Bill Text: NY A08548 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 8548 (Prior Session Legislation)

Introduced

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2017-12-15 - enacting clause stricken [A08548 Detail]

Download: New_York-2017-A08548-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          8548
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      July 10, 2017
                                       ___________
        Introduced by M. of A. KAVANAGH, COLTON, QUART -- read once and referred
          to the Committee on Environmental Conservation
        AN  ACT  to amend the environmental conservation law, in relation to the
          general civil penalty
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 71-4003 of the environmental conservation law, as
     2  amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
     3  follows:
     4  § 71-4003. General civil penalty.
     5    Except as otherwise specifically provided elsewhere in this chapter, a
     6  person  who  violates  any provision of this chapter, or any rule, regu-
     7  lation or order promulgated pursuant thereto, or the terms or conditions
     8  of any permit, certificate or order issued thereunder, shall  be  liable
     9  [to]  for  a civil penalty of not more than one thousand dollars, and an
    10  additional civil penalty of not more than one thousand dollars for  each
    11  day during which each such violation continues; and in addition thereto,
    12  such  person  may  be  enjoined  from continuing such violation, and any
    13  permit or certificate issued to such person may be revoked or suspended,
    14  or a pending renewal application may be  denied.    Any  civil  penalty,
    15  injunctive  relief,  or  permit or certificate revocation, suspension or
    16  denial provided for by this [chapter] section may be assessed  following
    17  a hearing or opportunity to be heard.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02512-01-7