Bill Text: NY A08213 | 2023-2024 | General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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
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--A 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 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 the13credit 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 21 statement accompanying the same, setting forth the action or proceeding 22 in which such moneys were collected, the name and residence of the 23 defendant, the nature of the offense, and the fines and penalty imposed. 24 The comptroller shall pay these funds into the [general fund of theEXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11358-03-4A. 8213--A 2 1state] conservation fund to the credit of the conservation enforcement 2 account established pursuant to subdivision (k) of section eighty-three 3 of the state finance law. 4 § 2. Section 83 of the state finance law is amended by adding a new 5 subdivision (k) to read as follows: 6 (k) All moneys, revenue, and interest thereon received and collected 7 pursuant to titles nineteen, twenty-one and twenty-seven of article 8 seventy-one of the environmental conservation law, and pursuant to 9 section 71-0211 of the environmental conservation law, other than those 10 amounts prescribed by law to be directed into other funds, shall be 11 deposited in a special account within the conservation fund to be known 12 as the conservation enforcement account. All of such moneys, revenues 13 and interest shall be available to the department of environmental 14 conservation, pursuant to appropriation, exclusively for funding the 15 enforcement of the environmental conservation law, including funding for 16 scientists, environmental law enforcement officers, attorneys, adminis- 17 trative support, and such other expenses the commissioner deems neces- 18 sary for such enforcement. Such money shall be used to supplement and 19 not supplant funding for the enforcement of the environmental conserva- 20 tion law as of the effective date of this subdivision. 21 § 3. Subdivision 1 of section 71-0213 of the environmental conserva- 22 tion law, as added by section 1 of part DDD of chapter 59 of the laws of 23 2009, is amended to read as follows: 24 1. Whenever proceedings result in a conviction for an offense under 25 this chapter there shall be levied, in addition to any sentence required 26 or permitted by law, the following mandatory surcharges: (a) in the 27 amount of twenty-five dollars for violations of sportfishing regulations 28 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one 29 hundred twelve dollars and fifty cents for all other offenses under this 30 chapter provided, however, that convictions for offenses under articles 31 seventeen, nineteen or twenty-seven of this chapter shall be subject to 32 a mandatory surcharge equal to the greater of [seventy-five dollars] one 33 hundred twelve dollars and fifty cents or [six] nine percent of any 34 penalty or fine imposed. The mandatory surcharge shall be paid to the 35 clerk of the court who shall remit such mandatory surcharge to the state 36 comptroller provided, however, that in cases where the conviction was 37 rendered by a town or a village justice court, the clerk of such court 38 shall pay twenty-five dollars of such surcharge to the chief fiscal 39 officer of the town or village in the case of surcharges resulting from 40 paragraph (b) of this subdivision and ten dollars in the case of 41 surcharges resulting from paragraph (a) of this subdivision and shall 42 pay the remaining amounts of such mandatory surcharges to the state 43 comptroller in the same manner as provided in section 71-0211 of this 44 article. The comptroller shall pay such monies into the state treasury 45 to the [credit of the general fund] conservation fund to the credit of 46 the conservation enforcement account established pursuant to subdivision 47 (k) of section eighty-three of the state finance law. 48 § 4. Section 71-0301 of the environmental conservation law, as amended 49 by chapter 400 of the law of 1973, is amended to read as follows: 50 § 71-0301. Summary abatement. 51 Notwithstanding any inconsistent provisions of law, whenever the 52 commissioner finds, after investigation, that any person is causing, 53 engaging in or maintaining a condition or activity which, in [his] the 54 judgment of the commissioner, presents an imminent danger to the health 55 or welfare of the people of the state or results in or is likely to 56 result in irreversible or irreparable damage to natural resources, andA. 8213--A 3 1 relates to the prevention and abatement powers of the commissioner and 2 it therefore appears to be prejudicial to the interests of the people of 3 the state to delay action until an opportunity for a hearing can be 4 provided, the commissioner may, without prior hearing, order such person 5 by notice, in writing wherever practicable or in such other form as in 6 the commissioner's judgment will reasonably notify such person whose 7 practices are intended to be proscribed, to discontinue, abate or alle- 8 viate such condition or activity, and thereupon such person shall imme- 9 diately discontinue, abate or alleviate such condition or activity. As 10 promptly as possible thereafter, not to exceed fifteen days, the commis- 11 sioner shall provide the person an opportunity to be heard and to pres- 12 ent proof that such condition or activity does not violate the 13 provisions of this section. The commissioner shall adopt any other 14 appropriate rules and regulations prescribing the procedure to be 15 followed in the issuance of such orders. Any person who violates any of 16 the provisions of, or who fails to perform any duty imposed by this 17 section, or any rule, regulation or order promulgated by the commission- 18 er hereunder, shall be liable to a civil penalty of not more than [twen-19ty-five hundred] three thousand seven hundred fifty dollars for each 20 such violation and an additional penalty of not more than [five] seven 21 hundred fifty dollars for each day during which such violation contin- 22 ues, and, in addition thereto, such person may be enjoined from continu- 23 ing such violation. Penalties and injunctive relief provided herein 24 shall be recoverable in an action brought by the attorney general at the 25 request and in the name of the commissioner. 26 § 5. Subdivisions 3 and 4 of section 71-0507 of the environmental 27 conservation law, subdivision 3 as amended by chapter 400 of the laws of 28 1973, are amended to read as follows: 29 3. Moneys received by a town justice or a village justice in any 30 action for a penalty brought under the provisions of this chapter listed 31 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon 32 the settlement or compromise thereof, or a fine for a violation of the 33 provisions of this chapter listed in section 71-0501 and titles 5 34 through 15 inclusive and title 33 of this article shall be paid to the 35 State Comptroller as provided in section 27 of the Town Law and section 36 4-410 of the village law. From the moneys so received, the State Comp- 37 troller shall pay all lawful fees for services rendered in such actions 38 when instituted by order of the department or upon information of a 39 conservation officer, regional and assistant regional conservation offi- 40 cer, special game protector, district ranger, forest ranger, or member 41 of the state police. The balance of such moneys arising from penalties 42 under articles 11 or 13 or title 9 of this article or upon the settle- 43 ment or compromise thereof or from fines for violations of any of the 44 provisions of articles 11 or 13 or title 9 of this article after the 45 payment of lawful fees shall be credited by the Comptroller to the 46 conservation fund. The Comptroller shall adjust and settle [his] their 47 account with the conservation fund in the manner provided by section 48 99-a of the State Finance Law. The balance of all other such moneys 49 after payment of lawful fees shall be credited by the Comptroller to the 50 [general fund] conservation fund to the credit of the conservation 51 enforcement account established pursuant to subdivision (k) of section 52 eighty-three of the state finance law. 53 4. All moneys received by any other person or court in an action for a 54 penalty brought under the provisions of this chapter listed in section 55 71-0501 and titles 5 through 15 inclusive and title 33 of this article 56 or upon the settlement or compromise thereof, or a fine for a violationA. 8213--A 4 1 of the provisions of this chapter listed in section 71-0501 and titles 5 2 through 15 inclusive and title 33 of this article, shall be paid by such 3 person or court to the department within thirty days after receipt ther- 4 eof. The department shall pay the expenses of collection and the lawful 5 fees of magistrates and constables for services performed in criminal 6 actions brought upon information of a conservation officer, regional and 7 assistant regional conservation officer, special game protector, 8 district ranger, forest ranger, or member of the state police. Such 9 moneys derived from fines or penalties for violations of articles 11 or 10 13 or title 9 of this article or from the settlement or compromise ther- 11 eof shall be paid by the department to the Commissioner of Taxation and 12 Finance and credited to the conservation fund. All other moneys so 13 received by the department shall be paid to the Commissioner of Taxation 14 and Finance and credited to the [general fund] conservation fund to the 15 credit of the conservation enforcement account established pursuant to 16 subdivision (k) of section eighty-three of the state finance law. 17 § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ- 18 mental conservation law, subdivisions 1, 2 and 6 as amended by chapter 19 602 of the laws of 2003, subdivision 9 as added by chapter 267 of the 20 laws of 2012 and subdivision 10 as added by chapter 330 of the laws of 21 2014, are amended to read as follows: 22 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this 23 section, any person who violates any provision of article 9 or the 24 rules, regulations or orders promulgated pursuant thereto or the terms 25 of any permit issued thereunder, or who fails to perform any duty 26 imposed by any provision thereof shall be guilty of a violation, and, 27 upon conviction, shall be punished by a fine of not more than [two28hundred fifty] three hundred seventy-five dollars, or by imprisonment 29 for not more than fifteen days, or by both such fine and imprisonment, 30 and in addition thereto shall be liable to a civil penalty of not less 31 than ten nor more than one hundred fifty dollars. 32 2. The violation of any of the provisions of the following sections 33 shall subject the person guilty thereof to the following civil penalties 34 in addition to the liability prescribed in subdivision 1 of this 35 section: 36 a. Section 9-1113 of this chapter, [two] three dollars per tree; 37 b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five] 38 thirty-seven dollars and fifty cents per day; 39 c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1 40 of section 9-1117 of this chapter, [ten] fifteen dollars per mile per 41 day; 42 d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile; 43 e. Subdivision 2 of section 9-1117 of this chapter, one hundred fifty 44 dollars per each offense; and 45 f. Section 9-1119 of this chapter, one hundred fifty dollars per day 46 per locomotive. 47 With respect to the penalty for violation of subdivision 4 of section 48 9-1105 of this chapter, the owner and every person engaged in such 49 cutting shall be liable therefor; however, the liability for penalty 50 shall not arise until the expiration of twenty days after service, 51 personally or by mail upon the alleged violator at [his] their last 52 known place of residence of a written notice of failure to comply with 53 the requirements of subdivision 4 of section 9-1105 of this chapter. 54 6. (a) In addition to any other penalty provided by law, any person 55 who violates subdivision 1 of section 9-0303 of this chapter shall be 56 liable to a civil penalty of [two hundred fifty] three hundred seventy-A. 8213--A 5 1 five dollars per tree or treble damages, based on the stumpage value of 2 such tree or both. Where the order or decision finds that the defendant 3 established by clear and convincing evidence, that when such defendant 4 committed the violation, [he or she] they had cause to believe that the 5 land was [his or her] their own, or that [he or she] such defendant had 6 an easement or right of way across such land which permitted such 7 action, damages shall be awarded on the basis of the stumpage value of 8 such tree or trees in the market as if they were privately owned. 