Bill Text: NY A08213 | 2023-2024 | General Assembly | Amended


Bill Title: Provides for the disposition of certain fees and penalties; directs such fees to a conservation enforcement account in the state conservation fund.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced) 2024-05-10 - print number 8213b [A08213 Detail]

Download: New_York-2023-A08213-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         8213--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    October 27, 2023
                                       ___________

        Introduced  by  M. of A. KELLES, LEE, EPSTEIN, LEVENBERG, SHIMSKY, SIMON
          -- read once and referred to the Committee on Environmental  Conserva-
          tion  -- recommitted to the Committee on Environmental Conservation in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee

        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:

     1    Section 1. Subdivisions 1 and 2 of section  71-0211  of  the  environ-
     2  mental  conservation  law, subdivision 1 as amended by chapter 60 of the
     3  laws of 1993, subdivision 2 as amended by chapter 460  of  the  laws  of
     4  1991, are amended to read as follows:
     5    1.  Notwithstanding  any  other provisions of law to the contrary, all
     6  fines and penalties collected pursuant to title nineteen of  this  arti-
     7  cle,  except  amounts  required  to  be  paid into the conservation fund
     8  pursuant to subdivision two of section  71-1929  of  such  title;  title
     9  twenty-one  of  this article; title twenty-seven of this article, except
    10  amounts required to be paid  into  the  hazardous  waste  remedial  fund
    11  pursuant  to subdivision two of section 71-2725 of such title; and title
    12  forty-one of this article shall be paid into the [general  fund  to  the
    13  credit of the state purposes account] conservation fund to the credit of
    14  the conservation enforcement account established pursuant to subdivision
    15  (k) of section eighty-three of the state finance law.
    16    2. Unless otherwise provided in this chapter, not later than the tenth
    17  day  of  each  month, all fines, penalties and forfeitures collected for
    18  violations of this chapter or rules, regulations, local  laws  or  ordi-
    19  nances  adopted  thereunder under judgment of any town or village court,
    20  shall be paid over by such court to the comptroller of the state, with a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11358-05-4

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     1  statement accompanying the same, setting forth the action or  proceeding
     2  in  which  such  moneys  were  collected,  the name and residence of the
     3  defendant, the nature of the offense, and the fines and penalty imposed.
     4  The  comptroller  shall  pay  these  funds into the [general fund of the
     5  state] conservation fund to the credit of the  conservation  enforcement
     6  account  established pursuant to subdivision (k) of section eighty-three
     7  of the state finance law.
     8    § 2. Section 83 of the state finance law is amended by  adding  a  new
     9  subdivision (k) to read as follows:
    10    (k)  All  moneys, revenue, and interest thereon received and collected
    11  pursuant to titles nineteen,  twenty-one  and  twenty-seven  of  article
    12  seventy-one  of  the  environmental  conservation  law,  and pursuant to
    13  section 71-0211 of the environmental conservation law, other than  those
    14  amounts  prescribed  by  law  to  be directed into other funds, shall be
    15  deposited in a special account within the conservation fund to be  known
    16  as  the  conservation  enforcement account. All of such moneys, revenues
    17  and interest shall be  available  to  the  department  of  environmental
    18  conservation,  pursuant  to  appropriation,  exclusively for funding the
    19  enforcement of the environmental conservation law, including funding for
    20  scientists, environmental law enforcement officers, attorneys,  adminis-
    21  trative  support,  and such other expenses the commissioner deems neces-
    22  sary for such enforcement. Such money shall be used  to  supplement  and
    23  not  supplant funding for the enforcement of the environmental conserva-
    24  tion law as of the effective date of this subdivision.
    25    § 3. Subdivision 1 of section 71-0213 of the  environmental  conserva-
    26  tion law, as added by section 1 of part DDD of chapter 59 of the laws of
    27  2009, is amended to read as follows:
    28    1.  Whenever  proceedings  result in a conviction for an offense under
    29  this chapter there shall be levied, in addition to any sentence required
    30  or permitted by law, the following  mandatory  surcharges:  (a)  in  the
    31  amount of twenty-five dollars for violations of sportfishing regulations
    32  set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one
    33  hundred twelve dollars and fifty cents for all other offenses under this
    34  chapter  provided, however, that convictions for offenses under articles
    35  seventeen, nineteen or twenty-seven of this chapter shall be subject  to
    36  a mandatory surcharge equal to the greater of [seventy-five dollars] one
    37  hundred  twelve  dollars  and  fifty  cents or [six] nine percent of any
    38  penalty or fine imposed.  The mandatory surcharge shall be paid  to  the
    39  clerk of the court who shall remit such mandatory surcharge to the state
    40  comptroller  provided,  however,  that in cases where the conviction was
    41  rendered by a town or a village justice court, the clerk of  such  court
    42  shall  pay  twenty-five  dollars  of  such surcharge to the chief fiscal
    43  officer of the town or village in the case of surcharges resulting  from
    44  paragraph  (b)  of  this  subdivision  and  ten  dollars  in the case of
    45  surcharges resulting from paragraph (a) of this  subdivision  and  shall
    46  pay  the  remaining  amounts  of  such mandatory surcharges to the state
    47  comptroller in the same manner as provided in section  71-0211  of  this
    48  article.  The  comptroller shall pay such monies into the state treasury
    49  to the [credit of the general fund] conservation fund to the  credit  of
    50  the conservation enforcement account established pursuant to subdivision
    51  (k) of section eighty-three of the state finance law.
    52    § 4. Section 71-0301 of the environmental conservation law, as amended
    53  by chapter 400 of the law of 1973, is amended to read as follows:
    54  § 71-0301. Summary abatement.
    55    Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
    56  commissioner finds, after investigation, that  any  person  is  causing,

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     1  engaging  in  or maintaining a condition or activity which, in [his] the
     2  judgment of the commissioner, presents an imminent danger to the  health
     3  or  welfare  of  the  people  of the state or results in or is likely to
     4  result  in  irreversible or irreparable damage to natural resources, and
     5  relates to the prevention and abatement powers of the  commissioner  and
     6  it therefore appears to be prejudicial to the interests of the people of
     7  the  state  to  delay  action  until an opportunity for a hearing can be
     8  provided, the commissioner may, without prior hearing, order such person
     9  by notice, in writing wherever practicable or in such other form  as  in
    10  the  commissioner's  judgment  will  reasonably notify such person whose
    11  practices are intended to be proscribed, to discontinue, abate or  alle-
    12  viate  such condition or activity, and thereupon such person shall imme-
    13  diately discontinue, abate or alleviate such condition or  activity.  As
    14  promptly as possible thereafter, not to exceed fifteen days, the commis-
    15  sioner  shall provide the person an opportunity to be heard and to pres-
    16  ent  proof  that  such  condition  or  activity  does  not  violate  the
    17  provisions  of  this  section.    The commissioner shall adopt any other
    18  appropriate rules  and  regulations  prescribing  the  procedure  to  be
    19  followed  in the issuance of such orders. Any person who violates any of
    20  the provisions of, or who fails to perform  any  duty  imposed  by  this
    21  section, or any rule, regulation or order promulgated by the commission-
    22  er hereunder, shall be liable to a civil penalty of not more than [twen-
    23  ty-five  hundred]  three  thousand  seven hundred fifty dollars for each
    24  such violation and an additional penalty of not more than  [five]  seven
    25  hundred  fifty  dollars for each day during which such violation contin-
    26  ues, and, in addition thereto, such person may be enjoined from continu-
    27  ing such violation. Penalties  and  injunctive  relief  provided  herein
    28  shall be recoverable in an action brought by the attorney general at the
    29  request and in the name of the commissioner.
    30    §  5.  Subdivisions  3  and  4 of section 71-0507 of the environmental
    31  conservation law, subdivision 3 as amended by chapter 400 of the laws of
    32  1973, are amended to read as follows:
    33    3. Moneys received by a town justice  or  a  village  justice  in  any
    34  action for a penalty brought under the provisions of this chapter listed
    35  in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
    36  the  settlement  or compromise thereof, or a fine for a violation of the
    37  provisions of this chapter  listed  in  section  71-0501  and  titles  5
    38  through  15  inclusive and title 33 of this article shall be paid to the
    39  State Comptroller as provided in section 27 of the Town Law and  section
    40  4-410  of  the village law. From the moneys so received, the State Comp-
    41  troller shall pay all lawful fees for services rendered in such  actions
    42  when  instituted  by  order  of  the department or upon information of a
    43  conservation officer, regional and assistant regional conservation offi-
    44  cer, special game protector, district ranger, forest ranger,  or  member
    45  of  the  state police. The balance of such moneys arising from penalties
    46  under articles 11 or 13 or title 9 of this article or upon  the  settle-
    47  ment  or  compromise  thereof or from fines for violations of any of the
    48  provisions of articles 11 or 13 or title 9 of  this  article  after  the
    49  payment  of  lawful  fees  shall  be  credited by the Comptroller to the
    50  conservation fund. The Comptroller shall adjust and settle  [his]  their
    51  account  with  the  conservation  fund in the manner provided by section
    52  99-a of the State Finance Law. The balance  of  all  other  such  moneys
    53  after payment of lawful fees shall be credited by the Comptroller to the
    54  [general  fund]  conservation  fund  to  the  credit of the conservation
    55  enforcement account established pursuant to subdivision (k)  of  section
    56  eighty-three of the state finance law.

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     1    4. All moneys received by any other person or court in an action for a
     2  penalty  brought  under the provisions of this chapter listed in section
     3  71-0501 and titles 5 through 15 inclusive and title 33 of  this  article
     4  or  upon the settlement or compromise thereof, or a fine for a violation
     5  of the provisions of this chapter listed in section 71-0501 and titles 5
     6  through 15 inclusive and title 33 of this article, shall be paid by such
     7  person or court to the department within thirty days after receipt ther-
     8  eof.  The department shall pay the expenses of collection and the lawful
     9  fees of magistrates and constables for services  performed  in  criminal
    10  actions brought upon information of a conservation officer, regional and
    11  assistant   regional   conservation  officer,  special  game  protector,
    12  district ranger, forest ranger, or member  of  the  state  police.  Such
    13  moneys  derived from fines or penalties for violations of articles 11 or
    14  13 or title 9 of this article or from the settlement or compromise ther-
    15  eof shall be paid by the department to the Commissioner of Taxation  and
    16  Finance  and  credited  to  the  conservation  fund. All other moneys so
    17  received by the department shall be paid to the Commissioner of Taxation
    18  and Finance and credited to the [general fund] conservation fund to  the
    19  credit  of  the conservation enforcement account established pursuant to
    20  subdivision (k) of section eighty-three of the state finance law.
    21    § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
    22  mental conservation law, subdivisions 1, 2 and 6 as amended  by  chapter
    23  602  of  the  laws of 2003, subdivision 9 as added by chapter 267 of the
    24  laws of 2012 and subdivision 10 as added by chapter 330 of the  laws  of
    25  2014, are amended to read as follows:
    26    1.  Except  as  otherwise provided in subdivision 4, 5, 6 or 7 of this
    27  section, any person who violates any  provision  of  article  9  or  the
    28  rules,  regulations  or orders promulgated pursuant thereto or the terms
    29  of any permit issued thereunder,  or  who  fails  to  perform  any  duty
    30  imposed  by  any  provision thereof shall be guilty of a violation, and,
    31  upon conviction, shall be punished by a  fine  of  not  more  than  [two
    32  hundred  fifty]  three  hundred seventy-five dollars, or by imprisonment
    33  for not more than fifteen days, or by both such fine  and  imprisonment,
    34  and  in  addition thereto shall be liable to a civil penalty of not less
    35  than ten nor more than one hundred fifty dollars.
    36    2. The violation of any of the provisions of  the  following  sections
    37  shall subject the person guilty thereof to the following civil penalties
    38  in  addition  to  the  liability  prescribed  in  subdivision  1 of this
    39  section:
    40    a. Section 9-1113 of this chapter, [two] three dollars per tree;
    41    b. Subdivision 3 of section  9-1105  of  this  chapter,  [twenty-five]
    42  thirty-seven dollars and fifty cents per day;
    43    c.  Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
    44  of section 9-1117 of this chapter, [ten] fifteen dollars  per  mile  per
    45  day;
    46    d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile;
    47    e.  Subdivision 2 of section 9-1117 of this chapter, one hundred fifty
    48  dollars per each offense; and
    49    f. Section 9-1119 of this chapter, one hundred fifty dollars  per  day
    50  per locomotive.
    51    With  respect to the penalty for violation of subdivision 4 of section
    52  9-1105 of this chapter, the owner  and  every  person  engaged  in  such
    53  cutting  shall  be  liable  therefor; however, the liability for penalty
    54  shall not arise until the  expiration  of  twenty  days  after  service,
    55  personally  or  by  mail  upon  the alleged violator at [his] their last

