTY-SEVEN OF ARTICLE
SEVENTY-ONE OF THE ENVIRONMENTAL CONSERVATION LAW, AND PURSUANT TO
SECTION 71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED INTO OTHER FUNDS, SHALL BE
DEPOSITED IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF SUCH MONEYS, REVENUES
AND INTEREST SHALL BE AVAILABLE TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, PURSUANT TO APPROPRIATION, EXCLUSIVELY FOR FUNDING THE
ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING FUNDING FOR
SCIENTISTS, ENVIRONMENTAL LAW ENFORCEMENT OFFICERS, ATTORNEYS, ADMINIS-
TRATIVE SUPPORT, AND SUCH OTHER EXPENSES THE COMMISSIONER DEEMS NECES-
SARY FOR SUCH ENFORCEMENT. SUCH MONEY SHALL BE USED TO SUPPLEMENT AND
NOT SUPPLANT FUNDING FOR THE ENFORCEMENT OF THE ENVIRONMENTAL CONSERVA-
TION LAW AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
§ 3. Subdivision 1 of section 71-0213 of the environmental conserva-
tion law, as added by section 1 of part DDD of chapter 59 of the laws of
2009, is amended to read as follows:
1. Whenever proceedings result in a conviction for an offense under
this chapter there shall be levied, in addition to any sentence required
or permitted by law, the following mandatory surcharges: (a) in the
amount of twenty-five dollars for violations of sportfishing regulations
set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
chapter provided, however, that convictions for offenses under articles
seventeen, nineteen or twenty-seven of this chapter shall be subject to
a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
HUNDRED TWELVE DOLLARS AND FIFTY CENTS or [six] NINE percent of any
penalty or fine imposed. The mandatory surcharge shall be paid to the
clerk of the court who shall remit such mandatory surcharge to the state
comptroller provided, however, that in cases where the conviction was
rendered by a town or a village justice court, the clerk of such court
shall pay twenty-five dollars of such surcharge to the chief fiscal
officer of the town or village in the case of surcharges resulting from
paragraph (b) of this subdivision and ten dollars in the case of
surcharges resulting from paragraph (a) of this subdivision and shall
pay the remaining amounts of such mandatory surcharges to the state
comptroller in the same manner as provided in section 71-0211 of this
article. The comptroller shall pay such monies into the state treasury
to the [credit of the general fund] CONSERVATION FUND TO THE CREDIT OF
THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
(K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
§ 4. Section 71-0301 of the environmental conservation law, as amended
by chapter 400 of the law of 1973, is amended to read as follows:
§ 71-0301. Summary abatement.
S. 7086--B 3
Notwithstanding any inconsistent provisions of law, whenever the
commissioner finds, after investigation, that any person is causing,
engaging in or maintaining a condition or activity which, in [his] THE
judgment OF THE COMMISSIONER, presents an imminent danger to the health
or welfare of the people of the state or results in or is likely to
result in irreversible or irreparable damage to natural resources, and
relates to the prevention and abatement powers of the commissioner and
it therefore appears to be prejudicial to the interests of the people of
the state to delay action until an opportunity for a hearing can be
provided, the commissioner may, without prior hearing, order such person
by notice, in writing wherever practicable or in such other form as in
the commissioner's judgment will reasonably notify such person whose
practices are intended to be proscribed, to discontinue, abate or alle-
viate such condition or activity, and thereupon such person shall imme-
diately discontinue, abate or alleviate such condition or activity. As
promptly as possible thereafter, not to exceed fifteen days, the commis-
sioner shall provide the person an opportunity to be heard and to pres-
ent proof that such condition or activity does not violate the
provisions of this section. The commissioner shall adopt any other
appropriate rules and regulations prescribing the procedure to be
followed in the issuance of such orders. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by this
section, or any rule, regulation or order promulgated by the commission-
er hereunder, shall be liable to a civil penalty of not more than [twen-
ty-five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for each
such violation and an additional penalty of not more than [five] SEVEN
hundred FIFTY dollars for each day during which such violation contin-
ues, and, in addition thereto, such person may be enjoined from continu-
ing 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.
§ 5. Subdivisions 3 and 4 of section 71-0507 of the environmental
conservation law, subdivision 3 as amended by chapter 400 of the laws of
1973, are amended to read as follows:
3. Moneys received by a town justice or a village justice in any
action for a penalty brought under the provisions of this chapter listed
in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
the settlement or compromise thereof, or a fine for a violation of the
provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article shall be paid to the
State Comptroller as provided in section 27 of the Town Law and section
4-410 of the village law. From the moneys so received, the State Comp-
troller shall pay all lawful fees for services rendered in such actions
when instituted by order of the department or upon information of a
conservation officer, regional and assistant regional conservation offi-
cer, special game protector, district ranger, forest ranger, or member
of the state police. The balance of such moneys arising from penalties
under articles 11 or 13 or title 9 of this article or upon the settle-
ment or compromise thereof or from fines for violations of any of the
provisions of articles 11 or 13 or title 9 of this article after the
payment of lawful fees shall be credited by the Comptroller to the
conservation fund. The Comptroller shall adjust and settle [his] THEIR
account with the conservation fund in the manner provided by section
99-a of the State Finance Law. The balance of all other such moneys
after payment of lawful fees shall be credited by the Comptroller to the
[general fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
S. 7086--B 4
ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
EIGHTY-THREE OF THE STATE FINANCE LAW.
4. All moneys received by any other person or court in an action for a
penalty brought under the provisions of this chapter listed in section
71-0501 and titles 5 through 15 inclusive and title 33 of this article
or upon the settlement or compromise thereof, or a fine for a violation
of the provisions of this chapter listed in section 71-0501 and titles 5
through 15 inclusive and title 33 of this article, shall be paid by such
person or court to the department within thirty days after receipt ther-
eof. The department shall pay the expenses of collection and the lawful
fees of magistrates and constables for services performed in criminal
actions brought upon information of a conservation officer, regional and
assistant regional conservation officer, special game protector,
district ranger, forest ranger, or member of the state police. Such
moneys derived from fines or penalties for violations of articles 11 or
13 or title 9 of this article or from the settlement or compromise ther-
eof shall be paid by the department to the Commissioner of Taxation and
Finance and credited to the conservation fund. All other moneys so
received by the department shall be paid to the Commissioner of Taxation
and Finance and credited to the [general fund] CONSERVATION FUND TO THE
CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO
SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
§ 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
mental conservation law, subdivisions 1, 2 and 6 as amended by chapter
602 of the laws of 2003, subdivision 9 as added by chapter 267 of the
laws of 2012 and subdivision 10 as added by chapter 330 of the laws of
2014, are amended to read as follows:
1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this
section, any person who violates any provision of article 9 or the
rules, regulations or orders promulgated pursuant thereto or the terms
of any permit issued thereunder, or who fails to perform any duty
imposed by any provision thereof shall be guilty of a violation, and,
upon conviction, shall be punished by a fine of not more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and in addition thereto shall be liable to a civil penalty of not less
than ten nor more than one hundred FIFTY dollars.
2. The violation of any of the provisions of the following sections
shall subject the person guilty thereof to the following civil penalties
in addition to the liability prescribed in subdivision 1 of this
section:
a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five]
THIRTY-SEVEN dollars AND FIFTY CENTS per day;
c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
of section 9-1117 of this chapter, [ten] FIFTEEN dollars per mile per
day;
d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
e. Subdivision 2 of section 9-1117 of this chapter, one hundred FIFTY
dollars per each offense; and
f. Section 9-1119 of this chapter, one hundred FIFTY dollars per day
per locomotive.
