§ 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 thousand
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
jurisdiction. 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
benefits of a freshwater wetland is occurring or is imminent as a result
of any violation of article twenty-four of this chapter, including but
not limited to (i) activity taking place requiring a permit under
article twenty-four of this chapter but for which no permit has been
granted or (ii) failure on the part of a permittee to adhere to permit
conditions, the commissioner or local government shall have power to
direct the violator to cease and desist from violating the act. In such
cases the violator shall be provided an opportunity to be heard within
ten days of receipt of the notice to cease and desist.

2. Criminal sanctions. Any person who violates any provision of
article 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 thousand nor more than five thousand
dollars; for a second and each subsequent offense he shall be guilty of
a misdemeanor punishable by a fine of not less than four thousand nor
more than ten thousand 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.