Bill Text: NY A08213 | 2023-2024 | General Assembly | Amended
Bill Title: Provides for the disposition of certain fees and penalties; directs such fees to a conservation enforcement account in the state conservation fund.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2024-05-10 - print number 8213b [A08213 Detail]
Download: New_York-2023-A08213-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8213--B 2023-2024 Regular Sessions IN ASSEMBLY October 27, 2023 ___________ Introduced by M. of A. KELLES, LEE, EPSTEIN, LEVENBERG, SHIMSKY, SIMON -- read once and referred to the Committee on Environmental Conserva- tion -- recommitted to the Committee on Environmental Conservation in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said commit- tee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law and the state finance law, in relation to the disposition of certain fees and penalties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 71-0211 of the environ- 2 mental conservation law, subdivision 1 as amended by chapter 60 of the 3 laws of 1993, subdivision 2 as amended by chapter 460 of the laws of 4 1991, are amended to read as follows: 5 1. Notwithstanding any other provisions of law to the contrary, all 6 fines and penalties collected pursuant to title nineteen of this arti- 7 cle, except amounts required to be paid into the conservation fund 8 pursuant to subdivision two of section 71-1929 of such title; title 9 twenty-one of this article; title twenty-seven of this article, except 10 amounts required to be paid into the hazardous waste remedial fund 11 pursuant to subdivision two of section 71-2725 of such title; and title 12 forty-one of this article shall be paid into the [general fund to 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11358-05-4A. 8213--B 2 1 statement accompanying the same, setting forth the action or proceeding 2 in which such moneys were collected, the name and residence of the 3 defendant, the nature of the offense, and the fines and penalty imposed. 4 The comptroller shall pay these funds into the [general fund of the5state] conservation fund to the credit of the conservation enforcement 6 account established pursuant to subdivision (k) of section eighty-three 7 of the state finance law. 8 § 2. Section 83 of the state finance law is amended by adding a new 9 subdivision (k) to read as follows: 10 (k) All moneys, revenue, and interest thereon received and collected 11 pursuant to titles nineteen, twenty-one and twenty-seven of article 12 seventy-one of the environmental conservation law, and pursuant to 13 section 71-0211 of the environmental conservation law, other than those 14 amounts prescribed by law to be directed into other funds, shall be 15 deposited in a special account within the conservation fund to be known 16 as the conservation enforcement account. All of such moneys, revenues 17 and interest shall be available to the department of environmental 18 conservation, pursuant to appropriation, exclusively for funding the 19 enforcement of the environmental conservation law, including funding for 20 scientists, environmental law enforcement officers, attorneys, adminis- 21 trative support, and such other expenses the commissioner deems neces- 22 sary for such enforcement. Such money shall be used to supplement and 23 not supplant funding for the enforcement of the environmental conserva- 24 tion law as of the effective date of this subdivision. 25 § 3. Subdivision 1 of section 71-0213 of the environmental conserva- 26 tion law, as added by section 1 of part DDD of chapter 59 of the laws of 27 2009, is amended to read as follows: 28 1. Whenever proceedings result in a conviction for an offense under 29 this chapter there shall be levied, in addition to any sentence required 30 or permitted by law, the following mandatory surcharges: (a) in the 31 amount of twenty-five dollars for violations of sportfishing regulations 32 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one 33 hundred twelve dollars and fifty cents for all other offenses under this 34 chapter provided, however, that convictions for offenses under articles 35 seventeen, nineteen or twenty-seven of this chapter shall be subject to 36 a mandatory surcharge equal to the greater of [seventy-five dollars] one 37 hundred twelve dollars and fifty cents or [six] nine percent of any 38 penalty or fine imposed. The mandatory surcharge shall be paid to the 39 clerk of the court who shall remit such mandatory surcharge to the state 40 comptroller provided, however, that in cases where the conviction was 41 rendered by a town or a village justice court, the clerk of such court 42 shall pay twenty-five dollars of such surcharge to the chief fiscal 43 officer of the town or village in the case of surcharges resulting from 44 paragraph (b) of this subdivision and ten dollars in the case of 45 surcharges resulting from paragraph (a) of this subdivision and shall 46 pay the remaining amounts of such mandatory surcharges to the state 47 comptroller in the same manner as provided in section 71-0211 of this 48 article. The comptroller shall pay such monies into the state treasury 49 to the [credit of the general fund] conservation fund to the credit of 50 the conservation enforcement account established pursuant to subdivision 51 (k) of section eighty-three of the state finance law. 52 § 4. Section 71-0301 of the environmental conservation law, as amended 53 by chapter 400 of the law of 1973, is amended to read as follows: 54 § 71-0301. Summary abatement. 55 Notwithstanding any inconsistent provisions of law, whenever the 56 commissioner finds, after investigation, that any person is causing,A. 8213--B 3 1 engaging in or maintaining a condition or activity which, in [his] the 2 judgment of the commissioner, presents an imminent danger to the health 3 or welfare of the people of the state or results in or is likely to 4 result in irreversible or irreparable damage to natural resources, and 5 relates to the prevention and abatement powers of the commissioner and 6 it therefore appears to be prejudicial to the interests of the people of 7 the state to delay action until an opportunity for a hearing can be 8 provided, the commissioner may, without prior hearing, order such person 9 by notice, in writing wherever practicable or in such other form as in 10 the commissioner's judgment will reasonably notify such person whose 11 practices are intended to be proscribed, to discontinue, abate or alle- 12 viate such condition or activity, and thereupon such person shall imme- 13 diately discontinue, abate or alleviate such condition or activity. As 14 promptly as possible thereafter, not to exceed fifteen days, the commis- 15 sioner shall provide the person an opportunity to be heard and to pres- 16 ent proof that such condition or activity does not violate the 17 provisions of this section. The commissioner shall adopt any other 18 appropriate rules and regulations prescribing the procedure to be 19 followed in the issuance of such orders. Any person who violates any of 20 the provisions of, or who fails to perform any duty imposed by this 21 section, or any rule, regulation or order promulgated by the commission- 22 er hereunder, shall be liable to a civil penalty of not more than [twen-23ty-five hundred] three thousand seven hundred fifty dollars for each 24 such violation and an additional penalty of not more than [five] seven 25 hundred fifty dollars for each day during which such violation contin- 26 ues, and, in addition thereto, such person may be enjoined from continu- 27 ing such violation. Penalties and injunctive relief provided herein 28 shall be recoverable in an action brought by the attorney general at the 29 request and in the name of the commissioner. 30 § 5. Subdivisions 3 and 4 of section 71-0507 of the environmental 31 conservation law, subdivision 3 as amended by chapter 400 of the laws of 32 1973, are amended to read as follows: 33 3. Moneys received by a town justice or a village justice in any 34 action for a penalty brought under the provisions of this chapter listed 35 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon 36 the settlement or compromise thereof, or a fine for a violation of the 37 provisions of this chapter listed in section 71-0501 and titles 5 38 through 15 inclusive and title 33 of this article shall be paid to the 39 State Comptroller as provided in section 27 of the Town Law and section 40 4-410 of the village law. From the moneys so received, the State Comp- 41 troller shall pay all lawful fees for services rendered in such actions 42 when instituted by order of the department or upon information of a 43 conservation officer, regional and assistant regional conservation offi- 44 cer, special game protector, district ranger, forest ranger, or member 45 of the state police. The balance of such moneys arising from penalties 46 under articles 11 or 13 or title 9 of this article or upon the settle- 47 ment or compromise thereof or from fines for violations of any of the 48 provisions of articles 11 or 13 or title 9 of this article after the 49 payment of lawful fees shall be credited by the Comptroller to the 50 conservation fund. The Comptroller shall adjust and settle [his] their 51 account with the conservation fund in the manner provided by section 52 99-a of the State Finance Law. The balance of all other such moneys 53 after payment of lawful fees shall be credited by the Comptroller to the 54 [general fund] conservation fund to the credit of the conservation 55 enforcement account established pursuant to subdivision (k) of section 56 eighty-three of the state finance law.A. 8213--B 4 1 4. All moneys received by any other person or court in an action for a 2 penalty brought under the provisions of this chapter listed in section 3 71-0501 and titles 5 through 15 inclusive and title 33 of this article 4 or upon the settlement or compromise thereof, or a fine for a violation 5 of the provisions of this chapter listed in section 71-0501 and titles 5 6 through 15 inclusive and title 33 of this article, shall be paid by such 7 person or court to the department within thirty days after receipt ther- 8 eof. The department shall pay the expenses of collection and the lawful 9 fees of magistrates and constables for services performed in criminal 10 actions brought upon information of a conservation officer, regional and 11 assistant regional conservation officer, special game protector, 12 district ranger, forest ranger, or member of the state police. Such 13 moneys derived from fines or penalties for violations of articles 11 or 14 13 or title 9 of this article or from the settlement or compromise ther- 15 eof shall be paid by the department to the Commissioner of Taxation and 16 Finance and credited to the conservation fund. All other moneys so 17 received by the department shall be paid to the Commissioner of Taxation 18 and Finance and credited to the [general fund] conservation fund to the 19 credit of the conservation enforcement account established pursuant to 20 subdivision (k) of section eighty-three of the state finance law. 21 § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ- 22 mental conservation law, subdivisions 1, 2 and 6 as amended by chapter 23 602 of the laws of 2003, subdivision 9 as added by chapter 267 of the 24 laws of 2012 and subdivision 10 as added by chapter 330 of the laws of 25 2014, are amended to read as follows: 26 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this 27 section, any person who violates any provision of article 9 or the 28 rules, regulations or orders promulgated pursuant thereto or the terms 29 of any permit issued thereunder, or who fails to perform any duty 30 imposed by any provision thereof shall be guilty of a violation, and, 31 upon conviction, shall be punished by a fine of not more than [two32hundred fifty] three hundred seventy-five dollars, or by imprisonment 33 for not more than fifteen days, or by both such fine and imprisonment, 34 and in addition thereto shall be liable to a civil penalty of not less 35 than ten nor more than one hundred fifty dollars. 36 2. The violation of any of the provisions of the following sections 37 shall subject the person guilty thereof to the following civil penalties 38 in addition to the liability prescribed in subdivision 1 of this 39 section: 40 a. Section 9-1113 of this chapter, [two] three dollars per tree; 41 b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five] 42 thirty-seven dollars and fifty cents per day; 43 c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1 44 of section 9-1117 of this chapter, [ten] fifteen dollars per mile per 45 day; 46 d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile; 47 e. Subdivision 2 of section 9-1117 of this chapter, one hundred fifty 48 dollars per each offense; and 49 f. Section 9-1119 of this chapter, one hundred fifty dollars per day 50 per locomotive. 51 With respect to the penalty for violation of subdivision 4 of section 52 9-1105 of this chapter, the owner and every person engaged in such 53 cutting shall be liable therefor; however, the liability for penalty 54 shall not arise until the expiration of twenty days after service, 55 personally or by mail upon the alleged violator at [his] their lastA. 8213--B 5 1 known place of residence of a written notice of failure to comply with 2 the requirements of subdivision 4 of section 9-1105 of this chapter. 3 6. (a) In addition to any other penalty provided by law, any person 4 who violates subdivision 1 of section 9-0303 of this chapter shall be 5 liable to a civil penalty of [two hundred fifty] three hundred seventy- 6 five dollars per tree or treble damages, based on the stumpage value of 7 such tree or both. Where the order or decision finds that the defendant 8 established by clear and convincing evidence, that when such defendant 9 committed the violation, [he or she] they had cause to believe that the 10 land was [his or her] their own, or that [he or she] such defendant had 11 an easement or right of way across such land which permitted such 12 action, damages shall be awarded on the basis of the stumpage value of 13 such tree or trees in the market as if they were privately owned. 