STATE OF NEW YORK
________________________________________________________________________
4033--B
Cal. No. 1351
2025-2026 Regular Sessions
IN SENATE
January 31, 2025
___________
Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported favorably from said
committee and committed to the Committee on Finance -- reported favor-
ably from said committee, ordered to first and second report, ordered
to a third reading, amended and ordered reprinted, retaining its place
in the order of third reading
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 the
13 credit 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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00125-06-5
S. 4033--B 2
1 shall be paid over by such court to the comptroller of the state, with a
2 statement accompanying the same, setting forth the action or proceeding
3 in which such moneys were collected, the name and residence of the
4 defendant, the nature of the offense, and the fines and penalty imposed.
5 The comptroller shall pay these funds into the [general fund of the
6 state] conservation fund to the credit of the conservation enforcement
7 account established pursuant to subdivision (k) of section eighty-three
8 of the state finance law.
9 § 2. Section 83 of the state finance law is amended by adding a new
10 subdivision (k) to read as follows:
11 (k) All moneys, revenue, and interest thereon received and collected
12 pursuant to titles nineteen, twenty-one and twenty-seven of article
13 seventy-one of the environmental conservation law, and pursuant to
14 section 71-0211 of the environmental conservation law, other than those
15 amounts prescribed by law to be directed into other funds, shall be
16 deposited in a special account within the conservation fund to be known
17 as the conservation enforcement account. All of such moneys, revenues
18 and interest shall be available to the department of environmental
19 conservation, pursuant to appropriation, exclusively for funding the
20 enforcement of the environmental conservation law, including funding for
21 scientists, environmental law enforcement officers, attorneys, adminis-
22 trative support, and such other expenses the commissioner deems neces-
23 sary for such enforcement. Such money shall be used to supplement and
24 not supplant funding for the enforcement of the environmental conserva-
25 tion law as of the effective date of this subdivision. The department
26 shall annually submit to the temporary president of the senate, the
27 speaker of the assembly, the minority leader of the senate, and the
28 minority leader of the assembly, following one year after the effective
29 date of this subdivision, an annual expenditure report of the conserva-
30 tion fund.
31 § 3. Subdivision 1 of section 71-0213 of the environmental conserva-
32 tion law, as added by section 1 of part DDD of chapter 59 of the laws of
33 2009, is amended to read as follows:
34 1. Whenever proceedings result in a conviction for an offense under
35 this chapter there shall be levied, in addition to any sentence required
36 or permitted by law, the following mandatory surcharges: (a) in the
37 amount of twenty-five dollars for violations of sportfishing regulations
38 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one
39 hundred twelve dollars and fifty cents for all other offenses under this
40 chapter provided, however, that convictions for offenses under articles
41 seventeen, nineteen or twenty-seven of this chapter shall be subject to
42 a mandatory surcharge equal to the greater of [seventy-five dollars] one
43 hundred twelve dollars and fifty cents or [six] nine percent of any
44 penalty or fine imposed. The mandatory surcharge shall be paid to the
45 clerk of the court who shall remit such mandatory surcharge to the state
46 comptroller provided, however, that in cases where the conviction was
47 rendered by a town or a village justice court, the clerk of such court
48 shall pay twenty-five dollars of such surcharge to the chief fiscal
49 officer of the town or village in the case of surcharges resulting from
50 paragraph (b) of this subdivision and ten dollars in the case of
51 surcharges resulting from paragraph (a) of this subdivision and shall
52 pay the remaining amounts of such mandatory surcharges to the state
53 comptroller in the same manner as provided in section 71-0211 of this
54 article. The comptroller shall pay such monies into the state treasury
55 to the [credit of the general fund] conservation fund to the credit of
S. 4033--B 3
1 the conservation enforcement account established pursuant to subdivision
2 (k) of section eighty-three of the state finance law.
3 § 4. Section 71-0301 of the environmental conservation law, as amended
4 by chapter 400 of the laws of 1973, is amended to read as follows:
5 § 71-0301. Summary abatement.
6 Notwithstanding any inconsistent provisions of law, whenever the
7 commissioner finds, after investigation, that any person is causing,
8 engaging in or maintaining a condition or activity which, in [his] the
9 judgment of the commissioner, presents an imminent danger to the health
10 or welfare of the people of the state or results in or is likely to
11 result in irreversible or irreparable damage to natural resources, and
12 relates to the prevention and abatement powers of the commissioner and
13 it therefore appears to be prejudicial to the interests of the people of
14 the state to delay action until an opportunity for a hearing can be
15 provided, the commissioner may, without prior hearing, order such person
16 by notice, in writing wherever practicable or in such other form as in
17 the commissioner's judgment will reasonably notify such person whose
18 practices are intended to be proscribed, to discontinue, abate or alle-
19 viate such condition or activity, and thereupon such person shall imme-
20 diately discontinue, abate or alleviate such condition or activity. As
21 promptly as possible thereafter, not to exceed fifteen days, the commis-
22 sioner shall provide the person an opportunity to be heard and to pres-
23 ent proof that such condition or activity does not violate the
24 provisions of this section. The commissioner shall adopt any other
25 appropriate rules and regulations prescribing the procedure to be
26 followed in the issuance of such orders. Any person who violates any of
27 the provisions of, or who fails to perform any duty imposed by this
28 section, or any rule, regulation or order promulgated by the commission-
29 er hereunder, shall be liable to a civil penalty of not more than [twen-
30 ty-five hundred] three thousand seven hundred fifty dollars for each
31 such violation and an additional penalty of not more than [five] seven
32 hundred fifty dollars for each day during which such violation contin-
33 ues, and, in addition thereto, such person may be enjoined from continu-
34 ing such violation. Penalties and injunctive relief provided herein
35 shall be recoverable in an action brought by the attorney general at the
36 request and in the name of the commissioner.
37 § 5. Subdivisions 3 and 4 of section 71-0507 of the environmental
38 conservation law, subdivision 3 as amended by chapter 400 of the laws of
39 1973, are amended to read as follows:
40 3. Moneys received by a town justice or a village justice in any
41 action for a penalty brought under the provisions of this chapter listed
42 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
43 the settlement or compromise thereof, or a fine for a violation of the
44 provisions of this chapter listed in section 71-0501 and titles 5
45 through 15 inclusive and title 33 of this article shall be paid to the
46 State Comptroller as provided in section 27 of the Town Law and section
47 4-410 of the village law. From the moneys so received, the State Comp-
48 troller shall pay all lawful fees for services rendered in such actions
49 when instituted by order of the department or upon information of a
50 conservation officer, regional and assistant regional conservation offi-
51 cer, special game protector, district ranger, forest ranger, or member
52 of the state police. The balance of such moneys arising from penalties
53 under [articles] article 11 or 13 [or title 9] of this [article] chapter
54 or upon the settlement or compromise thereof or from fines for
55 violations of any of the provisions of [articles] article 11 or 13 [or
56 title 9] of this [article] chapter after the payment of lawful fees
S. 4033--B 4
1 shall be credited by the Comptroller to the conservation fund. The Comp-
2 troller shall adjust and settle [his] their account with the conserva-
3 tion fund in the manner provided by section 99-a of the State Finance
4 Law. The balance of all other such moneys after payment of lawful fees
5 shall be credited by the Comptroller to the [general fund] conservation
6 fund to the credit of the conservation enforcement account established
7 pursuant to subdivision (k) of section eighty-three of the state finance
8 law.
9 4. All moneys received by any other person or court in an action for a
10 penalty brought under the provisions of this chapter listed in section
11 71-0501 and titles 5 through 15 inclusive and title 33 of this article
12 or upon the settlement or compromise thereof, or a fine for a violation
13 of the provisions of this chapter listed in section 71-0501 and titles 5
14 through 15 inclusive and title 33 of this article, shall be paid by such
15 person or court to the department within thirty days after receipt ther-
16 eof. The department shall pay the expenses of collection and the lawful
17 fees of magistrates and constables for services performed in criminal
18 actions brought upon information of a conservation officer, regional and
19 assistant regional conservation officer, special game protector,
20 district ranger, forest ranger, or member of the state police. Such
21 moneys derived from fines or penalties for violations of [articles]
22 article 11 or 13 [or title 9] of this [article] chapter or from the
23 settlement or compromise thereof shall be paid by the department to the
24 Commissioner of Taxation and Finance and credited to the conservation
25 fund. All other moneys so received by the department shall be paid to
26 the Commissioner of Taxation and Finance and credited to the [general
27 fund] conservation fund to the credit of the conservation enforcement
28 account established pursuant to subdivision (k) of section eighty-three
29 of the state finance law.
30 § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
31 mental conservation law, subdivisions 1, 2 and 6 as amended by chapter
32 602 of the laws of 2003, subdivision 9 as added by chapter 267 of the
33 laws of 2012 and subdivision 10 as added by chapter 330 of the laws of
34 2014, are amended to read as follows:
35 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this
36 section, any person who violates any provision of article 9 or the
37 rules, regulations or orders promulgated pursuant thereto or the terms
38 of any permit issued thereunder, or who fails to perform any duty
39 imposed by any provision thereof shall be guilty of a violation, and,
40 upon conviction, shall be punished by a fine of not more than [two
41 hundred fifty] three hundred seventy-five dollars, or by imprisonment
42 for not more than fifteen days, or by both such fine and imprisonment,
43 and in addition thereto shall be liable to a civil penalty of not less
44 than ten nor more than one hundred fifty dollars.