With respect to the penalty for violation of subdivision 4 of section
9-1105 of this chapter, the owner and every person engaged in such
cutting shall be liable therefor; however, the liability for penalty
shall not arise until the expiration of twenty days after service,
S. 7086--B 5
personally or by mail upon the alleged violator at [his] THEIR last
known place of residence of a written notice of failure to comply with
the requirements of subdivision 4 of section 9-1105 of this chapter.
6. (a) In addition to any other penalty provided by law, any person
who violates subdivision 1 of section 9-0303 of this chapter shall be
liable to a civil penalty of [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars per tree or treble damages, based on the stumpage value of
such tree or both. Where the order or decision finds that the defendant
established by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
land was [his or her] THEIR own, or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees in the market as if they were privately owned.
Notwithstanding the foregoing, this section shall not be construed to
authorize the cutting of timber or removal of trees where such action
would otherwise be violative of any provision of the state constitution
or law.
(b) In addition to any other penalty provided by law, a person who
violates section 9-1501 of this chapter shall be liable for a civil
penalty of [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
tree or treble damages or both, based on the stumpage value of such tree
or trees. Where the order or decision finds that the defendant estab-
lished by clear and convincing evidence, that when such defendant
committed the violation, [he or she] THEY had cause to believe that the
land was [his or her] THEIR own or that [he or she] SUCH DEFENDANT had
an easement or right of way across such land which permitted such
action, damages shall be awarded on the basis of the stumpage value of
such tree or trees. Notwithstanding the foregoing, this section shall
not be construed to authorize the cutting of timber or removal of trees
where such action would otherwise be violative of any provision of the
state constitution or law.
(c) For purposes of this subdivision, "stumpage value" shall mean the
current fair market value of a tree as it stands prior to the time of
sale, cutting, or removal. Stumpage value shall be determined by one or
more of the following methods: the sale price of the tree in an arm's-
length sale, a review of solicited bids, the stumpage price report
prepared by the department of environmental conservation, comparison
with like sales on trees on state or private lands, or other appropriate
means to assure that a fair market value is established within an
acceptable range based on the appropriate geographic area.
9. a. Any person who transports, sells, imports or introduces invasive
species, in violation of the regulations promulgated pursuant to section
9-1709 of this chapter shall be subject to the following:
For any first violation in lieu of a penalty there may be issued a
written warning by the department and there may also be issued education
materials at the discretion of the department regarding requirements
related to invasive species. Such person shall, however, for any subse-
quent violation thereafter be subject to a fine of no less than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
b. Any nursery grower licensed pursuant to article fourteen of the
agriculture and markets law, any person who owns or operates a public
vessel as such term is defined in paragraph (a) of subdivision six of
section two of the navigation law, or any person who owns or operates a
commercial fishing vessel who transports, sells, imports or introduces
invasive species in violation of the regulations promulgated pursuant to
S. 7086--B 6
section 9-1709 of this chapter, shall be subject to a fine of not less
than [six] NINE hundred dollars upon the first penalty. Upon the second
penalty such person shall be subject to a fine of not less than [two]
THREE thousand dollars. Upon a subsequent penalty and after a hearing or
opportunity to be heard upon due notice the following penalties may
apply: (i) such nursery grower may be subject to the revocation proce-
dures of section one hundred sixty-three-c of the agriculture and
markets law (ii) such person's vessel registration may be suspended or
(iii) such person's fishing permit may be revoked by the department.
10. Any person who violates section 9-1710 of this chapter shall be
guilty of a violation and shall be punishable and liable to a civil
penalty as provided in subdivision one of this section, provided, howev-
er, that for any first violation in lieu of a penalty there shall be
issued a written warning by the department and there shall also be
issued education materials at the discretion of the department regarding
requirements related to invasive species. Such person shall be subject
to a fine of up to [one hundred fifty] TWO HUNDRED SEVENTY-FIVE dollars
for a second offense, up to [two hundred fifty] THREE HUNDRED SEVENTY-
FIVE dollars for a third offense, and no less than [two hundred fifty]
THREE HUNDRED SEVENTY-FIVE dollars nor more than [one thousand] FIVE
HUNDRED dollars for a fourth or subsequent offense.
§ 7. Section 71-0707 of the environmental conservation law is amended
to read as follows:
§ 71-0707. Resisting or obstructing departmental agent or employee.
Any person who resists or obstructs an authorized agent or employee of
the department while [he] SUCH AGENT OR EMPLOYEE is engaged in carrying
out any provision of section 9-0305 shall be guilty of a violation which
shall be punishable by a fine not exceeding one hundred FIFTY dollars
and by an additional fine [of] not exceeding [twenty-five] THIRTY-SEVEN
dollars AND FIFTY CENTS for each additional day of such resistance or
obstruction.
§ 8. Section 71-0709 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0709. Injury to state lands.
Any person who intentionally or negligently causes a fire which burns
on or over state lands shall be liable to the state for treble damages
and, in addition, to a civil penalty of [ten] FIFTEEN dollars for every
tree killed or destroyed by such fire. Damages to state lands and timber
shall be ascertained and determined at the same rate of value as if such
property were privately owned.
§ 9. Section 71-0711 of the environmental conservation law, as amended
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-0711. Injury to municipal or private lands.
Any person who causes a fire which burns on or over lands belonging to
another person or to a municipality shall be liable to the party injured
(a) for actual damages in case of fire negligently caused or (b) for the
higher of actual damages or damages at the rate of [five] SEVEN dollars
AND FIFTY CENTS for each tree killed or destroyed in case of fire
wilfully caused.
§ 10. Section 71-1105 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 71-1105. Enforcement of subdivision 4 of section 15-0313.
Any violation of subdivision 4 of section 15-0313 shall be a
violation, punishable by a fine of not more than [one thousand eight]
TWO THOUSAND SEVEN hundred dollars, and in addition thereto, by a civil
S. 7086--B 7
penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
dollars.
§ 11. Section 71-1107 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1107. Punishment for violations of title 5 of article 15.
1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti-
tute a misdemeanor, punishable by a fine of not to exceed [ten] FIFTEEN
thousand dollars, or by imprisonment not to exceed one year or by both
such fine and imprisonment and, in addition thereto, by a civil penalty
of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
2. A subcontractor, employee or agent of such person or public corpo-
ration, or of a state department who knowingly and intentionally acts,
or a prime contractor of such person, public corporation or state
department who acts with or without an intention to violate the
provisions of title 5 of article 15, in disregard of specifications
provided in a construction contract protecting against stream damage,
shall be guilty of a violation punishable by a fine of not less than
[twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more than [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars, or by imprisonment
for not more than fifteen days, or by both such fine and imprisonment,
and, in addition, thereto, by a civil penalty of not more than [five
thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
§ 12. Section 71-1109 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
1. Any owner violating subdivision 1 of section 15-0507 or any regu-
lations promulgated pursuant thereto may be liable for a penalty not to
exceed [five] SEVEN hundred FIFTY dollars for each and every offense;
every violation of such subdivision shall be a separate and distinct
offense; and in case of a continuing violation, every day's continuance
thereof shall be deemed a separate and distinct offense.
2. Any owner violating subdivision 4 of section 15-0507 may be liable
for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE HUNDRED
dollars for each and every offense; every violation of an order referred
to in such subdivision shall be a separate and distinct offense; and in
case of a continuing violation, every day's continuance thereof shall be
deemed a separate and distinct offense.
§ 13. Section 71-1111 of the environmental conservation law, as
amended by chapter 364 of the laws of 1999, is amended to read as
follows:
§ 71-1111. Enforcement of subdivision 3 of section 15-0511.