14 Notwithstanding the foregoing, this section shall not be construed to 15 authorize the cutting of timber or removal of trees where such action 16 would otherwise be violative of any provision of the state constitution 17 or law. 18 (b) In addition to any other penalty provided by law, a person who 19 violates section 9-1501 of this chapter shall be liable for a civil 20 penalty of [two hundred fifty] three hundred seventy-five dollars per 21 tree or treble damages or both, based on the stumpage value of such tree 22 or trees. Where the order or decision finds that the defendant estab- 23 lished by clear and convincing evidence, that when such defendant 24 committed the violation, [he or she] they had cause to believe that the 25 land was [his or her] their own or that [he or she] such defendant had 26 an easement or right of way across such land which permitted such 27 action, damages shall be awarded on the basis of the stumpage value of 28 such tree or trees. Notwithstanding the foregoing, this section shall 29 not be construed to authorize the cutting of timber or removal of trees 30 where such action would otherwise be violative of any provision of the 31 state constitution or law. 32 (c) For purposes of this subdivision, "stumpage value" shall mean the 33 current fair market value of a tree as it stands prior to the time of 34 sale, cutting, or removal. Stumpage value shall be determined by one or 35 more of the following methods: the sale price of the tree in an arm's- 36 length sale, a review of solicited bids, the stumpage price report 37 prepared by the department of environmental conservation, comparison 38 with like sales on trees on state or private lands, or other appropriate 39 means to assure that a fair market value is established within an 40 acceptable range based on the appropriate geographic area. 41 9. a. Any person who transports, sells, imports or introduces invasive 42 species, in violation of the regulations promulgated pursuant to section 43 9-1709 of this chapter shall be subject to the following: 44 For any first violation in lieu of a penalty there may be issued a 45 written warning by the department and there may also be issued education 46 materials at the discretion of the department regarding requirements 47 related to invasive species. Such person shall, however, for any subse- 48 quent violation thereafter be subject to a fine of no less than [two49hundred fifty] three hundred seventy-five dollars. 50 b. Any nursery grower licensed pursuant to article fourteen of the 51 agriculture and markets law, any person who owns or operates a public 52 vessel as such term is defined in paragraph (a) of subdivision six of 53 section two of the navigation law, or any person who owns or operates a 54 commercial fishing vessel who transports, sells, imports or introduces 55 invasive species in violation of the regulations promulgated pursuant to 56 section 9-1709 of this chapter, shall be subject to a fine of not lessA. 8213--B 6 1 than [six] nine hundred dollars upon the first penalty. Upon the second 2 penalty such person shall be subject to a fine of not less than [two] 3 three thousand dollars. Upon a subsequent penalty and after a hearing or 4 opportunity to be heard upon due notice the following penalties may 5 apply: (i) such nursery grower may be subject to the revocation proce- 6 dures of section one hundred sixty-three-c of the agriculture and 7 markets law (ii) such person's vessel registration may be suspended or 8 (iii) such person's fishing permit may be revoked by the department. 9 10. Any person who violates section 9-1710 of this chapter shall be 10 guilty of a violation and shall be punishable and liable to a civil 11 penalty as provided in subdivision one of this section, provided, howev- 12 er, that for any first violation in lieu of a penalty there shall be 13 issued a written warning by the department and there shall also be 14 issued education materials at the discretion of the department regarding 15 requirements related to invasive species. Such person shall be subject 16 to a fine of up to [one hundred fifty] two hundred seventy-five dollars 17 for a second offense, up to [two hundred fifty] three hundred seventy- 18 five dollars for a third offense, and no less than [two hundred fifty] 19 three hundred seventy-five dollars nor more than [one thousand] five 20 hundred dollars for a fourth or subsequent offense. 21 § 7. Section 71-0707 of the environmental conservation law is amended 22 to read as follows: 23 § 71-0707. Resisting or obstructing departmental agent or employee. 24 Any person who resists or obstructs an authorized agent or employee of 25 the department while [he] such agent or employee is engaged in carrying 26 out any provision of section 9-0305 shall be guilty of a violation which 27 shall be punishable by a fine not exceeding one hundred fifty dollars 28 and by an additional fine [of] not exceeding [twenty-five] thirty-seven 29 dollars and fifty cents for each additional day of such resistance or 30 obstruction. 31 § 8. Section 71-0709 of the environmental conservation law, as amended 32 by chapter 640 of the laws of 1977, is amended to read as follows: 33 § 71-0709. Injury to state lands. 34 Any person who intentionally or negligently causes a fire which burns 35 on or over state lands shall be liable to the state for treble damages 36 and, in addition, to a civil penalty of [ten] fifteen dollars for every 37 tree killed or destroyed by such fire. Damages to state lands and timber 38 shall be ascertained and determined at the same rate of value as if such 39 property were privately owned. 40 § 9. Section 71-0711 of the environmental conservation law, as amended 41 by chapter 640 of the laws of 1977, is amended to read as follows: 42 § 71-0711. Injury to municipal or private lands. 43 Any person who causes a fire which burns on or over lands belonging to 44 another person or to a municipality shall be liable to the party injured 45 (a) for actual damages in case of fire negligently caused or (b) for the 46 higher of actual damages or damages at the rate of [five] seven dollars 47 and fifty cents for each tree killed or destroyed in case of fire 48 wilfully caused. 49 § 10. Section 71-1105 of the environmental conservation law, as 50 amended by chapter 99 of the laws of 2010, is amended to read as 51 follows: 52 § 71-1105. Enforcement of subdivision 4 of section 15-0313. 53 Any violation of subdivision 4 of section 15-0313 shall be a 54 violation, punishable by a fine of not more than [one thousand eight] 55 two thousand seven hundred dollars, and in addition thereto, by a civilA. 8213--B 7 1 penalty of not more than [one thousand eight] two thousand seven hundred 2 dollars. 3 § 11. Section 71-1107 of the environmental conservation law, as 4 amended by chapter 640 of the laws of 1977, is amended to read as 5 follows: 6 § 71-1107. Punishment for violations of title 5 of article 15. 7 1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti- 8 tute a misdemeanor, punishable by a fine of not to exceed [ten] fifteen 9 thousand dollars, or by imprisonment not to exceed one year or by both 10 such fine and imprisonment and, in addition thereto, by a civil penalty 11 of not more than [five thousand] seven thousand five hundred dollars. 12 2. A subcontractor, employee or agent of such person or public corpo- 13 ration, or of a state department who knowingly and intentionally acts, 14 or a prime contractor of such person, public corporation or state 15 department who acts with or without an intention to violate the 16 provisions of title 5 of article 15, in disregard of specifications 17 provided in a construction contract protecting against stream damage, 18 shall be guilty of a violation punishable by a fine of not less than 19 [twenty-five] thirty-seven dollars and fifty cents, nor more than [two20hundred fifty] three hundred seventy-five dollars, or by imprisonment 21 for not more than fifteen days, or by both such fine and imprisonment, 22 and, in addition, thereto, by a civil penalty of not more than [five23thousand] seven thousand five hundred dollars. 24 § 12. Section 71-1109 of the environmental conservation law, as 25 amended by chapter 364 of the laws of 1999, is amended to read as 26 follows: 27 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507. 28 1. Any owner violating subdivision 1 of section 15-0507 or any regu- 29 lations promulgated pursuant thereto may be liable for a penalty not to 30 exceed [five] seven hundred fifty dollars for each and every offense; 31 every violation of such subdivision shall be a separate and distinct 32 offense; and in case of a continuing violation, every day's continuance 33 thereof shall be deemed a separate and distinct offense. 34 2. Any owner violating subdivision 4 of section 15-0507 may be liable 35 for a penalty not to exceed [five thousand] seven thousand five hundred 36 dollars for each and every offense; every violation of an order referred 37 to in such subdivision shall be a separate and distinct offense; and in 38 case of a continuing violation, every day's continuance thereof shall be 39 deemed a separate and distinct offense. 40 § 13. Section 71-1111 of the environmental conservation law, as 41 amended by chapter 364 of the laws of 1999, is amended to read as 42 follows: 43 § 71-1111. Enforcement of subdivision 3 of section 15-0511. 44 Any person or local public corporation violating subdivision 3 of 45 section 15-0511 may be liable for a penalty not to exceed [five thou-46sand] seven thousand five hundred dollars for each and every offense; 47 every violation of an order referred to in such subdivision shall be a 48 separate and distinct offense; and in case of a continuing violation, 49 every day's continuance thereof shall be deemed a separate and distinct 50 offense. 51 § 14. Subdivision 2 of section 71-1113 of the environmental conserva- 52 tion law, as added by chapter 356 of the laws of 1985, is amended to 53 read as follows: 54 2. Any person who violates the provisions of section 15-1506 of this 55 chapter or the rules, regulations, orders or determinations of the 56 commissioner promulgated thereto or the terms of any permit issued ther-A. 8213--B 8 1 eunder, shall be liable for a civil penalty not less than [twenty-five] 2 three thousand seven hundred fifty dollars nor more than [ten] fifteen 3 thousand dollars per day of such violation. 4 § 15. Section 71-1115 of the environmental conservation law, as 5 amended by chapter 640 of the laws of 1977, is amended to read as 6 follows: 7 § 71-1115. Enforcement of section 15-1525. 8 Any person violating the provisions of section 15-1525 shall be guilty 9 of a violation punishable by a fine of not more than one thousand five 10 hundred dollars, and in addition thereto, shall be liable for a civil 11 penalty of not more than [fifteen hundred] two thousand two hundred 12 fifty dollars. 13 § 16. Subdivisions 1 and 2 of section 71-1117 of the environmental 14 conservation law, as amended by chapter 640 of the laws of 1977, are 15 amended to read as follows: 16 1. Any person or public corporation violating subdivision 1 of section 17 15-1745, shall be guilty of a violation punishable by a fine of not more 18 than [five thousand] seven thousand five hundred dollars. 19 2. In addition, the department may, in an action instituted by it in 20 any court of competent jurisdiction, recover from any such person or 21 public corporation the sum of [one hundred fifty] two hundred twenty- 22 five dollars per day for each day that such person or public corporation 23 continues to take, draw, divert or make use of any part or portion of 24 such waters. 25 § 17. Section 71-1121 of the environmental conservation law, as 26 amended by chapter 640 of the laws of 1977, is amended to read as 27 follows: 28 § 71-1121. Enforcement of subdivision 2 of section 15-1947. 29 Violation of subdivision 2 of section 15-1947 shall constitute a 30 violation, punishable by a fine of not more than one thousand five 31 hundred dollars, and in addition thereto, a civil penalty of not more 32 than [fifteen hundred] two thousand two hundred fifty dollars. 33 § 18. Section 71-1123 of the environmental conservation law, as 34 amended by chapter 640 of the laws of 1977, is amended to read as 35 follows: 36 § 71-1123. Enforcement of section 15-2133. 37 1. Any neglect of the provisions of section 15-2133 by any officer or 38 person in charge of any reservoir shall be a violation punishable by a 39 fine of not more than one thousand five hundred dollars, and in addition 40 thereto, by a civil penalty of not more than [fifteen hundred] two thou- 41 sand two hundred fifty dollars. 42 2. Any person violating the provisions of subdivision 3 of section 43 15-2133 shall be guilty of a violation punishable by a fine of not more 44 than one thousand five hundred dollars, and in addition thereto, shall 45 be liable for a civil penalty of not more than [fifteen hundred] two 46 thousand two hundred fifty dollars. 47 § 19. Section 71-1125 of the environmental conservation law, as 48 amended by chapter 640 of the laws of 1977, is amended to read as 49 follows: 50 § 71-1125. Enforcement of section 15-2315. 