9 Notwithstanding the foregoing, this section shall not be construed to 10 authorize the cutting of timber or removal of trees where such action 11 would otherwise be violative of any provision of the state constitution 12 or law. 13 (b) In addition to any other penalty provided by law, a person who 14 violates section 9-1501 of this chapter shall be liable for a civil 15 penalty of [two hundred fifty] three hundred seventy-five dollars per 16 tree or treble damages or both, based on the stumpage value of such tree 17 or trees. Where the order or decision finds that the defendant estab- 18 lished by clear and convincing evidence, that when such defendant 19 committed the violation, [he or she] they had cause to believe that the 20 land was [his or her] their own or that [he or she] such defendant had 21 an easement or right of way across such land which permitted such 22 action, damages shall be awarded on the basis of the stumpage value of 23 such tree or trees. Notwithstanding the foregoing, this section shall 24 not be construed to authorize the cutting of timber or removal of trees 25 where such action would otherwise be violative of any provision of the 26 state constitution or law. 27 (c) For purposes of this subdivision, "stumpage value" shall mean the 28 current fair market value of a tree as it stands prior to the time of 29 sale, cutting, or removal. Stumpage value shall be determined by one or 30 more of the following methods: the sale price of the tree in an arm's- 31 length sale, a review of solicited bids, the stumpage price report 32 prepared by the department of environmental conservation, comparison 33 with like sales on trees on state or private lands, or other appropriate 34 means to assure that a fair market value is established within an 35 acceptable range based on the appropriate geographic area. 36 9. a. Any person who transports, sells, imports or introduces invasive 37 species, in violation of the regulations promulgated pursuant to section 38 9-1709 of this chapter shall be subject to the following: 39 For any first violation in lieu of a penalty there may be issued a 40 written warning by the department and there may also be issued education 41 materials at the discretion of the department regarding requirements 42 related to invasive species. Such person shall, however, for any subse- 43 quent violation thereafter be subject to a fine of no less than [two44hundred fifty] three hundred seventy-five dollars. 45 b. Any nursery grower licensed pursuant to article fourteen of the 46 agriculture and markets law, any person who owns or operates a public 47 vessel as such term is defined in paragraph (a) of subdivision six of 48 section two of the navigation law, or any person who owns or operates a 49 commercial fishing vessel who transports, sells, imports or introduces 50 invasive species in violation of the regulations promulgated pursuant to 51 section 9-1709 of this chapter, shall be subject to a fine of not less 52 than [six] nine hundred dollars upon the first penalty. Upon the second 53 penalty such person shall be subject to a fine of not less than [two] 54 three thousand dollars. Upon a subsequent penalty and after a hearing or 55 opportunity to be heard upon due notice the following penalties may 56 apply: (i) such nursery grower may be subject to the revocation proce-A. 8213--A 6 1 dures of section one hundred sixty-three-c of the agriculture and 2 markets law (ii) such person's vessel registration may be suspended or 3 (iii) such person's fishing permit may be revoked by the department. 4 10. Any person who violates section 9-1710 of this chapter shall be 5 guilty of a violation and shall be punishable and liable to a civil 6 penalty as provided in subdivision one of this section, provided, howev- 7 er, that for any first violation in lieu of a penalty there shall be 8 issued a written warning by the department and there shall also be 9 issued education materials at the discretion of the department regarding 10 requirements related to invasive species. Such person shall be subject 11 to a fine of up to [one hundred fifty] two hundred seventy-five dollars 12 for a second offense, up to [two hundred fifty] three hundred seventy- 13 five dollars for a third offense, and no less than [two hundred fifty] 14 three hundred seventy-five dollars nor more than [one thousand] five 15 hundred dollars for a fourth or subsequent offense. 16 § 7. Section 71-0707 of the environmental conservation law is amended 17 to read as follows: 18 § 71-0707. Resisting or obstructing departmental agent or employee. 19 Any person who resists or obstructs an authorized agent or employee of 20 the department while [he] such agent or employee is engaged in carrying 21 out any provision of section 9-0305 shall be guilty of a violation which 22 shall be punishable by a fine not exceeding one hundred fifty dollars 23 and by an additional fine [of] not exceeding [twenty-five] thirty-seven 24 dollars and fifty cents for each additional day of such resistance or 25 obstruction. 26 § 8. Section 71-0709 of the environmental conservation law, as amended 27 by chapter 640 of the laws of 1977, is amended to read as follows: 28 § 71-0709. Injury to state lands. 29 Any person who intentionally or negligently causes a fire which burns 30 on or over state lands shall be liable to the state for treble damages 31 and, in addition, to a civil penalty of [ten] fifteen dollars for every 32 tree killed or destroyed by such fire. Damages to state lands and timber 33 shall be ascertained and determined at the same rate of value as if such 34 property were privately owned. 35 § 9. Section 71-0711 of the environmental conservation law, as amended 36 by chapter 640 of the laws of 1977, is amended to read as follows: 37 § 71-0711. Injury to municipal or private lands. 38 Any person who causes a fire which burns on or over lands belonging to 39 another person or to a municipality shall be liable to the party injured 40 (a) for actual damages in case of fire negligently caused or (b) for the 41 higher of actual damages or damages at the rate of [five] seven dollars 42 and fifty cents for each tree killed or destroyed in case of fire 43 wilfully caused. 44 § 10. Section 71-1105 of the environmental conservation law, as 45 amended by chapter 99 of the laws of 2010, is amended to read as 46 follows: 47 § 71-1105. Enforcement of subdivision 4 of section 15-0313. 48 Any violation of subdivision 4 of section 15-0313 shall be a 49 violation, punishable by a fine of not more than [one thousand eight] 50 two thousand seven hundred dollars, and in addition thereto, by a civil 51 penalty of not more than [one thousand eight] two thousand seven hundred 52 dollars. 53 § 11. Section 71-1107 of the environmental conservation law, as 54 amended by chapter 640 of the laws of 1977, is amended to read as 55 follows: 56 § 71-1107. Punishment for violations of title 5 of article 15.A. 8213--A 7 1 1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti- 2 tute a misdemeanor, punishable by a fine of not to exceed [ten] fifteen 3 thousand dollars, or by imprisonment not to exceed one year or by both 4 such fine and imprisonment and, in addition thereto, by a civil penalty 5 of not more than [five thousand] seven thousand five hundred dollars. 6 2. A subcontractor, employee or agent of such person or public corpo- 7 ration, or of a state department who knowingly and intentionally acts, 8 or a prime contractor of such person, public corporation or state 9 department who acts with or without an intention to violate the 10 provisions of title 5 of article 15, in disregard of specifications 11 provided in a construction contract protecting against stream damage, 12 shall be guilty of a violation punishable by a fine of not less than 13 [twenty-five] thirty-seven dollars and fifty cents, nor more than [two14hundred fifty] three hundred seventy-five dollars, or by imprisonment 15 for not more than fifteen days, or by both such fine and imprisonment, 16 and, in addition, thereto, by a civil penalty of not more than [five17thousand] seven thousand five hundred dollars. 18 § 12. Section 71-1109 of the environmental conservation law, as 19 amended by chapter 364 of the laws of 1999, is amended to read as 20 follows: 21 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507. 22 1. Any owner violating subdivision 1 of section 15-0507 or any regu- 23 lations promulgated pursuant thereto may be liable for a penalty not to 24 exceed [five] seven hundred fifty dollars for each and every offense; 25 every violation of such subdivision shall be a separate and distinct 26 offense; and in case of a continuing violation, every day's continuance 27 thereof shall be deemed a separate and distinct offense. 28 2. Any owner violating subdivision 4 of section 15-0507 may be liable 29 for a penalty not to exceed [five thousand] seven thousand five hundred 30 dollars for each and every offense; every violation of an order referred 31 to in such subdivision shall be a separate and distinct offense; and in 32 case of a continuing violation, every day's continuance thereof shall be 33 deemed a separate and distinct offense. 34 § 13. Section 71-1111 of the environmental conservation law, as 35 amended by chapter 364 of the laws of 1999, is amended to read as 36 follows: 37 § 71-1111. Enforcement of subdivision 3 of section 15-0511. 38 Any person or local public corporation violating subdivision 3 of 39 section 15-0511 may be liable for a penalty not to exceed [five thou-40sand] seven thousand five hundred dollars for each and every offense; 41 every violation of an order referred to in such subdivision shall be a 42 separate and distinct offense; and in case of a continuing violation, 43 every day's continuance thereof shall be deemed a separate and distinct 44 offense. 45 § 14. Subdivision 2 of section 71-1113 of the environmental conserva- 46 tion law, as added by chapter 356 of the laws of 1985, is amended to 47 read as follows: 48 2. Any person who violates the provisions of section 15-1506 of this 49 chapter or the rules, regulations, orders or determinations of the 50 commissioner promulgated thereto or the terms of any permit issued ther- 51 eunder, shall be liable for a civil penalty not less than [twenty-five] 52 three thousand seven hundred fifty dollars nor more than [ten] fifteen 53 thousand dollars per day of such violation. 54 § 15. Section 71-1115 of the environmental conservation law, as 55 amended by chapter 640 of the laws of 1977, is amended to read as 56 follows:A. 8213--A 8 1 § 71-1115. Enforcement of section 15-1525. 2 Any person violating the provisions of section 15-1525 shall be guilty 3 of a violation punishable by a fine of not more than one thousand five 4 hundred dollars, and in addition thereto, shall be liable for a civil 5 penalty of not more than [fifteen hundred] two thousand two hundred 6 fifty dollars. 7 § 16. Subdivisions 1 and 2 of section 71-1117 of the environmental 8 conservation law, as amended by chapter 640 of the laws of 1977, are 9 amended to read as follows: 10 1. Any person or public corporation violating subdivision 1 of section 11 15-1745, shall be guilty of a violation punishable by a fine of not more 12 than [five thousand] seven thousand five hundred dollars. 13 2. In addition, the department may, in an action instituted by it in 14 any court of competent jurisdiction, recover from any such person or 15 public corporation the sum of [one hundred fifty] two hundred twenty- 16 five dollars per day for each day that such person or public corporation 17 continues to take, draw, divert or make use of any part or portion of 18 such waters. 19 § 17. Section 71-1121 of the environmental conservation law, as 20 amended by chapter 640 of the laws of 1977, is amended to read as 21 follows: 22 § 71-1121. Enforcement of subdivision 2 of section 15-1947. 23 Violation of subdivision 2 of section 15-1947 shall constitute a 24 violation, punishable by a fine of not more than one thousand five 25 hundred dollars, and in addition thereto, a civil penalty of not more 26 than [fifteen hundred] two thousand two hundred fifty dollars. 27 § 18. Section 71-1123 of the environmental conservation law, as 28 amended by chapter 640 of the laws of 1977, is amended to read as 29 follows: 30 § 71-1123. Enforcement of section 15-2133. 31 1. Any neglect of the provisions of section 15-2133 by any officer or 32 person in charge of any reservoir shall be a violation punishable by a 33 fine of not more than one thousand five hundred dollars, and in addition 34 thereto, by a civil penalty of not more than [fifteen hundred] two thou- 35 sand two hundred fifty dollars. 36 2. Any person violating the provisions of subdivision 3 of section 37 15-2133 shall be guilty of a violation punishable by a fine of not more 38 than one thousand five hundred dollars, and in addition thereto, shall 39 be liable for a civil penalty of not more than [fifteen hundred] two 40 thousand two hundred fifty dollars. 41 § 19. Section 71-1125 of the environmental conservation law, as 42 amended by chapter 640 of the laws of 1977, is amended to read as 43 follows: 44 § 71-1125. Enforcement of section 15-2315. 45 Any person who violates the provisions of the first sentence of 46 section 15-2315 shall be guilty of a violation punishable by a fine of 47 not more than one thousand five hundred dollars, and in addition there- 48 to, shall be liable for a civil penalty of not more than [fifteen49hundred] two thousand two hundred fifty dollars. 50 § 20. Subdivision 1 of section 71-1127 of the environmental conserva- 51 tion law, as amended by chapter 401 of the laws of 2011, is amended to 52 read as follows: 53 1. Any person who violates any of the provisions of, or who fails to 54 perform any duty imposed by article 15 except section 15-1713, or who 55 violates or who fails to comply with any rule, regulation, determination 56 or order of the department heretofore or hereafter promulgated pursuantA. 8213--A 9 1 to article 15 except section 15-1713, or any condition of a permit 2 issued pursuant to article 15 of this chapter, or any determination or 3 order of the former water resources commission or the department hereto- 4 fore promulgated pursuant to former article 5 of the Conservation Law, 5 shall be liable for a civil penalty of not more than [two thousand five] 6 three thousand seven hundred fifty dollars for such violation and an 7 additional civil penalty of not more than [five] seven hundred fifty 8 dollars for each day during which such violation continues, and, in 9 addition thereto, such person may be enjoined from continuing such 10 violation as otherwise provided in article 15 except section 15-1713. 