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     1  known place of residence of a written notice of failure to  comply  with
     2  the requirements of subdivision 4 of section 9-1105 of this chapter.
     3    6.  (a)  In  addition to any other penalty provided by law, any person
     4  who violates subdivision 1 of section 9-0303 of this  chapter  shall  be
     5  liable  to a civil penalty of [two hundred fifty] three hundred seventy-
     6  five dollars per tree or treble damages, based on the stumpage value  of
     7  such  tree or both. Where the order or decision finds that the defendant
     8  established by clear and convincing evidence, that when  such  defendant
     9  committed  the violation, [he or she] they had cause to believe that the
    10  land was [his or her] their own, or that [he or she] such defendant  had
    11  an  easement  or  right  of  way  across  such land which permitted such
    12  action, damages shall be awarded on the basis of the stumpage  value  of
    13  such  tree  or  trees  in  the  market  as if they were privately owned.
    14  Notwithstanding the foregoing, this section shall not  be  construed  to
    15  authorize  the  cutting  of timber or removal of trees where such action
    16  would otherwise be violative of any provision of the state  constitution
    17  or law.
    18    (b)  In  addition  to  any other penalty provided by law, a person who
    19  violates section 9-1501 of this chapter shall  be  liable  for  a  civil
    20  penalty  of  [two  hundred fifty] three hundred seventy-five dollars per
    21  tree or treble damages or both, based on the stumpage value of such tree
    22  or trees. Where the order or decision finds that  the  defendant  estab-
    23  lished  by  clear  and  convincing  evidence,  that  when such defendant
    24  committed the violation, [he or she] they had cause to believe that  the
    25  land  was  [his or her] their own or that [he or she] such defendant had
    26  an easement or right of  way  across  such  land  which  permitted  such
    27  action,  damages  shall be awarded on the basis of the stumpage value of
    28  such tree or trees. Notwithstanding the foregoing,  this  section  shall
    29  not  be construed to authorize the cutting of timber or removal of trees
    30  where such action would otherwise be violative of any provision  of  the
    31  state constitution or law.
    32    (c)  For purposes of this subdivision, "stumpage value" shall mean the
    33  current fair market value of a tree as it stands prior to  the  time  of
    34  sale,  cutting, or removal. Stumpage value shall be determined by one or
    35  more of the following methods: the sale price of the tree in  an  arm's-
    36  length  sale,  a  review  of  solicited  bids, the stumpage price report
    37  prepared by the department  of  environmental  conservation,  comparison
    38  with like sales on trees on state or private lands, or other appropriate
    39  means  to  assure  that  a  fair  market  value is established within an
    40  acceptable range based on the appropriate geographic area.
    41    9. a. Any person who transports, sells, imports or introduces invasive
    42  species, in violation of the regulations promulgated pursuant to section
    43  9-1709 of this chapter shall be subject to the following:
    44    For any first violation in lieu of a penalty there  may  be  issued  a
    45  written warning by the department and there may also be issued education
    46  materials  at  the  discretion  of the department regarding requirements
    47  related to invasive species. Such person shall, however, for any  subse-
    48  quent  violation  thereafter  be  subject to a fine of no less than [two
    49  hundred fifty] three hundred seventy-five dollars.
    50    b. Any nursery grower licensed pursuant to  article  fourteen  of  the
    51  agriculture  and  markets  law, any person who owns or operates a public
    52  vessel as such term is defined in paragraph (a) of  subdivision  six  of
    53  section  two of the navigation law, or any person who owns or operates a
    54  commercial fishing vessel who transports, sells, imports  or  introduces
    55  invasive species in violation of the regulations promulgated pursuant to
    56  section  9-1709  of this chapter, shall be subject to a fine of not less

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     1  than [six] nine hundred dollars upon the first penalty. Upon the  second
     2  penalty  such  person  shall be subject to a fine of not less than [two]
     3  three thousand dollars. Upon a subsequent penalty and after a hearing or
     4  opportunity  to  be  heard  upon  due notice the following penalties may
     5  apply: (i) such nursery grower may be subject to the  revocation  proce-
     6  dures  of  section  one  hundred  sixty-three-c  of  the agriculture and
     7  markets law (ii) such person's vessel registration may be  suspended  or
     8  (iii) such person's fishing permit may be revoked by the department.
     9    10.  Any  person  who violates section 9-1710 of this chapter shall be
    10  guilty of a violation and shall be punishable  and  liable  to  a  civil
    11  penalty as provided in subdivision one of this section, provided, howev-
    12  er,  that  for  any  first violation in lieu of a penalty there shall be
    13  issued a written warning by the  department  and  there  shall  also  be
    14  issued education materials at the discretion of the department regarding
    15  requirements  related  to invasive species. Such person shall be subject
    16  to a fine of up to [one hundred fifty]  two hundred seventy-five dollars
    17  for a second offense, up to [two hundred fifty] three  hundred  seventy-
    18  five  dollars  for a third offense, and no less than [two hundred fifty]
    19  three hundred seventy-five dollars nor more  than  [one  thousand]  five
    20  hundred dollars for a fourth or subsequent offense.
    21    §  7. Section 71-0707 of the environmental conservation law is amended
    22  to read as follows:
    23  § 71-0707. Resisting or obstructing departmental agent or employee.
    24    Any person who resists or obstructs an authorized agent or employee of
    25  the department while [he] such agent or employee is engaged in  carrying
    26  out any provision of section 9-0305 shall be guilty of a violation which
    27  shall  be  punishable  by a fine not exceeding one hundred fifty dollars
    28  and by an additional fine [of] not exceeding [twenty-five]  thirty-seven
    29  dollars  and  fifty  cents for each additional day of such resistance or
    30  obstruction.
    31    § 8. Section 71-0709 of the environmental conservation law, as amended
    32  by chapter 640 of the laws of 1977, is amended to read as follows:
    33  § 71-0709. Injury to state lands.
    34    Any person who intentionally or negligently causes a fire which  burns
    35  on  or  over state lands shall be liable to the state for treble damages
    36  and, in addition, to a civil penalty of [ten] fifteen dollars for  every
    37  tree killed or destroyed by such fire. Damages to state lands and timber
    38  shall be ascertained and determined at the same rate of value as if such
    39  property were privately owned.
    40    § 9. Section 71-0711 of the environmental conservation law, as amended
    41  by chapter 640 of the laws of 1977, is amended to read as follows:
    42  § 71-0711. Injury to municipal or private lands.
    43    Any person who causes a fire which burns on or over lands belonging to
    44  another person or to a municipality shall be liable to the party injured
    45  (a) for actual damages in case of fire negligently caused or (b) for the
    46  higher  of actual damages or damages at the rate of [five] seven dollars
    47  and fifty cents for each tree  killed  or  destroyed  in  case  of  fire
    48  wilfully caused.
    49    §  10.  Section  71-1105  of  the  environmental  conservation law, as
    50  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
    51  follows:
    52  § 71-1105. Enforcement of subdivision 4 of section 15-0313.
    53    Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
    54  violation, punishable by a fine of not more than  [one  thousand  eight]
    55  two  thousand seven hundred dollars, and in addition thereto, by a civil

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     1  penalty of not more than [one thousand eight] two thousand seven hundred
     2  dollars.
     3    §  11.  Section  71-1107  of  the  environmental  conservation law, as
     4  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
     5  follows:
     6  § 71-1107. Punishment for violations of title 5 of article 15.
     7    1.  A  violation of section 15-0501, 15-0503 or 15-0505, shall consti-
     8  tute a misdemeanor, punishable by a fine of not to exceed [ten]  fifteen
     9  thousand  dollars,  or by imprisonment not to exceed one year or by both
    10  such fine and imprisonment and, in addition thereto, by a civil  penalty
    11  of not more than [five thousand] seven thousand five hundred dollars.
    12    2.  A subcontractor, employee or agent of such person or public corpo-
    13  ration, or of a state department who knowingly and  intentionally  acts,
    14  or  a  prime  contractor  of  such  person,  public corporation or state
    15  department who  acts  with  or  without  an  intention  to  violate  the
    16  provisions  of  title  5  of  article 15, in disregard of specifications
    17  provided in a construction contract protecting  against  stream  damage,
    18  shall  be  guilty  of  a violation punishable by a fine of not less than
    19  [twenty-five] thirty-seven dollars and fifty cents, nor more  than  [two
    20  hundred  fifty]  three  hundred seventy-five dollars, or by imprisonment
    21  for not more than fifteen days, or by both such fine  and  imprisonment,
    22  and,  in  addition,  thereto,  by a civil penalty of not more than [five
    23  thousand] seven thousand five hundred dollars.
    24    § 12. Section  71-1109  of  the  environmental  conservation  law,  as
    25  amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
    26  follows:
    27  § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
    28    1. Any owner violating subdivision 1 of section 15-0507 or  any  regu-
    29  lations  promulgated pursuant thereto may be liable for a penalty not to
    30  exceed [five] seven hundred fifty dollars for each  and  every  offense;
    31  every  violation  of  such  subdivision shall be a separate and distinct
    32  offense; and in case of a continuing violation, every day's  continuance
    33  thereof shall be deemed a separate and distinct offense.
    34    2.  Any owner violating subdivision 4 of section 15-0507 may be liable
    35  for a penalty not to exceed [five thousand] seven thousand five  hundred
    36  dollars for each and every offense; every violation of an order referred
    37  to  in such subdivision shall be a separate and distinct offense; and in
    38  case of a continuing violation, every day's continuance thereof shall be
    39  deemed a separate and distinct offense.
    40    § 13. Section  71-1111  of  the  environmental  conservation  law,  as
    41  amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
    42  follows:
    43  § 71-1111. Enforcement of subdivision 3 of section 15-0511.
    44    Any person or local public  corporation  violating  subdivision  3  of
    45  section  15-0511  may  be liable for a penalty not to exceed [five thou-
    46  sand] seven thousand five hundred dollars for each  and  every  offense;
    47  every  violation  of an order referred to in such subdivision shall be a
    48  separate and distinct offense; and in case of  a  continuing  violation,
    49  every  day's continuance thereof shall be deemed a separate and distinct
    50  offense.
    51    § 14. Subdivision 2 of section 71-1113 of the environmental  conserva-
    52  tion  law,  as  added  by chapter 356 of the laws of 1985, is amended to
    53  read as follows:
    54    2. Any person who violates the provisions of section 15-1506  of  this
    55  chapter  or  the  rules,  regulations,  orders  or determinations of the
    56  commissioner promulgated thereto or the terms of any permit issued ther-

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     1  eunder, shall be liable for a civil penalty not less than  [twenty-five]
     2  three  thousand  seven hundred fifty dollars nor more than [ten] fifteen
     3  thousand dollars per day of such violation.
     4    §  15.  Section  71-1115  of  the  environmental  conservation law, as
     5  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
     6  follows:
     7  § 71-1115. Enforcement of section 15-1525.
     8    Any person violating the provisions of section 15-1525 shall be guilty
     9  of  a  violation punishable by a fine of not more than one thousand five
    10  hundred dollars, and in addition thereto, shall be liable  for  a  civil
    11  penalty  of  not  more  than  [fifteen hundred] two thousand two hundred
    12  fifty dollars.
    13    § 16. Subdivisions 1 and 2 of section  71-1117  of  the  environmental
    14  conservation  law,  as  amended  by chapter 640 of the laws of 1977, are
    15  amended to read as follows:
    16    1. Any person or public corporation violating subdivision 1 of section
    17  15-1745, shall be guilty of a violation punishable by a fine of not more
    18  than [five thousand] seven thousand five hundred dollars.
    19    2. In addition, the department may, in an action instituted by  it  in
    20  any  court  of  competent  jurisdiction, recover from any such person or
    21  public corporation the sum of [one hundred fifty]  two  hundred  twenty-
    22  five dollars per day for each day that such person or public corporation
    23  continues  to  take,  draw, divert or make use of any part or portion of
    24  such waters.
    25    § 17. Section  71-1121  of  the  environmental  conservation  law,  as
    26  amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
    27  follows:
    28  § 71-1121. Enforcement of subdivision 2 of section 15-1947.
    29    Violation of subdivision 2  of  section  15-1947  shall  constitute  a
    30  violation,  punishable  by  a  fine  of  not more than one thousand five
    31  hundred dollars, and in addition thereto, a civil penalty  of  not  more
    32  than [fifteen hundred] two thousand two hundred fifty dollars.
    33    §  18.  Section  71-1123  of  the  environmental  conservation law, as
    34  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
    35  follows:
    36  § 71-1123. Enforcement of section 15-2133.
    37    1.  Any neglect of the provisions of section 15-2133 by any officer or
    38  person in charge of any reservoir shall be a violation punishable  by  a
    39  fine of not more than one thousand five hundred dollars, and in addition
    40  thereto, by a civil penalty of not more than [fifteen hundred] two thou-
    41  sand two hundred fifty dollars.
    42    2.  Any  person  violating  the provisions of subdivision 3 of section
    43  15-2133 shall be guilty of a violation punishable by a fine of not  more
    44  than  one  thousand five hundred dollars, and in addition thereto, shall
    45  be liable for a civil penalty of not more  than  [fifteen  hundred]  two
    46  thousand two hundred fifty dollars.
    47    §  19.  Section  71-1125  of  the  environmental  conservation law, as
    48  amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
    49  follows:
    50  § 71-1125. Enforcement of section 15-2315.
    51    Any  person  who  violates  the  provisions  of  the first sentence of
    52  section 15-2315 shall be guilty of a violation punishable by a  fine  of
    53  not  more than one thousand five hundred dollars, and in addition there-
    54  to, shall be liable for a  civil  penalty  of  not  more  than  [fifteen
    55  hundred] two thousand two hundred fifty dollars.