Any person or local public corporation violating subdivision 3 of
section 15-0511 may be liable for a penalty not to exceed [five thou-
sand] SEVEN THOUSAND FIVE HUNDRED dollars for each and every offense;
every violation of an order referred to in such subdivision shall be a
separate and distinct offense; and in case of a continuing violation,
every day's continuance thereof shall be deemed a separate and distinct
offense.
§ 14. Subdivision 2 of section 71-1113 of the environmental conserva-
tion law, as added by chapter 356 of the laws of 1985, is amended to
read as follows:
2. Any person who violates the provisions of section 15-1506 of this
chapter or the rules, regulations, orders or determinations of the
commissioner promulgated thereto or the terms of any permit issued ther-
S. 7086--B 8
eunder, shall be liable for a civil penalty not less than [twenty-five]
THREE THOUSAND SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
thousand dollars per day of such violation.
§ 15. Section 71-1115 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1115. Enforcement of section 15-1525.
Any person violating the provisions of section 15-1525 shall be guilty
of a violation punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, shall be liable for a civil
penalty of not more than [fifteen hundred] TWO THOUSAND TWO HUNDRED
FIFTY dollars.
§ 16. Subdivisions 1 and 2 of section 71-1117 of the environmental
conservation law, as amended by chapter 640 of the laws of 1977, are
amended to read as follows:
1. Any person or public corporation violating subdivision 1 of section
15-1745, shall be guilty of a violation punishable by a fine of not more
than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
2. In addition, the department may, in an action instituted by it in
any court of competent jurisdiction, recover from any such person or
public corporation the sum of [one hundred fifty] TWO HUNDRED TWENTY-
FIVE dollars per day for each day that such person or public corporation
continues to take, draw, divert or make use of any part or portion of
such waters.
§ 17. Section 71-1121 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1121. Enforcement of subdivision 2 of section 15-1947.
Violation of subdivision 2 of section 15-1947 shall constitute a
violation, punishable by a fine of not more than one thousand FIVE
HUNDRED dollars, and in addition thereto, a civil penalty of not more
than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
§ 18. Section 71-1123 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1123. Enforcement of section 15-2133.
1. Any neglect of the provisions of section 15-2133 by any officer or
person in charge of any reservoir shall be a violation punishable by a
fine of not more than one thousand FIVE HUNDRED dollars, and in addition
thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
SAND TWO HUNDRED FIFTY dollars.
2. Any person violating the provisions of subdivision 3 of section
15-2133 shall be guilty of a violation punishable by a fine of not more
than one thousand FIVE HUNDRED dollars, and in addition thereto, shall
be liable for a civil penalty of not more than [fifteen hundred] TWO
THOUSAND TWO HUNDRED FIFTY dollars.
§ 19. Section 71-1125 of the environmental conservation law, as
amended by chapter 640 of the laws of 1977, is amended to read as
follows:
§ 71-1125. Enforcement of section 15-2315.
Any person who violates the provisions of the first sentence of
section 15-2315 shall be guilty of a violation punishable by a fine of
not more than one thousand FIVE HUNDRED dollars, and in addition there-
to, shall be liable for a civil penalty of not more than [fifteen
hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
S. 7086--B 9
§ 20. Subdivision 1 of section 71-1127 of the environmental conserva-
tion law, as amended by chapter 401 of the laws of 2011, is amended to
read as follows:
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by article 15 except section 15-1713, or who
violates or who fails to comply with any rule, regulation, determination
or order of the department heretofore or hereafter promulgated pursuant
to article 15 except section 15-1713, or any condition of a permit
issued pursuant to article 15 of this chapter, or any determination or
order of the former water resources commission or the department hereto-
fore promulgated pursuant to former article 5 of the Conservation Law,
shall be liable for a civil penalty of not more than [two thousand five]
THREE THOUSAND SEVEN hundred FIFTY dollars for such violation and an
additional civil penalty of not more than [five] SEVEN hundred FIFTY
dollars for each day during which such violation continues, and, in
addition thereto, such person may be enjoined from continuing such
violation as otherwise provided in article 15 except section 15-1713.
§ 21. Section 71-1131 of the environmental conservation law, as added
by chapter 640 of the laws of 1977, is amended to read as follows:
§ 71-1131. Violations; criminal liability.
Except as otherwise specifically provided, any person who violates any
of the provisions of article 15 of this chapter, or any rule, regulation
or order promulgated pursuant thereto, or the terms of any permit issued
thereunder shall be guilty of a violation punishable by a fine of not
more than [five] SEVEN hundred FIFTY dollars.
§ 22. Section 71-1203 of the environmental conservation law, as added
by chapter 384 of the laws of 1983, is amended to read as follows:
§ 71-1203. Penalties.
Any person who violates the provisions of article twenty-two of this
chapter shall be subject to a civil penalty not to exceed [ten] FIFTEEN
thousand dollars for each day during which such violation occurred;
provided, however, that the total penalty to be imposed shall not exceed
one million FIVE HUNDRED THOUSAND dollars.
§ 23. Subdivisions 1 and 3 of section 71-1307 of the environmental
conservation law, as amended by chapter 99 of the laws of 2010, are
amended to read as follows:
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] TWELVE thousand dollars and an addi-
tional penalty of [two] THREE 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 commis-
sioner. 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 commis-
sioner, to the extent possible within a reasonable time and under the
direction and supervision of the commissioner. Any such order of the
S. 7086--B 10
commissioner shall be enforceable in any action brought by the commis-
sioner in any court of competent jurisdiction. Any civil penalty or
order issued by the commissioner under this subdivision shall be review-
able in a proceeding under article seventy-eight of the civil practice
law and rules.
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 FIVE HUNDRED 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] TWELVE 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.
§ 24. Subdivision 1 of section 71-1707 of the environmental conserva-
tion law is amended to read as follows:
1. Any person who violates, disobeys or disregards any term or
provision of this chapter listed in section 71-1701, or of titles 17
through 21 inclusive of this article or of any lawful notice, order or
regulation pursuant thereto for which a civil penalty is not otherwise
expressly prescribed by law, shall be liable to the people of the state
for a civil penalty of not to exceed one thousand FIVE HUNDRED dollars
for every such violation.
§ 25. Section 71-1711 of the environmental conservation law is amended
to read as follows:
§ 71-1711. Willful violation of health laws.
1. A person who willfully violates or refuses or omits to comply with
any lawful order or regulation prescribed by any local board of health
or local health officer, is guilty of a misdemeanor; except, however,
that where such order or regulation applies to a tenant with respect to
[his] SUCH TENANT'S own dwelling unit or to an owner occupied one or two
family dwelling, such person is guilty of an offense for the first
violation punishable by a fine not to exceed [fifty] SEVENTY-FIVE
dollars and for a second or subsequent violation is guilty of a misde-
meanor punishable by a fine not to exceed [five] SEVEN hundred FIFTY
dollars or by imprisonment not to exceed six months or by both such fine
and imprisonment.
2. A person who willfully violates any provision of this chapter list-
ed in section 71-1701, or of titles 17 through 21 inclusive of this
article, or any regulation lawfully made or established by any public
officer or board under authority of such provisions, the punishment for
violating which is not otherwise prescribed by such provisions or any
other law, is punishable by imprisonment not exceeding one year, or by a
fine not exceeding [two] THREE thousand dollars or by both.
§ 26. Section 71-1725 of the environmental conservation law, as
amended by chapter 400 of the laws of 1973, is amended to read as
follows:
§ 71-1725. Assessment of Penalties.
The commissioner may assess any penalty prescribed for a violation of
or a failure to comply with any provision contained in this title or
listed in section 71-1701, or any lawful notice, order or regulation
prescribed by the commissioner under any such provision, one thousand
S. 7086--B 11
FIVE HUNDRED dollars for every such violation or failure, which penalty
may be assessed after a hearing or an opportunity to be heard.