45 2. The violation of any of the provisions of the following sections
46 shall subject the person guilty thereof to the following civil penalties
47 in addition to the liability prescribed in subdivision 1 of this
48 section:
49 a. Section 9-1113 of this chapter, [two] three dollars per tree;
50 b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five]
51 thirty-seven dollars and fifty cents per day;
52 c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
53 of section 9-1117 of this chapter, [ten] fifteen dollars per mile per
54 day;
55 d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile;
S. 4033--B 5
1 e. Subdivision 2 of section 9-1117 of this chapter, one hundred fifty
2 dollars per each offense; and
3 f. Section 9-1119 of this chapter, one hundred fifty dollars per day
4 per locomotive.
5 With respect to the penalty for violation of subdivision 4 of section
6 9-1105 of this chapter, the owner and every person engaged in such
7 cutting shall be liable therefor; however, the liability for penalty
8 shall not arise until the expiration of twenty days after service,
9 personally or by mail upon the alleged violator at [his] their last
10 known place of residence of a written notice of failure to comply with
11 the requirements of subdivision 4 of section 9-1105 of this chapter.
12 6. (a) In addition to any other penalty provided by law, any person
13 who violates subdivision 1 of section 9-0303 of this chapter shall be
14 liable to a civil penalty of [two hundred fifty] three hundred seventy-
15 five dollars per tree or treble damages, based on the stumpage value of
16 such tree or both. Where the order or decision finds that the defendant
17 established by clear and convincing evidence, that when such defendant
18 committed the violation, [he or she] they had cause to believe that the
19 land was [his or her] their own, or that [he or she] such defendant had
20 an easement or right of way across such land which permitted such
21 action, damages shall be awarded on the basis of the stumpage value of
22 such tree or trees in the market as if they were privately owned.
23 Notwithstanding the foregoing, this section shall not be construed to
24 authorize the cutting of timber or removal of trees where such action
25 would otherwise be violative of any provision of the state constitution
26 or law.
27 (b) In addition to any other penalty provided by law, a person who
28 violates section 9-1501 of this chapter shall be liable for a civil
29 penalty of [two hundred fifty] three hundred seventy-five dollars per
30 tree or treble damages or both, based on the stumpage value of such tree
31 or trees. Where the order or decision finds that the defendant estab-
32 lished by clear and convincing evidence, that when such defendant
33 committed the violation, [he or she] they had cause to believe that the
34 land was [his or her] their own or that [he or she] such defendant had
35 an easement or right of way across such land which permitted such
36 action, damages shall be awarded on the basis of the stumpage value of
37 such tree or trees. Notwithstanding the foregoing, this section shall
38 not be construed to authorize the cutting of timber or removal of trees
39 where such action would otherwise be violative of any provision of the
40 state constitution or law.
41 (c) For purposes of this subdivision, "stumpage value" shall mean the
42 current fair market value of a tree as it stands prior to the time of
43 sale, cutting, or removal. Stumpage value shall be determined by one or
44 more of the following methods: the sale price of the tree in an arm's-
45 length sale, a review of solicited bids, the stumpage price report
46 prepared by the department of environmental conservation, comparison
47 with like sales on trees on state or private lands, or other appropriate
48 means to assure that a fair market value is established within an
49 acceptable range based on the appropriate geographic area.
50 9. a. Any person who transports, sells, imports or introduces invasive
51 species, in violation of the regulations promulgated pursuant to section
52 9-1709 of this chapter shall be subject to the following:
53 For any first violation in lieu of a penalty there may be issued a
54 written warning by the department and there may also be issued education
55 materials at the discretion of the department regarding requirements
56 related to invasive species. Such person shall, however, for any subse-
S. 4033--B 6
1 quent violation thereafter be subject to a fine of no less than [two
2 hundred fifty] three hundred seventy-five dollars.
3 b. Any nursery grower licensed pursuant to article fourteen of the
4 agriculture and markets law, any person who owns or operates a public
5 vessel as such term is defined in paragraph (a) of subdivision six of
6 section two of the navigation law, or any person who owns or operates a
7 commercial fishing vessel who transports, sells, imports or introduces
8 invasive species in violation of the regulations promulgated pursuant to
9 section 9-1709 of this chapter, shall be subject to a fine of not less
10 than [six] nine hundred dollars upon the first penalty. Upon the second
11 penalty such person shall be subject to a fine of not less than [two]
12 three thousand dollars. Upon a subsequent penalty and after a hearing or
13 opportunity to be heard upon due notice the following penalties may
14 apply: (i) such nursery grower may be subject to the revocation proce-
15 dures of section one hundred sixty-three-c of the agriculture and
16 markets law (ii) such person's vessel registration may be suspended or
17 (iii) such person's fishing permit may be revoked by the department.
18 10. Any person who violates section 9-1710 of this chapter shall be
19 guilty of a violation and shall be punishable and liable to a civil
20 penalty as provided in subdivision one of this section, provided, howev-
21 er, that for any first violation in lieu of a penalty there shall be
22 issued a written warning by the department and there shall also be
23 issued education materials at the discretion of the department regarding
24 requirements related to invasive species. Such person shall be subject
25 to a fine of up to [one hundred fifty] two hundred seventy-five dollars
26 for a second offense, up to [two hundred fifty] three hundred seventy-
27 five dollars for a third offense, and no less than [two hundred fifty]
28 three hundred seventy-five dollars nor more than [one thousand] five
29 hundred dollars for a fourth or subsequent offense.
30 § 7. Section 71-0707 of the environmental conservation law is amended
31 to read as follows:
32 § 71-0707. Resisting or obstructing departmental agent or employee.
33 Any person who resists or obstructs an authorized agent or employee of
34 the department while [he] such agent or employee is engaged in carrying
35 out any provision of section 9-0305 shall be guilty of a violation which
36 shall be punishable by a fine not exceeding one hundred fifty dollars
37 and by an additional fine [of] not exceeding [twenty-five] thirty-seven
38 dollars and fifty cents for each additional day of such resistance or
39 obstruction.
40 § 8. Section 71-0709 of the environmental conservation law, as amended
41 by chapter 640 of the laws of 1977, is amended to read as follows:
42 § 71-0709. Injury to state lands.
43 Any person who intentionally or negligently causes a fire which burns
44 on or over state lands shall be liable to the state for treble damages
45 and, in addition, to a civil penalty of [ten] fifteen dollars for every
46 tree killed or destroyed by such fire. Damages to state lands and timber
47 shall be ascertained and determined at the same rate of value as if such
48 property were privately owned.
49 § 9. Section 71-0711 of the environmental conservation law, as amended
50 by chapter 640 of the laws of 1977, is amended to read as follows:
51 § 71-0711. Injury to municipal or private lands.
52 Any person who causes a fire which burns on or over lands belonging to
53 another person or to a municipality shall be liable to the party injured
54 (a) for actual damages in case of fire negligently caused or (b) for the
55 higher of actual damages or damages at the rate of [five] seven dollars
S. 4033--B 7
1 and fifty cents for each tree killed or destroyed in case of fire
2 wilfully caused.
3 § 10. Section 71-1105 of the environmental conservation law, as
4 amended by chapter 99 of the laws of 2010, is amended to read as
5 follows:
6 § 71-1105. Enforcement of subdivision 4 of section 15-0313.
7 Any violation of subdivision 4 of section 15-0313 shall be a
8 violation, punishable by a fine of not more than [one thousand eight]
9 two thousand seven hundred dollars, and in addition thereto, by a civil
10 penalty of not more than [one thousand eight] two thousand seven hundred
11 dollars.
12 § 11. Section 71-1107 of the environmental conservation law, as
13 amended by chapter 640 of the laws of 1977, is amended to read as
14 follows:
15 § 71-1107. Punishment for violations of title 5 of article 15.
16 1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti-
17 tute a misdemeanor, punishable by a fine of not to exceed [ten] fifteen
18 thousand dollars, or by imprisonment not to exceed one year or by both
19 such fine and imprisonment and, in addition thereto, by a civil penalty
20 of not more than [five thousand] seven thousand five hundred dollars.
21 2. A subcontractor, employee or agent of such person or public corpo-
22 ration, or of a state department who knowingly and intentionally acts,
23 or a prime contractor of such person, public corporation or state
24 department who acts with or without an intention to violate the
25 provisions of title 5 of article 15, in disregard of specifications
26 provided in a construction contract protecting against stream damage,
27 shall be guilty of a violation punishable by a fine of not less than
28 [twenty-five] thirty-seven dollars and fifty cents, nor more than [two
29 hundred fifty] three hundred seventy-five dollars, or by imprisonment
30 for not more than fifteen days, or by both such fine and imprisonment,
31 and, in addition, thereto, by a civil penalty of not more than [five
32 thousand] seven thousand five hundred dollars.
33 § 12. Section 71-1109 of the environmental conservation law, as
34 amended by chapter 364 of the laws of 1999, is amended to read as
35 follows:
36 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
37 1. Any owner violating subdivision 1 of section 15-0507 or any regu-
38 lations promulgated pursuant thereto may be liable for a penalty not to
39 exceed [five] seven hundred fifty dollars for each and every offense;
40 every violation of such subdivision shall be a separate and distinct
41 offense; and in case of a continuing violation, every day's continuance
42 thereof shall be deemed a separate and distinct offense.
