S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3026
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 23, 2025
                                ___________
 
 Introduced  by  M. of A. KELLES, LEE, EPSTEIN, LEVENBERG, SHIMSKY, SIMON
   -- read once and referred to the Committee on Environmental  Conserva-
   tion
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to the disposition of certain fees and penalties

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section  71-0211  of  the  environ-
 mental  conservation  law, subdivision 1 as amended by chapter 60 of the
 laws of 1993, subdivision 2 as amended by chapter 460  of  the  laws  of
 1991, are amended to read as follows:
   1.  Notwithstanding  any  other provisions of law to the contrary, all
 fines and penalties collected pursuant to title nineteen of  this  arti-
 cle,  except  amounts  required  to  be  paid into the conservation fund
 pursuant to subdivision two of section  71-1929  of  such  title;  title
 twenty-one  of  this article; title twenty-seven of this article, except
 amounts required to be paid  into  the  hazardous  waste  remedial  fund
 pursuant  to subdivision two of section 71-2725 of such title; and title
 forty-one of this article shall be paid into 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.
   2. Unless otherwise provided in this chapter, not later than the tenth
 day  of  each  month, all fines, penalties and forfeitures collected for
 violations of this chapter or rules, regulations, local  laws  or  ordi-
 nances  adopted  thereunder under judgment of any town or village court,
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00125-01-5
              

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 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.
   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
 A. 3026                             3
 
 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
 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
 A. 3026                             4
 
 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,
 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-
 A. 3026                             5
 
 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
 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-
 A. 3026                             6
 
 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
 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.
 A. 3026                             7
 
   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-
 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:
 A. 3026                             8

 § 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.
   §  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
 A. 3026                             9
 
 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
 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,
 A. 3026                            10
 
 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
 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.
 A. 3026                            11
 
   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
 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
 A. 3026                            12
 
 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
 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
 A. 3026                            13
 
 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:
   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
 A. 3026                            14
 
 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-
 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
 A. 3026                            15
 
 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
 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.
 A. 3026                            16
 
   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
 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
 A. 3026                            17
 
 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
 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
 A. 3026                            18
 
 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.
   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
 A. 3026                            19
 
 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.
   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
 A. 3026                            20
 
 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
 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
 A. 3026                            21
 
 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-
 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.
 A. 3026                            22
 
   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
 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,
 A. 3026                            23
 
 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
 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
 A. 3026                            24
 
 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
 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
 A. 3026                            25
 
 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
 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. 3026                            26
 
   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.
   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
 A. 3026                            27
 
 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
 [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
 A. 3026                            28
 
 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.
   § 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
 A. 3026                            29
 
 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
 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
 A. 3026                            30
 
 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-
 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:
 A. 3026                            31
 
   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.