        A. 8213--B                          9

     1    §  20. Subdivision 1 of section 71-1127 of the environmental conserva-
     2  tion law, as amended by chapter 401 of the laws of 2011, is  amended  to
     3  read as follows:
     4    1.  Any  person who violates any of the provisions of, or who fails to
     5  perform any duty imposed by article 15 except section  15-1713,  or  who
     6  violates or who fails to comply with any rule, regulation, determination
     7  or  order of the department heretofore or hereafter promulgated pursuant
     8  to article 15 except section 15-1713,  or  any  condition  of  a  permit
     9  issued  pursuant  to article 15 of this chapter, or any determination or
    10  order of the former water resources commission or the department hereto-
    11  fore promulgated pursuant to former article 5 of the  Conservation  Law,
    12  shall be liable for a civil penalty of not more than [two thousand five]
    13  three  thousand  seven  hundred  fifty dollars for such violation and an
    14  additional civil penalty of not more than  [five]  seven  hundred  fifty
    15  dollars  for  each  day  during  which such violation continues, and, in
    16  addition thereto, such person  may  be  enjoined  from  continuing  such
    17  violation as otherwise provided in article 15 except section 15-1713.
    18    §  21. Section 71-1131 of the environmental conservation law, as added
    19  by chapter 640 of the laws of 1977, is amended to read as follows:
    20  § 71-1131. Violations; criminal liability.
    21    Except as otherwise specifically provided, any person who violates any
    22  of the provisions of article 15 of this chapter, or any rule, regulation
    23  or order promulgated pursuant thereto, or the terms of any permit issued
    24  thereunder shall be guilty of a violation punishable by a  fine  of  not
    25  more than [five] seven hundred fifty dollars.
    26    §  22. Section 71-1203 of the environmental conservation law, as added
    27  by chapter 384 of the laws of 1983, is amended to read as follows:
    28  § 71-1203. Penalties.
    29    Any person who violates the provisions of article twenty-two  of  this
    30  chapter  shall be subject to a civil penalty not to exceed [ten] fifteen
    31  thousand dollars for each day  during  which  such  violation  occurred;
    32  provided, however, that the total penalty to be imposed shall not exceed
    33  one million five hundred thousand dollars.
    34    §  23.  Subdivisions  1  and 3 of section 71-1307 of the environmental
    35  conservation law, as amended by chapter 99 of  the  laws  of  2010,  are
    36  amended to read as follows:
    37    1.  Administrative sanctions. Any person who violates any provision of
    38  article 23 of this chapter or commits any offense described  in  section
    39  71-1305  of  this title shall be liable to the people of the state for a
    40  civil penalty not to exceed [eight] twelve thousand dollars and an addi-
    41  tional penalty of [two] three thousand dollars for each day during which
    42  such violation continues, to be assessed by  the  commissioner  after  a
    43  hearing  or  opportunity  to  be  heard. The commissioner, acting by the
    44  attorney general, may bring suit for collection of such  assessed  civil
    45  penalty  in  any court of competent jurisdiction. Such civil penalty may
    46  be released or compromised by the commissioner  before  the  matter  has
    47  been  referred  to  the attorney general; and where such matter has been
    48  referred to the attorney general, any such penalty may  be  released  or
    49  compromised  and any action commenced to recover the same may be settled
    50  and discontinued by the attorney general with the consent of the commis-
    51  sioner. In addition, the commissioner shall have the power, following  a
    52  hearing  conducted  pursuant  to  rules  and  regulations adopted by the
    53  department, to direct the violator to cease the  violation  and  reclaim
    54  and  repair  the  affected site to a condition acceptable to the commis-
    55  sioner, to the extent possible within a reasonable time  and  under  the
    56  direction  and  supervision  of  the commissioner. Any such order of the

        A. 8213--B                         10

     1  commissioner shall be enforceable in any action brought by  the  commis-
     2  sioner  in  any  court  of  competent jurisdiction. Any civil penalty or
     3  order issued by the commissioner under this subdivision shall be review-
     4  able  in  a proceeding under article seventy-eight of the civil practice
     5  law and rules.
     6    3. Criminal sanctions. Any person who,  having  any  of  the  culpable
     7  mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
     8  violates any provision of article 23 of  this  chapter  or  commits  any
     9  offense  described in section 71-1305 of this title shall be guilty of a
    10  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
    11  not  to  exceed  one  thousand  five hundred dollars for each day during
    12  which such violation continues or by imprisonment for a term of not more
    13  than one year, or by both such fine and imprisonment. If the  conviction
    14  is  for  a subsequent offense committed after a first conviction of such
    15  person under this subdivision, punishment shall be  by  a  fine  not  to
    16  exceed  [eight]  twelve  thousand dollars for each day during which such
    17  violation continues or by imprisonment for a term of not more  than  one
    18  year, or by both such fine and imprisonment.
    19    §  24. Subdivision 1 of section 71-1707 of the environmental conserva-
    20  tion law is amended to read as follows:
    21    1. Any person  who  violates,  disobeys  or  disregards  any  term  or
    22  provision  of  this  chapter  listed in section 71-1701, or of titles 17
    23  through 21 inclusive of this article or of any lawful notice,  order  or
    24  regulation  pursuant  thereto for which a civil penalty is not otherwise
    25  expressly prescribed by law, shall be liable to the people of the  state
    26  for  a  civil penalty of not to exceed one thousand five hundred dollars
    27  for every such violation.
    28    § 25. Section 71-1711 of the environmental conservation law is amended
    29  to read as follows:
    30  § 71-1711. Willful violation of health laws.
    31    1. A person who willfully violates or refuses or omits to comply  with
    32  any  lawful  order or regulation prescribed by any local board of health
    33  or local health officer, is guilty of a  misdemeanor;  except,  however,
    34  that  where such order or regulation applies to a tenant with respect to
    35  [his] such tenant's own dwelling unit or to an owner occupied one or two
    36  family dwelling, such person is guilty  of  an  offense  for  the  first
    37  violation  punishable  by  a  fine  not  to  exceed [fifty] seventy-five
    38  dollars and for a second or subsequent violation is guilty of  a  misde-
    39  meanor  punishable  by  a  fine not to exceed [five] seven hundred fifty
    40  dollars or by imprisonment not to exceed six months or by both such fine
    41  and imprisonment.
    42    2. A person who willfully violates any provision of this chapter list-
    43  ed in section 71-1701, or of titles 17  through  21  inclusive  of  this
    44  article,  or  any  regulation lawfully made or established by any public
    45  officer or board under authority of such provisions, the punishment  for
    46  violating  which  is  not otherwise prescribed by such provisions or any
    47  other law, is punishable by imprisonment not exceeding one year, or by a
    48  fine not exceeding [two] three thousand dollars or by both.
    49    § 26. Section  71-1725  of  the  environmental  conservation  law,  as
    50  amended  by  chapter  400  of  the  laws  of 1973, is amended to read as
    51  follows:
    52  § 71-1725. Assessment of Penalties.
    53    The commissioner may assess any penalty prescribed for a violation  of
    54  or  a  failure  to  comply with any provision contained in this title or
    55  listed in section 71-1701, or any lawful  notice,  order  or  regulation
    56  prescribed  by  the  commissioner under any such provision, one thousand

        A. 8213--B                         11

     1  five hundred dollars for every such violation or failure, which  penalty
     2  may be assessed after a hearing or an opportunity to be heard.
     3    § 27. Section 71-1905 of the environmental conservation law is amended
     4  to read as follows:
     5  § 71-1905. Enforcement of section 17-1705.
     6    Any person violating any provision of section 17-1705 shall forfeit to
     7  the  county where the violation occurred the sum of [fifty] seventy-five
     8  dollars for every such violation.
     9    § 28. Subdivision 1 of section 71-1907 of the environmental  conserva-
    10  tion law is amended to read as follows:
    11    1.  Every  person  violating  any  provision  of section 17-1707 shall
    12  forfeit to the municipality having a local board  of  health  where  the
    13  violation occurs the sum of [twenty-five] thirty-seven dollars and fifty
    14  cents  for  the first day when the violation takes place, and the sum of
    15  [ten] fifteen dollars for every subsequent day that  such  violation  is
    16  repeated or continued.
    17    §  29. Subdivision 2 of section 71-1909 of the environmental conserva-
    18  tion law, as amended by section 35 of part C of chapter 62 of  the  laws
    19  of 2003, is amended to read as follows:
    20    2.  Any  person  violating  any  provision of section 17-1709 shall be
    21  guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
    22  [seven hundred fifty] one thousand one hundred twenty-five dollars or by
    23  imprisonment  for not more than one year or by both such fine and impri-
    24  sonment.
    25    § 30. Section  71-1911  of  the  environmental  conservation  law,  as
    26  amended  by  section  36 of part C of chapter 62 of the laws of 2003, is
    27  amended to read as follows:
    28  §  71-1911. Enforcement of section 17-1711.
    29    Any person violating any provision of section 17-1711 shall be  guilty
    30  of  an offense, and punishable by a fine of not more than [seventy-five]
    31  one hundred twelve dollars and fifty cents.
    32    § 31. Subdivision 2 of section 71-1913 of the environmental  conserva-
    33  tion law is amended to read as follows:
    34    2.  Any  person  violating  any  provision of section 17-1713 shall be
    35  guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
    36  [five]  seven hundred fifty dollars or by imprisonment for not more than
    37  one year or by both such fine and imprisonment.
    38    § 32. Subdivision 1 of section 71-1915 of the environmental  conserva-
    39  tion law is amended to read as follows:
    40    1.  Any  person  violating  any  provision of section 17-1715 shall be
    41  guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
    42  [five]  seven hundred fifty dollars or by imprisonment for not more than
    43  one year or by both such fine and imprisonment.
    44    § 33. Subdivision 1 of section 71-1921 of the environmental  conserva-
    45  tion law is amended to read as follows:
    46    1.  Any  person  putting  in or constructing or maintaining a conduit,
    47  discharge pipe or other means of discharging or casting  any  refuse  or
    48  waste matter in violation of section 17-1729 shall forfeit to the people
    49  of the state [five] seven dollars and fifty cents a day for each day the
    50  same  is  used  or  maintained  for  such purpose, to be collected in an
    51  action brought by the commissioner.
    52    § 34. Subdivision 1 of section 71-1929 of the environmental  conserva-
    53  tion  law,  as amended by section 37 of part C of chapter 62 of the laws
    54  of 2003, is amended to read as follows:
    55    1. A person who violates any of the provisions of,  or  who  fails  to
    56  perform  any  duty imposed by titles 1 through 11 inclusive and title 19

        A. 8213--B                         12

     1  of article 17, or the rules, regulations, orders  or  determinations  of
     2  the  commissioner  promulgated thereto or the terms of any permit issued
     3  thereunder, shall be liable to a penalty of not to exceed  [thirty-seven
     4  thousand  five hundred] fifty-six thousand two hundred fifty dollars per
     5  day for each violation, and, in addition thereto,  such  person  may  be
     6  enjoined   from  continuing  such  violation  as  hereinafter  provided.
     7  Violation of a permit condition shall constitute grounds for  revocation
     8  of  such permit, which revocation may be accomplished either as provided
     9  in paragraph f of subdivision 4 of section 17-0303 or by order of  judg-
    10  ment of the supreme court as an alternate or additional civil penalty in
    11  an action brought pursuant to subdivision 3 of this section.
    12    § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
    13  of  subdivision  8  of section 71-1933 of the environmental conservation
    14  law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
    15  and iv of paragraph b of subdivision 8 as amended by section 39 of  part
    16  C of chapter 62 of the laws of 2003, are amended to read as follows:
    17    1. Any person who, having any of the culpable mental states defined in
    18  section  15.05  of the penal law, shall violate any of the provisions of
    19  titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
    20  regulations,  orders  or  determinations of the commissioner promulgated
    21  thereto, or the terms of any permit issued thereunder, shall  be  guilty
    22  of  a  misdemeanor  and, upon conviction thereof, shall be punished by a
    23  fine of not less than [three thousand seven hundred fifty] five thousand
    24  six hundred twenty-five dollars nor  more  than  [thirty-seven  thousand
    25  five  hundred]  fifty-six  thousand two hundred fifty dollars per day of
    26  violation or by imprisonment for a term of not more than one year, or by
    27  both such fine and imprisonment. If the conviction  is  for  an  offense
    28  committed  after  a  first conviction of such person under this subdivi-
    29  sion, punishment shall be by a fine of not more than [seventy-five thou-
    30  sand] one hundred twelve  thousand  five  hundred  dollars  per  day  of
    31  violation, or by imprisonment for not more than two years, or by both.
    32    i.  [$750,000]  $1,125,000 for a class C felony committed by an organ-
    33  ization as defined in section 71-1932 of this title;
    34    ii. [$375,000] $562,500 for a class C felony;
    35    iii. [$75,000] $112,500 per day of continuing violation for a class  E
    36  felony  defined  under  subdivision four of this section but in no event
    37  less than [$7,500] $11,250; and [$15,000] $22,500 for a class  E  felony
    38  defined under subdivision seven of this section;
    39    iv.  [$37,500]  $56,250  per day of continuing violation for a class A
    40  misdemeanor but in no event less than [$3,750] $5,625.
    41    § 36. Paragraph b of subdivision 3 of section 71-1939 of the  environ-
    42  mental conservation law, as added by chapter 543 of the laws of 2010, is
    43  amended to read as follows:
    44    b.  All  fines  and  penalties  collected pursuant to this subdivision
    45  shall be paid to the district or county, provided,  however,  that  one-
    46  quarter  of  such  fines  and  penalties  received  shall be paid to the
    47  [general fund to the credit of the state purposes account]  conservation
    48  fund  to  the credit of the conservation enforcement account established
    49  pursuant to subdivision (k) of section eighty-three of the state finance
    50  law.
    51    § 37. Subdivision 1 of section 71-1941 of the environmental  conserva-
    52  tion  law,  as amended by section 40 of part C of chapter 62 of the laws
    53  of 2003, is amended to read as follows:
    54    1. Except where the owner of or a person  in  actual  or  constructive
    55  possession  or control of more than one thousand one hundred gallons, in
    56  bulk, of any liquid including petroleum which,  if  released,  would  or

