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.
STATE OF NEW YORK
________________________________________________________________________
1645
2011-2012 Regular Sessions
IN ASSEMBLY
January 11, 2011
___________
Introduced by M. of A. KAVANAGH, BOYLAND, COLTON -- 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.
LBD04804-01-1