§ 27. Section 71-1905 of the environmental conservation law is amended
to read as follows:
§ 71-1905. Enforcement of section 17-1705.
Any person violating any provision of section 17-1705 shall forfeit to
the county where the violation occurred the sum of [fifty] SEVENTY-FIVE
dollars for every such violation.
§ 28. Subdivision 1 of section 71-1907 of the environmental conserva-
tion law is amended to read as follows:
1. Every person violating any provision of section 17-1707 shall
forfeit to the municipality having a local board of health where the
violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
CENTS for the first day when the violation takes place, and the sum of
[ten] FIFTEEN dollars for every subsequent day that such violation is
repeated or continued.
§ 29. Subdivision 2 of section 71-1909 of the environmental conserva-
tion law, as amended by section 35 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
2. Any person violating any provision of section 17-1709 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 30. Section 71-1911 of the environmental conservation law, as
amended by section 36 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
§ 71-1911. Enforcement of section 17-1711.
Any person violating any provision of section 17-1711 shall be guilty
of an offense, and punishable by a fine of not more than [seventy-five]
ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
§ 31. Subdivision 2 of section 71-1913 of the environmental conserva-
tion law is amended to read as follows:
2. Any person violating any provision of section 17-1713 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 32. Subdivision 1 of section 71-1915 of the environmental conserva-
tion law is amended to read as follows:
1. Any person violating any provision of section 17-1715 shall be
guilty of a misdemeanor, and punishable by a fine of not more than
[five] SEVEN hundred FIFTY dollars or by imprisonment for not more than
one year or by both such fine and imprisonment.
§ 33. Subdivision 1 of section 71-1921 of the environmental conserva-
tion law is amended to read as follows:
1. Any person putting in or constructing or maintaining a conduit,
discharge pipe or other means of discharging or casting any refuse or
waste matter in violation of section 17-1729 shall forfeit to the people
of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
same is used or maintained for such purpose, to be collected in an
action brought by the commissioner.
§ 34. Subdivision 1 of section 71-1929 of the environmental conserva-
tion law, as amended by section 37 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. A person who violates any of the provisions of, or who fails to
perform any duty imposed by titles 1 through 11 inclusive and title 19
S. 7086--B 12
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 liable to a penalty of not to exceed [thirty-seven
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day for each violation, and, in addition thereto, such person may be
enjoined from continuing such violation as hereinafter provided.
Violation of a permit condition shall constitute grounds for revocation
of such permit, which revocation may be accomplished either as provided
in paragraph f of subdivision 4 of section 17-0303 or by order of judg-
ment of the supreme court as an alternate or additional civil penalty in
an action brought pursuant to subdivision 3 of this section.
§ 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
of subdivision 8 of section 71-1933 of the environmental conservation
law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
and iv of paragraph b of subdivision 8 as amended by section 39 of part
C of chapter 62 of the laws of 2003, are amended to read as follows:
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] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars nor more than [thirty-seven thousand
five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY 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 subdivi-
sion, punishment shall be by a fine of not more than [seventy-five thou-
sand] ONE HUNDRED TWELVE THOUSAND FIVE HUNDRED dollars per day of
violation, or by imprisonment for not more than two years, or by both.
i. [$750,000] $1,125,000 for a class C felony committed by an organ-
ization as defined in section 71-1932 of this title;
ii. [$375,000] $562,500 for a class C felony;
iii. [$75,000] $112,500 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] $11,250; and [$15,000] $22,500 for a class E felony
defined under subdivision seven of this section;
iv. [$37,500] $56,250 per day of continuing violation for a class A
misdemeanor but in no event less than [$3,750] $5,625.
§ 36. Paragraph b of subdivision 3 of section 71-1939 of the environ-
mental conservation law, as added by chapter 543 of the laws of 2010, is
amended to read as follows:
b. All fines and penalties collected pursuant to this subdivision
shall be paid to the district or county, provided, however, that one-
quarter of such fines and penalties received shall be paid to the
[general fund to the credit of the state purposes account] CONSERVATION
FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
LAW.
§ 37. Subdivision 1 of section 71-1941 of the environmental conserva-
tion law, as amended by section 40 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
1. Except where the owner of or a person in actual or constructive
possession or control of more than one thousand one hundred gallons, in
bulk, of any liquid including petroleum which, if released, would or
S. 7086--B 13
would be likely to pollute the lands or waters of the state including
the groundwaters thereof can prove that the entry or presence of any
part of such liquid onto such lands or into or in such waters causing or
contributing to a condition therein in contravention of the standards
adopted or deemed adopted by the water pollution control board or any of
its legal successors was caused solely by (A) an act of God, (B) an act
of war, (C) negligence on the part of the United States or New York
State Government or (D) an act or omission of a third party without
regard to whether any such act or omission was or was not negligent, or
any combination of the foregoing clauses, such owner or person shall be
liable for a penalty of not more than [three thousand seven hundred
fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars for an initial
incident resulting in or contributing to such a contravention and for an
additional penalty not to exceed [seven hundred fifty] ONE THOUSAND ONE
HUNDRED TWENTY-FIVE dollars for each day during which such contravention
or contribution thereto continues, and in addition shall be liable to
the people of the state of New York for the actual costs incurred by or
on behalf of the people of the state for the removal or neutralization
of such liquid and for any and all reasonable measures taken or
attempted to reduce, limit or diminish the extent or effect of such
contravention.
§ 38. Section 71-1943 of the environmental conservation law, as
amended by section 41 of part C of chapter 62 of the laws of 2003, is
amended to read as follows:
§ 71-1943. Enforcement of section 17-1743.
Any person who fails to so notify the department of such release,
discharge or spill into the waters of the state as described in section
17-1743 of this chapter shall, upon conviction, be fined not more than
[three thousand seven hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-
FIVE dollars or imprisoned for not more than one year, or both.
§ 39. Section 71-1945 of the environmental conservation law, as added
by chapter 205 of the laws of 2010, is amended to read as follows:
§ 71-1945. Enforcement of title 21 of article 17.
1. Except as otherwise provided in this section, any person who
violates any provision of title 21 of article 17 of this chapter or any
rule, regulation or order issued thereunder shall be liable to the
people of the state for a civil penalty not to exceed [five] SEVEN
hundred FIFTY dollars for a first violation, and not to exceed one thou-
sand FIVE HUNDRED dollars for each subsequent violation, to be assessed
by the commissioner after a hearing or opportunity to be heard.
2. Any owner or owner's agent, or occupant of a household who violates
any provision of title 21 of article 17 of this chapter or any rule,
regulation or order issued thereunder shall, for a first violation be
issued a written warning and be provided educational materials. Upon a
second violation, the owner or owner's agent, or occupant of a household
shall be liable to the people of the state for a civil penalty not to
exceed one hundred FIFTY dollars, and for any subsequent violations
shall be liable to the people of the state for a civil penalty not to
exceed [two hundred fifty] THREE HUNDRED TWENTY-FIVE dollars. No owner
or owner's agent of a household shall be held liable for any violation
by an occupant. Such penalties may be assessed by the commissioner after
a hearing or opportunity to be heard.
§ 40. Subdivision 1 of section 71-2103 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
S. 7086--B 14
1. Except as provided in section 71-2113, any person who violates any
provision of article nineteen or any code, rule or regulation which was
promulgated pursuant thereto; or any order except an order directing
such person to pay a penalty by a specified date issued by the commis-
sioner pursuant thereto, shall be liable, in the case of a first
violation, for a penalty not less than [five] SEVEN hundred FIFTY
dollars nor more than [eighteen] TWENTY-SEVEN thousand dollars for said
violation and an additional penalty of not to exceed [fifteen thousand]
TWENTY THOUSAND FIVE HUNDRED dollars for each day during which such
violation continues. In the case of a second or any further violation,
the liability shall be for a penalty not to exceed [twenty-six] THIRTY-
NINE thousand dollars for said violation and an additional penalty not
to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues. In addition thereto, such person may be enjoined from continuing
such violation as hereinafter provided.