11 § 21. Section 71-1131 of the environmental conservation law, as added 12 by chapter 640 of the laws of 1977, is amended to read as follows: 13 § 71-1131. Violations; criminal liability. 14 Except as otherwise specifically provided, any person who violates any 15 of the provisions of article 15 of this chapter, or any rule, regulation 16 or order promulgated pursuant thereto, or the terms of any permit issued 17 thereunder shall be guilty of a violation punishable by a fine of not 18 more than [five] seven hundred fifty dollars. 19 § 22. Section 71-1203 of the environmental conservation law, as added 20 by chapter 384 of the laws of 1983, is amended to read as follows: 21 § 71-1203. Penalties. 22 Any person who violates the provisions of article twenty-two of this 23 chapter shall be subject to a civil penalty not to exceed [ten] fifteen 24 thousand dollars for each day during which such violation occurred; 25 provided, however, that the total penalty to be imposed shall not exceed 26 one million five hundred thousand dollars. 27 § 23. Subdivisions 1 and 3 of section 71-1307 of the environmental 28 conservation law, as amended by chapter 99 of the laws of 2010, are 29 amended to read as follows: 30 1. Administrative sanctions. Any person who violates any provision of 31 article 23 of this chapter or commits any offense described in section 32 71-1305 of this title shall be liable to the people of the state for a 33 civil penalty not to exceed [eight] twelve thousand dollars and an addi- 34 tional penalty of [two] three thousand dollars for each day during which 35 such violation continues, to be assessed by the commissioner after a 36 hearing or opportunity to be heard. The commissioner, acting by the 37 attorney general, may bring suit for collection of such assessed civil 38 penalty in any court of competent jurisdiction. Such civil penalty may 39 be released or compromised by the commissioner before the matter has 40 been referred to the attorney general; and where such matter has been 41 referred to the attorney general, any such penalty may be released or 42 compromised and any action commenced to recover the same may be settled 43 and discontinued by the attorney general with the consent of the commis- 44 sioner. In addition, the commissioner shall have the power, following a 45 hearing conducted pursuant to rules and regulations adopted by the 46 department, to direct the violator to cease the violation and reclaim 47 and repair the affected site to a condition acceptable to the commis- 48 sioner, to the extent possible within a reasonable time and under the 49 direction and supervision of the commissioner. Any such order of the 50 commissioner shall be enforceable in any action brought by the commis- 51 sioner in any court of competent jurisdiction. Any civil penalty or 52 order issued by the commissioner under this subdivision shall be review- 53 able in a proceeding under article seventy-eight of the civil practice 54 law and rules. 55 3. Criminal sanctions. Any person who, having any of the culpable 56 mental states defined in sections 15.05 and 20.20 of the penal law,A. 8213--A 10 1 violates any provision of article 23 of this chapter or commits any 2 offense described in section 71-1305 of this title shall be guilty of a 3 misdemeanor and, upon conviction thereof, shall be punished by a fine 4 not to exceed one thousand dollars for each day during which such 5 violation continues or by imprisonment for a term of not more than one 6 year, or by both such fine and imprisonment. If the conviction is for a 7 subsequent offense committed after a first conviction of such person 8 under this subdivision, punishment shall be by a fine not to exceed 9 [eight] twelve thousand dollars for each day during which such violation 10 continues or by imprisonment for a term of not more than one year, or by 11 both such fine and imprisonment. 12 § 24. Subdivision 1 of section 71-1707 of the environmental conserva- 13 tion law is amended to read as follows: 14 1. Any person who violates, disobeys or disregards any term or 15 provision of this chapter listed in section 71-1701, or of titles 17 16 through 21 inclusive of this article or of any lawful notice, order or 17 regulation pursuant thereto for which a civil penalty is not otherwise 18 expressly prescribed by law, shall be liable to the people of the state 19 for a civil penalty of not to exceed one thousand five hundred dollars 20 for every such violation. 21 § 25. Section 71-1711 of the environmental conservation law is amended 22 to read as follows: 23 § 71-1711. Willful violation of health laws. 24 1. A person who willfully violates or refuses or omits to comply with 25 any lawful order or regulation prescribed by any local board of health 26 or local health officer, is guilty of a misdemeanor; except, however, 27 that where such order or regulation applies to a tenant with respect to 28 [his] such tenant's own dwelling unit or to an owner occupied one or two 29 family dwelling, such person is guilty of an offense for the first 30 violation punishable by a fine not to exceed [fifty] seventy-five 31 dollars and for a second or subsequent violation is guilty of a misde- 32 meanor punishable by a fine not to exceed [five] seven hundred fifty 33 dollars or by imprisonment not to exceed six months or by both such fine 34 and imprisonment. 35 2. A person who willfully violates any provision of this chapter list- 36 ed in section 71-1701, or of titles 17 through 21 inclusive of this 37 article, or any regulation lawfully made or established by any public 38 officer or board under authority of such provisions, the punishment for 39 violating which is not otherwise prescribed by such provisions or any 40 other law, is punishable by imprisonment not exceeding one year, or by a 41 fine not exceeding [two] three thousand dollars or by both. 42 § 26. Section 71-1725 of the environmental conservation law, as 43 amended by chapter 400 of the laws of 1973, is amended to read as 44 follows: 45 § 71-1725. Assessment of Penalties. 46 The commissioner may assess any penalty prescribed for a violation of 47 or a failure to comply with any provision contained in this title or 48 listed in section 71-1701, or any lawful notice, order or regulation 49 prescribed by the commissioner under any such provision, one thousand 50 five hundred dollars for every such violation or failure, which penalty 51 may be assessed after a hearing or an opportunity to be heard. 52 § 27. Section 71-1905 of the environmental conservation law is amended 53 to read as follows: 54 § 71-1905. Enforcement of section 17-1705.A. 8213--A 11 1 Any person violating any provision of section 17-1705 shall forfeit to 2 the county where the violation occurred the sum of [fifty] seventy-five 3 dollars for every such violation. 4 § 28. Subdivision 1 of section 71-1907 of the environmental conserva- 5 tion law is amended to read as follows: 6 1. Every person violating any provision of section 17-1707 shall 7 forfeit to the municipality having a local board of health where the 8 violation occurs the sum of [twenty-five] thirty-seven dollars and fifty 9 cents for the first day when the violation takes place, and the sum of 10 [ten] fifteen dollars for every subsequent day that such violation is 11 repeated or continued. 12 § 29. Subdivision 2 of section 71-1909 of the environmental conserva- 13 tion law, as amended by section 35 of part C of chapter 62 of the laws 14 of 2003, is amended to read as follows: 15 2. Any person violating any provision of section 17-1709 shall be 16 guilty of a misdemeanor, and punishable by a fine of not more than 17 [seven hundred fifty] one thousand one hundred twenty-five dollars or by 18 imprisonment for not more than one year or by both such fine and impri- 19 sonment. 20 § 30. Section 71-1911 of the environmental conservation law, as 21 amended by section 36 of part C of chapter 62 of the laws of 2003, is 22 amended to read as follows: 23 § 71-1911. Enforcement of section 17-1711. 24 Any person violating any provision of section 17-1711 shall be guilty 25 of an offense, and punishable by a fine of not more than [seventy-five] 26 one hundred twelve dollars and fifty cents. 27 § 31. Subdivision 2 of section 71-1913 of the environmental conserva- 28 tion law is amended to read as follows: 29 2. Any person violating any provision of section 17-1713 shall be 30 guilty of a misdemeanor, and punishable by a fine of not more than 31 [five] seven hundred fifty dollars or by imprisonment for not more than 32 one year or by both such fine and imprisonment. 33 § 32. Subdivision 1 of section 71-1915 of the environmental conserva- 34 tion law is amended to read as follows: 35 1. Any person violating any provision of section 17-1715 shall be 36 guilty of a misdemeanor, and punishable by a fine of not more than 37 [five] seven hundred fifty dollars or by imprisonment for not more than 38 one year or by both such fine and imprisonment. 39 § 33. Subdivision 1 of section 71-1921 of the environmental conserva- 40 tion law is amended to read as follows: 41 1. Any person putting in or constructing or maintaining a conduit, 42 discharge pipe or other means of discharging or casting any refuse or 43 waste matter in violation of section 17-1729 shall forfeit to the people 44 of the state [five] seven dollars and fifty cents a day for each day the 45 same is used or maintained for such purpose, to be collected in an 46 action brought by the commissioner. 47 § 34. Subdivision 1 of section 71-1929 of the environmental conserva- 48 tion law, as amended by section 37 of part C of chapter 62 of the laws 49 of 2003, is amended to read as follows: 50 1. A person who violates any of the provisions of, or who fails to 51 perform any duty imposed by titles 1 through 11 inclusive and title 19 52 of article 17, or the rules, regulations, orders or determinations of 53 the commissioner promulgated thereto or the terms of any permit issued 54 thereunder, shall be liable to a penalty of not to exceed [thirty-seven55thousand five hundred] fifty-six thousand two hundred fifty dollars per 56 day for each violation, and, in addition thereto, such person may beA. 8213--A 12 1 enjoined from continuing such violation as hereinafter provided. 2 Violation of a permit condition shall constitute grounds for revocation 3 of such permit, which revocation may be accomplished either as provided 4 in paragraph f of subdivision 4 of section 17-0303 or by order of judg- 5 ment of the supreme court as an alternate or additional civil penalty in 6 an action brought pursuant to subdivision 3 of this section. 7 § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b 8 of subdivision 8 of section 71-1933 of the environmental conservation 9 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii 10 and iv of paragraph b of subdivision 8 as amended by section 39 of part 11 C of chapter 62 of the laws of 2003, are amended to read as follows: 12 1. Any person who, having any of the culpable mental states defined in 13 section 15.05 of the penal law, shall violate any of the provisions of 14 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules, 15 regulations, orders or determinations of the commissioner promulgated 16 thereto, or the terms of any permit issued thereunder, shall be guilty 17 of a misdemeanor and, upon conviction thereof, shall be punished by a 18 fine of not less than [three thousand seven hundred fifty] five thousand 19 six hundred twenty-five dollars nor more than [thirty-seven thousand20five hundred] fifty-six thousand two hundred fifty dollars per day of 21 violation or by imprisonment for a term of not more than one year, or by 22 both such fine and imprisonment. If the conviction is for an offense 23 committed after a first conviction of such person under this subdivi- 24 sion, punishment shall be by a fine of not more than [seventy-five thou-25sand] one hundred twelve thousand five hundred dollars per day of 26 violation, or by imprisonment for not more than two years, or by both. 27 i. [$750,000] $1,125,000 for a class C felony committed by an organ- 28 ization as defined in section 71-1932 of this title; 29 ii. [$375,000] $562,500 for a class C felony; 30 iii. [$75,000] $112,500 per day of continuing violation for a class E 31 felony defined under subdivision four of this section but in no event 32 less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony 33 defined under subdivision seven of this section; 34 iv. [$37,500] $56,250 per day of continuing violation for a class A 35 misdemeanor but in no event less than [$3,750] $5,625. 