51 Any person who violates the provisions of the first sentence of 52 section 15-2315 shall be guilty of a violation punishable by a fine of 53 not more than one thousand five hundred dollars, and in addition there- 54 to, shall be liable for a civil penalty of not more than [fifteen55hundred] two thousand two hundred fifty dollars.A. 8213--B 9 1 § 20. Subdivision 1 of section 71-1127 of the environmental conserva- 2 tion law, as amended by chapter 401 of the laws of 2011, is amended to 3 read as follows: 4 1. Any person who violates any of the provisions of, or who fails to 5 perform any duty imposed by article 15 except section 15-1713, or who 6 violates or who fails to comply with any rule, regulation, determination 7 or order of the department heretofore or hereafter promulgated pursuant 8 to article 15 except section 15-1713, or any condition of a permit 9 issued pursuant to article 15 of this chapter, or any determination or 10 order of the former water resources commission or the department hereto- 11 fore promulgated pursuant to former article 5 of the Conservation Law, 12 shall be liable for a civil penalty of not more than [two thousand five] 13 three thousand seven hundred fifty dollars for such violation and an 14 additional civil penalty of not more than [five] seven hundred fifty 15 dollars for each day during which such violation continues, and, in 16 addition thereto, such person may be enjoined from continuing such 17 violation as otherwise provided in article 15 except section 15-1713. 18 § 21. Section 71-1131 of the environmental conservation law, as added 19 by chapter 640 of the laws of 1977, is amended to read as follows: 20 § 71-1131. Violations; criminal liability. 21 Except as otherwise specifically provided, any person who violates any 22 of the provisions of article 15 of this chapter, or any rule, regulation 23 or order promulgated pursuant thereto, or the terms of any permit issued 24 thereunder shall be guilty of a violation punishable by a fine of not 25 more than [five] seven hundred fifty dollars. 26 § 22. Section 71-1203 of the environmental conservation law, as added 27 by chapter 384 of the laws of 1983, is amended to read as follows: 28 § 71-1203. Penalties. 29 Any person who violates the provisions of article twenty-two of this 30 chapter shall be subject to a civil penalty not to exceed [ten] fifteen 31 thousand dollars for each day during which such violation occurred; 32 provided, however, that the total penalty to be imposed shall not exceed 33 one million five hundred thousand dollars. 34 § 23. Subdivisions 1 and 3 of section 71-1307 of the environmental 35 conservation law, as amended by chapter 99 of the laws of 2010, are 36 amended to read as follows: 37 1. Administrative sanctions. Any person who violates any provision of 38 article 23 of this chapter or commits any offense described in section 39 71-1305 of this title shall be liable to the people of the state for a 40 civil penalty not to exceed [eight] twelve thousand dollars and an addi- 41 tional penalty of [two] three thousand dollars for each day during which 42 such violation continues, to be assessed by the commissioner after a 43 hearing or opportunity to be heard. The commissioner, acting by the 44 attorney general, may bring suit for collection of such assessed civil 45 penalty in any court of competent jurisdiction. Such civil penalty may 46 be released or compromised by the commissioner before the matter has 47 been referred to the attorney general; and where such matter has been 48 referred to the attorney general, any such penalty may be released or 49 compromised and any action commenced to recover the same may be settled 50 and discontinued by the attorney general with the consent of the commis- 51 sioner. In addition, the commissioner shall have the power, following a 52 hearing conducted pursuant to rules and regulations adopted by the 53 department, to direct the violator to cease the violation and reclaim 54 and repair the affected site to a condition acceptable to the commis- 55 sioner, to the extent possible within a reasonable time and under the 56 direction and supervision of the commissioner. Any such order of theA. 8213--B 10 1 commissioner shall be enforceable in any action brought by the commis- 2 sioner in any court of competent jurisdiction. Any civil penalty or 3 order issued by the commissioner under this subdivision shall be review- 4 able in a proceeding under article seventy-eight of the civil practice 5 law and rules. 6 3. Criminal sanctions. Any person who, having any of the culpable 7 mental states defined in sections 15.05 and 20.20 of the penal law, 8 violates any provision of article 23 of this chapter or commits any 9 offense described in section 71-1305 of this title shall be guilty of a 10 misdemeanor and, upon conviction thereof, shall be punished by a fine 11 not to exceed one thousand five hundred dollars for each day during 12 which such violation continues or by imprisonment for a term of not more 13 than one year, or by both such fine and imprisonment. If the conviction 14 is for a subsequent offense committed after a first conviction of such 15 person under this subdivision, punishment shall be by a fine not to 16 exceed [eight] twelve thousand dollars for each day during which such 17 violation continues or by imprisonment for a term of not more than one 18 year, or by both such fine and imprisonment. 19 § 24. Subdivision 1 of section 71-1707 of the environmental conserva- 20 tion law is amended to read as follows: 21 1. Any person who violates, disobeys or disregards any term or 22 provision of this chapter listed in section 71-1701, or of titles 17 23 through 21 inclusive of this article or of any lawful notice, order or 24 regulation pursuant thereto for which a civil penalty is not otherwise 25 expressly prescribed by law, shall be liable to the people of the state 26 for a civil penalty of not to exceed one thousand five hundred dollars 27 for every such violation. 28 § 25. Section 71-1711 of the environmental conservation law is amended 29 to read as follows: 30 § 71-1711. Willful violation of health laws. 31 1. A person who willfully violates or refuses or omits to comply with 32 any lawful order or regulation prescribed by any local board of health 33 or local health officer, is guilty of a misdemeanor; except, however, 34 that where such order or regulation applies to a tenant with respect to 35 [his] such tenant's own dwelling unit or to an owner occupied one or two 36 family dwelling, such person is guilty of an offense for the first 37 violation punishable by a fine not to exceed [fifty] seventy-five 38 dollars and for a second or subsequent violation is guilty of a misde- 39 meanor punishable by a fine not to exceed [five] seven hundred fifty 40 dollars or by imprisonment not to exceed six months or by both such fine 41 and imprisonment. 42 2. A person who willfully violates any provision of this chapter list- 43 ed in section 71-1701, or of titles 17 through 21 inclusive of this 44 article, or any regulation lawfully made or established by any public 45 officer or board under authority of such provisions, the punishment for 46 violating which is not otherwise prescribed by such provisions or any 47 other law, is punishable by imprisonment not exceeding one year, or by a 48 fine not exceeding [two] three thousand dollars or by both. 49 § 26. Section 71-1725 of the environmental conservation law, as 50 amended by chapter 400 of the laws of 1973, is amended to read as 51 follows: 52 § 71-1725. Assessment of Penalties. 53 The commissioner may assess any penalty prescribed for a violation of 54 or a failure to comply with any provision contained in this title or 55 listed in section 71-1701, or any lawful notice, order or regulation 56 prescribed by the commissioner under any such provision, one thousandA. 8213--B 11 1 five hundred dollars for every such violation or failure, which penalty 2 may be assessed after a hearing or an opportunity to be heard. 3 § 27. Section 71-1905 of the environmental conservation law is amended 4 to read as follows: 5 § 71-1905. Enforcement of section 17-1705. 6 Any person violating any provision of section 17-1705 shall forfeit to 7 the county where the violation occurred the sum of [fifty] seventy-five 8 dollars for every such violation. 9 § 28. Subdivision 1 of section 71-1907 of the environmental conserva- 10 tion law is amended to read as follows: 11 1. Every person violating any provision of section 17-1707 shall 12 forfeit to the municipality having a local board of health where the 13 violation occurs the sum of [twenty-five] thirty-seven dollars and fifty 14 cents for the first day when the violation takes place, and the sum of 15 [ten] fifteen dollars for every subsequent day that such violation is 16 repeated or continued. 17 § 29. Subdivision 2 of section 71-1909 of the environmental conserva- 18 tion law, as amended by section 35 of part C of chapter 62 of the laws 19 of 2003, is amended to read as follows: 20 2. Any person violating any provision of section 17-1709 shall be 21 guilty of a misdemeanor, and punishable by a fine of not more than 22 [seven hundred fifty] one thousand one hundred twenty-five dollars or by 23 imprisonment for not more than one year or by both such fine and impri- 24 sonment. 25 § 30. Section 71-1911 of the environmental conservation law, as 26 amended by section 36 of part C of chapter 62 of the laws of 2003, is 27 amended to read as follows: 28 § 71-1911. Enforcement of section 17-1711. 29 Any person violating any provision of section 17-1711 shall be guilty 30 of an offense, and punishable by a fine of not more than [seventy-five] 31 one hundred twelve dollars and fifty cents. 32 § 31. Subdivision 2 of section 71-1913 of the environmental conserva- 33 tion law is amended to read as follows: 34 2. Any person violating any provision of section 17-1713 shall be 35 guilty of a misdemeanor, and punishable by a fine of not more than 36 [five] seven hundred fifty dollars or by imprisonment for not more than 37 one year or by both such fine and imprisonment. 38 § 32. Subdivision 1 of section 71-1915 of the environmental conserva- 39 tion law is amended to read as follows: 40 1. Any person violating any provision of section 17-1715 shall be 41 guilty of a misdemeanor, and punishable by a fine of not more than 42 [five] seven hundred fifty dollars or by imprisonment for not more than 43 one year or by both such fine and imprisonment. 44 § 33. Subdivision 1 of section 71-1921 of the environmental conserva- 45 tion law is amended to read as follows: 46 1. Any person putting in or constructing or maintaining a conduit, 47 discharge pipe or other means of discharging or casting any refuse or 48 waste matter in violation of section 17-1729 shall forfeit to the people 49 of the state [five] seven dollars and fifty cents a day for each day the 50 same is used or maintained for such purpose, to be collected in an 51 action brought by the commissioner. 52 § 34. Subdivision 1 of section 71-1929 of the environmental conserva- 53 tion law, as amended by section 37 of part C of chapter 62 of the laws 54 of 2003, is amended to read as follows: 55 1. A person who violates any of the provisions of, or who fails to 56 perform any duty imposed by titles 1 through 11 inclusive and title 19A. 8213--B 12 1 of article 17, or the rules, regulations, orders or determinations of 2 the commissioner promulgated thereto or the terms of any permit issued 3 thereunder, shall be liable to a penalty of not to exceed [thirty-seven4thousand five hundred] fifty-six thousand two hundred fifty dollars per 5 day for each violation, and, in addition thereto, such person may be 6 enjoined from continuing such violation as hereinafter provided. 7 Violation of a permit condition shall constitute grounds for revocation 8 of such permit, which revocation may be accomplished either as provided 9 in paragraph f of subdivision 4 of section 17-0303 or by order of judg- 10 ment of the supreme court as an alternate or additional civil penalty in 11 an action brought pursuant to subdivision 3 of this section. 12 § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b 13 of subdivision 8 of section 71-1933 of the environmental conservation 14 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii 15 and iv of paragraph b of subdivision 8 as amended by section 39 of part 16 C of chapter 62 of the laws of 2003, are amended to read as follows: 17 1. Any person who, having any of the culpable mental states defined in 18 section 15.05 of the penal law, shall violate any of the provisions of 19 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules, 20 regulations, orders or determinations of the commissioner promulgated 21 thereto, or the terms of any permit issued thereunder, shall be guilty 22 of a misdemeanor and, upon conviction thereof, shall be punished by a 23 fine of not less than [three thousand seven hundred fifty] five thousand 24 six hundred twenty-five dollars nor more than [thirty-seven thousand25five hundred] fifty-six thousand two hundred fifty dollars per day of 26 violation or by imprisonment for a term of not more than one year, or by 27 both such fine and imprisonment. If the conviction is for an offense 28 committed after a first conviction of such person under this subdivi- 29 sion, punishment shall be by a fine of not more than [seventy-five thou-30sand] one hundred twelve thousand five hundred dollars per day of 31 violation, or by imprisonment for not more than two years, or by both. 32 i. [$750,000] $1,125,000 for a class C felony committed by an organ- 33 ization as defined in section 71-1932 of this title; 34 ii. [$375,000] $562,500 for a class C felony; 35 iii. [$75,000] $112,500 per day of continuing violation for a class E 36 felony defined under subdivision four of this section but in no event 37 less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony 38 defined under subdivision seven of this section; 39 iv. [$37,500] $56,250 per day of continuing violation for a class A 40 misdemeanor but in no event less than [$3,750] $5,625. 