        A. 8213--B                         13

     1  would  be  likely  to pollute the lands or waters of the state including
     2  the groundwaters thereof can prove that the entry  or  presence  of  any
     3  part of such liquid onto such lands or into or in such waters causing or
     4  contributing  to  a  condition therein in contravention of the standards
     5  adopted or deemed adopted by the water pollution control board or any of
     6  its legal successors was caused solely by (A) an act of God, (B) an  act
     7  of  war,  (C)  negligence  on  the part of the United States or New York
     8  State Government or (D) an act or omission  of  a  third  party  without
     9  regard  to whether any such act or omission was or was not negligent, or
    10  any combination of the foregoing clauses, such owner or person shall  be
    11  liable  for  a  penalty  of  not more than [three thousand seven hundred
    12  fifty] five thousand six hundred  twenty-five  dollars  for  an  initial
    13  incident resulting in or contributing to such a contravention and for an
    14  additional  penalty not to exceed [seven hundred fifty] one thousand one
    15  hundred twenty-five dollars for each day during which such contravention
    16  or contribution thereto continues, and in addition shall  be  liable  to
    17  the  people of the state of New York for the actual costs incurred by or
    18  on behalf of the people of the state for the removal  or  neutralization
    19  of  such  liquid  and  for  any  and  all  reasonable  measures taken or
    20  attempted to reduce, limit or diminish the  extent  or  effect  of  such
    21  contravention.
    22    §  38.  Section  71-1943  of  the  environmental  conservation law, as
    23  amended by section 41 of part C of chapter 62 of the laws  of  2003,  is
    24  amended to read as follows:
    25  § 71-1943. Enforcement of section 17-1743.
    26    Any  person  who  fails  to  so notify the department of such release,
    27  discharge or spill into the waters of the state as described in  section
    28  17-1743  of  this chapter shall, upon conviction, be fined not more than
    29  [three thousand seven hundred fifty] five thousand six  hundred  twenty-
    30  five dollars or imprisoned for not more than one year, or both.
    31    §  39. Section 71-1945 of the environmental conservation law, as added
    32  by chapter 205 of the laws of 2010, is amended to read as follows:
    33  § 71-1945. Enforcement of title 21 of article 17.
    34    1. Except as otherwise  provided  in  this  section,  any  person  who
    35  violates  any provision of title 21 of article 17 of this chapter or any
    36  rule, regulation or order issued  thereunder  shall  be  liable  to  the
    37  people  of  the  state  for  a  civil penalty not to exceed [five] seven
    38  hundred fifty dollars for a first violation, and not to exceed one thou-
    39  sand five hundred dollars for each subsequent violation, to be  assessed
    40  by the commissioner after a hearing or opportunity to be heard.
    41    2. Any owner or owner's agent, or occupant of a household who violates
    42  any  provision  of  title  21 of article 17 of this chapter or any rule,
    43  regulation or order issued thereunder shall, for a  first  violation  be
    44  issued  a  written warning and be provided educational materials. Upon a
    45  second violation, the owner or owner's agent, or occupant of a household
    46  shall be liable to the people of the state for a civil  penalty  not  to
    47  exceed  one  hundred  fifty  dollars,  and for any subsequent violations
    48  shall be liable to the people of the state for a civil  penalty  not  to
    49  exceed  [two  hundred fifty] three hundred twenty-five dollars. No owner
    50  or owner's agent of a household shall be held liable for  any  violation
    51  by an occupant. Such penalties may be assessed by the commissioner after
    52  a hearing or opportunity to be heard.
    53    §  40. Subdivision 1 of section 71-2103 of the environmental conserva-
    54  tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
    55  read as follows:

        A. 8213--B                         14

     1    1.  Except as provided in section 71-2113, any person who violates any
     2  provision of article nineteen or any code, rule or regulation which  was
     3  promulgated  pursuant  thereto;  or  any order except an order directing
     4  such person to pay a penalty by a specified date issued by  the  commis-
     5  sioner  pursuant  thereto,  shall  be  liable,  in  the  case of a first
     6  violation, for a penalty  not  less  than  [five]  seven  hundred  fifty
     7  dollars  nor more than [eighteen] twenty-seven thousand dollars for said
     8  violation and an additional penalty of not to exceed [fifteen  thousand]
     9  twenty  thousand  five  hundred  dollars  for each day during which such
    10  violation continues. In the case of a second or any  further  violation,
    11  the  liability shall be for a penalty not to exceed [twenty-six] thirty-
    12  nine thousand dollars for said violation and an additional  penalty  not
    13  to exceed [twenty-two thousand five hundred] thirty-three thousand seven
    14  hundred  fifty  dollars for each day during which such violation contin-
    15  ues. In addition thereto, such person may be  enjoined  from  continuing
    16  such violation as hereinafter provided.
    17    §  41. Subdivision 1 of section 71-2105 of the environmental conserva-
    18  tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
    19  read as follows:
    20    1. Except as provided in section 71-2113, any person who shall wilful-
    21  ly  violate  any  of  the  provisions of article 19 or any code, rule or
    22  regulation promulgated pursuant thereto or any  final  determination  or
    23  order of the commissioner made pursuant to article 19 shall be guilty of
    24  a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
    25  fine, in the case of a first conviction, of not less than  [five]  seven
    26  hundred  fifty  dollars  nor  more than [eighteen] twenty-seven thousand
    27  dollars or by imprisonment for a term of not more than one year,  or  by
    28  both  such  fine  and  imprisonment, for each separate violation. If the
    29  conviction is for an offense committed after  the  first  conviction  of
    30  such  person  under this subdivision, such person shall be punished by a
    31  fine not to exceed [twenty-six]  thirty-nine  thousand  dollars,  or  by
    32  imprisonment,  or  by both such fine and imprisonment. Each day on which
    33  such violation occurs shall constitute a separate violation.
    34    § 42. Section 71-2111 of the environmental conservation law, as  added
    35  by chapter 400 of the laws of 1973, is amended to read as follows:
    36  § 71-2111. Enforcement of air pollution emergency rules and regulations.
    37    Any  person  who  violates  any  of  the  provisions of any regulation
    38  promulgated by the commissioner under authority of paragraph y of subdi-
    39  vision one of section 3-0301 shall be liable for a civil penalty of  not
    40  more  than  [twenty-five] three thousand seven hundred fifty dollars for
    41  each such violation and an additional penalty of not  more  than  [five]
    42  seven  hundred  fifty  dollars  for each day during which such violation
    43  continues, and, in addition thereto, such persons may be  enjoined  from
    44  continuing  such  violation.  Penalties  and  injunctive relief provided
    45  herein shall be recoverable in an action brought by the attorney general
    46  at the request and in the name of the commissioner.
    47    § 43. Section 71-2113 of the environmental conservation law, as  added
    48  by  chapter 942 of the laws of 1984, subdivision 1 as amended by section
    49  23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
    50  the laws of 2003, is amended to read as follows:
    51  § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
    52    1. Civil and administrative sanctions. Any person who violates any  of
    53  the  provisions  of, or who fails to perform any duty imposed by section
    54  19-0304 of this chapter, or any rule or regulation promulgated  pursuant
    55  thereto,  or  any  term or condition of any certificate or permit issued
    56  pursuant thereto, or any final determination or order of the commission-

        A. 8213--B                         15

     1  er made pursuant to article 19 of this chapter concerning a violation of
     2  section 19-0304 of this chapter shall be liable in the case of  a  first
     3  violation, for a civil penalty not to exceed [thirty-seven thousand five
     4  hundred]  fifty-six thousand two hundred fifty dollars and an additional
     5  penalty of not more than [thirty-seven thousand five hundred]  fifty-six
     6  thousand  two  hundred  fifty  dollars  for  each  day during which such
     7  violation continues, to be assessed by the commissioner after an  oppor-
     8  tunity to be heard pursuant to the provisions of section 71-1709 of this
     9  article, or by the court in any action or proceeding pursuant to section
    10  71-2107  of  this  title,  and,  in addition thereto, such person may by
    11  similar process be enjoined  from  continuing  such  violation  and  any
    12  permit  or certificate issued to such person may be revoked or suspended
    13  or a pending renewal application denied. In the case of a second and any
    14  further violation, the liability shall be for a  civil  penalty  not  to
    15  exceed  [seventy-five]  one hundred twelve thousand five hundred dollars
    16  for each such violation and an additional penalty not to  exceed  seven-
    17  ty-five  thousand  dollars  for  each  day  during  which such violation
    18  continues.
    19    2. Criminal sanctions. Any person who,  having  any  of  the  culpable
    20  mental  states  defined in section 15.05 of the penal law, shall violate
    21  any of the provisions of or who fails to perform  any  duty  imposed  by
    22  section 19-0304 of this chapter, or any rules and regulations promulgat-
    23  ed  pursuant  thereto,  or  any  term or condition of any certificate or
    24  permit issued pursuant thereto, or any final determination or  order  of
    25  the  commissioner made pursuant to article 19 of this chapter concerning
    26  a violation of section 19-0304 of this chapter  shall  be  guilty  of  a
    27  misdemeanor  and,  upon conviction thereof, shall for a first conviction
    28  be punished by a fine not to exceed [thirty-seven thousand five hundred]
    29  fifty-six thousand two hundred fifty dollars per day of violation or  by
    30  imprisonment for a term of not more than one year, or both such fine and
    31  imprisonment.  If  the  conviction  is  for an offense committed after a
    32  first conviction of such person under this subdivision, punishment shall
    33  be by a fine not to exceed [seventy-five] one  hundred  twelve  thousand
    34  five  hundred  dollars  per day of violation, or by imprisonment for not
    35  more than two years or by both such fine and imprisonment.
    36    § 44. Section 71-2201 of the environmental conservation law, as  added
    37  by  chapter  740 of the laws of 1978, the opening paragraph and subdivi-
    38  sion 1 as amended and subdivision 3 as added by chapter 901 of the  laws
    39  of  1983,  subdivision 4 as added by chapter 294 of the laws of 1991, is
    40  amended to read as follows:
    41  § 71-2201. Enforcement of title 23 of article 23 of this chapter.
    42    Administrative and civil sanctions. 1. Any person who violates any  of
    43  the  provisions of, or who fails to perform any duty imposed by title 23
    44  of article 23 except the duty to accept used  oil  pursuant  to  section
    45  23-2307  or  any  person subject to section 23-2308 or any rule or regu-
    46  lation promulgated pursuant thereto, or any term  or  condition  of  any
    47  certificate  or  permit  issued  pursuant thereto, or any final determi-
    48  nation or order of the commissioner made pursuant to this section  shall
    49  be  liable  for  a civil penalty not to exceed one thousand five hundred
    50  dollars for each such violation and an additional penalty  of  not  more
    51  than  [five]  seven hundred fifty dollars for each day during which such
    52  violation continues, to be assessed by the commissioner after a  hearing
    53  or opportunity to be heard pursuant to the provisions of section 71-1709
    54  of  this  chapter,  and, in addition thereto, such person may by similar
    55  process be enjoined from continuing such violation  and  any  permit  or

        A. 8213--B                         16

     1  certificate issued to such person may be revoked or suspended or a pend-
     2  ing renewal application denied.
     3    2.  Any  person who refuses to accept used oil as required pursuant to
     4  subdivision two of section 23-2307 shall be liable for a  civil  penalty
     5  not to exceed one hundred fifty dollars.
     6    3.  Any  person  who violates any provision of section 23-2308 of this
     7  chapter shall be subject to a civil penalty not to exceed  [two  hundred
     8  fifty] three hundred seventy-five dollars for each violation.
     9    4.  Notwithstanding  any  other provision of law, any person who shall
    10  violate the provisions of  paragraph  [(c)]  c  of  subdivision  one  of
    11  section  23-2307  or  paragraph  [(d)]  d  of subdivision two of section
    12  23-2307 of this chapter shall be liable for a civil penalty of not  more
    13  than [five] seven hundred fifty dollars, and an additional civil penalty
    14  of  not more than [five] seven hundred fifty dollars for each day during
    15  which such violation continues, not to  exceed  [ten]  fifteen  thousand
    16  dollars.
    17    §  45.  Section  71-2303  of  the  environmental  conservation law, as
    18  amended by chapter 99 of the laws of  2010,  subdivisions  1  and  2  as
    19  amended  by  section 15 of part QQ of chapter 58 of the laws of 2022, is
    20  amended to read as follows:
    21  § 71-2303. Violation; penalties.
    22    1. Civil sanctions. a. Any person who violates, disobeys or disregards
    23  any provision of article twenty-four, including title five  and  section
    24  24-0507  thereof  or  any  rule  or  regulation, local law or ordinance,
    25  permit or order issued pursuant thereto, shall be liable to  the  people
    26  of the state for a civil penalty of not to exceed [eleven] sixteen thou-
    27  sand  five  hundred  dollars  for  every such violation, to be assessed,
    28  after a hearing or opportunity to be heard upon due notice and with  the
    29  rights  to specification of the charges and representation by counsel at
    30  such hearing, by the commissioner or local government or  in  an  action
    31  initiated  by  the  attorney general pursuant to section 71-2305 of this
    32  title or on the attorney general's own initiative. Each violation  shall
    33  be  a  separate  and distinct violation and, in the case of a continuing
    34  violation, each day's continuance thereof shall be deemed a separate and
    35  distinct violation. Such penalty assessed by the commissioner  or  local
    36  government may be recovered in an action brought by the attorney general
    37  at  the  request and in the name of the commissioner or local government
    38  in any court of  competent  jurisdiction.  Such  civil  penalty  may  be
    39  released  or  compromised by the commissioner or local government before
    40  the matter has been referred to the attorney  general;  and  where  such
    41  matter  has  been referred to the attorney general, any such penalty may
    42  be released or compromised and any action commenced to recover the  same
    43  may be settled and discontinued by the attorney general with the consent
    44  of  the  commissioner or local government. In addition, the commissioner
    45  or local government shall  have  power,  following  a  hearing  held  in
    46  conformance  with  the  procedures  set forth in section 71-1709 of this
    47  article, to direct the violator  to  cease  violating  the  act  and  to
    48  restore  the  affected  freshwater wetland to its condition prior to the
    49  violation, insofar as that is possible  within  a  reasonable  time  and
    50  under  the supervision of the commissioner or local government. Any such
    51  order of the commissioner or local government shall be enforceable in an
    52  action brought by the attorney general at the request and in the name of
    53  the commissioner or local government in any court of competent jurisdic-
    54  tion. Any civil penalty or order issued by  the  commissioner  or  local
    55  government  pursuant  to  this  subdivision  shall  be  reviewable  in a