§ 41. Subdivision 1 of section 71-2105 of the environmental conserva-
tion law, as amended by chapter 99 of the laws of 2010, is amended to
read as follows:
1. Except as provided in section 71-2113, any person who shall wilful-
ly violate any of the provisions of article 19 or any code, rule or
regulation promulgated pursuant thereto or any final determination or
order of the commissioner made pursuant to article 19 shall be guilty of
a misdemeanor, and, upon conviction thereof, shall be punished by a
fine, in the case of a first conviction, of not less than [five] SEVEN
hundred FIFTY dollars nor more than [eighteen] TWENTY-SEVEN thousand
dollars or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment, for each separate violation. If the
conviction is for an offense committed after the first conviction of
such person under this subdivision, such person shall be punished by a
fine not to exceed [twenty-six] THIRTY-NINE thousand dollars, or by
imprisonment, or by both such fine and imprisonment. Each day on which
such violation occurs shall constitute a separate violation.
§ 42. Section 71-2111 of the environmental conservation law, as added
by chapter 400 of the laws of 1973, is amended to read as follows:
§ 71-2111. Enforcement of air pollution emergency rules and regulations.
Any person who violates any of the provisions of any regulation
promulgated by the commissioner under authority of paragraph y of subdi-
vision one of section 3-0301 shall be liable for a civil penalty of not
more than [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
each such violation and an additional penalty of not more than [five]
SEVEN hundred FIFTY dollars for each day during which such violation
continues, and, in addition thereto, such persons 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.
§ 43. Section 71-2113 of the environmental conservation law, as added
by chapter 942 of the laws of 1984, subdivision 1 as amended by section
23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2113. Violations of section 19-0304 of article 19 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 section
19-0304 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 commission-
S. 7086--B 15
er made pursuant to article 19 of this chapter concerning a violation of
section 19-0304 of this chapter shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2107 of this title, and, 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. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed seven-
ty-five 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
section 19-0304 of this chapter, or any rules and regulations promulgat-
ed 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 article 19 of this chapter concerning
a violation of section 19-0304 of this chapter shall be guilty of a
misdemeanor and, upon conviction thereof, shall for a first conviction
be punished by a fine not to exceed [thirty-seven thousand five hundred]
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or 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 [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 44. Section 71-2201 of the environmental conservation law, as added
by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is
amended to read as follows:
§ 71-2201. Enforcement of title 23 of article 23 of this chapter.
Administrative and civil sanctions. 1. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by title 23
of article 23 except the duty to accept used oil pursuant to section
23-2307 or any person subject to section 23-2308 or any rule or regu-
lation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this section shall
be liable for a civil penalty not to exceed one thousand FIVE HUNDRED
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after a hearing
or opportunity to be heard pursuant to the provisions of section 71-1709
of this chapter, and, in addition thereto, such person may by similar
process be enjoined from continuing such violation and any permit or
S. 7086--B 16
certificate issued to such person may be revoked or suspended or a pend-
ing renewal application denied.
2. Any person who refuses to accept used oil as required pursuant to
subdivision two of section 23-2307 shall be liable for a civil penalty
not to exceed one hundred FIFTY dollars.
3. Any person who violates any provision of section 23-2308 of this
chapter shall be subject to a civil penalty not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
4. Notwithstanding any other provision of law, any person who shall
violate the provisions of paragraph [(c)] C of subdivision one of
section 23-2307 or paragraph [(d)] D of subdivision two of section
23-2307 of this chapter shall be liable for a civil penalty of not more
than [five] SEVEN hundred FIFTY dollars, and an additional civil penalty
of not more than [five] SEVEN hundred FIFTY dollars for each day during
which such violation continues, not to exceed [ten] FIFTEEN thousand
dollars.
§ 45. Section 71-2303 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as
amended by section 15 of part QQ of chapter 58 of the laws of 2022, is
amended to read as follows:
§ 71-2303. Violation; penalties.
1. Civil sanctions. a. Any person who violates, disobeys or disregards
any provision of article twenty-four, including title five and section
24-0507 thereof or any rule or regulation, local law or ordinance,
permit or order issued pursuant thereto, shall be liable to the people
of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
sand FIVE HUNDRED dollars for every such violation, to be assessed,
after a hearing or opportunity to be heard upon due notice and with the
rights to specification of the charges and representation by counsel at
such hearing, by the commissioner or local government or in an action
initiated by the attorney general pursuant to section 71-2305 of this
title or on the attorney general's own initiative. Each violation shall
be a separate and distinct violation and, in the case of a continuing
violation, each day's continuance thereof shall be deemed a separate and
distinct violation. Such penalty assessed by the commissioner or local
government may be recovered in an action brought by the attorney general
at the request and in the name of the commissioner or local government
in any court of competent jurisdiction. Such civil penalty may be
released or compromised by the commissioner or local government 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 or local government. In addition, the commissioner
or local government shall have power, following a hearing held in
conformance with the procedures set forth in section 71-1709 of this
article, to direct the violator to cease violating the act and to
restore the affected freshwater wetland to its condition prior to the
violation, insofar as that is possible within a reasonable time and
under the supervision of the commissioner or local government. Any such
order of the commissioner or local government shall be enforceable in an
action brought by the attorney general at the request and in the name of
the commissioner or local government in any court of competent jurisdic-
tion. Any civil penalty or order issued by the commissioner or local
government pursuant to this subdivision shall be reviewable in a
S. 7086--B 17
proceeding pursuant to article seventy-eight of the civil practice law
and rules.
b. Upon determining that significant damage to the functions and bene-
fits of a freshwater wetland is occurring or is imminent as a result of
any violation of article twenty-four of this chapter, including but not
limited to (i) activity taking place requiring a permit under article
twenty-four of this chapter but for which no permit has been granted or
(ii) failure on the part of a permittee to adhere to permit conditions,
the commissioner or local government shall have power to direct the
violator to cease and desist from violating the act. In such cases the
violator shall be provided an opportunity to be heard within ten days of
receipt of the notice to cease and desist.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-four of this chapter, including any rule or regulation, local
law or ordinance, permit or order issued pursuant thereto, shall, in
addition, for the first offense, be guilty of a violation punishable by
a fine of not less than [two] THREE thousand nor more than [five] SEVEN
thousand FIVE HUNDRED dollars; for a second and each subsequent offense
[he] SUCH PERSON shall be guilty of a misdemeanor punishable by a fine
of not less than [four] SIX thousand nor more than [ten] FIFTEEN thou-
sand dollars or a term of imprisonment of not less than fifteen days nor
more than six months or both. In addition to these punishments, any
offender may be punishable by being ordered by the court to restore the
affected freshwater wetland or adjacent area to its condition prior to
the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of such restoration, which shall be
effected under the supervision of the commissioner or local government.
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.
3. 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.
§ 46. Paragraph a of subdivision 1 and subdivision 2 of section
71-2503 of the environmental conservation law, as amended by chapter 666
of the laws of 1989, are amended to read as follows:
a. Any person who violates, disobeys or disregards any provision of
article twenty-five shall be liable to the people of the state for a
civil penalty of not to exceed [ten] FIFTEEN thousand dollars for every
such violation, to be assessed, after a hearing or opportunity to be
heard, by the commissioner. Each violation shall be a separate and
distinct violation and, in the case of a continuing violation, each
day's continuance thereof shall be deemed a separate and distinct
violation. 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 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 commis-
sioner.