41 § 36. Paragraph b of subdivision 3 of section 71-1939 of the environ- 42 mental conservation law, as added by chapter 543 of the laws of 2010, is 43 amended to read as follows: 44 b. All fines and penalties collected pursuant to this subdivision 45 shall be paid to the district or county, provided, however, that one- 46 quarter of such fines and penalties received shall be paid to the 47 [general fund to the credit of the state purposes account] conservation 48 fund to the credit of the conservation enforcement account established 49 pursuant to subdivision (k) of section eighty-three of the state finance 50 law. 51 § 37. Subdivision 1 of section 71-1941 of the environmental conserva- 52 tion law, as amended by section 40 of part C of chapter 62 of the laws 53 of 2003, is amended to read as follows: 54 1. Except where the owner of or a person in actual or constructive 55 possession or control of more than one thousand one hundred gallons, in 56 bulk, of any liquid including petroleum which, if released, would orA. 8213--B 13 1 would be likely to pollute the lands or waters of the state including 2 the groundwaters thereof can prove that the entry or presence of any 3 part of such liquid onto such lands or into or in such waters causing or 4 contributing to a condition therein in contravention of the standards 5 adopted or deemed adopted by the water pollution control board or any of 6 its legal successors was caused solely by (A) an act of God, (B) an act 7 of war, (C) negligence on the part of the United States or New York 8 State Government or (D) an act or omission of a third party without 9 regard to whether any such act or omission was or was not negligent, or 10 any combination of the foregoing clauses, such owner or person shall be 11 liable for a penalty of not more than [three thousand seven hundred12fifty] five thousand six hundred twenty-five dollars for an initial 13 incident resulting in or contributing to such a contravention and for an 14 additional penalty not to exceed [seven hundred fifty] one thousand one 15 hundred twenty-five dollars for each day during which such contravention 16 or contribution thereto continues, and in addition shall be liable to 17 the people of the state of New York for the actual costs incurred by or 18 on behalf of the people of the state for the removal or neutralization 19 of such liquid and for any and all reasonable measures taken or 20 attempted to reduce, limit or diminish the extent or effect of such 21 contravention. 22 § 38. Section 71-1943 of the environmental conservation law, as 23 amended by section 41 of part C of chapter 62 of the laws of 2003, is 24 amended to read as follows: 25 § 71-1943. Enforcement of section 17-1743. 26 Any person who fails to so notify the department of such release, 27 discharge or spill into the waters of the state as described in section 28 17-1743 of this chapter shall, upon conviction, be fined not more than 29 [three thousand seven hundred fifty] five thousand six hundred twenty- 30 five dollars or imprisoned for not more than one year, or both. 31 § 39. Section 71-1945 of the environmental conservation law, as added 32 by chapter 205 of the laws of 2010, is amended to read as follows: 33 § 71-1945. Enforcement of title 21 of article 17. 34 1. Except as otherwise provided in this section, any person who 35 violates any provision of title 21 of article 17 of this chapter or any 36 rule, regulation or order issued thereunder shall be liable to the 37 people of the state for a civil penalty not to exceed [five] seven 38 hundred fifty dollars for a first violation, and not to exceed one thou- 39 sand five hundred dollars for each subsequent violation, to be assessed 40 by the commissioner after a hearing or opportunity to be heard. 41 2. Any owner or owner's agent, or occupant of a household who violates 42 any provision of title 21 of article 17 of this chapter or any rule, 43 regulation or order issued thereunder shall, for a first violation be 44 issued a written warning and be provided educational materials. Upon a 45 second violation, the owner or owner's agent, or occupant of a household 46 shall be liable to the people of the state for a civil penalty not to 47 exceed one hundred fifty dollars, and for any subsequent violations 48 shall be liable to the people of the state for a civil penalty not to 49 exceed [two hundred fifty] three hundred twenty-five dollars. No owner 50 or owner's agent of a household shall be held liable for any violation 51 by an occupant. Such penalties may be assessed by the commissioner after 52 a hearing or opportunity to be heard. 53 § 40. Subdivision 1 of section 71-2103 of the environmental conserva- 54 tion law, as amended by chapter 99 of the laws of 2010, is amended to 55 read as follows:A. 8213--B 14 1 1. Except as provided in section 71-2113, any person who violates any 2 provision of article nineteen or any code, rule or regulation which was 3 promulgated pursuant thereto; or any order except an order directing 4 such person to pay a penalty by a specified date issued by the commis- 5 sioner pursuant thereto, shall be liable, in the case of a first 6 violation, for a penalty not less than [five] seven hundred fifty 7 dollars nor more than [eighteen] twenty-seven thousand dollars for said 8 violation and an additional penalty of not to exceed [fifteen thousand] 9 twenty thousand five hundred dollars for each day during which such 10 violation continues. In the case of a second or any further violation, 11 the liability shall be for a penalty not to exceed [twenty-six] thirty- 12 nine thousand dollars for said violation and an additional penalty not 13 to exceed [twenty-two thousand five hundred] thirty-three thousand seven 14 hundred fifty dollars for each day during which such violation contin- 15 ues. In addition thereto, such person may be enjoined from continuing 16 such violation as hereinafter provided. 17 § 41. Subdivision 1 of section 71-2105 of the environmental conserva- 18 tion law, as amended by chapter 99 of the laws of 2010, is amended to 19 read as follows: 20 1. Except as provided in section 71-2113, any person who shall wilful- 21 ly violate any of the provisions of article 19 or any code, rule or 22 regulation promulgated pursuant thereto or any final determination or 23 order of the commissioner made pursuant to article 19 shall be guilty of 24 a misdemeanor, and, upon conviction thereof, shall be punished by a 25 fine, in the case of a first conviction, of not less than [five] seven 26 hundred fifty dollars nor more than [eighteen] twenty-seven thousand 27 dollars or by imprisonment for a term of not more than one year, or by 28 both such fine and imprisonment, for each separate violation. If the 29 conviction is for an offense committed after the first conviction of 30 such person under this subdivision, such person shall be punished by a 31 fine not to exceed [twenty-six] thirty-nine thousand dollars, or by 32 imprisonment, or by both such fine and imprisonment. Each day on which 33 such violation occurs shall constitute a separate violation. 34 § 42. Section 71-2111 of the environmental conservation law, as added 35 by chapter 400 of the laws of 1973, is amended to read as follows: 36 § 71-2111. Enforcement of air pollution emergency rules and regulations. 37 Any person who violates any of the provisions of any regulation 38 promulgated by the commissioner under authority of paragraph y of subdi- 39 vision one of section 3-0301 shall be liable for a civil penalty of not 40 more than [twenty-five] three thousand seven hundred fifty dollars for 41 each such violation and an additional penalty of not more than [five] 42 seven hundred fifty dollars for each day during which such violation 43 continues, and, in addition thereto, such persons may be enjoined from 44 continuing such violation. Penalties and injunctive relief provided 45 herein shall be recoverable in an action brought by the attorney general 46 at the request and in the name of the commissioner. 47 § 43. Section 71-2113 of the environmental conservation law, as added 48 by chapter 942 of the laws of 1984, subdivision 1 as amended by section 49 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of 50 the laws of 2003, is amended to read as follows: 51 § 71-2113. Violations of section 19-0304 of article 19 of this chapter. 52 1. Civil and administrative sanctions. Any person who violates any of 53 the provisions of, or who fails to perform any duty imposed by section 54 19-0304 of this chapter, or any rule or regulation promulgated pursuant 55 thereto, or any term or condition of any certificate or permit issued 56 pursuant thereto, or any final determination or order of the commission-A. 8213--B 15 1 er made pursuant to article 19 of this chapter concerning a violation of 2 section 19-0304 of this chapter shall be liable in the case of a first 3 violation, for a civil penalty not to exceed [thirty-seven thousand five4hundred] fifty-six thousand two hundred fifty dollars and an additional 5 penalty of not more than [thirty-seven thousand five hundred] fifty-six 6 thousand two hundred fifty dollars for each day during which such 7 violation continues, to be assessed by the commissioner after an oppor- 8 tunity to be heard pursuant to the provisions of section 71-1709 of this 9 article, or by the court in any action or proceeding pursuant to section 10 71-2107 of this title, and, in addition thereto, such person may by 11 similar process be enjoined from continuing such violation and any 12 permit or certificate issued to such person may be revoked or suspended 13 or a pending renewal application denied. In the case of a second and any 14 further violation, the liability shall be for a civil penalty not to 15 exceed [seventy-five] one hundred twelve thousand five hundred dollars 16 for each such violation and an additional penalty not to exceed seven- 17 ty-five thousand dollars for each day during which such violation 18 continues. 19 2. Criminal sanctions. Any person who, having any of the culpable 20 mental states defined in section 15.05 of the penal law, shall violate 21 any of the provisions of or who fails to perform any duty imposed by 22 section 19-0304 of this chapter, or any rules and regulations promulgat- 23 ed pursuant thereto, or any term or condition of any certificate or 24 permit issued pursuant thereto, or any final determination or order of 25 the commissioner made pursuant to article 19 of this chapter concerning 26 a violation of section 19-0304 of this chapter shall be guilty of a 27 misdemeanor and, upon conviction thereof, shall for a first conviction 28 be punished by a fine not to exceed [thirty-seven thousand five hundred] 29 fifty-six thousand two hundred fifty dollars per day of violation or by 30 imprisonment for a term of not more than one year, or both such fine and 31 imprisonment. If the conviction is for an offense committed after a 32 first conviction of such person under this subdivision, punishment shall 33 be by a fine not to exceed [seventy-five] one hundred twelve thousand 34 five hundred dollars per day of violation, or by imprisonment for not 35 more than two years or by both such fine and imprisonment. 36 § 44. Section 71-2201 of the environmental conservation law, as added 37 by chapter 740 of the laws of 1978, the opening paragraph and subdivi- 38 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws 39 of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is 40 amended to read as follows: 41 § 71-2201. Enforcement of title 23 of article 23 of this chapter. 42 Administrative and civil sanctions. 1. Any person who violates any of 43 the provisions of, or who fails to perform any duty imposed by title 23 44 of article 23 except the duty to accept used oil pursuant to section 45 23-2307 or any person subject to section 23-2308 or any rule or regu- 46 lation promulgated pursuant thereto, or any term or condition of any 47 certificate or permit issued pursuant thereto, or any final determi- 48 nation or order of the commissioner made pursuant to this section shall 49 be liable for a civil penalty not to exceed one thousand five hundred 50 dollars for each such violation and an additional penalty of not more 51 than [five] seven hundred fifty dollars for each day during which such 52 violation continues, to be assessed by the commissioner after a hearing 53 or opportunity to be heard pursuant to the provisions of section 71-1709 54 of this chapter, and, in addition thereto, such person may by similar 55 process be enjoined from continuing such violation and any permit orA. 8213--B 16 1 certificate issued to such person may be revoked or suspended or a pend- 2 ing renewal application denied. 3 2. Any person who refuses to accept used oil as required pursuant to 4 subdivision two of section 23-2307 shall be liable for a civil penalty 5 not to exceed one hundred fifty dollars. 6 3. Any person who violates any provision of section 23-2308 of this 7 chapter shall be subject to a civil penalty not to exceed [two hundred8fifty] three hundred seventy-five dollars for each violation. 9 4. Notwithstanding any other provision of law, any person who shall 10 violate the provisions of paragraph [(c)] c of subdivision one of 11 section 23-2307 or paragraph [(d)] d of subdivision two of section 12 23-2307 of this chapter shall be liable for a civil penalty of not more 13 than [five] seven hundred fifty dollars, and an additional civil penalty 14 of not more than [five] seven hundred fifty dollars for each day during 15 which such violation continues, not to exceed [ten] fifteen thousand 16 dollars. 17 § 45. Section 71-2303 of the environmental conservation law, as 18 amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as 19 amended by section 15 of part QQ of chapter 58 of the laws of 2022, is 20 amended to read as follows: 21 § 71-2303. Violation; penalties. 