        A. 8213--B                         17

     1  proceeding pursuant to article seventy-eight of the civil  practice  law
     2  and rules.
     3    b. Upon determining that significant damage to the functions and bene-
     4  fits  of a freshwater wetland is occurring or is imminent as a result of
     5  any violation of article twenty-four of this chapter, including but  not
     6  limited  to  (i)  activity taking place requiring a permit under article
     7  twenty-four of this chapter but for which no permit has been granted  or
     8  (ii)  failure on the part of a permittee to adhere to permit conditions,
     9  the commissioner or local government shall  have  power  to  direct  the
    10  violator  to  cease and desist from violating the act. In such cases the
    11  violator shall be provided an opportunity to be heard within ten days of
    12  receipt of the notice to cease and desist.
    13    2. Criminal sanctions. Any person who violates any provision of  arti-
    14  cle twenty-four of this chapter, including any rule or regulation, local
    15  law  or  ordinance,  permit  or order issued pursuant thereto, shall, in
    16  addition, for the first offense, be guilty of a violation punishable  by
    17  a  fine of not less than [two] three thousand nor more than [five] seven
    18  thousand five hundred dollars; for a second and each subsequent  offense
    19  [he]  such  person shall be guilty of a misdemeanor punishable by a fine
    20  of not less than [four] six thousand nor more than [ten]  fifteen  thou-
    21  sand dollars or a term of imprisonment of not less than fifteen days nor
    22  more  than  six  months  or  both. In addition to these punishments, any
    23  offender may be punishable by being ordered by the court to restore  the
    24  affected  freshwater  wetland or adjacent area to its condition prior to
    25  the offense, insofar as that is possible.  The  court  shall  specify  a
    26  reasonable  time  for the completion of such restoration, which shall be
    27  effected under the supervision of the commissioner or local  government.
    28  Each  offense  shall be a separate and distinct offense and, in the case
    29  of a continuing offense, each day's continuance thereof shall be  deemed
    30  a separate and distinct offense.
    31    3. All fines collected pursuant to this section shall be paid into the
    32  environmental  protection  fund  established pursuant to section ninety-
    33  two-s of the state finance law.
    34    § 46. Paragraph a of  subdivision  1  and  subdivision  2  of  section
    35  71-2503 of the environmental conservation law, as amended by chapter 666
    36  of the laws of 1989, are amended to read as follows:
    37    a.  Any  person  who violates, disobeys or disregards any provision of
    38  article twenty-five shall be liable to the people of  the  state  for  a
    39  civil  penalty of not to exceed [ten] fifteen thousand dollars for every
    40  such violation, to be assessed, after a hearing  or  opportunity  to  be
    41  heard,  by  the  commissioner.  Each  violation  shall be a separate and
    42  distinct violation and, in the case  of  a  continuing  violation,  each
    43  day's  continuance  thereof  shall  be  deemed  a  separate and distinct
    44  violation.  The penalty may be recovered in an  action  brought  by  the
    45  commissioner  in any court of competent jurisdiction. Such civil penalty
    46  may be released or compromised by the commissioner before the matter has
    47  been referred to the attorney general; and where such  matter  has  been
    48  referred  to  the  attorney general, any such penalty may be released or
    49  compromised and any action commenced to recover the same may be  settled
    50  and discontinued by the attorney general with the consent of the commis-
    51  sioner.
    52    2.  Criminal sanctions. Any person who violates any provision of arti-
    53  cle twenty-five shall, in addition, for the first offense, be guilty  of
    54  a  violation  punishable by a fine of not less than [five] seven hundred
    55  fifty nor more than [five] seven thousand five hundred  dollars;  for  a
    56  second  and  each  subsequent  offense  such person shall be guilty of a

        A. 8213--B                         18

     1  misdemeanor punishable by a fine of not  less  than  one  thousand  five
     2  hundred nor more than [ten] fifteen thousand dollars or a term of impri-
     3  sonment  of not less than fifteen days nor more than six months or both.
     4  In  addition  to  or instead of these punishments, any offender shall be
     5  punishable by being ordered by the court to restore the  affected  tidal
     6  wetland  or  area immediately adjacent thereto to its condition prior to
     7  the offense, insofar as that is possible.  The  court  shall  specify  a
     8  reasonable  time  for  the completion of the restoration, which shall be
     9  effected under the supervision of the commissioner. Each  offense  shall
    10  be  a  separate  and  distinct  offense and, in the case of a continuing
    11  offense, each day's continuance thereof shall be deemed a  separate  and
    12  distinct offense.
    13    §  47.  Section  71-2505  of  the  environmental  conservation law, as
    14  amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
    15  follows:
    16  § 71-2505. Enforcement.
    17    The  attorney general, on [his] their own initiative or at the request
    18  of the commissioner, shall prosecute persons who violate  article  twen-
    19  ty-five.    In  addition the attorney general, on [his] their own initi-
    20  ative or at the request of the commissioner, shall  have  the  right  to
    21  recover  a  civil  penalty  of  up to [ten] fifteen thousand dollars for
    22  every violation of any provision of such article, and to seek  equitable
    23  relief to restrain any violation or threatened violation of such article
    24  and  to  require  the  restoration of any affected tidal wetland or area
    25  immediately adjacent thereto to its condition prior  to  the  violation,
    26  insofar  as  that  is  possible,  within a reasonable time and under the
    27  supervision of the commissioner. In the case of a continuing  violation,
    28  each  day's  continuance thereof shall be deemed a separate and distinct
    29  violation.
    30    § 48. Subdivisions 1, 2 and 3 of section 71-2703 of the  environmental
    31  conservation  law, subdivisions 1 and 2 as amended by chapter 508 of the
    32  laws of 1995, paragraph a of subdivision 1 as  amended  by  section  25,
    33  subparagraphs  i  and  ii  of paragraph b of subdivision 1 as amended by
    34  section 26, paragraph a and subparagraphs i and ii  of  paragraph  b  of
    35  subdivision  2 as amended by section 27, subparagraphs i and ii of para-
    36  graph c of subdivision 2 as amended by section 28 and subdivision  3  as
    37  amended  by  section 29 of part C of chapter 62 of the laws of 2003, are
    38  amended to read as follows:
    39    1. Civil and administrative sanctions.  a. Any person who violates any
    40  of the provisions of, or who fails to perform any duty imposed by  title
    41  3  or  7 of article 27 of this chapter or any rule or regulation promul-
    42  gated pursuant thereto, or any term or condition of any  certificate  or
    43  permit  issued  pursuant thereto, or any final determination or order of
    44  the commissioner made pursuant to this title shall be liable for a civil
    45  penalty not to exceed [seven thousand five hundred] eleven thousand  two
    46  hundred  fifty dollars for each such violation and an additional penalty
    47  of not more than [one thousand five hundred] two  thousand  two  hundred
    48  fifty  dollars for each day during which such violation continues, to be
    49  assessed by the commissioner after an opportunity to be  heard  pursuant
    50  to the provisions of section 71-1709 of this article, or by the court in
    51  any action or proceeding pursuant to section 71-2727 of this title, and,
    52  in addition thereto, such person may by similar process be enjoined from
    53  continuing  such  violation and any permit or certificate issued to such
    54  person may be revoked or suspended  or  a  pending  renewal  application
    55  denied.

        A. 8213--B                         19

     1    b.  i.  Any person who violates any of the provisions of, or who fails
     2  to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
     3  ter, or any rule or regulation promulgated pursuant thereto, or any term
     4  or condition of any certificate or permit issued  pursuant  thereto  and
     5  thereby causes the release of solid waste into the environment, shall be
     6  liable  for  a  civil penalty not to exceed [eleven thousand two hundred
     7  fifty] sixteen thousand eight hundred seventy-five dollars for each such
     8  violation and an additional penalty of not more  than  [eleven  thousand
     9  two  hundred  fifty] sixteen thousand eight hundred seventy-five dollars
    10  for each day during which such violation continues, to  be  assessed  by
    11  the  commissioner  after  an  opportunity  to  be  heard pursuant to the
    12  provisions of section 71-1709 of this article, or by the  court  in  any
    13  action  or proceeding pursuant to section 71-2727 of this title, and, in
    14  addition thereto, such person may by similar process  be  enjoined  from
    15  continuing  such  violation and any permit or certificate issued to such
    16  person may be revoked or suspended  or  a  pending  renewal  application
    17  denied.
    18    ii.  Any person who violates any of the provisions of, or who fails to
    19  perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
    20  or any rule or regulation promulgated pursuant thereto, or any  term  or
    21  condition  of  any  certificate  or  permit  issued pursuant thereto and
    22  thereby causes the release of more than ten cubic yards of  solid  waste
    23  into  the environment, shall be liable for a civil penalty not to exceed
    24  [twenty-two thousand five hundred] thirty-three thousand  seven  hundred
    25  fifty  dollars  for each such violation and an additional penalty of not
    26  more than [twenty-two thousand five hundred] thirty-three thousand seven
    27  hundred fifty dollars for each day during which such  violation  contin-
    28  ues, to be assessed by the commissioner after an opportunity to be heard
    29  pursuant to the provisions of section 71-1709 of this article, or by the
    30  court  in  any  action or proceeding pursuant to section 71-2727 of this
    31  title, and, in addition thereto, such person may by similar  process  be
    32  enjoined  from  continuing  such violation and any permit or certificate
    33  issued to such person may be revoked or suspended or a  pending  renewal
    34  application denied.
    35    c.  The  court in any action or proceeding pursuant to section 71-2727
    36  of this chapter may exercise all powers exercisable by the commissioner.
    37    2. Criminal sanctions.  a. Any person who, having any of the  culpable
    38  mental  states  defined in section 15.05 of the penal law, shall violate
    39  any of the provisions of or who fails to perform  any  duty  imposed  by
    40  title 3 or 7 of article 27 of this chapter, or any rules and regulations
    41  promulgated pursuant thereto, or any final determination or order of the
    42  commissioner  made pursuant to this title shall be guilty of a violation
    43  and, upon conviction thereof, shall be punished by a fine  of  not  less
    44  than  [one thousand five hundred] two thousand two hundred fifty dollars
    45  nor more than [fifteen] twenty-two thousand five hundred dollars per day
    46  of violation or by imprisonment for not more than  fifteen  days  or  by
    47  both such fine and imprisonment.
    48    b. i. Any person who shall violate paragraph a of this subdivision and
    49  thereby  causes  or attempts to cause the release of more than ten cubic
    50  yards of solid waste into the environment shall be guilty of a  class  B
    51  misdemeanor and, upon conviction thereof, shall be punished by a fine of
    52  not  less  than  [three  thousand seven hundred fifty] five thousand six
    53  hundred twenty-five dollars per day nor more than  [twenty-two  thousand
    54  five  hundred] thirty-three thousand seven hundred fifty dollars per day
    55  of violation, or by imprisonment for a term in accordance with the penal
    56  law, or by both such fine and imprisonment.