43 2. Any owner violating subdivision 4 of section 15-0507 may be liable
44 for a penalty not to exceed [five thousand] seven thousand five hundred
45 dollars for each and every offense; every violation of an order referred
46 to in such subdivision shall be a separate and distinct offense; and in
47 case of a continuing violation, every day's continuance thereof shall be
48 deemed a separate and distinct offense.
49 § 13. Section 71-1111 of the environmental conservation law, as
50 amended by chapter 364 of the laws of 1999, is amended to read as
51 follows:
52 § 71-1111. Enforcement of subdivision 3 of section 15-0511.
53 Any person or local public corporation violating subdivision 3 of
54 section 15-0511 may be liable for a penalty not to exceed [five thou-
55 sand] seven thousand five hundred dollars for each and every offense;
56 every violation of an order referred to in such subdivision shall be a
S. 4033--B 8
1 separate and distinct offense; and in case of a continuing violation,
2 every day's continuance thereof shall be deemed a separate and distinct
3 offense.
4 § 14. Subdivision 2 of section 71-1113 of the environmental conserva-
5 tion law, as added by chapter 356 of the laws of 1985, is amended to
6 read as follows:
7 2. Any person who violates the provisions of section 15-1506 of this
8 chapter or the rules, regulations, orders or determinations of the
9 commissioner promulgated thereto or the terms of any permit issued ther-
10 eunder, shall be liable for a civil penalty not less than [twenty-five]
11 three thousand seven hundred fifty dollars nor more than [ten] fifteen
12 thousand dollars per day of such violation.
13 § 15. Section 71-1115 of the environmental conservation law, as
14 amended by chapter 640 of the laws of 1977, is amended to read as
15 follows:
16 § 71-1115. Enforcement of section 15-1525.
17 Any person violating the provisions of section 15-1525 shall be guilty
18 of a violation punishable by a fine of not more than one thousand five
19 hundred dollars, and in addition thereto, shall be liable for a civil
20 penalty of not more than [fifteen hundred] two thousand two hundred
21 fifty dollars.
22 § 16. Subdivisions 1 and 2 of section 71-1117 of the environmental
23 conservation law, as amended by chapter 640 of the laws of 1977, are
24 amended to read as follows:
25 1. Any person or public corporation violating subdivision 1 of section
26 15-1745, shall be guilty of a violation punishable by a fine of not more
27 than [five thousand] seven thousand five hundred dollars.
28 2. In addition, the department may, in an action instituted by it in
29 any court of competent jurisdiction, recover from any such person or
30 public corporation the sum of [one hundred fifty] two hundred twenty-
31 five dollars per day for each day that such person or public corporation
32 continues to take, draw, divert or make use of any part or portion of
33 such waters.
34 § 17. Section 71-1121 of the environmental conservation law, as
35 amended by chapter 640 of the laws of 1977, is amended to read as
36 follows:
37 § 71-1121. Enforcement of subdivision 2 of section 15-1947.
38 Violation of subdivision 2 of section 15-1947 shall constitute a
39 violation, punishable by a fine of not more than one thousand five
40 hundred dollars, and in addition thereto, a civil penalty of not more
41 than [fifteen hundred] two thousand two hundred fifty dollars.
42 § 18. Section 71-1123 of the environmental conservation law, as
43 amended by chapter 640 of the laws of 1977, is amended to read as
44 follows:
45 § 71-1123. Enforcement of section 15-2133.
46 1. Any neglect of the provisions of section 15-2133 by any officer or
47 person in charge of any reservoir shall be a violation punishable by a
48 fine of not more than one thousand five hundred dollars, and in addition
49 thereto, by a civil penalty of not more than [fifteen hundred] two thou-
50 sand two hundred fifty dollars.
51 2. Any person violating the provisions of subdivision 3 of section
52 15-2133 shall be guilty of a violation punishable by a fine of not more
53 than one thousand five hundred dollars, and in addition thereto, shall
54 be liable for a civil penalty of not more than [fifteen hundred] two
55 thousand two hundred fifty dollars.
S. 4033--B 9
1 § 19. Section 71-1125 of the environmental conservation law, as
2 amended by chapter 640 of the laws of 1977, is amended to read as
3 follows:
4 § 71-1125. Enforcement of section 15-2315.
5 Any person who violates the provisions of the first sentence of
6 section 15-2315 shall be guilty of a violation punishable by a fine of
7 not more than one thousand five hundred dollars, and in addition there-
8 to, shall be liable for a civil penalty of not more than [fifteen
9 hundred] two thousand two hundred fifty dollars.
10 § 20. Subdivision 1 of section 71-1127 of the environmental conserva-
11 tion law, as amended by chapter 401 of the laws of 2011, is amended to
12 read as follows:
13 1. Any person who violates any of the provisions of, or who fails to
14 perform any duty imposed by article 15 except section 15-1713, or who
15 violates or who fails to comply with any rule, regulation, determination
16 or order of the department heretofore or hereafter promulgated pursuant
17 to article 15 except section 15-1713, or any condition of a permit
18 issued pursuant to article 15 of this chapter, or any determination or
19 order of the former water resources commission or the department hereto-
20 fore promulgated pursuant to former article 5 of the Conservation Law,
21 shall be liable for a civil penalty of not more than [two thousand five]
22 three thousand seven hundred fifty dollars for such violation and an
23 additional civil penalty of not more than [five] seven hundred fifty
24 dollars for each day during which such violation continues, and, in
25 addition thereto, such person may be enjoined from continuing such
26 violation as otherwise provided in article 15 except section 15-1713.
27 § 21. Section 71-1131 of the environmental conservation law, as added
28 by chapter 640 of the laws of 1977, is amended to read as follows:
29 § 71-1131. Violations; criminal liability.
30 Except as otherwise specifically provided, any person who violates any
31 of the provisions of article 15 of this chapter, or any rule, regulation
32 or order promulgated pursuant thereto, or the terms of any permit issued
33 thereunder shall be guilty of a violation punishable by a fine of not
34 more than [five] seven hundred fifty dollars.
35 § 22. Section 71-1203 of the environmental conservation law, as added
36 by chapter 384 of the laws of 1983, is amended to read as follows:
37 § 71-1203. Penalties.
38 Any person who violates the provisions of article twenty-two of this
39 chapter shall be subject to a civil penalty not to exceed [ten] fifteen
40 thousand dollars for each day during which such violation occurred;
41 provided, however, that the total penalty to be imposed shall not exceed
42 one million five hundred thousand dollars.
43 § 23. Subdivisions 1 and 3 of section 71-1307 of the environmental
44 conservation law, as amended by chapter 99 of the laws of 2010, are
45 amended to read as follows:
46 1. Administrative sanctions. Any person who violates any provision of
47 article 23 of this chapter or commits any offense described in section
48 71-1305 of this title shall be liable to the people of the state for a
49 civil penalty not to exceed [eight] twelve thousand dollars and an addi-
50 tional penalty of [two] three thousand dollars for each day during which
51 such violation continues, to be assessed by the commissioner after a
52 hearing or opportunity to be heard. The commissioner, acting by the
53 attorney general, may bring suit for collection of such assessed civil
54 penalty in any court of competent jurisdiction. Such civil penalty may
55 be released or compromised by the commissioner before the matter has
56 been referred to the attorney general; and where such matter has been
S. 4033--B 10
1 referred to the attorney general, any such penalty may be released or
2 compromised and any action commenced to recover the same may be settled
3 and discontinued by the attorney general with the consent of the commis-
4 sioner. In addition, the commissioner shall have the power, following a
5 hearing conducted pursuant to rules and regulations adopted by the
6 department, to direct the violator to cease the violation and reclaim
7 and repair the affected site to a condition acceptable to the commis-
8 sioner, to the extent possible within a reasonable time and under the
9 direction and supervision of the commissioner. Any such order of the
10 commissioner shall be enforceable in any action brought by the commis-
11 sioner in any court of competent jurisdiction. Any civil penalty or
12 order issued by the commissioner under this subdivision shall be review-
13 able in a proceeding under article seventy-eight of the civil practice
14 law and rules.
15 3. Criminal sanctions. Any person who, having any of the culpable
16 mental states defined in sections 15.05 and 20.20 of the penal law,
17 violates any provision of article 23 of this chapter or commits any
18 offense described in section 71-1305 of this title shall be guilty of a
19 misdemeanor and, upon conviction thereof, shall be punished by a fine
20 not to exceed one thousand five hundred dollars for each day during
21 which such violation continues or by imprisonment for a term of not more
22 than one year, or by both such fine and imprisonment. If the conviction
23 is for a subsequent offense committed after a first conviction of such
24 person under this subdivision, punishment shall be by a fine not to
25 exceed [eight] twelve thousand dollars for each day during which such
26 violation continues or by imprisonment for a term of not more than one
27 year, or by both such fine and imprisonment.
28 § 24. Subdivision 1 of section 71-1707 of the environmental conserva-
29 tion law is amended to read as follows:
30 1. Any person who violates, disobeys or disregards any term or
31 provision of this chapter listed in section 71-1701, or of titles 17
32 through 21 inclusive of this article or of any lawful notice, order or
33 regulation pursuant thereto for which a civil penalty is not otherwise
34 expressly prescribed by law, shall be liable to the people of the state
35 for a civil penalty of not to exceed one thousand five hundred dollars
36 for every such violation.
37 § 25. Section 71-1711 of the environmental conservation law is amended
38 to read as follows:
39 § 71-1711. Willful violation of health laws.