22 1. Civil sanctions. a. Any person who violates, disobeys or disregards 23 any provision of article twenty-four, including title five and section 24 24-0507 thereof or any rule or regulation, local law or ordinance, 25 permit or order issued pursuant thereto, shall be liable to the people 26 of the state for a civil penalty of not to exceed [eleven] sixteen thou- 27 sand five hundred dollars for every such violation, to be assessed, 28 after a hearing or opportunity to be heard upon due notice and with the 29 rights to specification of the charges and representation by counsel at 30 such hearing, by the commissioner or local government or in an action 31 initiated by the attorney general pursuant to section 71-2305 of this 32 title or on the attorney general's own initiative. Each violation shall 33 be a separate and distinct violation and, in the case of a continuing 34 violation, each day's continuance thereof shall be deemed a separate and 35 distinct violation. Such penalty assessed by the commissioner or local 36 government may be recovered in an action brought by the attorney general 37 at the request and in the name of the commissioner or local government 38 in any court of competent jurisdiction. Such civil penalty may be 39 released or compromised by the commissioner or local government before 40 the matter has been referred to the attorney general; and where such 41 matter has been referred to the attorney general, any such penalty may 42 be released or compromised and any action commenced to recover the same 43 may be settled and discontinued by the attorney general with the consent 44 of the commissioner or local government. In addition, the commissioner 45 or local government shall have power, following a hearing held in 46 conformance with the procedures set forth in section 71-1709 of this 47 article, to direct the violator to cease violating the act and to 48 restore the affected freshwater wetland to its condition prior to the 49 violation, insofar as that is possible within a reasonable time and 50 under the supervision of the commissioner or local government. Any such 51 order of the commissioner or local government shall be enforceable in an 52 action brought by the attorney general at the request and in the name of 53 the commissioner or local government in any court of competent jurisdic- 54 tion. Any civil penalty or order issued by the commissioner or local 55 government pursuant to this subdivision shall be reviewable in aA. 8213--B 17 1 proceeding pursuant to article seventy-eight of the civil practice law 2 and rules. 3 b. Upon determining that significant damage to the functions and bene- 4 fits of a freshwater wetland is occurring or is imminent as a result of 5 any violation of article twenty-four of this chapter, including but not 6 limited to (i) activity taking place requiring a permit under article 7 twenty-four of this chapter but for which no permit has been granted or 8 (ii) failure on the part of a permittee to adhere to permit conditions, 9 the commissioner or local government shall have power to direct the 10 violator to cease and desist from violating the act. In such cases the 11 violator shall be provided an opportunity to be heard within ten days of 12 receipt of the notice to cease and desist. 13 2. Criminal sanctions. Any person who violates any provision of arti- 14 cle twenty-four of this chapter, including any rule or regulation, local 15 law or ordinance, permit or order issued pursuant thereto, shall, in 16 addition, for the first offense, be guilty of a violation punishable by 17 a fine of not less than [two] three thousand nor more than [five] seven 18 thousand five hundred dollars; for a second and each subsequent offense 19 [he] such person shall be guilty of a misdemeanor punishable by a fine 20 of not less than [four] six thousand nor more than [ten] fifteen thou- 21 sand dollars or a term of imprisonment of not less than fifteen days nor 22 more than six months or both. In addition to these punishments, any 23 offender may be punishable by being ordered by the court to restore the 24 affected freshwater wetland or adjacent area to its condition prior to 25 the offense, insofar as that is possible. The court shall specify a 26 reasonable time for the completion of such restoration, which shall be 27 effected under the supervision of the commissioner or local government. 28 Each offense shall be a separate and distinct offense and, in the case 29 of a continuing offense, each day's continuance thereof shall be deemed 30 a separate and distinct offense. 31 3. All fines collected pursuant to this section shall be paid into the 32 environmental protection fund established pursuant to section ninety- 33 two-s of the state finance law. 34 § 46. Paragraph a of subdivision 1 and subdivision 2 of section 35 71-2503 of the environmental conservation law, as amended by chapter 666 36 of the laws of 1989, are amended to read as follows: 37 a. Any person who violates, disobeys or disregards any provision of 38 article twenty-five shall be liable to the people of the state for a 39 civil penalty of not to exceed [ten] fifteen thousand dollars for every 40 such violation, to be assessed, after a hearing or opportunity to be 41 heard, by the commissioner. Each violation shall be a separate and 42 distinct violation and, in the case of a continuing violation, each 43 day's continuance thereof shall be deemed a separate and distinct 44 violation. The penalty may be recovered in an action brought by the 45 commissioner in any court of competent jurisdiction. Such civil penalty 46 may be released or compromised by the commissioner before the matter has 47 been referred to the attorney general; and where such matter has been 48 referred to the attorney general, any such penalty may be released or 49 compromised and any action commenced to recover the same may be settled 50 and discontinued by the attorney general with the consent of the commis- 51 sioner. 52 2. Criminal sanctions. Any person who violates any provision of arti- 53 cle twenty-five shall, in addition, for the first offense, be guilty of 54 a violation punishable by a fine of not less than [five] seven hundred 55 fifty nor more than [five] seven thousand five hundred dollars; for a 56 second and each subsequent offense such person shall be guilty of aA. 8213--B 18 1 misdemeanor punishable by a fine of not less than one thousand five 2 hundred nor more than [ten] fifteen thousand dollars or a term of impri- 3 sonment of not less than fifteen days nor more than six months or both. 4 In addition to or instead of these punishments, any offender shall be 5 punishable by being ordered by the court to restore the affected tidal 6 wetland or area immediately adjacent thereto to its condition prior to 7 the offense, insofar as that is possible. The court shall specify a 8 reasonable time for the completion of the restoration, which shall be 9 effected under the supervision of the commissioner. Each offense shall 10 be a separate and distinct offense and, in the case of a continuing 11 offense, each day's continuance thereof shall be deemed a separate and 12 distinct offense. 13 § 47. Section 71-2505 of the environmental conservation law, as 14 amended by chapter 249 of the laws of 1997, is amended to read as 15 follows: 16 § 71-2505. Enforcement. 17 The attorney general, on [his] their own initiative or at the request 18 of the commissioner, shall prosecute persons who violate article twen- 19 ty-five. In addition the attorney general, on [his] their own initi- 20 ative or at the request of the commissioner, shall have the right to 21 recover a civil penalty of up to [ten] fifteen thousand dollars for 22 every violation of any provision of such article, and to seek equitable 23 relief to restrain any violation or threatened violation of such article 24 and to require the restoration of any affected tidal wetland or area 25 immediately adjacent thereto to its condition prior to the violation, 26 insofar as that is possible, within a reasonable time and under the 27 supervision of the commissioner. In the case of a continuing violation, 28 each day's continuance thereof shall be deemed a separate and distinct 29 violation. 30 § 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental 31 conservation law, subdivisions 1 and 2 as amended by chapter 508 of the 32 laws of 1995, paragraph a of subdivision 1 as amended by section 25, 33 subparagraphs i and ii of paragraph b of subdivision 1 as amended by 34 section 26, paragraph a and subparagraphs i and ii of paragraph b of 35 subdivision 2 as amended by section 27, subparagraphs i and ii of para- 36 graph c of subdivision 2 as amended by section 28 and subdivision 3 as 37 amended by section 29 of part C of chapter 62 of the laws of 2003, are 38 amended to read as follows: 39 1. Civil and administrative sanctions. a. Any person who violates any 40 of the provisions of, or who fails to perform any duty imposed by title 41 3 or 7 of article 27 of this chapter or any rule or regulation promul- 42 gated pursuant thereto, or any term or condition of any certificate or 43 permit issued pursuant thereto, or any final determination or order of 44 the commissioner made pursuant to this title shall be liable for a civil 45 penalty not to exceed [seven thousand five hundred] eleven thousand two 46 hundred fifty dollars for each such violation and an additional penalty 47 of not more than [one thousand five hundred] two thousand two hundred 48 fifty dollars for each day during which such violation continues, to be 49 assessed by the commissioner after an opportunity to be heard pursuant 50 to the provisions of section 71-1709 of this article, or by the court in 51 any action or proceeding pursuant to section 71-2727 of this title, and, 52 in addition thereto, such person may by similar process be enjoined from 53 continuing such violation and any permit or certificate issued to such 54 person may be revoked or suspended or a pending renewal application 55 denied.A. 8213--B 19 1 b. i. Any person who violates any of the provisions of, or who fails 2 to perform any duty imposed by, title 3 or 7 of article 27 of this chap- 3 ter, or any rule or regulation promulgated pursuant thereto, or any term 4 or condition of any certificate or permit issued pursuant thereto and 5 thereby causes the release of solid waste into the environment, shall be 6 liable for a civil penalty not to exceed [eleven thousand two hundred7fifty] sixteen thousand eight hundred seventy-five dollars for each such 8 violation and an additional penalty of not more than [eleven thousand9two hundred fifty] sixteen thousand eight hundred seventy-five dollars 10 for each day during which such violation continues, to be assessed by 11 the commissioner after an opportunity to be heard pursuant to the 12 provisions of section 71-1709 of this article, or by the court in any 13 action or proceeding pursuant to section 71-2727 of this title, and, in 14 addition thereto, such person may by similar process be enjoined from 15 continuing such violation and any permit or certificate issued to such 16 person may be revoked or suspended or a pending renewal application 17 denied. 18 ii. Any person who violates any of the provisions of, or who fails to 19 perform any duty imposed by, title 3 or 7 of article 27 of this chapter, 20 or any rule or regulation promulgated pursuant thereto, or any term or 21 condition of any certificate or permit issued pursuant thereto and 22 thereby causes the release of more than ten cubic yards of solid waste 23 into the environment, shall be liable for a civil penalty not to exceed 24 [twenty-two thousand five hundred] thirty-three thousand seven hundred 25 fifty dollars for each such violation and an additional penalty of not 26 more than [twenty-two thousand five hundred] thirty-three thousand seven 27 hundred fifty dollars for each day during which such violation contin- 28 ues, to be assessed by the commissioner after an opportunity to be heard 29 pursuant to the provisions of section 71-1709 of this article, or by the 30 court in any action or proceeding pursuant to section 71-2727 of this 31 title, and, in addition thereto, such person may by similar process be 32 enjoined from continuing such violation and any permit or certificate 33 issued to such person may be revoked or suspended or a pending renewal 34 application denied. 35 c. The court in any action or proceeding pursuant to section 71-2727 36 of this chapter may exercise all powers exercisable by the commissioner. 37 2. Criminal sanctions. a. Any person who, having any of the culpable 38 mental states defined in section 15.05 of the penal law, shall violate 39 any of the provisions of or who fails to perform any duty imposed by 40 title 3 or 7 of article 27 of this chapter, or any rules and regulations 41 promulgated pursuant thereto, or any final determination or order of the 42 commissioner made pursuant to this title shall be guilty of a violation 43 and, upon conviction thereof, shall be punished by a fine of not less 44 than [one thousand five hundred] two thousand two hundred fifty dollars 45 nor more than [fifteen] twenty-two thousand five hundred dollars per day 46 of violation or by imprisonment for not more than fifteen days or by 47 both such fine and imprisonment. 48 b. i. Any person who shall violate paragraph a of this subdivision and 49 thereby causes or attempts to cause the release of more than ten cubic 50 yards of solid waste into the environment shall be guilty of a class B 51 misdemeanor and, upon conviction thereof, shall be punished by a fine of 52 not less than [three thousand seven hundred fifty] five thousand six 53 hundred twenty-five dollars per day nor more than [twenty-two thousand54five hundred] thirty-three thousand seven hundred fifty dollars per day 55 of violation, or by imprisonment for a term in accordance with the penal 56 law, or by both such fine and imprisonment.A. 8213--B 20 1 ii. Any person who shall violate paragraph a of this subdivision and 2 thereby causes or attempts to cause the release of more than ten cubic 3 yards of solid waste into the environment, after having been convicted 4 of a violation of this subdivision within the preceding five years, 5 shall be guilty of a class A misdemeanor and, upon conviction thereof, 6 shall be punished by a fine of not less than [three thousand seven7hundred fifty] five thousand six hundred twenty-five dollars per day nor 8 more than [thirty-seven thousand five hundred] fifty-six thousand two 9 hundred fifty dollars per day of violation, or by imprisonment for a 10 term in accordance with the penal law, or by both such fine and impri- 11 sonment. 