        A. 8213--B                         20

     1    ii. Any person who shall violate paragraph a of this  subdivision  and
     2  thereby  causes  or attempts to cause the release of more than ten cubic
     3  yards of solid waste into the environment, after having  been  convicted
     4  of  a  violation  of  this  subdivision within the preceding five years,
     5  shall  be  guilty of a class A misdemeanor and, upon conviction thereof,
     6  shall be punished by a fine of  not  less  than  [three  thousand  seven
     7  hundred fifty] five thousand six hundred twenty-five dollars per day nor
     8  more  than  [thirty-seven  thousand five hundred] fifty-six thousand two
     9  hundred fifty dollars per day of violation, or  by  imprisonment  for  a
    10  term  in  accordance with the penal law, or by both such fine and impri-
    11  sonment.
    12    c. i. Any person who shall violate paragraph a of this subdivision and
    13  thereby causes or attempts to cause the release  of  more  than  seventy
    14  cubic  yards  of  solid  waste into the environment shall be guilty of a
    15  class A misdemeanor and, upon conviction thereof, shall be punished by a
    16  fine of not less than [three thousand seven hundred fifty] five thousand
    17  six hundred twenty-five dollars per  day  nor  more  than  [thirty-seven
    18  thousand  five hundred] fifty-six thousand two hundred fifty dollars per
    19  day of violation, or by imprisonment for a term in accordance  with  the
    20  penal law, or by both such fine and imprisonment.
    21    ii.  Any  person who shall violate paragraph a of this subdivision and
    22  thereby causes or attempts to cause the release  of  more  than  seventy
    23  cubic  yards  of  solid  waste  into  the environment, after having been
    24  convicted of a violation of this subdivision within the  preceding  five
    25  years, shall be guilty of a class E felony and, upon conviction thereof,
    26  shall  be  punished  by  a  fine  of  not less than [seven thousand five
    27  hundred] eleven thousand two hundred fifty dollars per day nor more than
    28  [seventy-five] one hundred twelve thousand five hundred dollars per  day
    29  of violation, or by imprisonment for a term in accordance with the penal
    30  law, or by both such fine and imprisonment.
    31    3. Additional sanctions. Any person who violates any of the provisions
    32  of,  or  who fails to perform any duty imposed by title 7 of article 27,
    33  with regard to the construction and  operation  of  facilities  for  the
    34  disposal of construction and demolition debris or any rule or regulation
    35  promulgated  pursuant  thereto,  or any term or condition of any certif-
    36  icate or permit issued pursuant thereto or any  final  determination  or
    37  order  of  the  commissioner made pursuant to this title shall be liable
    38  for a civil penalty not to exceed  [fifteen]  twenty-two  thousand  five
    39  hundred dollars and each day of such deposition shall constitute a sepa-
    40  rate  violation and said civil penalty is in addition to any other fines
    41  or penalties which may be applied pursuant to this title.
    42    § 49. Section 71-2705 of the environmental conservation law, as  added
    43  by  chapter 550 of the laws of 1980, subdivision 1 as amended by section
    44  30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
    45  the laws of 2003, is amended to read as follows:
    46  § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
    47               ter.
    48    1. Civil and administrative sanctions. Any person who violates any  of
    49  the provisions of, or who fails to perform any duty imposed by titles 9,
    50  11  and  13 of article 27 or any rule or regulation promulgated pursuant
    51  thereto, or any term or condition of any certificate  or  permit  issued
    52  pursuant thereto, or any final determination or order of the commission-
    53  er  made  pursuant  to this title shall be liable in the case of a first
    54  violation, for a civil penalty not to exceed [thirty-seven thousand five
    55  hundred] fifty-six thousand two hundred fifty dollars and an  additional
    56  penalty  of not more than [thirty-seven thousand five hundred] fifty-six

        A. 8213--B                         21

     1  thousand two hundred fifty  dollars  for  each  day  during  which  such
     2  violation  continues, to be assessed by the commissioner after an oppor-
     3  tunity to be heard pursuant to the provisions of section 71-1709 of this
     4  article, or by the court in any action or proceeding pursuant to section
     5  71-2727  of  this  title,  and,  in addition thereto, such person may by
     6  similar process be enjoined  from  continuing  such  violation  and  any
     7  permit  or certificate issued to such person may be revoked or suspended
     8  or a pending renewal application denied. In the case of a second and any
     9  further violation, the liability shall be for a  civil  penalty  not  to
    10  exceed  [seventy-five]  one hundred twelve thousand five hundred dollars
    11  for each such violation and an additional penalty not to exceed  [seven-
    12  ty-five]  one  hundred twelve thousand five hundred dollars for each day
    13  during which such violation continues.
    14    2. Criminal sanctions. Any person who,  having  any  of  the  culpable
    15  mental  states  defined in section 15.05 of the penal law, shall violate
    16  any of the provisions of or who fails to perform  any  duty  imposed  by
    17  titles  9,  11 and 13 of article 27 or any rules and regulations promul-
    18  gated pursuant thereto, or any term or condition of any  certificate  or
    19  permit  issued  pursuant thereto, or any final determination or order of
    20  the commissioner made pursuant to this title shall be guilty of a misde-
    21  meanor and, upon conviction thereof, shall for  a  first  conviction  be
    22  punished  by  a  fine not to exceed [thirty-seven thousand five hundred]
    23  fifty-six thousand two hundred fifty dollars per day of violation or  by
    24  imprisonment for a term of not more than one year, or both such fine and
    25  imprisonment.  If  the  conviction  is  for an offense committed after a
    26  first conviction of such person under this subdivision, punishment shall
    27  be by a fine not to exceed [seventy-five] one  hundred  twelve  thousand
    28  five  hundred  dollars  per day of violation, or by imprisonment for not
    29  more than two years or by both such fine and imprisonment.
    30    § 50. Subdivision 2 of section 71-2721 of the environmental  conserva-
    31  tion  law,  as amended by section 32 of part C of chapter 62 of the laws
    32  of 2003, is amended to read as follows:
    33    2. Fines. A sentence to pay a fine shall  be  a  sentence  to  pay  an
    34  amount fixed by the court, not exceeding the higher of:
    35    (a) [Three] Four hundred fifty thousand dollars for a class C felony;
    36    (b)  [Two  hundred  twenty-five  thousand]  Three hundred thirty-seven
    37  thousand five hundred dollars for a class D felony;
    38    (c) [One hundred fifty  thousand]  Twenty-two  thousand  five  hundred
    39  dollars for a class E felony;
    40    (d)  [Thirty-seven  thousand  five  hundred]  Fifty-six  thousand  two
    41  hundred fifty dollars for a class A misdemeanor;
    42    (e) [Fifteen] Two hundred twenty-five thousand dollars for a  class  B
    43  misdemeanor; or
    44    (f)  Double  the amount of the defendant's gain from the commission of
    45  the crime.
    46    § 51. Subdivisions 1, 2 and 5 of section 71-2722 of the  environmental
    47  conservation law, subdivision 1 as amended by section 33 and subdivision
    48  2  as amended by section 34 of part C of chapter 62 of the laws of 2003,
    49  and subdivision 5 as added by chapter 152  of  the  laws  of  1990,  are
    50  amended to read as follows:
    51    1.  Any  person  who  knowingly  or  intentionally violates any of the
    52  provisions or fails to perform any duty imposed by  section  27-1701  of
    53  this  chapter, except the duty to accept a lead-acid battery pursuant to
    54  subdivision four of such section, shall be liable for  a  civil  penalty
    55  not  to exceed [seventy-five] one hundred twelve dollars and fifty cents
    56  for each violation, provided that such civil penalty shall be  in  addi-

        A. 8213--B                         22

     1  tion  to  any other penalties authorized under other state or local laws
     2  governing the illegal disposal of lead-acid batteries.
     3    2.  Any  retailer  or  distributor  who  refuses to accept a lead-acid
     4  battery as required pursuant to subdivision four of section  27-1701  of
     5  this  chapter  shall  be liable for a civil penalty not to exceed [seven
     6  hundred fifty] one thousand one hundred twenty-five dollars.
     7    5. All civil penalties and fines collected for any violation  of  such
     8  title  seventeen  shall  be paid over to the commissioner for deposit in
     9  the [general fund] conservation fund to the credit of  the  conservation
    10  enforcement  account  established pursuant to subdivision (k) of section
    11  eighty-three of the state finance law; provided however, that all  civil
    12  penalties collected for any violation of such title seventeen which have
    13  been imposed by the environmental control board of the city of New York,
    14  or  a  local  adjudicatory  body  pursuant  to  subdivision four of this
    15  section, shall be paid into an environmental fund of such city or local-
    16  ity.
    17    § 52. Subdivisions 1 and 2 of section  71-2724  of  the  environmental
    18  conservation  law,  as  amended  by  chapter 30 of the laws of 2020, are
    19  amended to read as follows:
    20    1. Any person who knowingly or intentionally violates any provision of
    21  or fails to perform any duty pursuant to  title  twenty-one  of  article
    22  twenty-seven  of this chapter, except subdivision one of section 27-2105
    23  of this chapter, shall upon the first finding of  such  a  violation  be
    24  liable  for a civil penalty not to exceed one hundred fifty dollars. Any
    25  person convicted of a second or subsequent violation shall be liable for
    26  a civil penalty not to exceed [five] seven  hundred  fifty  dollars  for
    27  each violation.
    28    2.  Any  person  who  knowingly  or intentionally violates or fails to
    29  perform any duty imposed by subdivision one of section 27-2105  of  this
    30  chapter  shall  upon  the  first finding of such a violation be provided
    31  with educational  materials  describing  the  requirements  for  mercury
    32  disposal  and  the  effects  of improper mercury disposal, and be warned
    33  that future violations shall result in the imposition  of  a  fine.  Any
    34  person  convicted  of  a  second  violation  shall be liable for a civil
    35  penalty not to exceed [fifty] seventy-five dollars. Any person convicted
    36  of a third violation shall be liable for a civil penalty not  to  exceed
    37  [seventy-five]  one  hundred  twelve dollars and fifty cents. Any person
    38  convicted of a fourth or subsequent violation  shall  be  liable  for  a
    39  civil penalty not to exceed one hundred dollars for each violation.
    40    §  53. Subdivision 1 of section 71-2728 of the environmental conserva-
    41  tion law, as added by chapter 641 of the laws of  2008,  is  amended  to
    42  read as follows:
    43    1. Any person who knowingly or intentionally violates any provision of
    44  or  fails to perform any duty imposed pursuant to title 27 of article 27
    45  of this chapter shall upon the first finding  of  such  a  violation  be
    46  provided with a warning that future violations shall result in the impo-
    47  sition  of  a  fine. Any person convicted of a second violation shall be
    48  liable for a civil penalty not to exceed one hundred fifty dollars.  Any
    49  person  convicted of a third or subsequent violation shall be liable for
    50  a civil penalty not to exceed [five] seven hundred fifty dollars.
    51    § 54. Section 71-2729 of the environmental conservation law, as  added
    52  by chapter 99 of the laws of 2010, is amended to read as follows:
    53  § 71-2729. Enforcement of title 26 of article 27 of this chapter.
    54    1.  a. Any consumer, as defined in title twenty-six of article twenty-
    55  seven of this chapter, who  violates  any  provision  of,  or  fails  to
    56  perform  any  duty imposed by, section 27-2611 of this chapter, shall be

        A. 8213--B                         23

     1  liable for a civil penalty not to exceed one hundred fifty  dollars  for
     2  each violation.
     3    b.  Any person, except a consumer, manufacturer, or an owner or opera-
     4  tor of an electronic waste collection  site,  electronic  waste  consol-
     5  idation  facility, or electronic waste recycling facility as these terms
     6  are defined in title twenty-six of article twenty-seven of this chapter,
     7  who violates any provision, or fails to  perform  any  duty  imposed  by
     8  section 27-2611 of this chapter, shall be liable for a civil penalty not
     9  to  exceed  [two  hundred  fifty] three hundred seventy-five dollars for
    10  each violation.
    11    c. Any manufacturer, or  any  person  operating  an  electronic  waste
    12  collection site, an electronic waste consolidation facility, or an elec-
    13  tronic  waste  recycling  facility  as  those terms are defined in title
    14  twenty-six of article twenty-seven of this chapter, who:
    15    i. fails to submit any report, registration, fee, or surcharge to  the
    16  department  as  required  by title twenty-six of article twenty-seven of
    17  this chapter shall be liable for a civil penalty not to exceed one thou-
    18  sand five hundred dollars for each day such report,  registration,  fee,
    19  or surcharge is not submitted; and
    20    ii.  violates any other provision of title twenty-six of article twen-
    21  ty-seven of this chapter or fails to perform any duty  imposed  by  such
    22  title,  except  for subdivision four of section 27-2603 of this chapter,
    23  shall be liable for a civil penalty for each violation not to exceed one
    24  thousand five hundred dollars for the  first  violation,  [two  thousand
    25  five  hundred] three thousand seven hundred fifty dollars for the second
    26  violation and [five] seven thousand five hundred dollars for  the  third
    27  and subsequent violations of this title within a twelve-month period.
    28    d.  Any  retailer,  as defined by section 27-2601 of this chapter, who
    29  violates any provision of title twenty-six of  article  twenty-seven  of
    30  this  chapter  or fails to perform any duty imposed by such title, shall
    31  be liable for a civil penalty for each  violation  not  to  exceed  [two
    32  hundred   fifty]  three  hundred  seventy-five  dollars  for  the  first
    33  violation, [five] seven hundred fifty dollars for the  second  violation
    34  and  one  thousand  five  hundred  dollars  for the third and subsequent
    35  violations of this title in a twelve-month period.
    36    e. Civil penalties under this section shall be assessed by the commis-
    37  sioner after a hearing or  opportunity  to  be  heard  pursuant  to  the
    38  provisions  of  section  71-1709 of this article, or by the court in any
    39  action or proceeding pursuant to this section, and, in addition thereto,
    40  such person may by similar process  be  enjoined  from  continuing  such
    41  violation.
    42    2. All penalties collected pursuant to this section shall be paid over
    43  to  the  commissioner  for  deposit to the environmental protection fund
    44  established pursuant to section ninety-two-s of the state finance law.
    45    § 55. Subdivisions 1 and 3 of section  71-2907  of  the  environmental
    46  conservation  law,  as  amended  by chapter 285 of the laws of 2000, are
    47  amended to read as follows:
    48    1. Administrative sanctions. Except  as  otherwise  provided  in  this
    49  subdivision, any person who violates any provision of article 33 of this
    50  chapter  or  any  rule, regulation or order issued thereunder or commits
    51  any offense described in section 33-1301 of this chapter shall be liable
    52  to the people of the state for a civil  penalty  not  to  exceed  [five]
    53  seven  thousand  five  hundred dollars for a first violation, and not to
    54  exceed [ten] fifteen thousand dollars for a subsequent  offense,  to  be
    55  assessed by the commissioner after a hearing or opportunity to be heard.
    56  Notwithstanding  any  provision  of  law  to  the  contrary, an owner or