2. Criminal sanctions. Any person who violates any provision of arti-
cle twenty-five shall, in addition, for the first offense, be guilty of
a violation punishable by a fine of not less than [five] SEVEN hundred
FIFTY nor more than [five] SEVEN thousand FIVE HUNDRED dollars; for a
second and each subsequent offense such person shall be guilty of a
S. 7086--B 18
misdemeanor punishable by a fine of not less than one thousand FIVE
HUNDRED nor more than [ten] FIFTEEN thousand dollars or a term of impri-
sonment of not less than fifteen days nor more than six months or both.
In addition to or instead of these punishments, any offender shall be
punishable by being ordered by the court to restore the affected tidal
wetland or area immediately adjacent thereto to its condition prior to
the offense, insofar as that is possible. The court shall specify a
reasonable time for the completion of the restoration, which shall be
effected under the supervision of the commissioner. 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.
§ 47. Section 71-2505 of the environmental conservation law, as
amended by chapter 249 of the laws of 1997, is amended to read as
follows:
§ 71-2505. Enforcement.
The attorney general, on [his] THEIR own initiative or at the request
of the commissioner, shall prosecute persons who violate article twen-
ty-five. In addition the attorney general, on [his] THEIR own initi-
ative or at the request of the commissioner, shall have the right to
recover a civil penalty of up to [ten] FIFTEEN thousand dollars for
every violation of any provision of such article, and to seek equitable
relief to restrain any violation or threatened violation of such article
and to require the restoration of any affected tidal wetland or area
immediately adjacent thereto to its condition prior to the violation,
insofar as that is possible, within a reasonable time and under the
supervision of the commissioner. In the case of a continuing violation,
each day's continuance thereof shall be deemed a separate and distinct
violation.
§ 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
conservation law, subdivisions 1 and 2 as amended by chapter 508 of the
laws of 1995, paragraph a of subdivision 1 as amended by section 25,
subparagraphs i and ii of paragraph b of subdivision 1 as amended by
section 26, paragraph a and subparagraphs i and ii of paragraph b of
subdivision 2 as amended by section 27, subparagraphs i and ii of para-
graph c of subdivision 2 as amended by section 28 and subdivision 3 as
amended by section 29 of part C of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Civil and administrative sanctions. a. Any person who violates any
of the provisions of, or who fails to perform any duty imposed by title
3 or 7 of article 27 of this chapter or any rule or regulation promul-
gated 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 liable for a civil
penalty not to exceed [seven thousand five hundred] ELEVEN THOUSAND TWO
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [one thousand five hundred] TWO THOUSAND TWO HUNDRED
FIFTY 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 the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
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.
S. 7086--B 19
b. i. Any person who violates any of the provisions of, or who fails
to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
ter, or any rule or regulation promulgated pursuant thereto, or any term
or condition of any certificate or permit issued pursuant thereto and
thereby causes the release of solid waste into the environment, shall be
liable for a civil penalty not to exceed [eleven thousand two hundred
fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
violation and an additional penalty of not more than [eleven thousand
two hundred fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE 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 the court in any
action or proceeding pursuant to section 71-2727 of this title, and, 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.
ii. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
or any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto and
thereby causes the release of more than ten cubic yards of solid waste
into the environment, shall be liable for a civil penalty not to exceed
[twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED
FIFTY dollars for each such violation and an additional penalty of not
more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues, 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 the
court in any action or proceeding pursuant to section 71-2727 of this
title, and, 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.
c. The court in any action or proceeding pursuant to section 71-2727
of this chapter may exercise all powers exercisable by the commissioner.
2. Criminal sanctions. a. 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
title 3 or 7 of article 27 of this chapter, or any rules and regulations
promulgated pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a violation
and, upon conviction thereof, shall be punished by a fine of not less
than [one thousand five hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars
nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
of violation or by imprisonment for not more than fifteen days or by
both such fine and imprisonment.
b. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not less than [three thousand seven hundred fifty] FIVE THOUSAND SIX
HUNDRED TWENTY-FIVE dollars per day nor more than [twenty-two thousand
five hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
S. 7086--B 20
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment, after having been convicted
of a violation of this subdivision within the preceding five years,
shall be guilty of a class A misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than [three thousand seven
hundred fifty] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
more than [thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars per day of violation, or by imprisonment for a
term in accordance with the penal law, or by both such fine and impri-
sonment.
c. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment shall be guilty of a
class A misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
SIX HUNDRED TWENTY-FIVE dollars per day nor more than [thirty-seven
thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
day of violation, or by imprisonment for a term in accordance with the
penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment, after having been
convicted of a violation of this subdivision within the preceding five
years, shall be guilty of a class E felony and, upon conviction thereof,
shall be punished by a fine of not less than [seven thousand five
hundred] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
[seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars per day
of violation, or by imprisonment for a term in accordance with the penal
law, or by both such fine and imprisonment.
3. Additional sanctions. Any person who violates any of the provisions
of, or who fails to perform any duty imposed by title 7 of article 27,
with regard to the construction and operation of facilities for the
disposal of construction and demolition debris or any rule or regulation
promulgated pursuant thereto, or any term or condition of any certif-
icate or permit issued pursuant thereto or any final determination or
order of the commissioner made pursuant to this title shall be liable
for a civil penalty not to exceed [fifteen] TWENTY-TWO thousand FIVE
HUNDRED dollars and each day of such deposition shall constitute a sepa-
rate violation and said civil penalty is in addition to any other fines
or penalties which may be applied pursuant to this title.
§ 49. Section 71-2705 of the environmental conservation law, as added
by chapter 550 of the laws of 1980, subdivision 1 as amended by section
30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
the laws of 2003, is amended to read as follows:
§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
ter.
1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 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 commission-
er made pursuant to this title shall be liable in the case of a first
violation, for a civil penalty not to exceed [thirty-seven thousand five
hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
penalty of not more than [thirty-seven thousand five hundred] FIFTY-SIX
S. 7086--B 21
THOUSAND TWO HUNDRED FIFTY dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
article, or by the court in any action or proceeding pursuant to section
71-2727 of this title, and, 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. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
for each such violation and an additional penalty not to exceed [seven-
ty-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED 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
titles 9, 11 and 13 of article 27 or any rules and regulations promul-
gated 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 misde-
meanor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [thirty-seven thousand five hundred]
FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
imprisonment for a term of not more than one year, or 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 [seventy-five] ONE HUNDRED TWELVE thousand
FIVE HUNDRED dollars per day of violation, or by imprisonment for not
more than two years or by both such fine and imprisonment.
§ 50. Subdivision 2 of section 71-2721 of the environmental conserva-
tion law, as amended by section 32 of part C of chapter 62 of the laws
of 2003, is amended to read as follows:
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] FOUR hundred FIFTY thousand dollars for a class C felony;
(b) [Two hundred twenty-five thousand] THREE HUNDRED THIRTY-SEVEN
THOUSAND FIVE HUNDRED dollars for a class D felony;
(c) [One hundred fifty thousand] TWENTY-TWO THOUSAND FIVE HUNDRED
dollars for a class E felony;
(d) [Thirty-seven thousand five hundred] FIFTY-SIX THOUSAND TWO
HUNDRED FIFTY dollars for a class A misdemeanor;
(e) [Fifteen] TWO HUNDRED TWENTY-FIVE thousand dollars for a class B
misdemeanor; or
(f) Double the amount of the defendant's gain from the commission of
the crime.