12 c. i. Any person who shall violate paragraph a of this subdivision and 13 thereby causes or attempts to cause the release of more than seventy 14 cubic yards of solid waste into the environment shall be guilty of a 15 class A misdemeanor and, upon conviction thereof, shall be punished by a 16 fine of not less than [three thousand seven hundred fifty] five thousand 17 six hundred twenty-five dollars per day nor more than [thirty-seven18thousand five hundred] fifty-six thousand two hundred fifty dollars per 19 day of violation, or by imprisonment for a term in accordance with the 20 penal law, or by both such fine and imprisonment. 21 ii. Any person who shall violate paragraph a of this subdivision and 22 thereby causes or attempts to cause the release of more than seventy 23 cubic yards of solid waste into the environment, after having been 24 convicted of a violation of this subdivision within the preceding five 25 years, shall be guilty of a class E felony and, upon conviction thereof, 26 shall be punished by a fine of not less than [seven thousand five27hundred] eleven thousand two hundred fifty dollars per day nor more than 28 [seventy-five] one hundred twelve thousand five hundred dollars per day 29 of violation, or by imprisonment for a term in accordance with the penal 30 law, or by both such fine and imprisonment. 31 3. Additional sanctions. Any person who violates any of the provisions 32 of, or who fails to perform any duty imposed by title 7 of article 27, 33 with regard to the construction and operation of facilities for the 34 disposal of construction and demolition debris or any rule or regulation 35 promulgated pursuant thereto, or any term or condition of any certif- 36 icate or permit issued pursuant thereto or any final determination or 37 order of the commissioner made pursuant to this title shall be liable 38 for a civil penalty not to exceed [fifteen] twenty-two thousand five 39 hundred dollars and each day of such deposition shall constitute a sepa- 40 rate violation and said civil penalty is in addition to any other fines 41 or penalties which may be applied pursuant to this title. 42 § 49. Section 71-2705 of the environmental conservation law, as added 43 by chapter 550 of the laws of 1980, subdivision 1 as amended by section 44 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of 45 the laws of 2003, is amended to read as follows: 46 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap- 47 ter. 48 1. Civil and administrative sanctions. Any person who violates any of 49 the provisions of, or who fails to perform any duty imposed by titles 9, 50 11 and 13 of article 27 or any rule or regulation promulgated pursuant 51 thereto, or any term or condition of any certificate or permit issued 52 pursuant thereto, or any final determination or order of the commission- 53 er made pursuant to this title shall be liable in the case of a first 54 violation, for a civil penalty not to exceed [thirty-seven thousand five55hundred] fifty-six thousand two hundred fifty dollars and an additional 56 penalty of not more than [thirty-seven thousand five hundred] fifty-sixA. 8213--B 21 1 thousand two hundred fifty dollars for each day during which such 2 violation continues, to be assessed by the commissioner after an oppor- 3 tunity to be heard pursuant to the provisions of section 71-1709 of this 4 article, or by the court in any action or proceeding pursuant to section 5 71-2727 of this title, and, in addition thereto, such person may by 6 similar process be enjoined from continuing such violation and any 7 permit or certificate issued to such person may be revoked or suspended 8 or a pending renewal application denied. In the case of a second and any 9 further violation, the liability shall be for a civil penalty not to 10 exceed [seventy-five] one hundred twelve thousand five hundred dollars 11 for each such violation and an additional penalty not to exceed [seven-12ty-five] one hundred twelve thousand five hundred dollars for each day 13 during which such violation continues. 14 2. Criminal sanctions. Any person who, having any of the culpable 15 mental states defined in section 15.05 of the penal law, shall violate 16 any of the provisions of or who fails to perform any duty imposed by 17 titles 9, 11 and 13 of article 27 or any rules and regulations promul- 18 gated pursuant thereto, or any term or condition of any certificate or 19 permit issued pursuant thereto, or any final determination or order of 20 the commissioner made pursuant to this title shall be guilty of a misde- 21 meanor and, upon conviction thereof, shall for a first conviction be 22 punished by a fine not to exceed [thirty-seven thousand five hundred] 23 fifty-six thousand two hundred fifty dollars per day of violation or by 24 imprisonment for a term of not more than one year, or both such fine and 25 imprisonment. If the conviction is for an offense committed after a 26 first conviction of such person under this subdivision, punishment shall 27 be by a fine not to exceed [seventy-five] one hundred twelve thousand 28 five hundred dollars per day of violation, or by imprisonment for not 29 more than two years or by both such fine and imprisonment. 30 § 50. Subdivision 2 of section 71-2721 of the environmental conserva- 31 tion law, as amended by section 32 of part C of chapter 62 of the laws 32 of 2003, is amended to read as follows: 33 2. Fines. A sentence to pay a fine shall be a sentence to pay an 34 amount fixed by the court, not exceeding the higher of: 35 (a) [Three] Four hundred fifty thousand dollars for a class C felony; 36 (b) [Two hundred twenty-five thousand] Three hundred thirty-seven 37 thousand five hundred dollars for a class D felony; 38 (c) [One hundred fifty thousand] Twenty-two thousand five hundred 39 dollars for a class E felony; 40 (d) [Thirty-seven thousand five hundred] Fifty-six thousand two 41 hundred fifty dollars for a class A misdemeanor; 42 (e) [Fifteen] Two hundred twenty-five thousand dollars for a class B 43 misdemeanor; or 44 (f) Double the amount of the defendant's gain from the commission of 45 the crime. 46 § 51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental 47 conservation law, subdivision 1 as amended by section 33 and subdivision 48 2 as amended by section 34 of part C of chapter 62 of the laws of 2003, 49 and subdivision 5 as added by chapter 152 of the laws of 1990, are 50 amended to read as follows: 51 1. Any person who knowingly or intentionally violates any of the 52 provisions or fails to perform any duty imposed by section 27-1701 of 53 this chapter, except the duty to accept a lead-acid battery pursuant to 54 subdivision four of such section, shall be liable for a civil penalty 55 not to exceed [seventy-five] one hundred twelve dollars and fifty cents 56 for each violation, provided that such civil penalty shall be in addi-A. 8213--B 22 1 tion to any other penalties authorized under other state or local laws 2 governing the illegal disposal of lead-acid batteries. 3 2. Any retailer or distributor who refuses to accept a lead-acid 4 battery as required pursuant to subdivision four of section 27-1701 of 5 this chapter shall be liable for a civil penalty not to exceed [seven6hundred fifty] one thousand one hundred twenty-five dollars. 7 5. All civil penalties and fines collected for any violation of such 8 title seventeen shall be paid over to the commissioner for deposit in 9 the [general fund] conservation fund to the credit of the conservation 10 enforcement account established pursuant to subdivision (k) of section 11 eighty-three of the state finance law; provided however, that all civil 12 penalties collected for any violation of such title seventeen which have 13 been imposed by the environmental control board of the city of New York, 14 or a local adjudicatory body pursuant to subdivision four of this 15 section, shall be paid into an environmental fund of such city or local- 16 ity. 17 § 52. Subdivisions 1 and 2 of section 71-2724 of the environmental 18 conservation law, as amended by chapter 30 of the laws of 2020, are 19 amended to read as follows: 20 1. Any person who knowingly or intentionally violates any provision of 21 or fails to perform any duty pursuant to title twenty-one of article 22 twenty-seven of this chapter, except subdivision one of section 27-2105 23 of this chapter, shall upon the first finding of such a violation be 24 liable for a civil penalty not to exceed one hundred fifty dollars. Any 25 person convicted of a second or subsequent violation shall be liable for 26 a civil penalty not to exceed [five] seven hundred fifty dollars for 27 each violation. 28 2. Any person who knowingly or intentionally violates or fails to 29 perform any duty imposed by subdivision one of section 27-2105 of this 30 chapter shall upon the first finding of such a violation be provided 31 with educational materials describing the requirements for mercury 32 disposal and the effects of improper mercury disposal, and be warned 33 that future violations shall result in the imposition of a fine. Any 34 person convicted of a second violation shall be liable for a civil 35 penalty not to exceed [fifty] seventy-five dollars. Any person convicted 36 of a third violation shall be liable for a civil penalty not to exceed 37 [seventy-five] one hundred twelve dollars and fifty cents. Any person 38 convicted of a fourth or subsequent violation shall be liable for a 39 civil penalty not to exceed one hundred dollars for each violation. 40 § 53. Subdivision 1 of section 71-2728 of the environmental conserva- 41 tion law, as added by chapter 641 of the laws of 2008, is amended to 42 read as follows: 43 1. Any person who knowingly or intentionally violates any provision of 44 or fails to perform any duty imposed pursuant to title 27 of article 27 45 of this chapter shall upon the first finding of such a violation be 46 provided with a warning that future violations shall result in the impo- 47 sition of a fine. Any person convicted of a second violation shall be 48 liable for a civil penalty not to exceed one hundred fifty dollars. Any 49 person convicted of a third or subsequent violation shall be liable for 50 a civil penalty not to exceed [five] seven hundred fifty dollars. 51 § 54. Section 71-2729 of the environmental conservation law, as added 52 by chapter 99 of the laws of 2010, is amended to read as follows: 53 § 71-2729. Enforcement of title 26 of article 27 of this chapter. 54 1. a. Any consumer, as defined in title twenty-six of article twenty- 55 seven of this chapter, who violates any provision of, or fails to 56 perform any duty imposed by, section 27-2611 of this chapter, shall beA. 8213--B 23 1 liable for a civil penalty not to exceed one hundred fifty dollars for 2 each violation. 3 b. Any person, except a consumer, manufacturer, or an owner or opera- 4 tor of an electronic waste collection site, electronic waste consol- 5 idation facility, or electronic waste recycling facility as these terms 6 are defined in title twenty-six of article twenty-seven of this chapter, 7 who violates any provision, or fails to perform any duty imposed by 8 section 27-2611 of this chapter, shall be liable for a civil penalty not 9 to exceed [two hundred fifty] three hundred seventy-five dollars for 10 each violation. 11 c. Any manufacturer, or any person operating an electronic waste 12 collection site, an electronic waste consolidation facility, or an elec- 13 tronic waste recycling facility as those terms are defined in title 14 twenty-six of article twenty-seven of this chapter, who: 15 i. fails to submit any report, registration, fee, or surcharge to the 16 department as required by title twenty-six of article twenty-seven of 17 this chapter shall be liable for a civil penalty not to exceed one thou- 18 sand five hundred dollars for each day such report, registration, fee, 19 or surcharge is not submitted; and 20 ii. violates any other provision of title twenty-six of article twen- 21 ty-seven of this chapter or fails to perform any duty imposed by such 22 title, except for subdivision four of section 27-2603 of this chapter, 23 shall be liable for a civil penalty for each violation not to exceed one 24 thousand five hundred dollars for the first violation, [two thousand25five hundred] three thousand seven hundred fifty dollars for the second 26 violation and [five] seven thousand five hundred dollars for the third 27 and subsequent violations of this title within a twelve-month period. 28 d. Any retailer, as defined by section 27-2601 of this chapter, who 29 violates any provision of title twenty-six of article twenty-seven of 30 this chapter or fails to perform any duty imposed by such title, shall 31 be liable for a civil penalty for each violation not to exceed [two32hundred fifty] three hundred seventy-five dollars for the first 33 violation, [five] seven hundred fifty dollars for the second violation 34 and one thousand five hundred dollars for the third and subsequent 35 violations of this title in a twelve-month period. 36 e. Civil penalties under this section shall be assessed by the commis- 37 sioner after a hearing or opportunity to be heard pursuant to the 38 provisions of section 71-1709 of this article, or by the court in any 39 action or proceeding pursuant to this section, and, in addition thereto, 40 such person may by similar process be enjoined from continuing such 41 violation. 42 2. All penalties collected pursuant to this section shall be paid over 43 to the commissioner for deposit to the environmental protection fund 44 established pursuant to section ninety-two-s of the state finance law. 45 § 55. Subdivisions 1 and 3 of section 71-2907 of the environmental 46 conservation law, as amended by chapter 285 of the laws of 2000, are 47 amended to read as follows: 48 1. Administrative sanctions. Except as otherwise provided in this 49 subdivision, any person who violates any provision of article 33 of this 50 chapter or any rule, regulation or order issued thereunder or commits 51 any offense described in section 33-1301 of this chapter shall be liable 52 to the people of the state for a civil penalty not to exceed [five] 53 seven thousand five hundred dollars for a first violation, and not to 54 exceed [ten] fifteen thousand dollars for a subsequent offense, to be 55 assessed by the commissioner after a hearing or opportunity to be heard. 