        A. 8213--B                         24

     1  owner's agent of a multiple dwelling or owner, owner's agent or a person
     2  in a position of authority for all other  types  of  premises,  as  such
     3  terms  are defined in paragraph d of subdivision five of section 33-0905
     4  of  this  chapter,  who  violates  any  provision of a local law adopted
     5  pursuant to subdivision one of section 33-1004 of this chapter  relating
     6  to  paragraph  b  of  such  subdivision,  and a person, who violates any
     7  provision of a local law adopted pursuant to subdivision one of  section
     8  33-1004 of this chapter relating to paragraph c of such subdivision, and
     9  a  person  who  violates  the provisions of subdivision three of section
    10  three hundred ninety-c of the social services law  shall,  for  a  first
    11  such  violation,  in  lieu of a penalty, be issued a written warning and
    12  shall also be issued educational materials pursuant to  subdivision  two
    13  of  section  33-1005  of this chapter. Such person shall, however, for a
    14  second violation, be liable to the people  of  the  state  for  a  civil
    15  penalty  not to exceed one hundred fifty dollars, and not to exceed [two
    16  hundred fifty] three hundred seventy-five  dollars  for  any  subsequent
    17  violation,  such  penalties  to  be assessed by the commissioner after a
    18  hearing or opportunity to be heard.
    19    Notwithstanding any provision of law to the contrary, any  person  who
    20  violates  the  provisions of a local law adopted pursuant to subdivision
    21  one of section 33-1004 of this chapter relating to paragraph a  of  such
    22  subdivision, shall be issued a warning for the first violation and shall
    23  be provided seven days to correct such violation; and shall be liable to
    24  the  people  of  the state for a civil penalty not to exceed one hundred
    25  fifty dollars for a second violation, and not  to  exceed  [two  hundred
    26  fifty] three hundred seventy-five dollars for a subsequent violation, to
    27  be  assessed  by  the  commissioner after a hearing or opportunity to be
    28  heard. The commissioner, acting by the attorney general, may bring  suit
    29  for  collection of such assessed civil penalty in any court of competent
    30  jurisdiction. Such civil penalty may be released or compromised  by  the
    31  commissioner  before the matter has been referred to the attorney gener-
    32  al; and where such matter has been referred to the attorney general, any
    33  such penalty may be released or compromised and any action commenced  to
    34  recover the same may be settled and discontinued by the attorney general
    35  with  the consent of the commissioner. Any civil penalty assessed by the
    36  commissioner under this subdivision shall be reviewable in a  proceeding
    37  under article 78 of the civil practice law and rules.
    38    3.  Criminal  sanctions.  Any  person  who, having the culpable mental
    39  states defined in subdivision one or two of section 15.05 or in  section
    40  20.20  of  the  penal  law, violates any provision of article 33 of this
    41  chapter or any  rule,  regulation  thereunder  or  commits  any  offense
    42  described in section 33-1301 of this chapter, except an offense relating
    43  to  the  application  of  a  general  use pesticide shall be guilty of a
    44  misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
    45  not  to  exceed  [five] seven thousand five hundred dollars for each day
    46  during which such violation continues or by imprisonment for a  term  of
    47  not  more  than  one year, or by both such fine and imprisonment. If the
    48  conviction  is  for  a  subsequent  offense  committed  after  a   first
    49  conviction of such person under this subdivision, punishment shall be by
    50  a  fine not to exceed [ten] fifteen thousand dollars for each day during
    51  which such violation continues or by imprisonment for a term of not more
    52  than one year, or by both such fine and imprisonment. When  a  violation
    53  consists  of  the  manufacture  or production of any prohibited article,
    54  each day  during  which  or  any  part  of  which  such  manufacture  or
    55  production  is  carried  on  or  continued,  shall  be deemed a separate
    56  violation. Any person who violates any provision of article 33  of  this

        A. 8213--B                         25

     1  chapter  or  any  rule  or  regulation thereunder or commits any offense
     2  described in section 33-1301 of this chapter relating to the  use  of  a
     3  general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
     4  conviction  thereof,  shall be punished by a fine not to exceed [twenty-
     5  five hundred]  three  thousand  seven  hundred  fifty  dollars.  If  the
     6  conviction  is  for  a subsequent offense committed after the first such
     7  conviction of such person under this subdivision, punishment shall be by
     8  a fine not to exceed [five] seven thousand five hundred dollars.  Prose-
     9  cution  hereunder may be conducted by either the attorney general or the
    10  district attorney consistent with section 71-0403 of this article.  With
    11  respect  to  violations  of  section  33-1004 of this chapter, penalties
    12  imposed pursuant to this subdivision may  be  assessed  only  against  a
    13  person providing a commercial lawn application.
    14    § 56. Section 71-3103 of the environmental conservation law is amended
    15  to read as follows:
    16  § 71-3103. Enforcement of article 35.
    17    Any  person  who  violates  any  of the provisions of, or who fails to
    18  perform any duties imposed by article 35 or any  regulation  promulgated
    19  by  the  commissioner  thereunder, shall be liable to a civil penalty of
    20  not more than [twenty-five hundred] three thousand seven  hundred  fifty
    21  dollars  for  each  such violation and an additional penalty of not more
    22  than [five] seven hundred fifty dollars for each day during  which  such
    23  violation  continues,  and,  in  addition  thereto,  such  person may be
    24  enjoined from continuing such violation. Penalties and injunctive relief
    25  provided herein shall be recoverable in an action brought by the  Attor-
    26  ney General at the request and in the name of the commissioner.
    27    §  57. Subdivision 1 of section 71-3303 of the environmental conserva-
    28  tion law, as added by chapter 617 of the laws of  1987,  is  amended  to
    29  read as follows:
    30    1.  Any  person who violates any provision of, or fails to perform any
    31  duty imposed by article forty-three of this chapter or any rule or regu-
    32  lation promulgated pursuant thereto, or any term  or  condition  of  any
    33  certificate  or  permit  issued  pursuant thereto, or any final determi-
    34  nation or order of the Lake George  park  commission  made  pursuant  to
    35  article  forty-three of this chapter shall be liable for a civil penalty
    36  not to exceed [five] seven hundred fifty dollars for each such violation
    37  and an additional penalty of [five] seven hundred fifty dollars for each
    38  day during which such violation continues, to be assessed  by  the  Lake
    39  George park commission after an opportunity to be heard, or by the court
    40  in  any  action  or  proceeding initiated by the attorney general in the
    41  name of the Lake George  park  commission.  In  addition  thereto,  such
    42  person  may,  by  similar  process,  be  enjoined  from  continuing such
    43  violation, and any permit or certificate issued to such  person  may  be
    44  revoked or suspended, or a pending renewal application denied based upon
    45  such violation.
    46    §  58. Section 71-3307 of the environmental conservation law, as added
    47  by chapter 617 of the laws of 1987, is amended to read as follows:
    48  § 71-3307. Criminal sanctions.
    49    Any person who, having any of the culpable mental  states  defined  in
    50  section  15.05  of the penal law, shall violate any of the provisions of
    51  or who fails to perform any duty imposed by article forty-three of  this
    52  chapter  or  any  rules or regulations promulgated thereto, or any final
    53  determination or order of the Lake George park commission shall be guil-
    54  ty of a violation, and, upon conviction thereof, shall be punished by  a
    55  fine not to exceed [five] seven hundred fifty dollars for each violation

        A. 8213--B                         26

     1  and [five] seven hundred fifty dollars for each day such violation shall
     2  continue.
     3    § 59. Section 71-3501 of the environmental conservation law is amended
     4  to read as follows:
     5  § 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
     6               noisome business on or near highway.
     7    A person, who deposits, leaves or keeps, on or near a highway or route
     8  of public travel, either on the land or on the  water,  any  noisome  or
     9  unwholesome  substance, or establishes, maintains or carries on, upon or
    10  near a public highway or route of public travel, either on the  land  or
    11  on  the  water,  any  business, trade or manufacture which is noisome or
    12  detrimental to public health, is guilty of a misdemeanor, punishable  by
    13  a  fine  of  not less than one hundred fifty dollars, or by imprisonment
    14  not less than three nor more than six months, or both.
    15    § 60. Section  71-3703  of  the  environmental  conservation  law,  as
    16  amended  by chapter 259 of the laws of 2011, subdivision 4 as amended by
    17  chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
    18  the laws of 2021, subdivision 6 as added by chapter 111 of the  laws  of
    19  2023,  and subdivision 7 as added by chapter 107 of the laws of 2024, is
    20  amended to read as follows:
    21  § 71-3703. Enforcement of article 37.
    22    1. Any person who violates any of the provisions of, or who  fails  to
    23  perform  any  duty  imposed by section 37-0107 or any rule or regulation
    24  promulgated pursuant hereto, shall be liable for a civil penalty not  to
    25  exceed  [two  thousand  five hundred] three thousand seven hundred fifty
    26  dollars for each such violation and an additional penalty  of  not  more
    27  than  [five]  seven hundred fifty dollars for each day during which such
    28  violation continues, and,  in  addition  thereto,  such  person  may  be
    29  enjoined from continuing such violation.
    30    2.  Any  person who violates any of the provisions of, or who fails to
    31  perform any duty imposed by section 37-0505 or any  rule  or  regulation
    32  promulgated  pursuant hereto, shall be liable for a civil penalty not to
    33  exceed one thousand five hundred dollars for each day during which  such
    34  violation  continues,  and  in  addition  thereto,  such  person  may be
    35  enjoined from continuing such violation. Such person shall for a  second
    36  violation  be  liable to the people of the state for a civil penalty not
    37  to exceed [two thousand five hundred] three thousand seven hundred fifty
    38  dollars for each day during which such violation continues.
    39    3. Any person who violates any of the provisions of, or who  fails  to
    40  perform  any  duty  imposed by section 37-0705 or any rule or regulation
    41  promulgated pursuant hereto, shall be liable for a civil penalty not  to
    42  exceed  one thousand five hundred dollars for each day during which such
    43  violation continues,  and  in  addition  thereto,  such  person  may  be
    44  enjoined  from continuing such violation. Such person shall for a second
    45  violation be liable to the people of the state for a civil  penalty  not
    46  to exceed [two thousand five hundred] three thousand seven hundred fifty
    47  dollars for each day during which such violation continues.
    48    4.  Any  person who violates any of the provisions of, or who fails to
    49  perform any duty imposed by section 37-0117 or any  rule  or  regulation
    50  promulgated  pursuant hereto, shall be liable for a civil penalty not to
    51  exceed one thousand five hundred dollars for each day during which  such
    52  violation  continues,  and  in  addition  thereto,  such  person  may be
    53  enjoined from continuing such violation. Such person shall for a  second
    54  violation  be  liable to the people of the state for a civil penalty not
    55  to exceed [two thousand five hundred] three thousand seven hundred fifty
    56  dollars for each day during which such violation continues.