§ 51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
conservation law, subdivision 1 as amended by section 33 and subdivision
2 as amended by section 34 of part C of chapter 62 of the laws of 2003,
and subdivision 5 as added by chapter 152 of the laws of 1990, are
amended to read as follows:
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] ONE HUNDRED TWELVE dollars AND FIFTY CENTS
for each violation, provided that such civil penalty shall be in addi-
S. 7086--B 22
tion 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] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
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] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
EIGHTY-THREE OF THE STATE FINANCE LAW; 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 local-
ity.
§ 52. Subdivisions 1 and 2 of section 71-2724 of the environmental
conservation law, as amended by chapter 30 of the laws of 2020, are
amended to read as follows:
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 FIFTY dollars. Any
person convicted of a second or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY 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] SEVENTY-FIVE dollars. Any person convicted
of a third violation shall be liable for a civil penalty not to exceed
[seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS. 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.
§ 53. Subdivision 1 of section 71-2728 of the environmental conserva-
tion law, as added by chapter 641 of the laws of 2008, is amended to
read as follows:
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 impo-
sition of a fine. Any person convicted of a second violation shall be
liable for a civil penalty not to exceed one hundred FIFTY dollars. Any
person convicted of a third or subsequent violation shall be liable for
a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
§ 54. Section 71-2729 of the environmental conservation law, as added
by chapter 99 of the laws of 2010, is amended to read as follows:
§ 71-2729. Enforcement of title 26 of article 27 of this chapter.
1. a. Any consumer, as defined in title twenty-six of article twenty-
seven of this chapter, who violates any provision of, or fails to
perform any duty imposed by, section 27-2611 of this chapter, shall be
S. 7086--B 23
liable for a civil penalty not to exceed one hundred FIFTY dollars for
each violation.
b. Any person, except a consumer, manufacturer, or an owner or opera-
tor of an electronic waste collection site, electronic waste consol-
idation facility, or electronic waste recycling facility as these terms
are defined in title twenty-six of article twenty-seven of this chapter,
who violates any provision, or fails to perform any duty imposed by
section 27-2611 of this chapter, shall be liable for a civil penalty not
to exceed [two hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for
each violation.
c. Any manufacturer, or any person operating an electronic waste
collection site, an electronic waste consolidation facility, or an elec-
tronic waste recycling facility as those terms are defined in title
twenty-six of article twenty-seven of this chapter, who:
i. fails to submit any report, registration, fee, or surcharge to the
department as required by title twenty-six of article twenty-seven of
this chapter shall be liable for a civil penalty not to exceed one thou-
sand FIVE HUNDRED dollars for each day such report, registration, fee,
or surcharge is not submitted; and
ii. violates any other provision of title twenty-six of article twen-
ty-seven of this chapter or fails to perform any duty imposed by such
title, except for subdivision four of section 27-2603 of this chapter,
shall be liable for a civil penalty for each violation not to exceed one
thousand FIVE HUNDRED dollars for the first violation, [two thousand
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the second
violation and [five] SEVEN thousand FIVE HUNDRED dollars for the third
and subsequent violations of this title within a twelve-month period.
d. Any retailer, as defined by section 27-2601 of this chapter, who
violates any provision of title twenty-six of article twenty-seven of
this chapter or fails to perform any duty imposed by such title, shall
be liable for a civil penalty for each violation not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for the first
violation, [five] SEVEN hundred FIFTY dollars for the second violation
and one thousand FIVE HUNDRED dollars for the third and subsequent
violations of this title in a twelve-month period.
e. Civil penalties under this section shall be assessed by the commis-
sioner after a hearing or opportunity to be heard pursuant to the
provisions of section 71-1709 of this article, or by the court in any
action or proceeding pursuant to this section, and, in addition thereto,
such person may by similar process be enjoined from continuing such
violation.
2. All penalties collected pursuant to this section shall be paid over
to the commissioner for deposit to the environmental protection fund
established pursuant to section ninety-two-s of the state finance law.
§ 55. Subdivisions 1 and 3 of section 71-2907 of the environmental
conservation law, as amended by chapter 285 of the laws of 2000, are
amended to read as follows:
1. Administrative sanctions. Except as otherwise provided in this
subdivision, any person who violates any provision of article 33 of this
chapter or any rule, regulation or order issued thereunder or commits
any offense described in section 33-1301 of this chapter shall be liable
to the people of the state for a civil penalty not to exceed [five]
SEVEN thousand FIVE HUNDRED dollars for a first violation, and not to
exceed [ten] FIFTEEN thousand dollars for a subsequent offense, to be
assessed by the commissioner after a hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, an owner or
S. 7086--B 24
owner's agent of a multiple dwelling or owner, owner's agent or a person
in a position of authority for all other types of premises, as such
terms are defined in paragraph d of subdivision five of section 33-0905
of this chapter, who violates any provision of a local law adopted
pursuant to subdivision one of section 33-1004 of this chapter relating
to paragraph b of such subdivision, and a person, who violates any
provision of a local law adopted pursuant to subdivision one of section
33-1004 of this chapter relating to paragraph c of such subdivision, and
a person who violates the provisions of subdivision three of section
three hundred ninety-c of the social services law shall, for a first
such violation, in lieu of a penalty, be issued a written warning and
shall also be issued educational materials pursuant to subdivision two
of section 33-1005 of this chapter. Such person shall, however, for a
second violation, be liable to the people of the state for a civil
penalty not to exceed one hundred FIFTY dollars, and not to exceed [two
hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars for any subsequent
violation, such penalties to be assessed by the commissioner after a
hearing or opportunity to be heard.
Notwithstanding any provision of law to the contrary, any person who
violates the provisions of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph a of such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the people of the state for a civil penalty not to exceed one hundred
FIFTY dollars for a second violation, and not to exceed [two hundred
fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, 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 gener-
al; 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. Any civil penalty assessed by the
commissioner under this subdivision shall be reviewable in a proceeding
under article 78 of the civil practice law and rules.
3. Criminal sanctions. Any person who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in section
20.20 of the penal law, violates any provision of article 33 of this
chapter or any rule, regulation thereunder or commits any offense
described in section 33-1301 of this chapter, except an offense relating
to the application of a general use pesticide shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed [five] SEVEN thousand FIVE HUNDRED 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 [ten] FIFTEEN 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. When a violation
consists of the manufacture or production of any prohibited article,
each day during which or any part of which such manufacture or
production is carried on or continued, shall be deemed a separate
violation. Any person who violates any provision of article 33 of this
S. 7086--B 25
chapter or any rule or regulation thereunder or commits any offense
described in section 33-1301 of this chapter relating to the use of a
general use pesticide shall be guilty of a violation and, upon
conviction thereof, shall be punished by a fine not to exceed [twenty-
five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars. If the
conviction is for a subsequent offense committed after the first such
conviction of such person under this subdivision, punishment shall be by
a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars. Prose-
cution hereunder may be conducted by either the attorney general or the
district attorney consistent with section 71-0403 of this article. With
respect to violations of section 33-1004 of this chapter, penalties
imposed pursuant to this subdivision may be assessed only against a
person providing a commercial lawn application.
§ 56. Section 71-3103 of the environmental conservation law is amended
to read as follows:
§ 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] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY 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 Attor-
ney General at the request and in the name of the commissioner.
§ 57. Subdivision 1 of section 71-3303 of the environmental conserva-
tion law, as added by chapter 617 of the laws of 1987, is amended to
read as follows:
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 regu-
lation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation 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] SEVEN hundred FIFTY dollars for each such violation
and an additional penalty of [five] SEVEN hundred FIFTY 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.
§ 58. Section 71-3307 of the environmental conservation law, as added
by chapter 617 of the laws of 1987, is amended to read as follows:
§ 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 guil-
ty of a violation, and, upon conviction thereof, shall be punished by a
fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
S. 7086--B 26
and [five] SEVEN hundred FIFTY dollars for each day such violation shall
continue.