56 Notwithstanding any provision of law to the contrary, an owner orA. 8213--B 24 1 owner's agent of a multiple dwelling or owner, owner's agent or a person 2 in a position of authority for all other types of premises, as such 3 terms are defined in paragraph d of subdivision five of section 33-0905 4 of this chapter, who violates any provision of a local law adopted 5 pursuant to subdivision one of section 33-1004 of this chapter relating 6 to paragraph b of such subdivision, and a person, who violates any 7 provision of a local law adopted pursuant to subdivision one of section 8 33-1004 of this chapter relating to paragraph c of such subdivision, and 9 a person who violates the provisions of subdivision three of section 10 three hundred ninety-c of the social services law shall, for a first 11 such violation, in lieu of a penalty, be issued a written warning and 12 shall also be issued educational materials pursuant to subdivision two 13 of section 33-1005 of this chapter. Such person shall, however, for a 14 second violation, be liable to the people of the state for a civil 15 penalty not to exceed one hundred fifty dollars, and not to exceed [two16hundred fifty] three hundred seventy-five dollars for any subsequent 17 violation, such penalties to be assessed by the commissioner after a 18 hearing or opportunity to be heard. 19 Notwithstanding any provision of law to the contrary, any person who 20 violates the provisions of a local law adopted pursuant to subdivision 21 one of section 33-1004 of this chapter relating to paragraph a of such 22 subdivision, shall be issued a warning for the first violation and shall 23 be provided seven days to correct such violation; and shall be liable to 24 the people of the state for a civil penalty not to exceed one hundred 25 fifty dollars for a second violation, and not to exceed [two hundred26fifty] three hundred seventy-five dollars for a subsequent violation, to 27 be assessed by the commissioner after a hearing or opportunity to be 28 heard. The commissioner, acting by the attorney general, may bring suit 29 for collection of such assessed civil penalty in any court of competent 30 jurisdiction. Such civil penalty may be released or compromised by the 31 commissioner before the matter has been referred to the attorney gener- 32 al; and where such matter has been referred to the attorney general, any 33 such penalty may be released or compromised and any action commenced to 34 recover the same may be settled and discontinued by the attorney general 35 with the consent of the commissioner. Any civil penalty assessed by the 36 commissioner under this subdivision shall be reviewable in a proceeding 37 under article 78 of the civil practice law and rules. 38 3. Criminal sanctions. Any person who, having the culpable mental 39 states defined in subdivision one or two of section 15.05 or in section 40 20.20 of the penal law, violates any provision of article 33 of this 41 chapter or any rule, regulation thereunder or commits any offense 42 described in section 33-1301 of this chapter, except an offense relating 43 to the application of a general use pesticide shall be guilty of a 44 misdemeanor and, upon conviction thereof, shall be punished by a fine 45 not to exceed [five] seven thousand five hundred dollars for each day 46 during which such violation continues or by imprisonment for a term of 47 not more than one year, or by both such fine and imprisonment. If the 48 conviction is for a subsequent offense committed after a first 49 conviction of such person under this subdivision, punishment shall be by 50 a fine not to exceed [ten] fifteen thousand dollars for each day during 51 which such violation continues or by imprisonment for a term of not more 52 than one year, or by both such fine and imprisonment. When a violation 53 consists of the manufacture or production of any prohibited article, 54 each day during which or any part of which such manufacture or 55 production is carried on or continued, shall be deemed a separate 56 violation. Any person who violates any provision of article 33 of thisA. 8213--B 25 1 chapter or any rule or regulation thereunder or commits any offense 2 described in section 33-1301 of this chapter relating to the use of a 3 general use pesticide shall be guilty of a violation and, upon 4 conviction thereof, shall be punished by a fine not to exceed [twenty-5five hundred] three thousand seven hundred fifty dollars. If the 6 conviction is for a subsequent offense committed after the first such 7 conviction of such person under this subdivision, punishment shall be by 8 a fine not to exceed [five] seven thousand five hundred dollars. Prose- 9 cution hereunder may be conducted by either the attorney general or the 10 district attorney consistent with section 71-0403 of this article. With 11 respect to violations of section 33-1004 of this chapter, penalties 12 imposed pursuant to this subdivision may be assessed only against a 13 person providing a commercial lawn application. 14 § 56. Section 71-3103 of the environmental conservation law is amended 15 to read as follows: 16 § 71-3103. Enforcement of article 35. 17 Any person who violates any of the provisions of, or who fails to 18 perform any duties imposed by article 35 or any regulation promulgated 19 by the commissioner thereunder, shall be liable to a civil penalty of 20 not more than [twenty-five hundred] three thousand seven hundred fifty 21 dollars for each such violation and an additional penalty of not more 22 than [five] seven hundred fifty dollars for each day during which such 23 violation continues, and, in addition thereto, such person may be 24 enjoined from continuing such violation. Penalties and injunctive relief 25 provided herein shall be recoverable in an action brought by the Attor- 26 ney General at the request and in the name of the commissioner. 27 § 57. Subdivision 1 of section 71-3303 of the environmental conserva- 28 tion law, as added by chapter 617 of the laws of 1987, is amended to 29 read as follows: 30 1. Any person who violates any provision of, or fails to perform any 31 duty imposed by article forty-three of this chapter or any rule or regu- 32 lation promulgated pursuant thereto, or any term or condition of any 33 certificate or permit issued pursuant thereto, or any final determi- 34 nation or order of the Lake George park commission made pursuant to 35 article forty-three of this chapter shall be liable for a civil penalty 36 not to exceed [five] seven hundred fifty dollars for each such violation 37 and an additional penalty of [five] seven hundred fifty dollars for each 38 day during which such violation continues, to be assessed by the Lake 39 George park commission after an opportunity to be heard, or by the court 40 in any action or proceeding initiated by the attorney general in the 41 name of the Lake George park commission. In addition thereto, such 42 person may, by similar process, be enjoined from continuing such 43 violation, and any permit or certificate issued to such person may be 44 revoked or suspended, or a pending renewal application denied based upon 45 such violation. 46 § 58. Section 71-3307 of the environmental conservation law, as added 47 by chapter 617 of the laws of 1987, is amended to read as follows: 48 § 71-3307. Criminal sanctions. 49 Any person who, having any of the culpable mental states defined in 50 section 15.05 of the penal law, shall violate any of the provisions of 51 or who fails to perform any duty imposed by article forty-three of this 52 chapter or any rules or regulations promulgated thereto, or any final 53 determination or order of the Lake George park commission shall be guil- 54 ty of a violation, and, upon conviction thereof, shall be punished by a 55 fine not to exceed [five] seven hundred fifty dollars for each violationA. 8213--B 26 1 and [five] seven hundred fifty dollars for each day such violation shall 2 continue. 3 § 59. Section 71-3501 of the environmental conservation law is amended 4 to read as follows: 5 § 71-3501. Putting noisome or unwholesome substances or maintaining 6 noisome business on or near highway. 7 A person, who deposits, leaves or keeps, on or near a highway or route 8 of public travel, either on the land or on the water, any noisome or 9 unwholesome substance, or establishes, maintains or carries on, upon or 10 near a public highway or route of public travel, either on the land or 11 on the water, any business, trade or manufacture which is noisome or 12 detrimental to public health, is guilty of a misdemeanor, punishable by 13 a fine of not less than one hundred fifty dollars, or by imprisonment 14 not less than three nor more than six months, or both. 15 § 60. Section 71-3703 of the environmental conservation law, as 16 amended by chapter 259 of the laws of 2011, subdivision 4 as amended by 17 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of 18 the laws of 2021, subdivision 6 as added by chapter 111 of the laws of 19 2023, and subdivision 7 as added by chapter 107 of the laws of 2024, is 20 amended to read as follows: 21 § 71-3703. Enforcement of article 37. 22 1. Any person who violates any of the provisions of, or who fails to 23 perform any duty imposed by section 37-0107 or any rule or regulation 24 promulgated pursuant hereto, shall be liable for a civil penalty not to 25 exceed [two thousand five hundred] three thousand seven hundred fifty 26 dollars for each such violation and an additional penalty of not more 27 than [five] seven hundred fifty dollars for each day during which such 28 violation continues, and, in addition thereto, such person may be 29 enjoined from continuing such violation. 30 2. Any person who violates any of the provisions of, or who fails to 31 perform any duty imposed by section 37-0505 or any rule or regulation 32 promulgated pursuant hereto, shall be liable for a civil penalty not to 33 exceed one thousand five hundred dollars for each day during which such 34 violation continues, and in addition thereto, such person may be 35 enjoined from continuing such violation. Such person shall for a second 36 violation be liable to the people of the state for a civil penalty not 37 to exceed [two thousand five hundred] three thousand seven hundred fifty 38 dollars for each day during which such violation continues. 39 3. Any person who violates any of the provisions of, or who fails to 40 perform any duty imposed by section 37-0705 or any rule or regulation 41 promulgated pursuant hereto, shall be liable for a civil penalty not to 42 exceed one thousand five hundred dollars for each day during which such 43 violation continues, and in addition thereto, such person may be 44 enjoined from continuing such violation. Such person shall for a second 45 violation be liable to the people of the state for a civil penalty not 46 to exceed [two thousand five hundred] three thousand seven hundred fifty 47 dollars for each day during which such violation continues. 48 4. Any person who violates any of the provisions of, or who fails to 49 perform any duty imposed by section 37-0117 or any rule or regulation 50 promulgated pursuant hereto, shall be liable for a civil penalty not to 51 exceed one thousand five hundred dollars for each day during which such 52 violation continues, and in addition thereto, such person may be 53 enjoined from continuing such violation. Such person shall for a second 54 violation be liable to the people of the state for a civil penalty not 55 to exceed [two thousand five hundred] three thousand seven hundred fifty 56 dollars for each day during which such violation continues.A. 8213--B 27 1 5. Any person who violates any of the provisions of or who fails to 2 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter 3 or any rule or regulation promulgated pursuant hereto, shall be liable 4 for a civil penalty not to exceed one thousand five hundred dollars for 5 each day during which such violation continues, and in addition thereto, 6 such person may be enjoined from continuing such violation. Such person 7 shall for a second violation be liable to the people of the state for a 8 civil penalty not to exceed [two thousand five hundred] three thousand 9 seven hundred fifty dollars for each day during which such violation 10 continues. 11 6. Any person who violates any of the provisions of, or who fails to 12 perform any duty imposed by section 37-0121 of this chapter or any rule 13 or regulation promulgated pursuant hereto, shall be liable for a civil 14 penalty not to exceed one thousand five hundred dollars for each day 15 during which such violation continues, and in addition thereto, such 16 person may be enjoined from continuing such violation. Such person shall 17 for a second violation be liable to the people of the state for a civil 18 penalty not to exceed [two thousand five hundred] three thousand seven 19 hundred fifty dollars for each day during which such violation contin- 20 ues. 21 7. Any person who violates any of the provisions of, or who fails to 22 perform any duty imposed by section 37-1101 of this chapter or any rule 23 or regulation promulgated pursuant hereto, shall be liable for a civil 24 penalty not to exceed one thousand five hundred dollars for each day 25 during which such violation continues, and in addition thereto, such 26 person may be enjoined from continuing such violation. Such person shall 27 for a second violation be liable to the people of the state for a civil 28 penalty not to exceed [two thousand five hundred] three thousand seven 29 hundred fifty dollars for each day during which such violation contin- 30 ues. 31 § 61. Section 71-3803 of the environmental conservation law, as added 32 by chapter 713 of the laws of 1975, is amended to read as follows: 33 § 71-3803. Enforcement of article thirty-eight. 