36 § 36. Paragraph b of subdivision 3 of section 71-1939 of the environ- 37 mental conservation law, as added by chapter 543 of the laws of 2010, is 38 amended to read as follows: 39 b. All fines and penalties collected pursuant to this subdivision 40 shall be paid to the district or county, provided, however, that one- 41 quarter of such fines and penalties received shall be paid to the 42 [general fund to the credit of the state purposes account] conservation 43 fund to the credit of the conservation enforcement account established 44 pursuant to subdivision (k) of section eighty-three of the state finance 45 law. 46 § 37. Subdivision 1 of section 71-1941 of the environmental conserva- 47 tion law, as amended by section 40 of part C of chapter 62 of the laws 48 of 2003, is amended to read as follows: 49 1. Except where the owner of or a person in actual or constructive 50 possession or control of more than one thousand one hundred gallons, in 51 bulk, of any liquid including petroleum which, if released, would or 52 would be likely to pollute the lands or waters of the state including 53 the groundwaters thereof can prove that the entry or presence of any 54 part of such liquid onto such lands or into or in such waters causing or 55 contributing to a condition therein in contravention of the standards 56 adopted or deemed adopted by the water pollution control board or any ofA. 8213--A 13 1 its legal successors was caused solely by (A) an act of God, (B) an act 2 of war, (C) negligence on the part of the United States or New York 3 State Government or (D) an act or omission of a third party without 4 regard to whether any such act or omission was or was not negligent, or 5 any combination of the foregoing clauses, such owner or person shall be 6 liable for a penalty of not more than [three thousand seven hundred7fifty] five thousand six hundred twenty-five dollars for an initial 8 incident resulting in or contributing to such a contravention and for an 9 additional penalty not to exceed [seven hundred fifty] one thousand one 10 hundred twenty-five dollars for each day during which such contravention 11 or contribution thereto continues, and in addition shall be liable to 12 the people of the state of New York for the actual costs incurred by or 13 on behalf of the people of the state for the removal or neutralization 14 of such liquid and for any and all reasonable measures taken or 15 attempted to reduce, limit or diminish the extent or effect of such 16 contravention. 17 § 38. Section 71-1943 of the environmental conservation law, as 18 amended by section 41 of part C of chapter 62 of the laws of 2003, is 19 amended to read as follows: 20 § 71-1943. Enforcement of section 17-1743. 21 Any person who fails to so notify the department of such release, 22 discharge or spill into the waters of the state as described in section 23 17-1743 of this chapter shall, upon conviction, be fined not more than 24 [three thousand seven hundred fifty] five thousand six hundred twenty- 25 five dollars or imprisoned for not more than one year, or both. 26 § 39. Section 71-1945 of the environmental conservation law, as added 27 by chapter 205 of the laws of 2010, is amended to read as follows: 28 § 71-1945. Enforcement of title 21 of article 17. 29 1. Except as otherwise provided in this section, any person who 30 violates any provision of title 21 of article 17 of this chapter or any 31 rule, regulation or order issued thereunder shall be liable to the 32 people of the state for a civil penalty not to exceed [five] seven 33 hundred fifty dollars for a first violation, and not to exceed one thou- 34 sand five hundred dollars for each subsequent violation, to be assessed 35 by the commissioner after a hearing or opportunity to be heard. 36 2. Any owner or owner's agent, or occupant of a household who violates 37 any provision of title 21 of article 17 of this chapter or any rule, 38 regulation or order issued thereunder shall, for a first violation be 39 issued a written warning and be provided educational materials. Upon a 40 second violation, the owner or owner's agent, or occupant of a household 41 shall be liable to the people of the state for a civil penalty not to 42 exceed one hundred fifty dollars, and for any subsequent violations 43 shall be liable to the people of the state for a civil penalty not to 44 exceed [two hundred fifty] three hundred twenty-five dollars. No owner 45 or owner's agent of a household shall be held liable for any violation 46 by an occupant. Such penalties may be assessed by the commissioner after 47 a hearing or opportunity to be heard. 48 § 40. Subdivision 1 of section 71-2103 of the environmental conserva- 49 tion law, as amended by chapter 99 of the laws of 2010, is amended to 50 read as follows: 51 1. Except as provided in section 71-2113, any person who violates any 52 provision of article nineteen or any code, rule or regulation which was 53 promulgated pursuant thereto; or any order except an order directing 54 such person to pay a penalty by a specified date issued by the commis- 55 sioner pursuant thereto, shall be liable, in the case of a first 56 violation, for a penalty not less than [five] seven hundred fiftyA. 8213--A 14 1 dollars nor more than [eighteen] twenty-seven thousand dollars for said 2 violation and an additional penalty of not to exceed [fifteen thousand] 3 twenty thousand five hundred dollars for each day during which such 4 violation continues. In the case of a second or any further violation, 5 the liability shall be for a penalty not to exceed [twenty-six] thirty- 6 nine thousand dollars for said violation and an additional penalty not 7 to exceed [twenty-two thousand five hundred] thirty-three thousand seven 8 hundred fifty dollars for each day during which such violation contin- 9 ues. In addition thereto, such person may be enjoined from continuing 10 such violation as hereinafter provided. 11 § 41. Subdivision 1 of section 71-2105 of the environmental conserva- 12 tion law, as amended by chapter 99 of the laws of 2010, is amended to 13 read as follows: 14 1. Except as provided in section 71-2113, any person who shall wilful- 15 ly violate any of the provisions of article 19 or any code, rule or 16 regulation promulgated pursuant thereto or any final determination or 17 order of the commissioner made pursuant to article 19 shall be guilty of 18 a misdemeanor, and, upon conviction thereof, shall be punished by a 19 fine, in the case of a first conviction, of not less than [five] seven 20 hundred fifty dollars nor more than [eighteen] twenty-seven thousand 21 dollars or by imprisonment for a term of not more than one year, or by 22 both such fine and imprisonment, for each separate violation. If the 23 conviction is for an offense committed after the first conviction of 24 such person under this subdivision, such person shall be punished by a 25 fine not to exceed [twenty-six] thirty-nine thousand dollars, or by 26 imprisonment, or by both such fine and imprisonment. Each day on which 27 such violation occurs shall constitute a separate violation. 28 § 42. Section 71-2111 of the environmental conservation law, as added 29 by chapter 400 of the laws of 1973, is amended to read as follows: 30 § 71-2111. Enforcement of air pollution emergency rules and regulations. 31 Any person who violates any of the provisions of any regulation 32 promulgated by the commissioner under authority of paragraph y of subdi- 33 vision one of section 3-0301 shall be liable for a civil penalty of not 34 more than [twenty-five] three thousand seven hundred fifty dollars for 35 each such violation and an additional penalty of not more than [five] 36 seven hundred fifty dollars for each day during which such violation 37 continues, and, in addition thereto, such persons may be enjoined from 38 continuing such violation. Penalties and injunctive relief provided 39 herein shall be recoverable in an action brought by the attorney general 40 at the request and in the name of the commissioner. 41 § 43. Section 71-2113 of the environmental conservation law, as added 42 by chapter 942 of the laws of 1984, subdivision 1 as amended by section 43 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of 44 the laws of 2003, is amended to read as follows: 45 § 71-2113. Violations of section 19-0304 of article 19 of this chapter. 46 1. Civil and administrative sanctions. Any person who violates any of 47 the provisions of, or who fails to perform any duty imposed by section 48 19-0304 of this chapter, or any rule or regulation promulgated pursuant 49 thereto, or any term or condition of any certificate or permit issued 50 pursuant thereto, or any final determination or order of the commission- 51 er made pursuant to article 19 of this chapter concerning a violation of 52 section 19-0304 of this chapter shall be liable in the case of a first 53 violation, for a civil penalty not to exceed [thirty-seven thousand five54hundred] fifty-six thousand two hundred fifty dollars and an additional 55 penalty of not more than [thirty-seven thousand five hundred] fifty-six 56 thousand two hundred fifty dollars for each day during which suchA. 8213--A 15 1 violation continues, to be assessed by the commissioner after an oppor- 2 tunity to be heard pursuant to the provisions of section 71-1709 of this 3 article, or by the court in any action or proceeding pursuant to section 4 71-2107 of this title, and, in addition thereto, such person may by 5 similar process be enjoined from continuing such violation and any 6 permit or certificate issued to such person may be revoked or suspended 7 or a pending renewal application denied. In the case of a second and any 8 further violation, the liability shall be for a civil penalty not to 9 exceed [seventy-five] one hundred twelve thousand five hundred dollars 10 for each such violation and an additional penalty not to exceed seven- 11 ty-five thousand dollars for each day during which such violation 12 continues. 13 2. Criminal sanctions. Any person who, having any of the culpable 14 mental states defined in section 15.05 of the penal law, shall violate 15 any of the provisions of or who fails to perform any duty imposed by 16 section 19-0304 of this chapter, or any rules and regulations promulgat- 17 ed pursuant thereto, or any term or condition of any certificate or 18 permit issued pursuant thereto, or any final determination or order of 19 the commissioner made pursuant to article 19 of this chapter concerning 20 a violation of section 19-0304 of this chapter shall be guilty of a 21 misdemeanor and, upon conviction thereof, shall for a first conviction 22 be 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 § 44. Section 71-2201 of the environmental conservation law, as added 31 by chapter 740 of the laws of 1978, the opening paragraph and subdivi- 32 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws 33 of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is 34 amended to read as follows: 35 § 71-2201. Enforcement of title 23 of article 23 of this chapter. 36 Administrative and civil sanctions. 1. Any person who violates any of 37 the provisions of, or who fails to perform any duty imposed by title 23 38 of article 23 except the duty to accept used oil pursuant to section 39 23-2307 or any person subject to section 23-2308 or any rule or regu- 40 lation promulgated pursuant thereto, or any term or condition of any 41 certificate or permit issued pursuant thereto, or any final determi- 42 nation or order of the commissioner made pursuant to this section shall 43 be liable for a civil penalty not to exceed one thousand five hundred 44 dollars for each such violation and an additional penalty of not more 45 than [five] seven hundred fifty dollars for each day during which such 46 violation continues, to be assessed by the commissioner after a hearing 47 or opportunity to be heard pursuant to the provisions of section 71-1709 48 of this chapter, and, in addition thereto, such person may by similar 49 process be enjoined from continuing such violation and any permit or 50 certificate issued to such person may be revoked or suspended or a pend- 51 ing renewal application denied. 52 2. Any person who refuses to accept used oil as required pursuant to 53 subdivision two of section 23-2307 shall be liable for a civil penalty 54 not to exceed one hundred fifty dollars.A. 8213--A 16 1 3. Any person who violates any provision of section 23-2308 of this 2 chapter shall be subject to a civil penalty not to exceed [two hundred3fifty] three hundred seventy-five dollars for each violation. 4 4. Notwithstanding any other provision of law, any person who shall 5 violate the provisions of paragraph [(c)] c of subdivision one of 6 section 23-2307 or paragraph [(d)] d of subdivision two of section 7 23-2307 of this chapter shall be liable for a civil penalty of not more 8 than [five] seven hundred fifty dollars, and an additional civil penalty 9 of not more than [five] seven hundred fifty dollars for each day during 10 which such violation continues, not to exceed [ten] fifteen thousand 11 dollars. 12 § 45. Section 71-2303 of the environmental conservation law, as 13 amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as 14 amended by section 15 of part QQ of chapter 58 of the laws of 2022, is 15 amended to read as follows: 16 § 71-2303. Violation; penalties. 