40 1. A person who willfully violates or refuses or omits to comply with
41 any lawful order or regulation prescribed by any local board of health
42 or local health officer, is guilty of a misdemeanor; except, however,
43 that where such order or regulation applies to a tenant with respect to
44 [his] such tenant's own dwelling unit or to an owner occupied one or two
45 family dwelling, such person is guilty of an offense for the first
46 violation punishable by a fine not to exceed [fifty] seventy-five
47 dollars and for a second or subsequent violation is guilty of a misde-
48 meanor punishable by a fine not to exceed [five] seven hundred fifty
49 dollars or by imprisonment not to exceed six months or by both such fine
50 and imprisonment.
51 2. A person who willfully violates any provision of this chapter list-
52 ed in section 71-1701, or of titles 17 through 21 inclusive of this
53 article, or any regulation lawfully made or established by any public
54 officer or board under authority of such provisions, the punishment for
55 violating which is not otherwise prescribed by such provisions or any
S. 4033--B 11
1 other law, is punishable by imprisonment not exceeding one year, or by a
2 fine not exceeding [two] three thousand dollars or by both.
3 § 26. Section 71-1725 of the environmental conservation law, as
4 amended by chapter 400 of the laws of 1973, is amended to read as
5 follows:
6 § 71-1725. Assessment of Penalties.
7 The commissioner may assess any penalty prescribed for a violation of
8 or a failure to comply with any provision contained in this title or
9 listed in section 71-1701, or any lawful notice, order or regulation
10 prescribed by the commissioner under any such provision, one thousand
11 five hundred dollars for every such violation or failure, which penalty
12 may be assessed after a hearing or an opportunity to be heard.
13 § 27. Section 71-1905 of the environmental conservation law is amended
14 to read as follows:
15 § 71-1905. Enforcement of section 17-1705.
16 Any person violating any provision of section 17-1705 shall forfeit to
17 the county where the violation occurred the sum of [fifty] seventy-five
18 dollars for every such violation.
19 § 28. Subdivision 1 of section 71-1907 of the environmental conserva-
20 tion law is amended to read as follows:
21 1. Every person violating any provision of section 17-1707 shall
22 forfeit to the municipality having a local board of health where the
23 violation occurs the sum of [twenty-five] thirty-seven dollars and fifty
24 cents for the first day when the violation takes place, and the sum of
25 [ten] fifteen dollars for every subsequent day that such violation is
26 repeated or continued.
27 § 29. Subdivision 2 of section 71-1909 of the environmental conserva-
28 tion law, as amended by section 35 of part C of chapter 62 of the laws
29 of 2003, is amended to read as follows:
30 2. Any person violating any provision of section 17-1709 shall be
31 guilty of a misdemeanor, and punishable by a fine of not more than
32 [seven hundred fifty] one thousand one hundred twenty-five dollars or by
33 imprisonment for not more than one year or by both such fine and impri-
34 sonment.
35 § 30. Section 71-1911 of the environmental conservation law, as
36 amended by section 36 of part C of chapter 62 of the laws of 2003, is
37 amended to read as follows:
38 § 71-1911. Enforcement of section 17-1711.
39 Any person violating any provision of section 17-1711 shall be guilty
40 of an offense, and punishable by a fine of not more than [seventy-five]
41 one hundred twelve dollars and fifty cents.
42 § 31. Subdivision 2 of section 71-1913 of the environmental conserva-
43 tion law is amended to read as follows:
44 2. Any person violating any provision of section 17-1713 shall be
45 guilty of a misdemeanor, and punishable by a fine of not more than
46 [five] seven hundred fifty dollars or by imprisonment for not more than
47 one year or by both such fine and imprisonment.
48 § 32. Subdivision 1 of section 71-1915 of the environmental conserva-
49 tion law is amended to read as follows:
50 1. Any person violating any provision of section 17-1715 shall be
51 guilty of a misdemeanor, and punishable by a fine of not more than
52 [five] seven hundred fifty dollars or by imprisonment for not more than
53 one year or by both such fine and imprisonment.
54 § 33. Subdivision 1 of section 71-1921 of the environmental conserva-
55 tion law is amended to read as follows:
S. 4033--B 12
1 1. Any person putting in or constructing or maintaining a conduit,
2 discharge pipe or other means of discharging or casting any refuse or
3 waste matter in violation of section 17-1729 shall forfeit to the people
4 of the state [five] seven dollars and fifty cents a day for each day the
5 same is used or maintained for such purpose, to be collected in an
6 action brought by the commissioner.
7 § 34. Subdivision 1 of section 71-1929 of the environmental conserva-
8 tion law, as amended by section 37 of part C of chapter 62 of the laws
9 of 2003, is amended to read as follows:
10 1. A person who violates any of the provisions of, or who fails to
11 perform any duty imposed by titles 1 through 11 inclusive and title 19
12 of article 17, or the rules, regulations, orders or determinations of
13 the commissioner promulgated thereto or the terms of any permit issued
14 thereunder, shall be liable to a penalty of not to exceed [thirty-seven
15 thousand five hundred] fifty-six thousand two hundred fifty dollars per
16 day for each violation, and, in addition thereto, such person may be
17 enjoined from continuing such violation as hereinafter provided.
18 Violation of a permit condition shall constitute grounds for revocation
19 of such permit, which revocation may be accomplished either as provided
20 in paragraph f of subdivision 4 of section 17-0303 or by order of judg-
21 ment of the supreme court as an alternate or additional civil penalty in
22 an action brought pursuant to subdivision 3 of this section.
23 § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
24 of subdivision 8 of section 71-1933 of the environmental conservation
25 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
26 and iv of paragraph b of subdivision 8 as amended by section 39 of part
27 C of chapter 62 of the laws of 2003, are amended to read as follows:
28 1. Any person who, having any of the culpable mental states defined in
29 section 15.05 of the penal law, shall violate any of the provisions of
30 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules,
31 regulations, orders or determinations of the commissioner promulgated
32 thereto, or the terms of any permit issued thereunder, shall be guilty
33 of a misdemeanor and, upon conviction thereof, shall be punished by a
34 fine of not less than [three thousand seven hundred fifty] five thousand
35 six hundred twenty-five dollars nor more than [thirty-seven thousand
36 five hundred] fifty-six thousand two hundred fifty dollars per day of
37 violation or by imprisonment for a term of not more than one year, or by
38 both such fine and imprisonment. If the conviction is for an offense
39 committed after a first conviction of such person under this subdivi-
40 sion, punishment shall be by a fine of not more than [seventy-five thou-
41 sand] one hundred twelve thousand five hundred dollars per day of
42 violation, or by imprisonment for not more than two years, or by both.
43 i. [$750,000] $1,125,000 for a class C felony committed by an organ-
44 ization as defined in section 71-1932 of this title;
45 ii. [$375,000] $562,500 for a class C felony;
46 iii. [$75,000] $112,500 per day of continuing violation for a class E
47 felony defined under subdivision four of this section but in no event
48 less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony
49 defined under subdivision seven of this section;
50 iv. [$37,500] $56,250 per day of continuing violation for a class A
51 misdemeanor but in no event less than [$3,750] $5,625.
52 § 36. Paragraph b of subdivision 3 of section 71-1939 of the environ-
53 mental conservation law, as added by chapter 543 of the laws of 2010, is
54 amended to read as follows:
55 b. All fines and penalties collected pursuant to this subdivision
56 shall be paid to the district or county, provided, however, that one-
S. 4033--B 13
1 quarter of such fines and penalties received shall be paid to the
2 [general fund to the credit of the state purposes account] conservation
3 fund to the credit of the conservation enforcement account established
4 pursuant to subdivision (k) of section eighty-three of the state finance
5 law.
6 § 37. Subdivision 1 of section 71-1941 of the environmental conserva-
7 tion law, as amended by section 40 of part C of chapter 62 of the laws
8 of 2003, is amended to read as follows:
9 1. Except where the owner of or a person in actual or constructive
10 possession or control of more than one thousand one hundred gallons, in
11 bulk, of any liquid including petroleum which, if released, would or
12 would be likely to pollute the lands or waters of the state including
13 the groundwaters thereof can prove that the entry or presence of any
14 part of such liquid onto such lands or into or in such waters causing or
15 contributing to a condition therein in contravention of the standards
16 adopted or deemed adopted by the water pollution control board or any of
17 its legal successors was caused solely by (A) an act of God, (B) an act
18 of war, (C) negligence on the part of the United States or New York
19 State Government or (D) an act or omission of a third party without
20 regard to whether any such act or omission was or was not negligent, or
21 any combination of the foregoing clauses, such owner or person shall be
22 liable for a penalty of not more than [three thousand seven hundred
23 fifty] five thousand six hundred twenty-five dollars for an initial
24 incident resulting in or contributing to such a contravention and for an
25 additional penalty not to exceed [seven hundred fifty] one thousand one
26 hundred twenty-five dollars for each day during which such contravention
27 or contribution thereto continues, and in addition shall be liable to
28 the people of the state of New York for the actual costs incurred by or
29 on behalf of the people of the state for the removal or neutralization
30 of such liquid and for any and all reasonable measures taken or
31 attempted to reduce, limit or diminish the extent or effect of such
32 contravention.
33 § 38. Section 71-1943 of the environmental conservation law, as
34 amended by section 41 of part C of chapter 62 of the laws of 2003, is
35 amended to read as follows:
36 § 71-1943. Enforcement of section 17-1743.