34 Any person who violates any of the provisions of, or who fails to 35 perform any duty imposed by article thirty-eight or any regulation 36 promulgated by the commissioner thereunder, shall be liable to a civil 37 penalty of not more than [twenty-five hundred] three thousand seven 38 hundred fifty dollars for each such violation and an additional penalty 39 of not more than [five] seven hundred fifty dollars for each day during 40 which such violation continues, and, in addition thereto, such person 41 may be enjoined from continuing such violation. Penalties and injunctive 42 relief provided herein shall be recoverable in an action brought by the 43 attorney general acting alone or at the request of the commissioner. 44 § 62. Section 71-3903 of the environmental conservation law, as added 45 by chapter 732 of the laws of 1980, is amended to read as follows: 46 § 71-3903. Violations; penalties. 47 1. Administrative sanctions. Any person who violates, disobeys or 48 disregards any provision of article thirty-nine shall be liable to the 49 people of the state for a civil penalty of not to exceed [three] four 50 thousand five hundred dollars for every such violation, to be assessed 51 by the commissioner after a hearing or opportunity to be heard. The 52 penalty may be recovered in an action brought by the commissioner in any 53 court of competent jurisdiction. Such civil penalty may be released or 54 [comprised] compromised by the commissioner before the matter has been 55 referred to the attorney general; and where such matter has been 56 referred to the attorney general, any such penalty may be released orA. 8213--B 28 1 [comprised] compromised and any action commenced to recover the same may 2 be settled and discontinued by the attorney general with the consent of 3 the commissioner. In addition, the commissioner shall have power, 4 following a hearing, to direct the violator to cease [his] their 5 violation of article thirty-nine and, where appropriate, to recall any 6 sewage system cleaners or additives sold or distributed in violation of 7 said article. Any such order of the commissioner shall be enforceable in 8 an action brought by the commissioner in any court of competent juris- 9 diction. Any civil penalty or order issued by the commissioner under 10 this subdivision shall be reviewable in a proceeding under article 11 seventy-eight of the civil practice law and rules commenced within thir- 12 ty days of such penalty or order. 13 2. Criminal sanctions. Any person who knowingly violates any provision 14 of section 39-0105 of this chapter shall, in addition to the sanctions 15 provided in subdivision one of this section, for the first offense, be 16 guilty of a violation punishable by a fine of not less than [five] seven 17 hundred fifty nor more than one thousand five hundred dollars; for a 18 second and each subsequent offense [he] such person shall be guilty of a 19 misdemeanor punishable by a fine of not less than one thousand five 20 hundred nor more than [three] four thousand five hundred dollars or a 21 term of imprisonment of not more than six months or both. In addition to 22 or instead of these sanctions, any offender shall be punishable by being 23 ordered by the court to recall any sewage system cleaners or additives 24 sold or distributed in violation of article thirty-nine. The court shall 25 specify a reasonable time for the completion of the recall. Each offense 26 shall be a separate and distinct offense and, in the case of a continu- 27 ing offense, each day's continuance thereof shall be deemed a separate 28 and distinct offense. 29 § 63. Section 71-3905 of the environmental conservation law, as added 30 by chapter 732 of the laws of 1980, is amended to read as follows: 31 § 71-3905. Enforcement. 32 The attorney general or a district attorney, at the request of the 33 attorney general or the commissioner, may prosecute persons who violate 34 article thirty-nine. In addition the attorney general, on [his] their 35 own initiative or at the request of the commissioner, shall have the 36 right to recover a civil penalty of not to exceed [three] four thousand 37 five hundred dollars for every violation of any provision of said arti- 38 cle, and to seek equitable relief to restrain any violation or threat- 39 ened violation of such article and to require the recall of any sewage 40 system cleaners or additives sold or distributed in violation of said 41 article. 42 § 64. Section 71-4001 of the environmental conservation law, as 43 amended by chapter 99 of the laws of 2010, is amended to read as 44 follows: 45 § 71-4001. General criminal penalty. 46 Except as otherwise specifically provided elsewhere in this chapter or 47 in the penal law, (a) a person who violates any provision of this chap- 48 ter, or any rule, regulation or order promulgated pursuant thereto, or 49 the terms or conditions of any permit issued thereunder, shall be guilty 50 of a violation; (b) each day on which such violation occurs shall 51 constitute a separate violation; and (c) for each such violation the 52 person shall be subject upon conviction to imprisonment for not more 53 than fifteen days or to a fine of not more than [nine] one thousand 54 three hundred fifty dollars, or to both such imprisonment and such fine.A. 8213--B 29 1 § 65. Section 71-4003 of the environmental conservation law, as 2 amended by chapter 99 of the laws of 2010, is amended to read as 3 follows: 4 § 71-4003. General civil penalty. 5 Except as otherwise specifically provided elsewhere in this chapter, a 6 person who violates any provision of this chapter, or any rule, regu- 7 lation or order promulgated pursuant thereto, or the terms or conditions 8 of any permit issued thereunder, shall be liable to a civil penalty of 9 not more than one thousand five hundred dollars, and an additional civil 10 penalty of not more than one thousand five hundred dollars for each day 11 during which each such violation continues. Any civil penalty provided 12 for by this chapter may be assessed following a hearing or opportunity 13 to be heard. 14 § 66. Section 71-4103 of the environmental conservation law, as 15 amended by chapter 608 of the laws of 1993, is amended to read as 16 follows: 17 § 71-4103. Enforcement of article seventy-two. 18 Any person who violates any of the provisions of article seventy-two 19 of this chapter or the regulations promulgated thereunder shall be 20 liable for a civil penalty of up to one thousand five hundred dollars in 21 addition to any amount assessed as a penalty pursuant to subdivision 22 five of section 72-0201 of this chapter, except that any person who 23 fails to pay fees required pursuant to section 72-0303 of this chapter 24 shall be subject to penalty provisions pursuant to subdivision twelve of 25 section 72-0201 of this chapter. 26 § 67. Section 71-4303 of the environmental conservation law, as added 27 by chapter 672 of the laws of 1986, is amended to read as follows: 28 § 71-4303. Violations of article forty of this chapter. 29 1. Civil and administrative sanctions. Any person who violates any of 30 the provisions of, or who fails to perform any duty imposed by, article 31 forty of this chapter or any rule or regulation promulgated thereunder, 32 or any terms or conditions of any certificate or permit issued pursuant 33 thereto, or any final determination or order of the commissioner made 34 pursuant to this title, shall be liable in the case of a civil penalty 35 not to exceed [twenty-five] thirty-seven thousand five hundred dollars 36 and an additional penalty of not more than [twenty-five thousand] thir- 37 ty-seven thousand five hundred dollars for each day during which such 38 violation continues, to be assessed by the commissioner after an oppor- 39 tunity to be heard pursuant to the provisions of section 71-1709 of this 40 article or by a court in any action or proceeding pursuant to this 41 title, and, in addition thereto such person may by similar process be 42 enjoined from continuing such violation. In addition, upon the provision 43 of notice stating the grounds for its action and giving an opportunity 44 for hearing, the commissioner may revoke, suspend or deny a certificate 45 or a renewal of a certificate issued pursuant to article forty of this 46 chapter. In the case of a second violation, the liability shall be for a 47 civil penalty not to exceed [fifty] seventy-five thousand dollars for 48 such violation and an additional penalty not to exceed [fifty] seventy- 49 five thousand dollars for each day during which such violation contin- 50 ues. 51 2. Criminal sanctions. Any person who, having any of the culpable 52 mental states defined in section 15.05 of the penal law, shall violate 53 any of the provisions of or who fails to perform any duty imposed by 54 article forty of this chapter or any rules or regulations promulgated 55 pursuant thereto, or any term or condition of any certificate or permit 56 issued pursuant thereto, or any final determination or order of theA. 8213--B 30 1 commissioner made pursuant to this title shall be guilty of a misdemea- 2 nor and, upon conviction thereof, shall for a first conviction be 3 punished by a fine not to exceed [twenty-five] thirty-seven thousand 4 five hundred dollars per day of violation or by imprisonment for a term 5 of not more than one year, or by both such fine and imprisonment. If the 6 conviction is for an offense committed after a first conviction of such 7 person under this subdivision, punishment shall be by a fine not to 8 exceed [fifty] seventy-five thousand dollars per day of violation, or by 9 imprisonment for not more than two years or by both such fine and impri- 10 sonment. 11 § 68. Section 71-4402 of the environmental conservation law, as added 12 by chapter 180 of the laws of 1989, is amended to read as follows: 13 § 71-4402. Violations of title 15 of article 27 of this chapter. 14 1. Civil and administrative sanctions. 15 Any person who violates any of the provisions of, or who fails to 16 perform any duty imposed by title 15 of article 27 of this chapter, or 17 any rule or regulation promulgated pursuant thereto, or any term or 18 condition of any certificate or permit issued pursuant thereto, or any 19 final determination or order of the commissioner made pursuant to this 20 title shall be liable in the case of a first violation, for a civil 21 penalty not to exceed [twenty-five] thirty-seven thousand five hundred 22 dollars and an additional penalty of not more than [twenty-five] thir- 23 ty-seven thousand five hundred dollars for each day during which such 24 violation continues, to be assessed by the commissioner after an oppor- 25 tunity to be heard pursuant to the provisions of section 71-1709 of this 26 chapter, or by the court in any action or proceeding pursuant to section 27 71-2727 of this chapter, and, in addition thereto, such persons may by 28 similar process be enjoined from continuing such violation and any 29 permit or certificate issued to such person may be revoked or suspended 30 or a pending renewal application denied. In the case of a second and any 31 further violation, the liability shall be for a civil penalty not to 32 exceed [fifty] seventy-five thousand dollars for each such violation and 33 an additional penalty not to exceed [fifty] seventy-five thousand 34 dollars for each day during which such violation continues. 35 2. Criminal sanctions. 36 a. Any person who violates any of the provisions of or who fails to 37 perform any duty imposed by title 15 of article 27 of this chapter or 38 any rules and regulations promulgated pursuant thereto, or any term or 39 condition of any certificate or permit issued pursuant thereto, or any 40 final determination or order of the commissioner made pursuant to this 41 title shall be guilty of a violation and, upon conviction thereof, shall 42 be punished by a fine not to exceed [five] seven thousand five hundred 43 dollars per day of violation, or by imprisonment for a term of not more 44 than fifteen days, or by both such fine and imprisonment. 45 b. Any person who, intentionally, knowingly, or recklessly shall 46 violate any of the provisions of or who fails to perform any duty 47 imposed by title 15 of article 27 of this chapter or any rules and regu- 48 lations promulgated pursuant thereto, or any term or condition of any 49 certificate or permit issued pursuant thereto, or any final determi- 50 nation or order of the commissioner made pursuant to this title shall be 51 guilty of a class B misdemeanor and, upon conviction thereof, shall for 52 a first conviction be punished by a fine not to exceed [fifteen] twen- 53 ty-two thousand five hundred dollars per day of violation or by impri- 54 sonment for a term of not more than ninety days, or both such fine and 55 imprisonment. If the conviction is for an offense committed after a 56 first conviction of such person under this paragraph, within the preced-A. 8213--B 31 1 ing five years, such person shall be guilty of a class A misdemeanor and 2 upon conviction, punishment shall be by a fine not to exceed [fifty] 3 seventy-five thousand five hundred dollars per day of violation, or by 4 imprisonment for not more than one year or by both such fine and impri- 5 sonment. 6 § 69. Subdivision 2 of section 71-4411 of the environmental conserva- 7 tion law, as added by chapter 180 of the laws of 1989, is amended to 8 read as follows: 9 2. Fines. A sentence to pay a fine shall be a sentence to pay any 10 amount fixed by the court, not exceeding the higher of: 11 (a) [one hundred fifty] two hundred twenty-five thousand dollars for a 12 class D felony; 13 (b) one hundred fifty thousand dollars for a class E felony; 14 (c) [fifty] seventy-five thousand dollars for a class A misdemeanor; 15 (d) [fifteen] twenty-two thousand five hundred dollars for a class B 16 misdemeanor; or 17 (e) double the amount of the defendant's gain from the commission of 18 the crime. 19 § 70. This act shall take effect immediately.