17 1. Civil sanctions. a. Any person who violates, disobeys or disregards 18 any provision of article twenty-four, including title five and section 19 24-0507 thereof or any rule or regulation, local law or ordinance, 20 permit or order issued pursuant thereto, shall be liable to the people 21 of the state for a civil penalty of not to exceed [eleven] sixteen thou- 22 sand five hundred dollars for every such violation, to be assessed, 23 after a hearing or opportunity to be heard upon due notice and with the 24 rights to specification of the charges and representation by counsel at 25 such hearing, by the commissioner or local government or in an action 26 initiated by the attorney general pursuant to section 71-2305 of this 27 title or on the attorney general's own initiative. Each violation shall 28 be a separate and distinct violation and, in the case of a continuing 29 violation, each day's continuance thereof shall be deemed a separate and 30 distinct violation. Such penalty assessed by the commissioner or local 31 government may be recovered in an action brought by the attorney general 32 at the request and in the name of the commissioner or local government 33 in any court of competent jurisdiction. Such civil penalty may be 34 released or compromised by the commissioner or local government before 35 the matter has been referred to the attorney general; and where such 36 matter has been referred to the attorney general, any such penalty may 37 be released or compromised and any action commenced to recover the same 38 may be settled and discontinued by the attorney general with the consent 39 of the commissioner or local government. In addition, the commissioner 40 or local government shall have power, following a hearing held in 41 conformance with the procedures set forth in section 71-1709 of this 42 article, to direct the violator to cease violating the act and to 43 restore the affected freshwater wetland to its condition prior to the 44 violation, insofar as that is possible within a reasonable time and 45 under the supervision of the commissioner or local government. Any such 46 order of the commissioner or local government shall be enforceable in an 47 action brought by the attorney general at the request and in the name of 48 the commissioner or local government in any court of competent jurisdic- 49 tion. Any civil penalty or order issued by the commissioner or local 50 government pursuant to this subdivision shall be reviewable in a 51 proceeding pursuant to article seventy-eight of the civil practice law 52 and rules. 53 b. Upon determining that significant damage to the functions and bene- 54 fits of a freshwater wetland is occurring or is imminent as a result of 55 any violation of article twenty-four of this chapter, including but not 56 limited to (i) activity taking place requiring a permit under articleA. 8213--A 17 1 twenty-four of this chapter but for which no permit has been granted or 2 (ii) failure on the part of a permittee to adhere to permit conditions, 3 the commissioner or local government shall have power to direct the 4 violator to cease and desist from violating the act. In such cases the 5 violator shall be provided an opportunity to be heard within ten days of 6 receipt of the notice to cease and desist. 7 2. Criminal sanctions. Any person who violates any provision of arti- 8 cle twenty-four of this chapter, including any rule or regulation, local 9 law or ordinance, permit or order issued pursuant thereto, shall, in 10 addition, for the first offense, be guilty of a violation punishable by 11 a fine of not less than [two] three thousand nor more than [five] seven 12 thousand five hundred dollars; for a second and each subsequent offense 13 [he] such person shall be guilty of a misdemeanor punishable by a fine 14 of not less than [four] six thousand nor more than [ten] fifteen thou- 15 sand dollars or a term of imprisonment of not less than fifteen days nor 16 more than six months or both. In addition to these punishments, any 17 offender may be punishable by being ordered by the court to restore the 18 affected freshwater wetland or adjacent area to its condition prior to 19 the offense, insofar as that is possible. The court shall specify a 20 reasonable time for the completion of such restoration, which shall be 21 effected under the supervision of the commissioner or local government. 22 Each offense shall be a separate and distinct offense and, in the case 23 of a continuing offense, each day's continuance thereof shall be deemed 24 a separate and distinct offense. 25 3. All fines collected pursuant to this section shall be paid into the 26 environmental protection fund established pursuant to section ninety- 27 two-s of the state finance law. 28 § 46. Paragraph a of subdivision 1 and subdivision 2 of section 29 71-2503 of the environmental conservation law, as amended by chapter 666 30 of the laws of 1989, are amended to read as follows: 31 a. Any person who violates, disobeys or disregards any provision of 32 article twenty-five shall be liable to the people of the state for a 33 civil penalty of not to exceed [ten] fifteen thousand dollars for every 34 such violation, to be assessed, after a hearing or opportunity to be 35 heard, by the commissioner. Each violation shall be a separate and 36 distinct violation and, in the case of a continuing violation, each 37 day's continuance thereof shall be deemed a separate and distinct 38 violation. The penalty may be recovered in an action brought by the 39 commissioner in any court of competent jurisdiction. Such civil penalty 40 may be released or compromised by the commissioner before the matter has 41 been referred to the attorney general; and where such matter has been 42 referred to the attorney general, any such penalty may be released or 43 compromised and any action commenced to recover the same may be settled 44 and discontinued by the attorney general with the consent of the commis- 45 sioner. 46 2. Criminal sanctions. Any person who violates any provision of arti- 47 cle twenty-five shall, in addition, for the first offense, be guilty of 48 a violation punishable by a fine of not less than [five] seven hundred 49 fifty nor more than [five] seven thousand five hundred dollars; for a 50 second and each subsequent offense such person shall be guilty of a 51 misdemeanor punishable by a fine of not less than one thousand nor more 52 than [ten] fifteen thousand dollars or a term of imprisonment of not 53 less than fifteen days nor more than six months or both. In addition to 54 or instead of these punishments, any offender shall be punishable by 55 being ordered by the court to restore the affected tidal wetland or area 56 immediately adjacent thereto to its condition prior to the offense,A. 8213--A 18 1 insofar as that is possible. The court shall specify a reasonable time 2 for the completion of the restoration, which shall be effected under the 3 supervision of the commissioner. Each offense shall be a separate and 4 distinct offense and, in the case of a continuing offense, each day's 5 continuance thereof shall be deemed a separate and distinct offense. 6 § 47. Section 71-2505 of the environmental conservation law, as 7 amended by chapter 249 of the laws of 1997, is amended to read as 8 follows: 9 § 71-2505. Enforcement. 10 The attorney general, on [his] their own initiative or at the request 11 of the commissioner, shall prosecute persons who violate article twen- 12 ty-five. In addition the attorney general, on [his] their own initi- 13 ative or at the request of the commissioner, shall have the right to 14 recover a civil penalty of up to [ten] fifteen thousand dollars for 15 every violation of any provision of such article, and to seek equitable 16 relief to restrain any violation or threatened violation of such article 17 and to require the restoration of any affected tidal wetland or area 18 immediately adjacent thereto to its condition prior to the violation, 19 insofar as that is possible, within a reasonable time and under the 20 supervision of the commissioner. In the case of a continuing violation, 21 each day's continuance thereof shall be deemed a separate and distinct 22 violation. 23 § 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental 24 conservation law, subdivisions 1 and 2 as amended by chapter 508 of the 25 laws of 1995, paragraph a of subdivision 1 as amended by section 25, 26 subparagraphs i and ii of paragraph b of subdivision 1 as amended by 27 section 26, paragraph a and subparagraphs i and ii of paragraph b of 28 subdivision 2 as amended by section 27, subparagraphs i and ii of para- 29 graph c of subdivision 2 as amended by section 28 and subdivision 3 as 30 amended by section 29 of part C of chapter 62 of the laws of 2003, are 31 amended to read as follows: 32 1. Civil and administrative sanctions. a. Any person who violates any 33 of the provisions of, or who fails to perform any duty imposed by title 34 3 or 7 of article 27 of this chapter or any rule or regulation promul- 35 gated pursuant thereto, or any term or condition of any certificate or 36 permit issued pursuant thereto, or any final determination or order of 37 the commissioner made pursuant to this title shall be liable for a civil 38 penalty not to exceed [seven thousand five hundred] eleven thousand two 39 hundred fifty dollars for each such violation and an additional penalty 40 of not more than [one thousand five hundred] two thousand two hundred 41 fifty dollars for each day during which such violation continues, to be 42 assessed by the commissioner after an opportunity to be heard pursuant 43 to the provisions of section 71-1709 of this article, or by the court in 44 any action or proceeding pursuant to section 71-2727 of this title, and, 45 in addition thereto, such person may by similar process be enjoined from 46 continuing such violation and any permit or certificate issued to such 47 person may be revoked or suspended or a pending renewal application 48 denied. 49 b. i. Any person who violates any of the provisions of, or who fails 50 to perform any duty imposed by, title 3 or 7 of article 27 of this chap- 51 ter, or any rule or regulation promulgated pursuant thereto, or any term 52 or condition of any certificate or permit issued pursuant thereto and 53 thereby causes the release of solid waste into the environment, shall be 54 liable for a civil penalty not to exceed [eleven thousand two hundred55fifty] sixteen thousand eight hundred seventy-five dollars for each such 56 violation and an additional penalty of not more than [eleven thousandA. 8213--A 19 1two hundred fifty] sixteen thousand eight hundred seventy-five dollars 2 for each day during which such violation continues, to be assessed by 3 the commissioner after an opportunity to be heard pursuant to the 4 provisions of section 71-1709 of this article, or by the court in any 5 action or proceeding pursuant to section 71-2727 of this title, and, in 6 addition thereto, such person may by similar process be enjoined from 7 continuing such violation and any permit or certificate issued to such 8 person may be revoked or suspended or a pending renewal application 9 denied. 10 ii. Any person who violates any of the provisions of, or who fails to 11 perform any duty imposed by, title 3 or 7 of article 27 of this chapter, 12 or any rule or regulation promulgated pursuant thereto, or any term or 13 condition of any certificate or permit issued pursuant thereto and 14 thereby causes the release of more than ten cubic yards of solid waste 15 into the environment, shall be liable for a civil penalty not to exceed 16 [twenty-two thousand five hundred] thirty-three thousand seven hundred 17 fifty dollars for each such violation and an additional penalty of not 18 more than [twenty-two thousand five hundred] thirty-three thousand seven 19 hundred fifty dollars for each day during which such violation contin- 20 ues, to be assessed by the commissioner after an opportunity to be heard 21 pursuant to the provisions of section 71-1709 of this article, or by the 22 court in any action or proceeding pursuant to section 71-2727 of this 23 title, and, in addition thereto, such person may by similar process be 24 enjoined from continuing such violation and any permit or certificate 25 issued to such person may be revoked or suspended or a pending renewal 26 application denied. 27 c. The court in any action or proceeding pursuant to section 71-2727 28 of this chapter may exercise all powers exercisable by the commissioner. 29 2. Criminal sanctions. a. Any person who, having any of the culpable 30 mental states defined in section 15.05 of the penal law, shall violate 31 any of the provisions of or who fails to perform any duty imposed by 32 title 3 or 7 of article 27 of this chapter, or any rules and regulations 33 promulgated pursuant thereto, or any final determination or order of the 34 commissioner made pursuant to this title shall be guilty of a violation 35 and, upon conviction thereof, shall be punished by a fine of not less 36 than [one thousand five hundred] two thousand two hundred fifty dollars 37 nor more than [fifteen] twenty-two thousand five hundred dollars per day 38 of violation or by imprisonment for not more than fifteen days or by 39 both such fine and imprisonment. 40 b. i. Any person who shall violate paragraph a of this subdivision and 41 thereby causes or attempts to cause the release of more than ten cubic 42 yards of solid waste into the environment shall be guilty of a class B 43 misdemeanor and, upon conviction thereof, shall be punished by a fine of 44 not less than [three thousand seven hundred fifty] five thousand six 45 hundred twenty-five dollars per day nor more than [twenty-two thousand46five hundred] thirty-three thousand seven hundred fifty dollars per day 47 of violation, or by imprisonment for a term in accordance with the penal 48 law, or by both such fine and imprisonment. 49 ii. Any person who shall violate paragraph a of this subdivision and 50 thereby causes or attempts to cause the release of more than ten cubic 51 yards of solid waste into the environment, after having been convicted 52 of a violation of this subdivision within the preceding five years, 53 shall be guilty of a class A misdemeanor and, upon conviction thereof, 54 shall be punished by a fine of not less than [three thousand seven55hundred fifty] five thousand six hundred twenty-five dollars per day nor 56 more than [thirty-seven thousand five hundred] fifty-six thousand twoA. 8213--A 20 1 hundred fifty dollars per day of violation, or by imprisonment for a 2 term in accordance with the penal law, or by both such fine and impri- 3 sonment. 