37 Any person who fails to so notify the department of such release,
38 discharge or spill into the waters of the state as described in section
39 17-1743 of this chapter shall, upon conviction, be fined not more than
40 [three thousand seven hundred fifty] five thousand six hundred twenty-
41 five dollars or imprisoned for not more than one year, or both.
42 § 39. Section 71-1945 of the environmental conservation law, as added
43 by chapter 205 of the laws of 2010, is amended to read as follows:
44 § 71-1945. Enforcement of title 21 of article 17.
45 1. Except as otherwise provided in this section, any person who
46 violates any provision of title 21 of article 17 of this chapter or any
47 rule, regulation or order issued thereunder shall be liable to the
48 people of the state for a civil penalty not to exceed [five] seven
49 hundred fifty dollars for a first violation, and not to exceed one thou-
50 sand five hundred dollars for each subsequent violation, to be assessed
51 by the commissioner after a hearing or opportunity to be heard.
52 2. Any owner or owner's agent, or occupant of a household who violates
53 any provision of title 21 of article 17 of this chapter or any rule,
54 regulation or order issued thereunder shall, for a first violation be
55 issued a written warning and be provided educational materials. Upon a
56 second violation, the owner or owner's agent, or occupant of a household
S. 4033--B 14
1 shall be liable to the people of the state for a civil penalty not to
2 exceed one hundred fifty dollars, and for any subsequent violations
3 shall be liable to the people of the state for a civil penalty not to
4 exceed [two hundred fifty] three hundred twenty-five dollars. No owner
5 or owner's agent of a household shall be held liable for any violation
6 by an occupant. Such penalties may be assessed by the commissioner after
7 a hearing or opportunity to be heard.
8 § 40. Subdivision 1 of section 71-2103 of the environmental conserva-
9 tion law, as amended by chapter 99 of the laws of 2010, is amended to
10 read as follows:
11 1. Except as provided in section 71-2113, any person who violates any
12 provision of article nineteen or any code, rule or regulation which was
13 promulgated pursuant thereto; or any order except an order directing
14 such person to pay a penalty by a specified date issued by the commis-
15 sioner pursuant thereto, shall be liable, in the case of a first
16 violation, for a penalty not less than [five] seven hundred fifty
17 dollars nor more than [eighteen] twenty-seven thousand dollars for said
18 violation and an additional penalty of not to exceed [fifteen thousand]
19 twenty thousand five hundred dollars for each day during which such
20 violation continues. In the case of a second or any further violation,
21 the liability shall be for a penalty not to exceed [twenty-six] thirty-
22 nine thousand dollars for said violation and an additional penalty not
23 to exceed [twenty-two thousand five hundred] thirty-three thousand seven
24 hundred fifty dollars for each day during which such violation contin-
25 ues. In addition thereto, such person may be enjoined from continuing
26 such violation as hereinafter provided.
27 § 41. Subdivision 1 of section 71-2105 of the environmental conserva-
28 tion law, as amended by chapter 99 of the laws of 2010, is amended to
29 read as follows:
30 1. Except as provided in section 71-2113, any person who shall wilful-
31 ly violate any of the provisions of article 19 or any code, rule or
32 regulation promulgated pursuant thereto or any final determination or
33 order of the commissioner made pursuant to article 19 shall be guilty of
34 a misdemeanor, and, upon conviction thereof, shall be punished by a
35 fine, in the case of a first conviction, of not less than [five] seven
36 hundred fifty dollars nor more than [eighteen] twenty-seven thousand
37 dollars or by imprisonment for a term of not more than one year, or by
38 both such fine and imprisonment, for each separate violation. If the
39 conviction is for an offense committed after the first conviction of
40 such person under this subdivision, such person shall be punished by a
41 fine not to exceed [twenty-six] thirty-nine thousand dollars, or by
42 imprisonment, or by both such fine and imprisonment. Each day on which
43 such violation occurs shall constitute a separate violation.
44 § 42. Section 71-2111 of the environmental conservation law, as added
45 by chapter 400 of the laws of 1973, is amended to read as follows:
46 § 71-2111. Enforcement of air pollution emergency rules and regulations.
47 Any person who violates any of the provisions of any regulation
48 promulgated by the commissioner under authority of paragraph y of subdi-
49 vision one of section 3-0301 shall be liable for a civil penalty of not
50 more than [twenty-five] three thousand seven hundred fifty dollars for
51 each such violation and an additional penalty of not more than [five]
52 seven hundred fifty dollars for each day during which such violation
53 continues, and, in addition thereto, such persons may be enjoined from
54 continuing such violation. Penalties and injunctive relief provided
55 herein shall be recoverable in an action brought by the attorney general
56 at the request and in the name of the commissioner.
S. 4033--B 15
1 § 43. Section 71-2113 of the environmental conservation law, as added
2 by chapter 942 of the laws of 1984, subdivision 1 as amended by section
3 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
4 the laws of 2003, is amended to read as follows:
5 § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
6 1. Civil and administrative sanctions. Any person who violates any of
7 the provisions of, or who fails to perform any duty imposed by section
8 19-0304 of this chapter, or any rule or regulation promulgated pursuant
9 thereto, or any term or condition of any certificate or permit issued
10 pursuant thereto, or any final determination or order of the commission-
11 er made pursuant to article 19 of this chapter concerning a violation of
12 section 19-0304 of this chapter shall be liable in the case of a first
13 violation, for a civil penalty not to exceed [thirty-seven thousand five
14 hundred] fifty-six thousand two hundred fifty dollars and an additional
15 penalty of not more than [thirty-seven thousand five hundred] fifty-six
16 thousand two hundred fifty dollars for each day during which such
17 violation continues, to be assessed by the commissioner after an oppor-
18 tunity to be heard pursuant to the provisions of section 71-1709 of this
19 article, or by the court in any action or proceeding pursuant to section
20 71-2107 of this title, and, in addition thereto, such person may by
21 similar process be enjoined from continuing such violation and any
22 permit or certificate issued to such person may be revoked or suspended
23 or a pending renewal application denied. In the case of a second and any
24 further violation, the liability shall be for a civil penalty not to
25 exceed [seventy-five] one hundred twelve thousand five hundred dollars
26 for each such violation and an additional penalty not to exceed seven-
27 ty-five thousand dollars for each day during which such violation
28 continues.
29 2. Criminal sanctions. Any person who, having any of the culpable
30 mental states defined in section 15.05 of the penal law, shall violate
31 any of the provisions of or who fails to perform any duty imposed by
32 section 19-0304 of this chapter, or any rules and regulations promulgat-
33 ed pursuant thereto, or any term or condition of any certificate or
34 permit issued pursuant thereto, or any final determination or order of
35 the commissioner made pursuant to article 19 of this chapter concerning
36 a violation of section 19-0304 of this chapter shall be guilty of a
37 misdemeanor and, upon conviction thereof, shall for a first conviction
38 be punished by a fine not to exceed [thirty-seven thousand five hundred]
39 fifty-six thousand two hundred fifty dollars per day of violation or by
40 imprisonment for a term of not more than one year, or both such fine and
41 imprisonment. If the conviction is for an offense committed after a
42 first conviction of such person under this subdivision, punishment shall
43 be by a fine not to exceed [seventy-five] one hundred twelve thousand
44 five hundred dollars per day of violation, or by imprisonment for not
45 more than two years or by both such fine and imprisonment.
46 § 44. Section 71-2201 of the environmental conservation law, as added
47 by chapter 740 of the laws of 1978, the opening paragraph and subdivi-
48 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws
49 of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is
50 amended to read as follows:
51 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
52 Administrative and civil sanctions. 1. Any person who violates any of
53 the provisions of, or who fails to perform any duty imposed by title 23
54 of article 23 except the duty to accept used oil pursuant to section
55 23-2307 or any person subject to section 23-2308 or any rule or regu-
56 lation promulgated pursuant thereto, or any term or condition of any
S. 4033--B 16
1 certificate or permit issued pursuant thereto, or any final determi-
2 nation or order of the commissioner made pursuant to this section shall
3 be liable for a civil penalty not to exceed one thousand five hundred
4 dollars for each such violation and an additional penalty of not more
5 than [five] seven hundred fifty dollars for each day during which such
6 violation continues, to be assessed by the commissioner after a hearing
7 or opportunity to be heard pursuant to the provisions of section 71-1709
8 of this chapter, and, in addition thereto, such person may by similar
9 process be enjoined from continuing such violation and any permit or
10 certificate issued to such person may be revoked or suspended or a pend-
11 ing renewal application denied.
12 2. Any person who refuses to accept used oil as required pursuant to
13 subdivision two of section 23-2307 shall be liable for a civil penalty
14 not to exceed one hundred fifty dollars.
15 3. Any person who violates any provision of section 23-2308 of this
16 chapter shall be subject to a civil penalty not to exceed [two hundred
17 fifty] three hundred seventy-five dollars for each violation.
18 4. Notwithstanding any other provision of law, any person who shall
19 violate the provisions of paragraph [(c)] c of subdivision one of
20 section 23-2307 or paragraph [(d)] d of subdivision two of section
21 23-2307 of this chapter shall be liable for a civil penalty of not more
22 than [five] seven hundred fifty dollars, and an additional civil penalty
23 of not more than [five] seven hundred fifty dollars for each day during
24 which such violation continues, not to exceed [ten] fifteen thousand
25 dollars.
26 § 45. Section 71-2303 of the environmental conservation law, as
27 amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as
28 amended by section 15 of part QQ of chapter 58 of the laws of 2022, is
29 amended to read as follows:
30 § 71-2303. Violation; penalties.
