Bill Text: NY S02776 | 2015-2016 | General Assembly | Amended

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Bill Title: Relates to enforcement actions for violations of the environmental conservation law.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2016-02-01 - PRINT NUMBER 2776A [S02776 Detail]

Download: New_York-2015-S02776-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2776--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                    January 29, 2015
                                       ___________
        Introduced  by Sens. KRUEGER, HOYLMAN -- read twice and ordered printed,
          and when printed to be committed to  the  Committee  on  Environmental
          Conservation  -- recommitted to the Committee on Environmental Conser-
          vation  in  accordance  with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT  to  amend  the  environmental  conservation law, in relation to
          enforcement actions for violations of such law
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Article 71 of the environmental conservation law is amended
     2  by adding a new title 45 to read as follows:
     3                                   TITLE 45
     4                                ENVIRONMENTAL
     5                             LAW ENFORCEMENT ACT
     6  Section 71-4501. Enforcement actions.
     7          71-4503. Notice of action.
     8          71-4505. Intervention.
     9          71-4507. Approval of settlements.
    10          71-4509. Costs, fees and penalties.
    11          71-4511. Applicability in the Adirondack park.
    12          71-4513. Savings clause.
    13  § 71-4501. Enforcement actions.
    14    1.  Except as otherwise provided in section 71-4503 of this title, any
    15  person who has or may suffer an injury in fact, stemming from an alleged
    16  violation, and redressable from the abatement  of  that  violation,  may
    17  commence a civil action in a court of competent jurisdiction for injunc-
    18  tive  and declaratory relief pursuant to subdivision two of this section
    19  against any person who is alleged to be in violation of any rule,  regu-
    20  lation,  permit,  certificate or order promulgated or issued pursuant to
    21  the following provisions of this chapter:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05688-02-6