        A. 8213--B                         27

     1    5. Any person who violates any of the provisions of or  who  fails  to
     2  perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
     3  or  any  rule or regulation promulgated pursuant hereto, shall be liable
     4  for a civil penalty not to exceed one thousand five hundred dollars  for
     5  each day during which such violation continues, and in addition thereto,
     6  such  person may be enjoined from continuing such violation. Such person
     7  shall for a second violation be liable to the people of the state for  a
     8  civil  penalty  not to exceed [two thousand five hundred] three thousand
     9  seven hundred fifty dollars for each day  during  which  such  violation
    10  continues.
    11    6.  Any  person who violates any of the provisions of, or who fails to
    12  perform any duty imposed by section 37-0121 of this chapter or any  rule
    13  or  regulation  promulgated pursuant hereto, shall be liable for a civil
    14  penalty not to exceed one thousand five hundred  dollars  for  each  day
    15  during  which  such  violation  continues, and in addition thereto, such
    16  person may be enjoined from continuing such violation. Such person shall
    17  for a second violation be liable to the people of the state for a  civil
    18  penalty  not  to exceed [two thousand five hundred] three thousand seven
    19  hundred fifty dollars for each day during which such  violation  contin-
    20  ues.
    21    7.  Any  person who violates any of the provisions of, or who fails to
    22  perform any duty imposed by section 37-1101 of this chapter or any  rule
    23  or  regulation  promulgated pursuant hereto, shall be liable for a civil
    24  penalty not to exceed one thousand five hundred  dollars  for  each  day
    25  during  which  such  violation  continues, and in addition thereto, such
    26  person may be enjoined from continuing such violation. Such person shall
    27  for a second violation be liable to the people of the state for a  civil
    28  penalty  not  to exceed [two thousand five hundred] three thousand seven
    29  hundred fifty dollars for each day during which such  violation  contin-
    30  ues.
    31    §  61. Section 71-3803 of the environmental conservation law, as added
    32  by chapter 713 of the laws of 1975, is amended to read as follows:
    33  § 71-3803. Enforcement of article thirty-eight.
    34    Any person who violates any of the provisions  of,  or  who  fails  to
    35  perform  any  duty  imposed  by  article  thirty-eight or any regulation
    36  promulgated by the commissioner thereunder, shall be liable to  a  civil
    37  penalty  of  not  more  than  [twenty-five hundred] three thousand seven
    38  hundred fifty dollars for each such violation and an additional  penalty
    39  of  not more than [five] seven hundred fifty dollars for each day during
    40  which such violation continues, and, in addition  thereto,  such  person
    41  may be enjoined from continuing such violation. Penalties and injunctive
    42  relief  provided herein shall be recoverable in an action brought by the
    43  attorney general acting alone or at the request of the commissioner.
    44    § 62. Section 71-3903 of the environmental conservation law, as  added
    45  by chapter 732 of the laws of 1980, is amended to read as follows:
    46  § 71-3903. Violations; penalties.
    47    1.  Administrative  sanctions.  Any  person  who violates, disobeys or
    48  disregards any provision of article thirty-nine shall be liable  to  the
    49  people  of  the  state for a civil penalty of not to exceed [three] four
    50  thousand five hundred dollars for every such violation, to  be  assessed
    51  by  the  commissioner  after  a  hearing or opportunity to be heard. The
    52  penalty may be recovered in an action brought by the commissioner in any
    53  court of competent jurisdiction. Such civil penalty may be  released  or
    54  [comprised]  compromised  by the commissioner before the matter has been
    55  referred to the  attorney  general;  and  where  such  matter  has  been
    56  referred  to  the  attorney general, any such penalty may be released or

        A. 8213--B                         28

     1  [comprised] compromised and any action commenced to recover the same may
     2  be settled and discontinued by the attorney general with the consent  of
     3  the  commissioner.  In  addition,  the  commissioner  shall  have power,
     4  following  a  hearing,  to  direct  the  violator  to  cease [his] their
     5  violation of article thirty-nine and, where appropriate, to  recall  any
     6  sewage  system cleaners or additives sold or distributed in violation of
     7  said article. Any such order of the commissioner shall be enforceable in
     8  an action brought by the commissioner in any court of  competent  juris-
     9  diction.  Any  civil  penalty  or order issued by the commissioner under
    10  this subdivision shall be  reviewable  in  a  proceeding  under  article
    11  seventy-eight of the civil practice law and rules commenced within thir-
    12  ty days of such penalty or order.
    13    2. Criminal sanctions. Any person who knowingly violates any provision
    14  of  section  39-0105 of this chapter shall, in addition to the sanctions
    15  provided in subdivision one of this section, for the first  offense,  be
    16  guilty of a violation punishable by a fine of not less than [five] seven
    17  hundred  fifty  nor  more  than one thousand five hundred dollars; for a
    18  second and each subsequent offense [he] such person shall be guilty of a
    19  misdemeanor punishable by a fine of not  less  than  one  thousand  five
    20  hundred  nor  more  than [three] four thousand five hundred dollars or a
    21  term of imprisonment of not more than six months or both. In addition to
    22  or instead of these sanctions, any offender shall be punishable by being
    23  ordered by the court to recall any sewage system cleaners  or  additives
    24  sold or distributed in violation of article thirty-nine. The court shall
    25  specify a reasonable time for the completion of the recall. Each offense
    26  shall  be a separate and distinct offense and, in the case of a continu-
    27  ing offense, each day's continuance thereof shall be deemed  a  separate
    28  and distinct offense.
    29    §  63. Section 71-3905 of the environmental conservation law, as added
    30  by chapter 732 of the laws of 1980, is amended to read as follows:
    31  § 71-3905. Enforcement.
    32    The attorney general or a district attorney, at  the  request  of  the
    33  attorney  general or the commissioner, may prosecute persons who violate
    34  article thirty-nine. In addition the attorney general,  on  [his]  their
    35  own  initiative  or  at  the request of the commissioner, shall have the
    36  right to recover a civil penalty of not to exceed [three] four  thousand
    37  five  hundred dollars for every violation of any provision of said arti-
    38  cle, and to seek equitable relief to restrain any violation  or  threat-
    39  ened  violation  of such article and to require the recall of any sewage
    40  system cleaners or additives sold or distributed in  violation  of  said
    41  article.
    42    §  64.  Section  71-4001  of  the  environmental  conservation law, as
    43  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
    44  follows:
    45  § 71-4001. General criminal penalty.
    46    Except as otherwise specifically provided elsewhere in this chapter or
    47  in  the penal law, (a) a person who violates any provision of this chap-
    48  ter, or any rule, regulation or order promulgated pursuant  thereto,  or
    49  the terms or conditions of any permit issued thereunder, shall be guilty
    50  of  a  violation;  (b)  each  day  on  which such violation occurs shall
    51  constitute a separate violation; and (c) for  each  such  violation  the
    52  person  shall  be  subject  upon conviction to imprisonment for not more
    53  than fifteen days or to a fine of not  more  than  [nine]  one  thousand
    54  three hundred fifty dollars, or to both such imprisonment and such fine.

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     1    §  65.  Section  71-4003  of  the  environmental  conservation law, as
     2  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
     3  follows:
     4  § 71-4003. General civil penalty.
     5    Except as otherwise specifically provided elsewhere in this chapter, a
     6  person  who  violates  any provision of this chapter, or any rule, regu-
     7  lation or order promulgated pursuant thereto, or the terms or conditions
     8  of any permit issued thereunder, shall be liable to a civil  penalty  of
     9  not more than one thousand five hundred dollars, and an additional civil
    10  penalty  of not more than one thousand five hundred dollars for each day
    11  during which each such violation continues. Any civil  penalty  provided
    12  for  by  this chapter may be assessed following a hearing or opportunity
    13  to be heard.
    14    § 66. Section  71-4103  of  the  environmental  conservation  law,  as
    15  amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
    16  follows:
    17  § 71-4103. Enforcement of article seventy-two.
    18    Any person who violates any of the provisions of  article  seventy-two
    19  of  this  chapter  or  the  regulations  promulgated thereunder shall be
    20  liable for a civil penalty of up to one thousand five hundred dollars in
    21  addition to any amount assessed as a  penalty  pursuant  to  subdivision
    22  five  of  section  72-0201  of  this chapter, except that any person who
    23  fails to pay fees required pursuant to section 72-0303 of  this  chapter
    24  shall be subject to penalty provisions pursuant to subdivision twelve of
    25  section 72-0201 of this chapter.
    26    §  67. Section 71-4303 of the environmental conservation law, as added
    27  by chapter 672 of the laws of 1986, is amended to read as follows:
    28  § 71-4303. Violations of article forty of this chapter.
    29    1. Civil and administrative sanctions. Any person who violates any  of
    30  the  provisions of, or who fails to perform any duty imposed by, article
    31  forty of this chapter or any rule or regulation promulgated  thereunder,
    32  or  any terms or conditions of any certificate or permit issued pursuant
    33  thereto, or any final determination or order of  the  commissioner  made
    34  pursuant  to  this title, shall be liable in the case of a civil penalty
    35  not to exceed [twenty-five] thirty-seven thousand five  hundred  dollars
    36  and  an additional penalty of not more than [twenty-five thousand] thir-
    37  ty-seven thousand five hundred dollars for each day  during  which  such
    38  violation  continues, to be assessed by the commissioner after an oppor-
    39  tunity to be heard pursuant to the provisions of section 71-1709 of this
    40  article or by a court in any  action  or  proceeding  pursuant  to  this
    41  title,  and,  in  addition thereto such person may by similar process be
    42  enjoined from continuing such violation. In addition, upon the provision
    43  of notice stating the grounds for its action and giving  an  opportunity
    44  for  hearing, the commissioner may revoke, suspend or deny a certificate
    45  or a renewal of a certificate issued pursuant to article forty  of  this
    46  chapter. In the case of a second violation, the liability shall be for a
    47  civil  penalty  not  to exceed [fifty] seventy-five thousand dollars for
    48  such violation and an additional penalty not to exceed [fifty]  seventy-
    49  five  thousand  dollars for each day during which such violation contin-
    50  ues.
    51    2. Criminal sanctions. Any person who,  having  any  of  the  culpable
    52  mental  states  defined in section 15.05 of the penal law, shall violate
    53  any of the provisions of or who fails to perform  any  duty  imposed  by
    54  article  forty  of  this chapter or any rules or regulations promulgated
    55  pursuant thereto, or any term or condition of any certificate or  permit
    56  issued  pursuant  thereto,  or  any  final determination or order of the

        A. 8213--B                         30

     1  commissioner made pursuant to this title shall be guilty of a  misdemea-
     2  nor  and,  upon  conviction  thereof,  shall  for  a first conviction be
     3  punished by a fine not to  exceed  [twenty-five]  thirty-seven  thousand
     4  five  hundred dollars per day of violation or by imprisonment for a term
     5  of not more than one year, or by both such fine and imprisonment. If the
     6  conviction is for an offense committed after a first conviction of  such
     7  person  under  this  subdivision,  punishment  shall be by a fine not to
     8  exceed [fifty] seventy-five thousand dollars per day of violation, or by
     9  imprisonment for not more than two years or by both such fine and impri-
    10  sonment.
    11    § 68. Section 71-4402 of the environmental conservation law, as  added
    12  by chapter 180 of the laws of 1989, is amended to read as follows:
    13  § 71-4402. Violations of title 15 of article 27 of this chapter.
    14    1. Civil and administrative sanctions.
    15    Any  person  who  violates  any  of the provisions of, or who fails to
    16  perform any duty imposed by title 15 of article 27 of this  chapter,  or
    17  any  rule  or  regulation  promulgated  pursuant thereto, or any term or
    18  condition of any certificate or permit issued pursuant thereto,  or  any
    19  final  determination  or order of the commissioner made pursuant to this
    20  title shall be liable in the case of a  first  violation,  for  a  civil
    21  penalty  not  to exceed [twenty-five] thirty-seven thousand five hundred
    22  dollars and an additional penalty of not more than  [twenty-five]  thir-
    23  ty-seven  thousand  five  hundred dollars for each day during which such
    24  violation continues, to be assessed by the commissioner after an  oppor-
    25  tunity to be heard pursuant to the provisions of section 71-1709 of this
    26  chapter, or by the court in any action or proceeding pursuant to section
    27  71-2727  of  this chapter, and, in addition thereto, such persons may by
    28  similar process be enjoined  from  continuing  such  violation  and  any
    29  permit  or certificate issued to such person may be revoked or suspended
    30  or a pending renewal application denied. In the case of a second and any
    31  further violation, the liability shall be for a  civil  penalty  not  to
    32  exceed [fifty] seventy-five thousand dollars for each such violation and
    33  an  additional  penalty  not  to  exceed  [fifty]  seventy-five thousand
    34  dollars for each day during which such violation continues.
    35    2. Criminal sanctions.
    36    a. Any person who violates any of the provisions of or  who  fails  to
    37  perform  any  duty  imposed by title 15 of article 27 of this chapter or
    38  any rules and regulations promulgated pursuant thereto, or any  term  or
    39  condition  of  any certificate or permit issued pursuant thereto, or any
    40  final determination or order of the commissioner made pursuant  to  this
    41  title shall be guilty of a violation and, upon conviction thereof, shall
    42  be  punished  by a fine not to exceed [five] seven thousand five hundred
    43  dollars per day of violation, or by imprisonment for a term of not  more
    44  than fifteen days, or by both such fine and imprisonment.
    45    b.  Any  person  who,  intentionally,  knowingly,  or recklessly shall
    46  violate any of the provisions of  or  who  fails  to  perform  any  duty
    47  imposed by title 15 of article 27 of this chapter or any rules and regu-
    48  lations  promulgated  pursuant  thereto, or any term or condition of any
    49  certificate or permit issued pursuant thereto,  or  any  final  determi-
    50  nation or order of the commissioner made pursuant to this title shall be
    51  guilty  of a class B misdemeanor and, upon conviction thereof, shall for
    52  a first conviction be punished by a fine not to exceed  [fifteen]  twen-
    53  ty-two  thousand  five hundred dollars per day of violation or by impri-
    54  sonment for a term of not more than ninety days, or both such  fine  and
    55  imprisonment.    If  the  conviction is for an offense committed after a
    56  first conviction of such person under this paragraph, within the preced-

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     1  ing five years, such person shall be guilty of a class A misdemeanor and
     2  upon conviction, punishment shall be by a fine  not  to  exceed  [fifty]
     3  seventy-five  thousand  five hundred dollars per day of violation, or by
     4  imprisonment  for not more than one year or by both such fine and impri-
     5  sonment.
     6    § 69. Subdivision 2 of section 71-4411 of the environmental  conserva-
     7  tion  law,  as  added  by chapter 180 of the laws of 1989, is amended to
     8  read as follows:
     9    2. Fines. A sentence to pay a fine shall be  a  sentence  to  pay  any
    10  amount fixed by the court, not exceeding the higher of:
    11    (a) [one hundred fifty] two hundred twenty-five thousand dollars for a
    12  class D felony;
    13    (b) one hundred fifty thousand dollars for a class E felony;
    14    (c) [fifty] seventy-five thousand dollars for a class A misdemeanor;
    15    (d)  [fifteen]  twenty-two thousand five hundred dollars for a class B
    16  misdemeanor; or
    17    (e) double the amount of the defendant's gain from the  commission  of
    18  the crime.
    19    § 70. This act shall take effect immediately.
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