31 1. Civil sanctions. a. Any person who violates, disobeys or disregards
32 any provision of article twenty-four, including title five and section
33 24-0507 thereof or any rule or regulation, local law or ordinance,
34 permit or order issued pursuant thereto, shall be liable to the people
35 of the state for a civil penalty of not to exceed [eleven] sixteen thou-
36 sand five hundred dollars for every such violation, to be assessed,
37 after a hearing or opportunity to be heard upon due notice and with the
38 rights to specification of the charges and representation by counsel at
39 such hearing, by the commissioner or local government or in an action
40 initiated by the attorney general pursuant to section 71-2305 of this
41 title or on the attorney general's own initiative. Each violation shall
42 be a separate and distinct violation and, in the case of a continuing
43 violation, each day's continuance thereof shall be deemed a separate and
44 distinct violation. Such penalty assessed by the commissioner or local
45 government may be recovered in an action brought by the attorney general
46 at the request and in the name of the commissioner or local government
47 in any court of competent jurisdiction. Such civil penalty may be
48 released or compromised by the commissioner or local government before
49 the matter has been referred to the attorney general; and where such
50 matter has been referred to the attorney general, any such penalty may
51 be released or compromised and any action commenced to recover the same
52 may be settled and discontinued by the attorney general with the consent
53 of the commissioner or local government. In addition, the commissioner
54 or local government shall have power, following a hearing held in
55 conformance with the procedures set forth in section 71-1709 of this
56 article, to direct the violator to cease violating the act and to
S. 4033--B 17
1 restore the affected freshwater wetland to its condition prior to the
2 violation, insofar as that is possible within a reasonable time and
3 under the supervision of the commissioner or local government. Any such
4 order of the commissioner or local government shall be enforceable in an
5 action brought by the attorney general at the request and in the name of
6 the commissioner or local government in any court of competent jurisdic-
7 tion. Any civil penalty or order issued by the commissioner or local
8 government pursuant to this subdivision shall be reviewable in a
9 proceeding pursuant to article seventy-eight of the civil practice law
10 and rules.
11 b. Upon determining that significant damage to the functions and bene-
12 fits of a freshwater wetland is occurring or is imminent as a result of
13 any violation of article twenty-four of this chapter, including but not
14 limited to (i) activity taking place requiring a permit under article
15 twenty-four of this chapter but for which no permit has been granted or
16 (ii) failure on the part of a permittee to adhere to permit conditions,
17 the commissioner or local government shall have power to direct the
18 violator to cease and desist from violating the act. In such cases the
19 violator shall be provided an opportunity to be heard within ten days of
20 receipt of the notice to cease and desist.
21 2. Criminal sanctions. Any person who violates any provision of arti-
22 cle twenty-four of this chapter, including any rule or regulation, local
23 law or ordinance, permit or order issued pursuant thereto, shall, in
24 addition, for the first offense, be guilty of a violation punishable by
25 a fine of not less than [two] three thousand nor more than [five] seven
26 thousand five hundred dollars; for a second and each subsequent offense
27 [he] such person shall be guilty of a misdemeanor punishable by a fine
28 of not less than [four] six thousand nor more than [ten] fifteen thou-
29 sand dollars or a term of imprisonment of not less than fifteen days nor
30 more than six months or both. In addition to these punishments, any
31 offender may be punishable by being ordered by the court to restore the
32 affected freshwater wetland or adjacent area to its condition prior to
33 the offense, insofar as that is possible. The court shall specify a
34 reasonable time for the completion of such restoration, which shall be
35 effected under the supervision of the commissioner or local government.
36 Each offense shall be a separate and distinct offense and, in the case
37 of a continuing offense, each day's continuance thereof shall be deemed
38 a separate and distinct offense.
39 3. All fines collected pursuant to this section shall be paid into the
40 environmental protection fund established pursuant to section ninety-
41 two-s of the state finance law.
42 § 46. Paragraph a of subdivision 1 and subdivision 2 of section
43 71-2503 of the environmental conservation law, as amended by chapter 666
44 of the laws of 1989, are amended to read as follows:
45 a. Any person who violates, disobeys or disregards any provision of
46 article twenty-five shall be liable to the people of the state for a
47 civil penalty of not to exceed [ten] fifteen thousand dollars for every
48 such violation, to be assessed, after a hearing or opportunity to be
49 heard, by the commissioner. Each violation shall be a separate and
50 distinct violation and, in the case of a continuing violation, each
51 day's continuance thereof shall be deemed a separate and distinct
52 violation. The penalty may be recovered in an action brought by the
53 commissioner in any court of competent jurisdiction. Such civil penalty
54 may be released or compromised by the commissioner before the matter has
55 been referred to the attorney general; and where such matter has been
56 referred to the attorney general, any such penalty may be released or
S. 4033--B 18
1 compromised and any action commenced to recover the same may be settled
2 and discontinued by the attorney general with the consent of the commis-
3 sioner.
4 2. Criminal sanctions. Any person who violates any provision of arti-
5 cle twenty-five shall, in addition, for the first offense, be guilty of
6 a violation punishable by a fine of not less than [five] seven hundred
7 fifty nor more than [five] seven thousand five hundred dollars; for a
8 second and each subsequent offense such person shall be guilty of a
9 misdemeanor punishable by a fine of not less than one thousand five
10 hundred nor more than [ten] fifteen thousand dollars or a term of impri-
11 sonment of not less than fifteen days nor more than six months or both.
12 In addition to or instead of these punishments, any offender shall be
13 punishable by being ordered by the court to restore the affected tidal
14 wetland or area immediately adjacent thereto to its condition prior to
15 the offense, insofar as that is possible. The court shall specify a
16 reasonable time for the completion of the restoration, which shall be
17 effected under the supervision of the commissioner. Each offense shall
18 be a separate and distinct offense and, in the case of a continuing
19 offense, each day's continuance thereof shall be deemed a separate and
20 distinct offense.
21 § 47. Section 71-2505 of the environmental conservation law, as
22 amended by chapter 249 of the laws of 1997, is amended to read as
23 follows:
24 § 71-2505. Enforcement.
25 The attorney general, on [his] their own initiative or at the request
26 of the commissioner, shall prosecute persons who violate article twen-
27 ty-five. In addition the attorney general, on [his] their own initi-
28 ative or at the request of the commissioner, shall have the right to
29 recover a civil penalty of up to [ten] fifteen thousand dollars for
30 every violation of any provision of such article, and to seek equitable
31 relief to restrain any violation or threatened violation of such article
32 and to require the restoration of any affected tidal wetland or area
33 immediately adjacent thereto to its condition prior to the violation,
34 insofar as that is possible, within a reasonable time and under the
35 supervision of the commissioner. In the case of a continuing violation,
36 each day's continuance thereof shall be deemed a separate and distinct
37 violation.
38 § 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
39 conservation law, subdivisions 1 and 2 as amended by chapter 508 of the
40 laws of 1995, paragraph a of subdivision 1 as amended by section 25,
41 subparagraphs i and ii of paragraph b of subdivision 1 as amended by
42 section 26, paragraph a and subparagraphs i and ii of paragraph b of
43 subdivision 2 as amended by section 27, subparagraphs i and ii of para-
44 graph c of subdivision 2 as amended by section 28 and subdivision 3 as
45 amended by section 29 of part C of chapter 62 of the laws of 2003, are
46 amended to read as follows:
47 1. Civil and administrative sanctions. a. Any person who violates any
48 of the provisions of, or who fails to perform any duty imposed by title
49 3 or 7 of article 27 of this chapter or any rule or regulation promul-
50 gated pursuant thereto, or any term or condition of any certificate or
51 permit issued pursuant thereto, or any final determination or order of
52 the commissioner made pursuant to this title shall be liable for a civil
53 penalty not to exceed [seven thousand five hundred] eleven thousand two
54 hundred fifty dollars for each such violation and an additional penalty
55 of not more than [one thousand five hundred] two thousand two hundred
56 fifty dollars for each day during which such violation continues, to be
S. 4033--B 19
1 assessed by the commissioner after an opportunity to be heard pursuant
2 to the provisions of section 71-1709 of this article, or by the court in
3 any action or proceeding pursuant to section 71-2727 of this title, and,
4 in addition thereto, such person may by similar process be enjoined from
5 continuing such violation and any permit or certificate issued to such
6 person may be revoked or suspended or a pending renewal application
7 denied.
8 b. i. Any person who violates any of the provisions of, or who fails
9 to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
10 ter, or any rule or regulation promulgated pursuant thereto, or any term
11 or condition of any certificate or permit issued pursuant thereto and
12 thereby causes the release of solid waste into the environment, shall be
13 liable for a civil penalty not to exceed [eleven thousand two hundred
14 fifty] sixteen thousand eight hundred seventy-five dollars for each such
15 violation and an additional penalty of not more than [eleven thousand
16 two hundred fifty] sixteen thousand eight hundred seventy-five dollars
17 for each day during which such violation continues, to be assessed by
18 the commissioner after an opportunity to be heard pursuant to the
19 provisions of section 71-1709 of this article, or by the court in any
20 action or proceeding pursuant to section 71-2727 of this title, and, in
21 addition thereto, such person may by similar process be enjoined from
22 continuing such violation and any permit or certificate issued to such
23 person may be revoked or suspended or a pending renewal application
24 denied.
