Bill Text: NY A01645 | 2011-2012 | General Assembly | Introduced

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Bill Title: Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A01645 Detail]

Download: New_York-2011-A01645-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1645
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 11, 2011
                                      ___________
       Introduced  by  M.  of  A.  KAVANAGH,  BOYLAND,  COLTON -- read once and
         referred to the Committee on Environmental Conservation
       AN ACT to amend the environmental conservation law, in relation  to  the
         general civil penalty
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. 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  S 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, CERTIFICATE OR ORDER issued thereunder, shall be liable
    9  [to] FOR a civil penalty of not more than one thousand dollars,  and  an
   10  additional  civil penalty of not more than one thousand dollars for each
   11  day during which each such violation continues; AND IN ADDITION THERETO,
   12  SUCH PERSON MAY BE ENJOINED FROM  CONTINUING  SUCH  VIOLATION,  AND  ANY
   13  PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON MAY BE REVOKED OR SUSPENDED,
   14  OR  A  PENDING  RENEWAL  APPLICATION MAY BE DENIED.   Any civil penalty,
   15  INJUNCTIVE RELIEF, OR PERMIT OR CERTIFICATE  REVOCATION,  SUSPENSION  OR
   16  DENIAL  provided for by this [chapter] SECTION may be assessed following
   17  a hearing or opportunity to be heard.
   18    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04804-01-1