§ 71-1933. Violations; criminal liability.

1. Any person who, having any of the culpable mental states defined in
section 15.05 of the penal law, shall violate any of the provisions of
titles 1 through 5, 9 through 11 and 19 of article 17 or the rules,
regulations, orders or determinations of the commissioner promulgated
thereto, or the terms of any permit issued thereunder, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than three thousand seven hundred fifty dollars nor
more than thirty-seven thousand five hundred dollars per day of
violation or by imprisonment for a term of not more than one year, or by
both such fine and imprisonment. If the conviction is for an offense
committed after a first conviction of such person under this
subdivision, punishment shall be by a fine of not more than seventy-five
thousand dollars per day of violation, or by imprisonment for not more
than two years, or by both.

2. No prosecution under this section shall be instituted until after
final disposition of an appeal or review, if any, provided by section
17-0909 or its predecessor, section 1244 of the Public Health Law.

3. Any person who with criminal negligence, as defined in section
15.05 of the penal law,

a. violates

i. any provision of title 7 or 8 of article 17 of this chapter, or

ii. the rules or regulations promulgated thereunder, or

iii. any term of any permit issued thereunder, or

iv. any requirement imposed in a pretreatment program approved
pursuant to section 402(a)(3) or 402(b)(8) of the Federal Water
Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved
pursuant to title 7 or 8 of article 17 of this chapter, or

v. any final administrative orders issued pursuant to this article
where an opportunity for a hearing is provided, or

b. introduces into a sewer system or publicly owned treatment works
any pollutant or hazardous substance

i. when such person knew that such introduction was likely to cause
personal injury or property damage, except if that introduction was in
compliance with all applicable federal, state or local requirements or
permits, or

ii. which causes the treatment works to violate any term of any permit
issued under title 7 or 8 of article 17 of this chapter or the rules or
regulations promulgated thereunder except if that introduction was in
compliance with all applicable federal, state or local requirements or
permits; shall be guilty of a class A misdemeanor.

4. Any person who knowingly, as defined in section 15.05 of the penal
law,

a. violates

i. any provision of title 7 or 8 of article 17 of this chapter, or

ii. the rules or regulations promulgated thereunder, or

iii. any term of any permit issued thereunder, or

iv. any requirement imposed in a pretreatment program approved
pursuant to section 402(a)(3) or 402(b)(8) of the Federal Water
Pollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved
pursuant to title 7 or 8 of article 17 of this chapter, or

v. any final administrative orders issued pursuant to this article
where an opportunity for a hearing was provided, or

b. introduces into a sewer system or publicly owned treatment works
any pollutant or hazardous substance

i. when such person knew that such introduction was likely to cause
personal injury, except if that introduction was in compliance with all
applicable federal, state or local requirements or permits, or

ii. which causes the treatment works to violate any term of any permit
issued under title 7 or 8 of article 17 of this chapter or the rules or
regulations promulgated thereunder except if that introduction was in
compliance with all applicable federal, state or local requirements or
permits; shall be guilty of a class E felony.

5. Any person who intentionally, as defined in section 15.05 of the
penal law,

a. violates

i. any provision of title 7 or 8 of article 17 of this chapter, or

ii. the rules or regulations promulgated thereunder, or

iii. any term of any permit issued thereunder, or

iv. any final administrative orders issued pursuant to this article
where an opportunity for a hearing was provided, and

b. knows at that time that he thereby places another person who is not
a participant in the crime in imminent danger of death or serious bodily
injury shall be guilty of a class C felony.

c. for the purpose of paragraphs a and b of this subdivision:

in determining whether a defendant who is an individual knew that his
conduct placed another person in imminent danger of death or serious
bodily injury

(a) the person is responsible only for actual awareness or actual
belief that he possessed; and

(b) knowledge possessed by a person other than the defendant but not
by the defendant himself may not be attributed to the defendant.

6. For purposes of subdivisions three, four and five of this section,
a single operational upset which leads to simultaneous violations of
more than one pollutant parameter shall be treated as a single
violation.

7. Any person who, with intent to deceive, makes any false material
statement, representation, or certification in any application, record,
report, plan or other document filed or required to be maintained
pursuant to title 7 or 8 of article 17 of this chapter or who
intentionally falsifies, tampers with, or renders inaccurate any
monitoring device or method required to be maintained pursuant to title
7 or 8 or article 17 of this chapter shall be guilty of a class E
felony.

8. a. When a person is convicted of a crime under the provisions of
this section, the sentence of the court shall be as follows:

i. A fine, as set forth in paragraph b of this subdivision;

ii. A sentence of imprisonment, as set forth in paragraph c of this
subdivision; or

iii. Any combination of such fine or imprisonment.

b. Fines. A sentence to pay a fine shall be a sentence to pay an
amount fixed by the court, not exceeding:

i. $750,000 for a class C felony committed by an organization as
defined in section 71-1932 of this title;

ii. $375,000 for a class C felony;

iii. $75,000 per day of continuing violation for a class E felony
defined under subdivision four of this section but in no event less than
$7,500; and $15,000 for a class E felony defined under subdivision seven
of this section;

iv. $37,500 per day of continuing violation for a class A misdemeanor
but in no event less than $3,750.

c. Imprisonment. A sentence of imprisonment shall be a sentence of
imprisonment authorized by article seventy of the penal law.

9. All prosecutions under this section shall be instituted by the
department or the commissioner and shall be conducted by the Attorney
General in the name of the people of the state of New York.

10. In the prosecution of any criminal proceeding under this section
by the Attorney General and, in any proceeding before a grand jury in
connection therewith, the Attorney General shall exercise all the powers
and perform all the duties which the District Attorney would otherwise
be authorized or required to exercise or perform, and in such a
proceeding the District Attorney shall exercise such powers and perform
such duties as are requested of him by the Attorney General.