§ 59. Section 71-3501 of the environmental conservation law is amended
to read as follows:
§ 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 FIFTY dollars, or by imprisonment
not less than three nor more than six months, or both.
§ 60. Section 71-3703 of the environmental conservation law, as
amended by chapter 259 of the laws of 2011, subdivision 4 as amended by
chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
the laws of 2021, subdivision 6 as added by chapter 111 of the laws of
2023, and subdivision 7 as added by chapter 107 of the laws of 2024, is
amended to read as follows:
§ 71-3703. Enforcement of article 37.
1. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0107 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each such violation and an additional penalty of not more
than [five] SEVEN hundred FIFTY dollars for each day during which such
violation continues, and, in addition thereto, such person may be
enjoined from continuing such violation.
2. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0505 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
3. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0705 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
4. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0117 or any rule or regulation
promulgated pursuant hereto, shall be liable for a civil penalty not to
exceed one thousand FIVE HUNDRED dollars for each day during which such
violation continues, and in addition thereto, such person may be
enjoined from continuing such violation. Such person shall for a second
violation be liable to the people of the state for a civil penalty not
to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
dollars for each day during which such violation continues.
S. 7086--B 27
5. Any person who violates any of the provisions of or who fails to
perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
or any rule or regulation promulgated pursuant hereto, shall be liable
for a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
each day during which such violation continues, and in addition thereto,
such person may be enjoined from continuing such violation. Such person
shall for a second violation be liable to the people of the state for a
civil penalty not to exceed [two thousand five hundred] THREE THOUSAND
SEVEN HUNDRED FIFTY dollars for each day during which such violation
continues.
6. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-0121 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand FIVE HUNDRED dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
penalty not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues.
7. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by section 37-1101 of this chapter or any rule
or regulation promulgated pursuant hereto, shall be liable for a civil
penalty not to exceed one thousand FIVE HUNDRED dollars for each day
during which such violation continues, and in addition thereto, such
person may be enjoined from continuing such violation. Such person shall
for a second violation be liable to the people of the state for a civil
penalty not to exceed [two thousand five hundred] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each day during which such violation contin-
ues.
§ 61. Section 71-3803 of the environmental conservation law, as added
by chapter 713 of the laws of 1975, is amended to read as follows:
§ 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] THREE THOUSAND SEVEN
HUNDRED FIFTY dollars for each such violation and an additional penalty
of not more than [five] SEVEN hundred FIFTY 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.
§ 62. Section 71-3903 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 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] FOUR
thousand FIVE HUNDRED 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] 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
S. 7086--B 28
[comprised] 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 power,
following a hearing, to direct the violator to cease [his] THEIR
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 juris-
diction. 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 thir-
ty 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] SEVEN
hundred FIFTY nor more than one thousand FIVE HUNDRED dollars; for a
second and each subsequent offense [he] SUCH PERSON shall be guilty of a
misdemeanor punishable by a fine of not less than one thousand FIVE
HUNDRED nor more than [three] FOUR thousand FIVE HUNDRED 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 continu-
ing offense, each day's continuance thereof shall be deemed a separate
and distinct offense.
§ 63. Section 71-3905 of the environmental conservation law, as added
by chapter 732 of the laws of 1980, is amended to read as follows:
§ 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] THEIR
own initiative or at the request of the commissioner, shall have the
right to recover a civil penalty of not to exceed [three] FOUR thousand
FIVE HUNDRED dollars for every violation of any provision of said arti-
cle, and to seek equitable relief to restrain any violation or threat-
ened violation of such article and to require the recall of any sewage
system cleaners or additives sold or distributed in violation of said
article.
§ 64. Section 71-4001 of the environmental conservation law, as
amended by chapter 99 of the laws of 2010, is amended to read as
follows:
§ 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 chap-
ter, 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] ONE THOUSAND
THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
S. 7086--B 29
§ 65. 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 issued thereunder, shall be liable to a civil penalty of
not more than one thousand FIVE HUNDRED dollars, and an additional civil
penalty of not more than one thousand FIVE HUNDRED 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.
§ 66. Section 71-4103 of the environmental conservation law, as
amended by chapter 608 of the laws of 1993, is amended to read as
follows:
§ 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 FIVE HUNDRED 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.
§ 67. Section 71-4303 of the environmental conservation law, as added
by chapter 672 of the laws of 1986, is amended to read as follows:
§ 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] THIRTY-SEVEN thousand FIVE HUNDRED dollars
and an additional penalty of not more than [twenty-five thousand] THIR-
TY-SEVEN THOUSAND FIVE HUNDRED dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity 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] SEVENTY-FIVE thousand dollars for
such violation and an additional penalty not to exceed [fifty] SEVENTY-
FIVE thousand dollars for each day during which such violation contin-
ues.
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
S. 7086--B 30
commissioner made pursuant to this title shall be guilty of a misdemea-
nor and, upon conviction thereof, shall for a first conviction be
punished by a fine not to exceed [twenty-five] 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 not to
exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
imprisonment for not more than two years or by both such fine and impri-
sonment.
§ 68. Section 71-4402 of the environmental conservation law, as added
by chapter 180 of the laws of 1989, is amended to read as follows:
§ 71-4402. Violations of title 15 of article 27 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 title 15 of article 27 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 commissioner made pursuant to this
title shall be liable in the case of a first violation, for a civil
penalty not to exceed [twenty-five] THIRTY-SEVEN thousand FIVE HUNDRED
dollars and an additional penalty of not more than [twenty-five] THIR-
TY-SEVEN thousand FIVE HUNDRED dollars for each day during which such
violation continues, to be assessed by the commissioner after an oppor-
tunity to be heard pursuant to the provisions of section 71-1709 of this
chapter, or by the court in any action or proceeding pursuant to section
71-2727 of this chapter, and, in addition thereto, such persons 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. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
an additional penalty not to exceed [fifty] SEVENTY-FIVE thousand
dollars for each day during which such violation continues.
2. Criminal sanctions.
a. Any person who violates any of the provisions of or who fails to
perform any duty imposed by title 15 of article 27 of this chapter or
any rules and 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 violation and, upon conviction thereof, shall
be punished by a fine not to exceed [five] SEVEN thousand FIVE HUNDRED
dollars per day of violation, or by imprisonment for a term of not more
than fifteen days, or by both such fine and imprisonment.
b. Any person who, intentionally, knowingly, or recklessly shall
violate any of the provisions of or who fails to perform any duty
imposed by title 15 of article 27 of this chapter or any rules and regu-
lations promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final determi-
nation or order of the commissioner made pursuant to this title shall be
guilty of a class B misdemeanor and, upon conviction thereof, shall for
a first conviction be punished by a fine not to exceed [fifteen] TWEN-
TY-TWO thousand FIVE HUNDRED dollars per day of violation or by impri-
sonment for a term of not more than ninety days, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this paragraph, within the preced-
S. 7086--B 31
ing five years, such person shall be guilty of a class A misdemeanor and
upon conviction, punishment shall be by a fine not to exceed [fifty]
SEVENTY-FIVE thousand FIVE HUNDRED dollars per day of violation, or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
§ 69. Subdivision 2 of section 71-4411 of the environmental conserva-
tion law, as added by chapter 180 of the laws of 1989, is amended to
read as follows:
2. Fines. A sentence to pay a fine shall be a sentence to pay any
amount fixed by the court, not exceeding the higher of:
(a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
class D felony;
(b) one hundred FIFTY thousand dollars for a class E felony;
(c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
(d) [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
misdemeanor; or
(e) double the amount of the defendant's gain from the commission of
the crime.
§ 70. This act shall take effect immediately.