25 ii. Any person who violates any of the provisions of, or who fails to
26 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
27 or any rule or regulation promulgated pursuant thereto, or any term or
28 condition of any certificate or permit issued pursuant thereto and
29 thereby causes the release of more than ten cubic yards of solid waste
30 into the environment, shall be liable for a civil penalty not to exceed
31 [twenty-two thousand five hundred] thirty-three thousand seven hundred
32 fifty dollars for each such violation and an additional penalty of not
33 more than [twenty-two thousand five hundred] thirty-three thousand seven
34 hundred fifty dollars for each day during which such violation contin-
35 ues, to be assessed by the commissioner after an opportunity to be heard
36 pursuant to the provisions of section 71-1709 of this article, or by the
37 court in any action or proceeding pursuant to section 71-2727 of this
38 title, and, in addition thereto, such person may by similar process be
39 enjoined from continuing such violation and any permit or certificate
40 issued to such person may be revoked or suspended or a pending renewal
41 application denied.
42 c. The court in any action or proceeding pursuant to section 71-2727
43 of this chapter may exercise all powers exercisable by the commissioner.
44 2. Criminal sanctions. a. Any person who, having any of the culpable
45 mental states defined in section 15.05 of the penal law, shall violate
46 any of the provisions of or who fails to perform any duty imposed by
47 title 3 or 7 of article 27 of this chapter, or any rules and regulations
48 promulgated pursuant thereto, or any final determination or order of the
49 commissioner made pursuant to this title shall be guilty of a violation
50 and, upon conviction thereof, shall be punished by a fine of not less
51 than [one thousand five hundred] two thousand two hundred fifty dollars
52 nor more than [fifteen] twenty-two thousand five hundred dollars per day
53 of violation or by imprisonment for not more than fifteen days or by
54 both such fine and imprisonment.
55 b. i. Any person who shall violate paragraph a of this subdivision and
56 thereby causes or attempts to cause the release of more than ten cubic
S. 4033--B 20
1 yards of solid waste into the environment shall be guilty of a class B
2 misdemeanor and, upon conviction thereof, shall be punished by a fine of
3 not less than [three thousand seven hundred fifty] five thousand six
4 hundred twenty-five dollars per day nor more than [twenty-two thousand
5 five hundred] thirty-three thousand seven hundred fifty dollars per day
6 of violation, or by imprisonment for a term in accordance with the penal
7 law, or by both such fine and imprisonment.
8 ii. Any person who shall violate paragraph a of this subdivision and
9 thereby causes or attempts to cause the release of more than ten cubic
10 yards of solid waste into the environment, after having been convicted
11 of a violation of this subdivision within the preceding five years,
12 shall be guilty of a class A misdemeanor and, upon conviction thereof,
13 shall be punished by a fine of not less than [three thousand seven
14 hundred fifty] five thousand six hundred twenty-five dollars per day nor
15 more than [thirty-seven thousand five hundred] fifty-six thousand two
16 hundred fifty dollars per day of violation, or by imprisonment for a
17 term in accordance with the penal law, or by both such fine and impri-
18 sonment.
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] five thousand
24 six hundred twenty-five dollars per day nor more than [thirty-seven
25 thousand five hundred] fifty-six thousand two hundred fifty dollars per
26 day of violation, or by imprisonment for a term in accordance with the
27 penal law, or by both such fine and imprisonment.
28 ii. Any person who shall violate paragraph a of this subdivision and
29 thereby causes or attempts to cause the release of more than seventy
30 cubic yards of solid waste into the environment, after having been
31 convicted of a violation of this subdivision within the preceding five
32 years, shall be guilty of a class E felony and, upon conviction thereof,
33 shall be punished by a fine of not less than [seven thousand five
34 hundred] eleven thousand two hundred fifty dollars per day nor more than
35 [seventy-five] one hundred twelve thousand five hundred dollars per day
36 of violation, or by imprisonment for a term in accordance with the penal
37 law, or by both such fine and imprisonment.
38 3. Additional sanctions. Any person who violates any of the provisions
39 of, or who fails to perform any duty imposed by title 7 of article 27,
40 with regard to the construction and operation of facilities for the
41 disposal of construction and demolition debris or any rule or regulation
42 promulgated pursuant thereto, or any term or condition of any certif-
43 icate or permit issued pursuant thereto or any final determination or
44 order of the commissioner made pursuant to this title shall be liable
45 for a civil penalty not to exceed [fifteen] twenty-two thousand five
46 hundred dollars and each day of such deposition shall constitute a sepa-
47 rate violation and said civil penalty is in addition to any other fines
48 or penalties which may be applied pursuant to this title.
49 § 49. Subdivision 2 of section 71-2721 of the environmental conserva-
50 tion law, as amended by section 32 of part C of chapter 62 of the laws
51 of 2003, is amended to read as follows:
52 2. Fines. A sentence to pay a fine shall be a sentence to pay an
53 amount fixed by the court, not exceeding the higher of:
54 (a) [Three] Four hundred fifty thousand dollars for a class C felony;
55 (b) [Two hundred twenty-five thousand] Three hundred thirty-seven
56 thousand five hundred dollars for a class D felony;
S. 4033--B 21
1 (c) [One hundred fifty thousand] Two hundred twenty-two thousand five
2 hundred dollars for a class E felony;
3 (d) [Thirty-seven thousand five hundred] Fifty-six thousand two
4 hundred fifty dollars for a class A misdemeanor;
5 (e) [Fifteen] Two hundred twenty-five thousand dollars for a class B
6 misdemeanor; or
7 (f) Double the amount of the defendant's gain from the commission of
8 the crime.
9 § 50. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
10 conservation law, subdivision 1 as amended by section 33 and subdivision
11 2 as amended by section 34 of part C of chapter 62 of the laws of 2003,
12 and subdivision 5 as added by chapter 152 of the laws of 1990, are
13 amended to read as follows:
14 1. Any person who knowingly or intentionally violates any of the
15 provisions or fails to perform any duty imposed by section 27-1701 of
16 this chapter, except the duty to accept a lead-acid battery pursuant to
17 subdivision four of such section, shall be liable for a civil penalty
18 not to exceed [seventy-five] one hundred twelve dollars and fifty cents
19 for each violation, provided that such civil penalty shall be in addi-
20 tion to any other penalties authorized under other state or local laws
21 governing the illegal disposal of lead-acid batteries.
22 2. Any retailer or distributor who refuses to accept a lead-acid
23 battery as required pursuant to subdivision four of section 27-1701 of
24 this chapter shall be liable for a civil penalty not to exceed [seven
25 hundred fifty] one thousand one hundred twenty-five dollars.
26 5. All civil penalties and fines collected for any violation of such
27 title seventeen shall be paid over to the commissioner for deposit in
28 the [general fund] conservation fund to the credit of the conservation
29 enforcement account established pursuant to subdivision (k) of section
30 eighty-three of the state finance law; provided however, that all civil
31 penalties collected for any violation of such title seventeen which have
32 been imposed by the environmental control board of the city of New York,
33 or a local adjudicatory body pursuant to subdivision four of this
34 section, shall be paid into an environmental fund of such city or local-
35 ity.
36 § 51. Subdivisions 1 and 2 of section 71-2724 of the environmental
37 conservation law, as amended by chapter 30 of the laws of 2020, are
38 amended to read as follows:
39 1. Any person who knowingly or intentionally violates any provision of
40 or fails to perform any duty pursuant to title twenty-one of article
41 twenty-seven of this chapter, except subdivision one of section 27-2105
42 of this chapter, shall upon the first finding of such a violation be
43 liable for a civil penalty not to exceed one hundred fifty dollars. Any
44 person convicted of a second or subsequent violation shall be liable for
45 a civil penalty not to exceed [five] seven hundred fifty dollars for
46 each violation.
47 2. Any person who knowingly or intentionally violates or fails to
48 perform any duty imposed by subdivision one of section 27-2105 of this
49 chapter shall upon the first finding of such a violation be provided
50 with educational materials describing the requirements for mercury
51 disposal and the effects of improper mercury disposal, and be warned
52 that future violations shall result in the imposition of a fine. Any
53 person convicted of a second violation shall be liable for a civil
54 penalty not to exceed [fifty] seventy-five dollars. Any person convicted
55 of a third violation shall be liable for a civil penalty not to exceed
56 [seventy-five] one hundred twelve dollars and fifty cents. Any person
S. 4033--B 22
1 convicted of a fourth or subsequent violation shall be liable for a
2 civil penalty not to exceed one hundred fifty dollars for each
3 violation.
4 § 52. Subdivision 1 of section 71-2728 of the environmental conserva-
5 tion law, as added by chapter 641 of the laws of 2008, is amended to
6 read as follows:
7 1. Any person who knowingly or intentionally violates any provision of
8 or fails to perform any duty imposed pursuant to title 27 of article 27
9 of this chapter shall upon the first finding of such a violation be
10 provided with a warning that future violations shall result in the impo-
11 sition of a fine. Any person convicted of a second violation shall be
12 liable for a civil penalty not to exceed one hundred fifty dollars. Any
13 person convicted of a third or subsequent violation shall be liable for
14 a civil penalty not to exceed [five] seven hundred fifty dollars.
15 § 53. Section 71-2729 of the environmental conservation law, as added
16 by chapter 99 of the laws of 2010, is amended to read as follows:
17 § 71-2729. Enforcement of title 26 of article 27 of this chapter.
