Bill Text: NY S03449 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to penalties for violations related to solid waste transportation, facilities and disposal.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S03449 Detail]
Download: New_York-2019-S03449-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3449 2019-2020 Regular Sessions IN SENATE February 7, 2019 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to penalties for violations related to solid waste transportation, facil- ities and disposal The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1, 2 and 3 of section 71-2703 of the environ- 2 mental conservation law, subdivisions 1 and 2 as amended by chapter 508 3 of the laws of 1995, paragraph a of subdivision 1 as amended by section 4 25, subparagraphs i and ii of paragraph b of subdivision 1 as amended by 5 section 26, paragraph a and subparagraphs i and ii of paragraph b of 6 subdivision 2 as amended by section 27, subparagraphs i and ii of para- 7 graph c of subdivision 2 as amended by section 28 and subdivision 3 as 8 amended by section 29 of part C of chapter 62 of the laws of 2003, are 9 amended to read as follows: 10 1. Civil and administrative sanctions. a. Any person who violates any 11 of the provisions of, or who fails to perform any duty imposed by title 12 3 or 7 of article 27 of this chapter or any rule or regulation promul- 13 gated pursuant thereto, or any term or condition of any certificate or 14 permit issued pursuant thereto, or any final determination or order of 15 the commissioner made pursuant to this title shall be liable for a civil 16 penalty not to exceed seven thousand five hundred dollars for each such 17 violation and an additional penalty of not more than one thousand five 18 hundred dollars for each day during which such violation continues, to 19 be assessed by the commissioner after an opportunity to be heard pursu- 20 ant to the provisions of section 71-1709 of this article, or by the 21 court in any action or proceeding pursuant to section 71-2727 of this 22 title, and, in addition thereto, such person may by similar process be 23 enjoined from continuing such violation and any permit or certificate EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09497-01-9S. 3449 2 1 issued to such person may be revoked or suspended or a pending renewal 2 application denied. 3 b. i. Any person who violates any of the provisions of, or who fails 4 to perform any duty imposed by, title 3 or 7 of article 27 of this chap- 5 ter, or any rule or regulation promulgated pursuant thereto, or any term 6 or condition of any certificate or permit issued pursuant thereto and 7 thereby causes the release of solid waste into the environment, shall be 8 liable for a civil penalty not to exceed eleven thousand two hundred 9 fifty dollars for each such violation and an additional penalty of not 10 more than eleven thousand two hundred fifty dollars for each day during 11 which such violation continues, to be assessed by the commissioner after 12 an opportunity to be heard pursuant to the provisions of section 71-1709 13 of this article, or by the court in any action or proceeding pursuant to 14 section 71-2727 of this title, and, in addition thereto, such person may 15 by similar process be enjoined from continuing such violation and any 16 permit or certificate issued to such person may be revoked or suspended 17 or a pending renewal application 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 dollars for each such violation and an 25 additional penalty of not more than twenty-two thousand five hundred 26 dollars for each day during which such violation continues, to be 27 assessed by the commissioner after an opportunity to be heard pursuant 28 to the provisions of section 71-1709 of this article, or by the court in 29 any action or proceeding pursuant to section 71-2727 of this title, and, 30 in addition thereto, such person may by similar process be enjoined from 31 continuing such violation and any permit or certificate issued to such 32 person may be revoked or suspended or a pending renewal application 33 denied. 34 iii. Any person who violates any of the provisions of, or who fails to 35 perform any duty imposed by, title 3 or 7 of article 27 of this chapter, 36 or any rule or regulation promulgated pursuant thereto, or any term or 37 condition of any certificate or permit issued pursuant thereto and 38 thereby causes the release of more than ten cubic yards of solid waste 39 into the environment, after a violation of this subdivision within the 40 preceding five years, may be enjoined from continuing such violation and 41 any permit or certificate issued to such person shall be revoked or 42 suspended or a pending renewal application denied. 43 c. The court in any action or proceeding pursuant to section 71-2727 44 of this [chapter] title may exercise all powers exercisable by the 45 commissioner. 46 2. Criminal sanctions. a. Any person who, having any of the culpable 47 mental states defined in section 15.05 of the penal law, shall violate 48 any of the provisions of or who fails to perform any duty imposed by 49 title 3 or 7 of article 27 of this chapter, or any rules and regulations 50 promulgated pursuant thereto, or any final determination or order of the 51 commissioner made pursuant to this title shall be guilty of a violation 52 and, upon conviction thereof, shall be punished by a fine of not less 53 than one thousand five hundred dollars nor more than [fifteen] thirty 54 thousand dollars per day of violation or by imprisonment for not more 55 than fifteen days or by both such fine and imprisonment.S. 3449 3 1 b. i. 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 shall be guilty of a class B 4 misdemeanor and, upon conviction thereof, shall be punished by a fine of 5 not less than three thousand seven hundred fifty dollars per day nor 6 more than [twenty-two thousand five hundred] forty-five thousand dollars 7 per day of violation, or by imprisonment for a term in accordance with 8 the penal law, or by both such fine and imprisonment. 9 ii. Any person who shall violate paragraph a of this subdivision and 10 thereby causes or attempts to cause the release of more than ten cubic 11 yards of solid waste into the environment, after having been convicted 12 of a violation of this subdivision within the preceding five years, 13 shall be guilty of a class A misdemeanor and, upon conviction thereof, 14 shall be punished by a fine of not less than [three thousand seven15hundred fifty] seventy-five thousand dollars per day nor more than thir- 16 ty-seven thousand five hundred dollars per day of violation, or by 17 imprisonment for a term in accordance with the penal law, or by both 18 such fine and imprisonment. 19 c. i. Any person who shall violate paragraph a of this subdivision and 20 thereby causes or attempts to cause the release of more than seventy 21 cubic yards of solid waste into the environment shall be guilty of a 22 class A misdemeanor and, upon conviction thereof, shall be punished by a 23 fine of not less than [three thousand seven hundred fifty] seventy-five 24 thousand dollars per day nor more than thirty-seven thousand five 25 hundred dollars per day of violation, or by imprisonment for a term in 26 accordance with the penal law, or by both such fine and imprisonment. 27 ii. Any person who shall violate paragraph a of this subdivision and 28 thereby causes or attempts to cause the release of more than seventy 29 cubic yards of solid waste into the environment, after having been 30 convicted of a violation of this subdivision within the preceding five 31 years, shall be guilty of a class E felony and, upon conviction thereof, 32 shall be punished by a fine of not less than seven thousand five hundred 33 dollars per day nor more than [seventy-five] one hundred fifty thousand 34 dollars per day of violation, or by imprisonment for a term in accord- 35 ance with the penal law, or by both such fine and imprisonment. 36 3. Additional sanctions. Any person who violates any of the provisions 37 of, or who fails to perform any duty imposed by title 3 or 7 of article 38 27 of this chapter, with regard to the transportation of construction 39 and demolition debris or the construction and operation of facilities 40 for the disposal of construction and demolition debris or any rule or 41 regulation promulgated pursuant thereto, or any term or condition of any 42 certificate or permit issued pursuant thereto or any final determination 43 or order of the commissioner made pursuant to this title shall be liable 44 for a civil penalty not to exceed fifteen thousand dollars and each day 45 of such deposition shall constitute a separate violation and said civil 46 penalty is in addition to any other fines or penalties which may be 47 applied pursuant to this title. 48 § 2. This act shall take effect on the ninetieth day after it shall 49 have become a law.