4 c. i. Any person who shall violate paragraph a of this subdivision and 5 thereby causes or attempts to cause the release of more than seventy 6 cubic yards of solid waste into the environment shall be guilty of a 7 class A misdemeanor and, upon conviction thereof, shall be punished by a 8 fine of not less than [three thousand seven hundred fifty] five thousand 9 six hundred twenty-five dollars per day nor more than [thirty-seven10thousand five hundred] fifty-six thousand two hundred fifty dollars per 11 day of violation, or by imprisonment for a term in accordance with the 12 penal law, or by both such fine and imprisonment. 13 ii. Any person who shall violate paragraph a of this subdivision and 14 thereby causes or attempts to cause the release of more than seventy 15 cubic yards of solid waste into the environment, after having been 16 convicted of a violation of this subdivision within the preceding five 17 years, shall be guilty of a class E felony and, upon conviction thereof, 18 shall be punished by a fine of not less than [seven thousand five19hundred] eleven thousand two hundred fifty dollars per day nor more than 20 [seventy-five] one hundred twelve thousand five hundred dollars per day 21 of violation, or by imprisonment for a term in accordance with the penal 22 law, or by both such fine and imprisonment. 23 3. Additional sanctions. Any person who violates any of the provisions 24 of, or who fails to perform any duty imposed by title 7 of article 27, 25 with regard to the construction and operation of facilities for the 26 disposal of construction and demolition debris or any rule or regulation 27 promulgated pursuant thereto, or any term or condition of any certif- 28 icate or permit issued pursuant thereto or any final determination or 29 order of the commissioner made pursuant to this title shall be liable 30 for a civil penalty not to exceed [fifteen] twenty-two thousand five 31 hundred dollars and each day of such deposition shall constitute a sepa- 32 rate violation and said civil penalty is in addition to any other fines 33 or penalties which may be applied pursuant to this title. 34 § 49. Section 71-2705 of the environmental conservation law, as added 35 by chapter 550 of the laws of 1980, subdivision 1 as amended by section 36 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of 37 the laws of 2003, is amended to read as follows: 38 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap- 39 ter. 40 1. Civil and administrative sanctions. Any person who violates any of 41 the provisions of, or who fails to perform any duty imposed by titles 9, 42 11 and 13 of article 27 or any rule or regulation promulgated pursuant 43 thereto, or any term or condition of any certificate or permit issued 44 pursuant thereto, or any final determination or order of the commission- 45 er made pursuant to this title shall be liable in the case of a first 46 violation, for a civil penalty not to exceed [thirty-seven thousand five47hundred] fifty-six thousand two hundred fifty dollars and an additional 48 penalty of not more than [thirty-seven thousand five hundred] fifty-six 49 thousand two hundred fifty dollars for each day during which such 50 violation continues, to be assessed by the commissioner after an oppor- 51 tunity to be heard pursuant to the provisions of section 71-1709 of this 52 article, or by the court in any action or proceeding pursuant to section 53 71-2727 of this title, and, in addition thereto, such person may by 54 similar process be enjoined from continuing such violation and any 55 permit or certificate issued to such person may be revoked or suspended 56 or a pending renewal application denied. In the case of a second and anyA. 8213--A 21 1 further violation, the liability shall be for a civil penalty not to 2 exceed [seventy-five] one hundred twelve thousand five hundred dollars 3 for each such violation and an additional penalty not to exceed [seven-4ty-five] one hundred twelve thousand five hundred dollars for each day 5 during which such violation continues. 6 2. Criminal sanctions. Any person who, having any of the culpable 7 mental states defined in section 15.05 of the penal law, shall violate 8 any of the provisions of or who fails to perform any duty imposed by 9 titles 9, 11 and 13 of article 27 or any rules and regulations promul- 10 gated pursuant thereto, or any term or condition of any certificate or 11 permit issued pursuant thereto, or any final determination or order of 12 the commissioner made pursuant to this title shall be guilty of a misde- 13 meanor and, upon conviction thereof, shall for a first conviction be 14 punished by a fine not to exceed [thirty-seven thousand five hundred] 15 fifty-six thousand two hundred fifty dollars per day of violation or by 16 imprisonment for a term of not more than one year, or both such fine and 17 imprisonment. If the conviction is for an offense committed after a 18 first conviction of such person under this subdivision, punishment shall 19 be by a fine not to exceed [seventy-five] one hundred twelve thousand 20 five hundred dollars per day of violation, or by imprisonment for not 21 more than two years or by both such fine and imprisonment. 22 § 50. Subdivision 2 of section 71-2721 of the environmental conserva- 23 tion law, as amended by section 32 of part C of chapter 62 of the laws 24 of 2003, is amended to read as follows: 25 2. Fines. A sentence to pay a fine shall be a sentence to pay an 26 amount fixed by the court, not exceeding the higher of: 27 (a) [Three] Four hundred fifty thousand dollars for a class C felony; 28 (b) [Two hundred twenty-five thousand] Three hundred thirty-seven 29 thousand five hundred dollars for a class D felony; 30 (c) [One hundred fifty thousand] Twenty-two thousand five hundred 31 dollars for a class E felony; 32 (d) [Thirty-seven thousand five hundred] Fifty-six thousand two 33 hundred fifty dollars for a class A misdemeanor; 34 (e) [Fifteen] Twenty-two thousand five hundred dollars for a class B 35 misdemeanor; or 36 (f) Double the amount of the defendant's gain from the commission of 37 the crime. 38 § 51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental 39 conservation law, subdivision 1 as amended by section 33 and subdivision 40 2 as amended by section 34 of part C of chapter 62 of the laws of 2003, 41 and subdivision 5 as added by chapter 152 of the laws of 1990, are 42 amended to read as follows: 43 1. Any person who knowingly or intentionally violates any of the 44 provisions or fails to perform any duty imposed by section 27-1701 of 45 this chapter, except the duty to accept a lead-acid battery pursuant to 46 subdivision four of such section, shall be liable for a civil penalty 47 not to exceed [seventy-five] one hundred twelve dollars and fifty cents 48 for each violation, provided that such civil penalty shall be in addi- 49 tion to any other penalties authorized under other state or local laws 50 governing the illegal disposal of lead-acid batteries. 51 2. Any retailer or distributor who refuses to accept a lead-acid 52 battery as required pursuant to subdivision four of section 27-1701 of 53 this chapter shall be liable for a civil penalty not to exceed [seven54hundred fifty] one thousand one hundred twenty-five dollars. 55 5. All civil penalties and fines collected for any violation of such 56 title seventeen shall be paid over to the commissioner for deposit inA. 8213--A 22 1 the [general fund] conservation fund to the credit of the conservation 2 enforcement account established pursuant to subdivision (k) of section 3 eighty-three of the state finance law; provided however, that all civil 4 penalties collected for any violation of such title seventeen which have 5 been imposed by the environmental control board of the city of New York, 6 or a local adjudicatory body pursuant to subdivision four of this 7 section, shall be paid into an environmental fund of such city or local- 8 ity. 9 § 52. Subdivisions 1 and 2 of section 71-2724 of the environmental 10 conservation law, as amended by chapter 30 of the laws of 2020, are 11 amended to read as follows: 12 1. Any person who knowingly or intentionally violates any provision of 13 or fails to perform any duty pursuant to title twenty-one of article 14 twenty-seven of this chapter, except subdivision one of section 27-2105 15 of this chapter, shall upon the first finding of such a violation be 16 liable for a civil penalty not to exceed one hundred fifty dollars. Any 17 person convicted of a second or subsequent violation shall be liable for 18 a civil penalty not to exceed [five] seven hundred fifty dollars for 19 each violation. 20 2. Any person who knowingly or intentionally violates or fails to 21 perform any duty imposed by subdivision one of section 27-2105 of this 22 chapter shall upon the first finding of such a violation be provided 23 with educational materials describing the requirements for mercury 24 disposal and the effects of improper mercury disposal, and be warned 25 that future violations shall result in the imposition of a fine. Any 26 person convicted of a second violation shall be liable for a civil 27 penalty not to exceed [fifty] seventy-five dollars. Any person convicted 28 of a third violation shall be liable for a civil penalty not to exceed 29 [seventy-five] one hundred twelve dollars and fifty cents. Any person 30 convicted of a fourth or subsequent violation shall be liable for a 31 civil penalty not to exceed one hundred dollars for each violation. 32 § 53. Subdivision 1 of section 71-2728 of the environmental conserva- 33 tion law, as added by chapter 641 of the laws of 2008, is amended to 34 read as follows: 35 1. Any person who knowingly or intentionally violates any provision of 36 or fails to perform any duty imposed pursuant to title 27 of article 27 37 of this chapter shall upon the first finding of such a violation be 38 provided with a warning that future violations shall result in the impo- 39 sition of a fine. Any person convicted of a second violation shall be 40 liable for a civil penalty not to exceed one hundred fifty dollars. Any 41 person convicted of a third or subsequent violation shall be liable for 42 a civil penalty not to exceed [five] seven hundred fifty dollars. 43 § 54. Section 71-2729 of the environmental conservation law, as added 44 by chapter 99 of the laws of 2010, is amended to read as follows: 45 § 71-2729. Enforcement of title 26 of article 27 of this chapter. 46 1. a. Any consumer, as defined in title twenty-six of article twenty- 47 seven of this chapter, who violates any provision of, or fails to 48 perform any duty imposed by, section 27-2611 of this chapter, shall be 49 liable for a civil penalty not to exceed one hundred fifty dollars for 50 each violation. 51 b. Any person, except a consumer, manufacturer, or an owner or opera- 52 tor of an electronic waste collection site, electronic waste consol- 53 idation facility, or electronic waste recycling facility as these terms 54 are defined in title twenty-six of article twenty-seven of this chapter, 55 who violates any provision, or fails to perform any duty imposed by 56 section 27-2611 of this chapter, shall be liable for a civil penalty notA. 8213--A 23 1 to exceed [two hundred fifty] three hundred seventy-five dollars for 2 each violation. 3 c. Any manufacturer, or any person operating an electronic waste 4 collection site, an electronic waste consolidation facility, or an elec- 5 tronic waste recycling facility as those terms are defined in title 6 twenty-six of article twenty-seven of this chapter, who: 7 i. fails to submit any report, registration, fee, or surcharge to the 8 department as required by title twenty-six of article twenty-seven of 9 this chapter shall be liable for a civil penalty not to exceed one thou- 10 sand five hundred dollars for each day such report, registration, fee, 11 or surcharge is not submitted; and 12 ii. violates any other provision of title twenty-six of article twen- 13 ty-seven of this chapter or fails to perform any duty imposed by such 14 title, except for subdivision four of section 27-2603 of this chapter, 15 shall be liable for a civil penalty for each violation not to exceed one 16 thousand five hundred dollars for the first violation, [two thousand17five hundred] three thousand seven hundred fifty dollars for the second 18 violation and [five] seven thousand five hundred dollars for the third 19 and subsequent violations of this title within a twelve-month period. 20 d. Any retailer, as defined by section 27-2601 of this chapter, who 21 violates any provision of title twenty-six of article twenty-seven of 22 this chapter or fails to perform any duty imposed by such title, shall 23 be liable for a civil penalty for each violation not to exceed [two24hundred fifty] three hundred seventy-five dollars for the first 25 violation, [five] seven hundred fifty dollars for the second violation 26 and one thousand five hundred dollars for the third and subsequent 27 violations of this title in a twelve-month period. 28 e. Civil penalties under this section shall be assessed by the commis- 29 sioner after a hearing or opportunity to be heard pursuant to the 30 provisions of section 71-1709 of this article, or by the court in any 31 action or proceeding pursuant to this section, and, in addition thereto, 32 such person may by similar process be enjoined from continuing such 33 violation. 34 2. All penalties collected pursuant to this section shall be paid over 35 to the commissioner for deposit to the environmental protection fund 36 established pursuant to section ninety-two-s of the state finance law. 37 § 55. Subdivisions 1 and 3 of section 71-2907 of the environmental 38 conservation law, as amended by chapter 285 of the laws of 2000, are 39 amended to read as follows: 40 1. Administrative sanctions. Except as otherwise provided in this 41 subdivision, any person who violates any provision of article 33 of this 42 chapter or any rule, regulation or order issued thereunder or commits 43 any offense described in section 33-1301 of this chapter shall be liable 44 to the people of the state for a civil penalty not to exceed [five] 45 seven thousand five hundred dollars for a first violation, and not to 46 exceed [ten] fifteen thousand dollars for a subsequent offense, to be 47 assessed by the commissioner after a hearing or opportunity to be heard. 48 Notwithstanding any provision of law to the contrary, an owner or 49 owner's agent of a multiple dwelling or owner, owner's agent or a person 50 in a position of authority for all other types of premises, as such 51 terms are defined in paragraph d of subdivision five of section 33-0905 52 of this chapter, who violates any provision of a local law adopted 53 pursuant to subdivision one of section 33-1004 of this chapter relating 54 to paragraph b of such subdivision, and a person, who violates any 55 provision of a local law adopted pursuant to subdivision one of section 56 33-1004 of this chapter relating to paragraph c of such subdivision, andA. 8213--A 24 1 a person who violates the provisions of subdivision three of section 2 three hundred ninety-c of the social services law shall, for a first 3 such violation, in lieu of a penalty, be issued a written warning and 4 shall also be issued educational materials pursuant to subdivision two 5 of section 33-1005 of this chapter. Such person shall, however, for a 6 second violation, be liable to the people of the state for a civil 7 penalty not to exceed one hundred fifty dollars, and not to exceed [two8hundred fifty] three hundred seventy-five dollars for any subsequent 9 violation, such penalties to be assessed by the commissioner after a 10 hearing or opportunity to be heard. 11 Notwithstanding any provision of law to the contrary, any person who 12 violates the provisions of a local law adopted pursuant to subdivision 13 one of section 33-1004 of this chapter relating to paragraph a of such 14 subdivision, shall be issued a warning for the first violation and shall 15 be provided seven days to correct such violation; and shall be liable to 16 the people of the state for a civil penalty not to exceed one hundred 17 fifty dollars for a second violation, and not to exceed [two hundred18fifty] three hundred seventy-five dollars for a subsequent violation, to 19 be assessed by the commissioner after a hearing or opportunity to be 20 heard. The commissioner, acting by the attorney general, may bring suit 21 for collection of such assessed civil penalty in any court of competent 22 jurisdiction. Such civil penalty may be released or compromised by the 23 commissioner before the matter has been referred to the attorney gener- 24 al; and where such matter has been referred to the attorney general, any 25 such penalty may be released or compromised and any action commenced to 26 recover the same may be settled and discontinued by the attorney general 27 with the consent of the commissioner. Any civil penalty assessed by the 28 commissioner under this subdivision shall be reviewable in a proceeding 29 under article 78 of the civil practice law and rules. 30 3. Criminal sanctions. Any person who, having the culpable mental 31 states defined in subdivision one or two of section 15.05 or in section 32 20.20 of the penal law, violates any provision of article 33 of this 33 chapter or any rule, regulation thereunder or commits any offense 34 described in section 33-1301 of this chapter, except an offense relating 35 to the application of a general use pesticide shall be guilty of a 36 misdemeanor and, upon conviction thereof, shall be punished by a fine 37 not to exceed [five] seven thousand five hundred dollars for each day 38 during which such violation continues or by imprisonment for a term of 39 not more than one year, or by both such fine and imprisonment. If the 40 conviction is for a subsequent offense committed after a first 41 conviction of such person under this subdivision, punishment shall be by 42 a fine not to exceed [ten] fifteen thousand dollars for each day during 43 which such violation continues or by imprisonment for a term of not more 44 than one year, or by both such fine and imprisonment. When a violation 45 consists of the manufacture or production of any prohibited article, 46 each day during which or any part of which such manufacture or 47 production is carried on or continued, shall be deemed a separate 48 violation. Any person who violates any provision of article 33 of this 49 chapter or any rule or regulation thereunder or commits any offense 50 described in section 33-1301 of this chapter relating to the use of a 51 general use pesticide shall be guilty of a violation and, upon 52 conviction thereof, shall be punished by a fine not to exceed [twenty-53five hundred] three thousand seven hundred fifty dollars. If the 54 conviction is for a subsequent offense committed after the first such 55 conviction of such person under this subdivision, punishment shall be by 56 a fine not to exceed [five] seven thousand five hundred dollars. Prose-A. 8213--A 25 1 cution hereunder may be conducted by either the attorney general or the 2 district attorney consistent with section 71-0403 of this article. With 3 respect to violations of section 33-1004 of this chapter, penalties 4 imposed pursuant to this subdivision may be assessed only against a 5 person providing a commercial lawn application. 6 § 56. Section 71-3103 of the environmental conservation law is amended 7 to read as follows: 8 § 71-3103. Enforcement of article 35. 9 Any person who violates any of the provisions of, or who fails to 10 perform any duties imposed by article 35 or any regulation promulgated 11 by the commissioner thereunder, shall be liable to a civil penalty of 12 not more than [twenty-five hundred] three thousand seven hundred fifty 13 dollars for each such violation and an additional penalty of not more 14 than [five] seven hundred fifty dollars for each day during which such 15 violation continues, and, in addition thereto, such person may be 16 enjoined from continuing such violation. Penalties and injunctive relief 17 provided herein shall be recoverable in an action brought by the Attor- 18 ney General at the request and in the name of the commissioner. 19 § 57. Subdivision 1 of section 71-3303 of the environmental conserva- 20 tion law, as added by chapter 617 of the laws of 1987, is amended to 21 read as follows: 22 1. Any person who violates any provision of, or fails to perform any 23 duty imposed by article forty-three of this chapter or any rule or regu- 24 lation promulgated pursuant thereto, or any term or condition of any 25 certificate or permit issued pursuant thereto, or any final determi- 26 nation or order of the Lake George park commission made pursuant to 27 article forty-three of this chapter shall be liable for a civil penalty 28 not to exceed [five] seven hundred fifty dollars for each such violation 29 and an additional penalty of [five] seven hundred fifty dollars for each 30 day during which such violation continues, to be assessed by the Lake 31 George park commission after an opportunity to be heard, or by the court 32 in any action or proceeding initiated by the attorney general in the 33 name of the Lake George park commission. In addition thereto, such 34 person may, by similar process, be enjoined from continuing such 35 violation, and any permit or certificate issued to such person may be 36 revoked or suspended, or a pending renewal application denied based upon 37 such violation. 38 § 58. Section 71-3307 of the environmental conservation law, as added 39 by chapter 617 of the laws of 1987, is amended to read as follows: 40 § 71-3307. Criminal sanctions. 41 Any person who, having any of the culpable mental states defined in 42 section 15.05 of the penal law, shall violate any of the provisions of 43 or who fails to perform any duty imposed by article forty-three of this 44 chapter or any rules or regulations promulgated thereto, or any final 45 determination or order of the Lake George park commission shall be guil- 46 ty of a violation, and, upon conviction thereof, shall be punished by a 47 fine not to exceed [five] seven hundred fifty dollars for each violation 48 and [five] seven hundred fifty dollars for each day such violation shall 49 continue. 50 § 59. Section 71-3501 of the environmental conservation law is amended 51 to read as follows: 52 § 71-3501. Putting noisome or unwholesome substances or maintaining 53 noisome business on or near highway. 54 A person, who deposits, leaves or keeps, on or near a highway or route 55 of public travel, either on the land or on the water, any noisome or 56 unwholesome substance, or establishes, maintains or carries on, upon orA. 8213--A 26 1 near a public highway or route of public travel, either on the land or 2 on the water, any business, trade or manufacture which is noisome or 3 detrimental to public health, is guilty of a misdemeanor, punishable by 4 a fine of not less than one hundred fifty dollars, or by imprisonment 5 not less than three nor more than six months, or both. 6 § 60. Section 71-3703 of the environmental conservation law, as 7 amended by chapter 259 of the laws of 2011, subdivision 4 as amended by 8 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of 9 the laws of 2021, and subdivision 6 as added by chapter 111 of the laws 10 of 2023, is amended to read as follows: 11 § 71-3703. Enforcement of article 37. 12 1. Any person who violates any of the provisions of, or who fails to 13 perform any duty imposed by section 37-0107 or any rule or regulation 14 promulgated pursuant hereto, shall be liable for a civil penalty not to 15 exceed [two thousand five hundred] three thousand seven hundred fifty 16 dollars for each such violation and an additional penalty of not more 17 than [five] seven hundred fifty dollars for each day during which such 18 violation continues, and, in addition thereto, such person may be 19 enjoined from continuing such violation. 20 2. Any person who violates any of the provisions of, or who fails to 21 perform any duty imposed by section 37-0505 or any rule or regulation 22 promulgated pursuant hereto, shall be liable for a civil penalty not to 23 exceed one thousand five hundred dollars for each day during which such 24 violation continues, and in addition thereto, such person may be 25 enjoined from continuing such violation. Such person shall for a second 26 violation be liable to the people of the state for a civil penalty not 27 to exceed [two thousand five hundred] three thousand seven hundred fifty 28 dollars for each day during which such violation continues. 29 3. Any person who violates any of the provisions of, or who fails to 30 perform any duty imposed by section 37-0705 or any rule or regulation 31 promulgated pursuant hereto, shall be liable for a civil penalty not to 32 exceed one thousand five hundred dollars for each day during which such 33 violation continues, and in addition thereto, such person may be 34 enjoined from continuing such violation. Such person shall for a second 35 violation be liable to the people of the state for a civil penalty not 36 to exceed [two thousand five hundred] three thousand seven hundred fifty 37 dollars for each day during which such violation continues. 38 4. Any person who violates any of the provisions of, or who fails to 39 perform any duty imposed by section 37-0117 or any rule or regulation 40 promulgated pursuant hereto, shall be liable for a civil penalty not to 41 exceed one thousand five hundred dollars for each day during which such 42 violation continues, and in addition thereto, such person may be 43 enjoined from continuing such violation. Such person shall for a second 44 violation be liable to the people of the state for a civil penalty not 45 to exceed [two thousand five hundred] three thousand seven hundred fifty 46 dollars for each day during which such violation continues. 47 5. Any person who violates any of the provisions of or who fails to 48 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter 49 or any rule or regulation promulgated pursuant hereto, shall be liable 50 for a civil penalty not to exceed one thousand five hundred dollars for 51 each day during which such violation continues, and in addition thereto, 52 such person may be enjoined from continuing such violation. Such person 53 shall for a second violation be liable to the people of the state for a 54 civil penalty not to exceed [two thousand five hundred] three thousand 55 seven hundred fifty dollars for each day during which such violation 56 continues.A. 8213--A 27 1 6. Any person who violates any of the provisions of, or who fails to 2 perform any duty imposed by section 37-0121 of this chapter or any rule 3 or regulation promulgated pursuant hereto, shall be liable for a civil 4 penalty not to exceed one thousand five hundred dollars for each day 5 during which such violation continues, and in addition thereto, such 6 person may be enjoined from continuing such violation. Such person shall 7 for a second violation be liable to the people of the state for a civil 8 penalty not to exceed [two thousand five hundred] three thousand seven 9 hundred fifty dollars for each day during which such violation contin- 10 ues. 11 § 61. Section 71-3803 of the environmental conservation law, as added 12 by chapter 713 of the laws of 1975, is amended to read as follows: 13 § 71-3803. Enforcement of article thirty-eight. 14 Any person who violates any of the provisions of, or who fails to 15 perform any duty imposed by article thirty-eight or any regulation 16 promulgated by the commissioner thereunder, shall be liable to a civil 17 penalty of not more than [twenty-five hundred] three thousand seven 18 hundred fifty dollars for each such violation and an additional penalty 19 of not more than [five] seven hundred fifty dollars for each day during 20 which such violation continues, and, in addition thereto, such person 21 may be enjoined from continuing such violation. Penalties and injunctive 22 relief provided herein shall be recoverable in an action brought by the 23 attorney general acting alone or at the request of the commissioner. 24 § 62. Section 71-3903 of the environmental conservation law, as added 25 by chapter 732 of the laws of 1980, is amended to read as follows: 26 § 71-3903. Violations; penalties. 27 1. Administrative sanctions. Any person who violates, disobeys or 28 disregards any provision of article thirty-nine shall be liable to the 29 people of the state for a civil penalty of not to exceed [three] four 30 thousand five hundred dollars for every such violation, to be assessed 31 by the commissioner after a hearing or opportunity to be heard. The 32 penalty may be recovered in an action brought by the commissioner in any 33 court of competent jurisdiction. Such civil penalty may be released or 34 [comprised] compromised by the commissioner before the matter has been 35 referred to the attorney general; and where such matter has been 36 referred to the attorney general, any such penalty may be released or 37 [comprised] compromised and any action commenced to recover the same may 38 be settled and discontinued by the attorney general with the consent of 39 the commissioner. In addition, the commissioner shall have power, 40 following a hearing, to direct the violator to cease [his] their 41 violation of article thirty-nine and, where appropriate, to recall any 42 sewage system cleaners or additives sold or distributed in violation of 43 said article. Any such order of the commissioner shall be enforceable in 44 an action brought by the commissioner in any court of competent juris- 45 diction. Any civil penalty or order issued by the commissioner under 46 this subdivision shall be reviewable in a proceeding under article 47 seventy-eight of the civil practice law and rules commenced within thir- 48 ty days of such penalty or order. 49 2. Criminal sanctions. Any person who knowingly violates any provision 50 of section 39-0105 of this chapter shall, in addition to the sanctions 51 provided in subdivision one of this section, for the first offense, be 52 guilty of a violation punishable by a fine of not less than [five] seven 53 hundred fifty nor more than one thousand five hundred dollars; for a 54 second and each subsequent offense [he] such person shall be guilty of a 55 misdemeanor punishable by a fine of not less than one thousand five 56 hundred nor more than [three] four thousand five hundred dollars or aA. 8213--A 28 1 term of imprisonment of not more than six months or both. In addition to 2 or instead of these sanctions, any offender shall be punishable by being 3 ordered by the court to recall any sewage system cleaners or additives 4 sold or distributed in violation of article thirty-nine. The court shall 5 specify a reasonable time for the completion of the recall. Each offense 6 shall be a separate and distinct offense and, in the case of a continu- 7 ing offense, each day's continuance thereof shall be deemed a separate 8 and distinct offense. 9 § 63. Section 71-3905 of the environmental conservation law, as added 10 by chapter 732 of the laws of 1980, is amended to read as follows: 11 § 71-3905. Enforcement. 12 The attorney general or a district attorney, at the request of the 13 attorney general or the commissioner, may prosecute persons who violate 14 article thirty-nine. In addition the attorney general, on [his] their 15 own initiative or at the request of the commissioner, shall have the 16 right to recover a civil penalty of not to exceed [three] four thousand 17 five hundred dollars for every violation of any provision of said arti- 18 cle, and to seek equitable relief to restrain any violation or threat- 19 ened violation of such article and to require the recall of any sewage 20 system cleaners or additives sold or distributed in violation of said 21 article. 22 § 64. Section 71-4001 of the environmental conservation law, as 23 amended by chapter 99 of the laws of 2010, is amended to read as 24 follows: 25 § 71-4001. General criminal penalty. 26 Except as otherwise specifically provided elsewhere in this chapter or 27 in the penal law, (a) a person who violates any provision of this chap- 28 ter, or any rule, regulation or order promulgated pursuant thereto, or 29 the terms or conditions of any permit issued thereunder, shall be guilty 30 of a violation; (b) each day on which such violation occurs shall 31 constitute a separate violation; and (c) for each such violation the 32 person shall be subject upon conviction to imprisonment for not more 33 than fifteen days or to a fine of not more than [nine] one thousand 34 three hundred fifty dollars, or to both such imprisonment and such fine. 35 § 65. Section 71-4003 of the environmental conservation law, as 36 amended by chapter 99 of the laws of 2010, is amended to read as 37 follows: 38 § 71-4003. General civil penalty. 39 Except as otherwise specifically provided elsewhere in this chapter, a 40 person who violates any provision of this chapter, or any rule, regu- 41 lation or order promulgated pursuant thereto, or the terms or conditions 42 of any permit issued thereunder, shall be liable to a civil penalty of 43 not more than one thousand five hundred dollars, and an additional civil 44 penalty of not more than one thousand five hundred dollars for each day 45 during which each such violation continues. Any civil penalty provided 46 for by this chapter may be assessed following a hearing or opportunity 47 to be heard. 48 § 66. Section 71-4103 of the environmental conservation law, as 49 amended by chapter 608 of the laws of 1993, is amended to read as 50 follows: 51 § 71-4103. Enforcement of article seventy-two. 52 Any person who violates any of the provisions of article seventy-two 53 of this chapter or the regulations promulgated thereunder shall be 54 liable for a civil penalty of up to one thousand five hundred dollars in 55 addition to any amount assessed as a penalty pursuant to subdivision 56 five of section 72-0201 of this chapter, except that any person whoA. 8213--A 29 1 fails to pay fees required pursuant to section 72-0303 of this chapter 2 shall be subject to penalty provisions pursuant to subdivision twelve of 3 section 72-0201 of this chapter. 4 § 67. Section 71-4303 of the environmental conservation law, as added 5 by chapter 672 of the laws of 1986, is amended to read as follows: 6 § 71-4303. Violations of article forty of this chapter. 7 1. Civil and administrative sanctions. Any person who violates any of 8 the provisions of, or who fails to perform any duty imposed by, article 9 forty of this chapter or any rule or regulation promulgated thereunder, 10 or any terms or conditions of any certificate or permit issued pursuant 11 thereto, or any final determination or order of the commissioner made 12 pursuant to this title, shall be liable in the case of a civil penalty 13 not to exceed twenty-five thousand dollars and an additional penalty of 14 not more than twenty-five thousand dollars for each day during which 15 such violation continues, to be assessed by the commissioner after an 16 opportunity to be heard pursuant to the provisions of section 71-1709 of 17 this article or by a court in any action or proceeding pursuant to this 18 title, and, in addition thereto such person may by similar process be 19 enjoined from continuing such violation. In addition, upon the provision 20 of notice stating the grounds for its action and giving an opportunity 21 for hearing, the commissioner may revoke, suspend or deny a certificate 22 or a renewal of a certificate issued pursuant to article forty of this 23 chapter. In the case of a second violation, the liability shall be for a 24 civil penalty not to exceed [fifty] seventy-five thousand dollars for 25 such violation and an additional penalty not to exceed [fifty] seventy- 26 five thousand dollars for each day during which such violation contin- 27 ues. 28 2. Criminal sanctions. Any person who, having any of the culpable 29 mental states defined in section 15.05 of the penal law, shall violate 30 any of the provisions of or who fails to perform any duty imposed by 31 article forty of this chapter or any rules or regulations promulgated 32 pursuant thereto, or any term or condition of any certificate or permit 33 issued pursuant thereto, or any final determination or order of the 34 commissioner made pursuant to this title shall be guilty of a misdemea- 35 nor and, upon conviction thereof, shall for a first conviction be 36 punished by a fine not to exceed [twenty-five] thirty-seven thousand 37 five hundred dollars per day of violation or by imprisonment for a term 38 of not more than one year, or by both such fine and imprisonment. If the 39 conviction is for an offense committed after a first conviction of such 40 person under this subdivision, punishment shall be by a fine not to 41 exceed [fifty] seventy-five thousand dollars per day of violation, or by 42 imprisonment for not more than two years or by both such fine and impri- 43 sonment. 44 § 68. Section 71-4402 of the environmental conservation law, as added 45 by chapter 180 of the laws of 1989, is amended to read as follows: 46 § 71-4402. Violations of title 15 of article 27 of this chapter. 47 1. Civil and administrative sanctions. 48 Any person who violates any of the provisions of, or who fails to 49 perform any duty imposed by title 15 of article 27 of this chapter, or 50 any rule or regulation promulgated pursuant thereto, or any term or 51 condition of any certificate or permit issued pursuant thereto, or any 52 final determination or order of the commissioner made pursuant to this 53 title shall be liable in the case of a first violation, for a civil 54 penalty not to exceed [twenty-five] thirty-seven thousand five hundred 55 dollars and an additional penalty of not more than [twenty-five] thir- 56 ty-seven thousand five hundred dollars for each day during which suchA. 8213--A 30 1 violation continues, to be assessed by the commissioner after an oppor- 2 tunity to be heard pursuant to the provisions of section 71-1709 of this 3 chapter, or by the court in any action or proceeding pursuant to section 4 71-2727 of this chapter, and, in addition thereto, such persons may by 5 similar process be enjoined from continuing such violation and any 6 permit or certificate issued to such person may be revoked or suspended 7 or a pending renewal application denied. In the case of a second and any 8 further violation, the liability shall be for a civil penalty not to 9 exceed [fifty] seventy-five thousand dollars for each such violation and 10 an additional penalty not to exceed [fifty] seventy-five thousand 11 dollars for each day during which such violation continues. 12 2. Criminal sanctions. 13 a. Any person who violates any of the provisions of or who fails to 14 perform any duty imposed by title 15 of article 27 of this chapter or 15 any rules and regulations promulgated pursuant thereto, or any term or 16 condition of any certificate or permit issued pursuant thereto, or any 17 final determination or order of the commissioner made pursuant to this 18 title shall be guilty of a violation and, upon conviction thereof, shall 19 be punished by a fine not to exceed [five] seven thousand five hundred 20 dollars per day of violation, or by imprisonment for a term of not more 21 than fifteen days, or by both such fine and imprisonment. 22 b. Any person who, intentionally, knowingly, or recklessly shall 23 violate any of the provisions of or who fails to perform any duty 24 imposed by title 15 of article 27 of this chapter or any rules and regu- 25 lations promulgated pursuant thereto, or any term or condition of any 26 certificate or permit issued pursuant thereto, or any final determi- 27 nation or order of the commissioner made pursuant to this title shall be 28 guilty of a class B misdemeanor and, upon conviction thereof, shall for 29 a first conviction be punished by a fine not to exceed [fifteen] twen- 30 ty-two thousand five hundred dollars per day of violation or by impri- 31 sonment for a term of not more than ninety days, or both such fine and 32 imprisonment. If the conviction is for an offense committed after a 33 first conviction of such person under this paragraph, within the preced- 34 ing five years, such person shall be guilty of a class A misdemeanor and 35 upon conviction, punishment shall be by a fine not to exceed [fifty] 36 seventy-five thousand five hundred dollars per day of violation, or by 37 imprisonment for not more than one year or by both such fine and impri- 38 sonment. 39 § 69. Subdivision 2 of section 71-4411 of the environmental conserva- 40 tion law, as added by chapter 180 of the laws of 1989, is amended to 41 read as follows: 42 2. Fines. A sentence to pay a fine shall be a sentence to pay any 43 amount fixed by the court, not exceeding the higher of: 44 (a) [one hundred fifty] two hundred twenty-five thousand dollars for a 45 class D felony; 46 (b) one hundred thousand dollars for a class E felony; 47 (c) [fifty] seventy-five thousand dollars for a class A misdemeanor; 48 (d) [fifteen] twenty-two thousand five hundred dollars for a class B 49 misdemeanor; or 50 (e) double the amount of the defendant's gain from the commission of 51 the crime. 52 § 70. This act shall take effect immediately.