18 1. a. Any consumer, as defined in title twenty-six of article twenty-
19 seven of this chapter, who violates any provision of, or fails to
20 perform any duty imposed by, section 27-2611 of this chapter, shall be
21 liable for a civil penalty not to exceed one hundred fifty dollars for
22 each violation.
23 b. Any person, except a consumer, manufacturer, or an owner or opera-
24 tor of an electronic waste collection site, electronic waste consol-
25 idation facility, or electronic waste recycling facility as these terms
26 are defined in title twenty-six of article twenty-seven of this chapter,
27 who violates any provision, or fails to perform any duty imposed by
28 section 27-2611 of this chapter, shall be liable for a civil penalty not
29 to exceed [two hundred fifty] three hundred seventy-five dollars for
30 each violation.
31 c. Any manufacturer, or any person operating an electronic waste
32 collection site, an electronic waste consolidation facility, or an elec-
33 tronic waste recycling facility as those terms are defined in title
34 twenty-six of article twenty-seven of this chapter, who:
35 i. fails to submit any report, registration, fee, or surcharge to the
36 department as required by title twenty-six of article twenty-seven of
37 this chapter shall be liable for a civil penalty not to exceed one thou-
38 sand five hundred dollars for each day such report, registration, fee,
39 or surcharge is not submitted; and
40 ii. violates any other provision of title twenty-six of article twen-
41 ty-seven of this chapter or fails to perform any duty imposed by such
42 title, except for subdivision four of section 27-2603 of this chapter,
43 shall be liable for a civil penalty for each violation not to exceed one
44 thousand five hundred dollars for the first violation, [two thousand
45 five hundred] three thousand seven hundred fifty dollars for the second
46 violation and [five] seven thousand five hundred dollars for the third
47 and subsequent violations of this title within a twelve-month period.
48 d. Any retailer, as defined by section 27-2601 of this chapter, who
49 violates any provision of title twenty-six of article twenty-seven of
50 this chapter or fails to perform any duty imposed by such title, shall
51 be liable for a civil penalty for each violation not to exceed [two
52 hundred fifty] three hundred seventy-five dollars for the first
53 violation, [five] seven hundred fifty dollars for the second violation
54 and one thousand five hundred dollars for the third and subsequent
55 violations of this title in a twelve-month period.
S. 4033--B 23
1 e. Civil penalties under this section shall be assessed by the commis-
2 sioner after a hearing or opportunity to be heard pursuant to the
3 provisions of section 71-1709 of this article, or by the court in any
4 action or proceeding pursuant to this section, and, in addition thereto,
5 such person may by similar process be enjoined from continuing such
6 violation.
7 2. All penalties collected pursuant to this section shall be paid over
8 to the commissioner for deposit to the environmental protection fund
9 established pursuant to section ninety-two-s of the state finance law.
10 § 54. Subdivisions 1 and 3 of section 71-2907 of the environmental
11 conservation law, as amended by chapter 285 of the laws of 2000, are
12 amended to read as follows:
13 1. Administrative sanctions. Except as otherwise provided in this
14 subdivision, any person who violates any provision of article 33 of this
15 chapter or any rule, regulation or order issued thereunder or commits
16 any offense described in section 33-1301 of this chapter shall be liable
17 to the people of the state for a civil penalty not to exceed [five]
18 seven thousand five hundred dollars for a first violation, and not to
19 exceed [ten] fifteen thousand dollars for a subsequent offense, to be
20 assessed by the commissioner after a hearing or opportunity to be heard.
21 Notwithstanding any provision of law to the contrary, an owner or
22 owner's agent of a multiple dwelling or owner, owner's agent or a person
23 in a position of authority for all other types of premises, as such
24 terms are defined in paragraph d of subdivision five of section 33-0905
25 of this chapter, who violates any provision of a local law adopted
26 pursuant to subdivision one of section 33-1004 of this chapter relating
27 to paragraph b of such subdivision, and a person, who violates any
28 provision of a local law adopted pursuant to subdivision one of section
29 33-1004 of this chapter relating to paragraph c of such subdivision, and
30 a person who violates the provisions of subdivision three of section
31 three hundred ninety-c of the social services law shall, for a first
32 such violation, in lieu of a penalty, be issued a written warning and
33 shall also be issued educational materials pursuant to subdivision two
34 of section 33-1005 of this chapter. Such person shall, however, for a
35 second violation, be liable to the people of the state for a civil
36 penalty not to exceed one hundred fifty dollars, and not to exceed [two
37 hundred fifty] three hundred seventy-five dollars for any subsequent
38 violation, such penalties to be assessed by the commissioner after a
39 hearing or opportunity to be heard.
40 Notwithstanding any provision of law to the contrary, any person who
41 violates the provisions of a local law adopted pursuant to subdivision
42 one of section 33-1004 of this chapter relating to paragraph a of such
43 subdivision, shall be issued a warning for the first violation and shall
44 be provided seven days to correct such violation; and shall be liable to
45 the people of the state for a civil penalty not to exceed one hundred
46 fifty dollars for a second violation, and not to exceed [two hundred
47 fifty] three hundred seventy-five dollars for a subsequent violation, to
48 be assessed by the commissioner after a hearing or opportunity to be
49 heard. The commissioner, acting by the attorney general, may bring suit
50 for collection of such assessed civil penalty in any court of competent
51 jurisdiction. Such civil penalty may be released or compromised by the
52 commissioner before the matter has been referred to the attorney gener-
53 al; and where such matter has been referred to the attorney general, any
54 such penalty may be released or compromised and any action commenced to
55 recover the same may be settled and discontinued by the attorney general
56 with the consent of the commissioner. Any civil penalty assessed by the
S. 4033--B 24
1 commissioner under this subdivision shall be reviewable in a proceeding
2 under article 78 of the civil practice law and rules.
3 3. Criminal sanctions. Any person who, having the culpable mental
4 states defined in subdivision one or two of section 15.05 or in section
5 20.20 of the penal law, violates any provision of article 33 of this
6 chapter or any rule, regulation thereunder or commits any offense
7 described in section 33-1301 of this chapter, except an offense relating
8 to the application of a general use pesticide shall be guilty of a
9 misdemeanor and, upon conviction thereof, shall be punished by a fine
10 not to exceed [five] seven thousand five hundred dollars for each day
11 during which such violation continues or by imprisonment for a term of
12 not more than one year, or by both such fine and imprisonment. If the
13 conviction is for a subsequent offense committed after a first
14 conviction of such person under this subdivision, punishment shall be by
15 a fine not to exceed [ten] fifteen thousand dollars for each day during
16 which such violation continues or by imprisonment for a term of not more
17 than one year, or by both such fine and imprisonment. When a violation
18 consists of the manufacture or production of any prohibited article,
19 each day during which or any part of which such manufacture or
20 production is carried on or continued, shall be deemed a separate
21 violation. Any person who violates any provision of article 33 of this
22 chapter or any rule or regulation thereunder or commits any offense
23 described in section 33-1301 of this chapter relating to the use of a
24 general use pesticide shall be guilty of a violation and, upon
25 conviction thereof, shall be punished by a fine not to exceed [twenty-
26 five hundred] three thousand seven hundred fifty dollars. If the
27 conviction is for a subsequent offense committed after the first such
28 conviction of such person under this subdivision, punishment shall be by
29 a fine not to exceed [five] seven thousand five hundred dollars. Prose-
30 cution hereunder may be conducted by either the attorney general or the
31 district attorney consistent with section 71-0403 of this article. With
32 respect to violations of section 33-1004 of this chapter, penalties
33 imposed pursuant to this subdivision may be assessed only against a
34 person providing a commercial lawn application.
35 § 55. Section 71-3103 of the environmental conservation law is amended
36 to read as follows:
37 § 71-3103. Enforcement of article 35.
38 Any person who violates any of the provisions of, or who fails to
39 perform any duties imposed by article 35 or any regulation promulgated
40 by the commissioner thereunder, shall be liable to a civil penalty of
41 not more than [twenty-five hundred] three thousand seven hundred fifty
42 dollars for each such violation and an additional penalty of not more
43 than [five] seven hundred fifty dollars for each day during which such
44 violation continues, and, in addition thereto, such person may be
45 enjoined from continuing such violation. Penalties and injunctive relief
46 provided herein shall be recoverable in an action brought by the Attor-
47 ney General at the request and in the name of the commissioner.
48 § 56. Subdivision 1 of section 71-3303 of the environmental conserva-
49 tion law, as added by chapter 617 of the laws of 1987, is amended to
50 read as follows:
51 1. Any person who violates any provision of, or fails to perform any
52 duty imposed by article forty-three of this chapter or any rule or regu-
53 lation promulgated pursuant thereto, or any term or condition of any
54 certificate or permit issued pursuant thereto, or any final determi-
55 nation or order of the Lake George park commission made pursuant to
56 article forty-three of this chapter shall be liable for a civil penalty
S. 4033--B 25
1 not to exceed [five] seven hundred fifty dollars for each such violation
2 and an additional penalty of [five] seven hundred fifty dollars for each
3 day during which such violation continues, to be assessed by the Lake
4 George park commission after an opportunity to be heard, or by the court
5 in any action or proceeding initiated by the attorney general in the
6 name of the Lake George park commission. In addition thereto, such
7 person may, by similar process, be enjoined from continuing such
8 violation, and any permit or certificate issued to such person may be
9 revoked or suspended, or a pending renewal application denied based upon
10 such violation.
11 § 57. Section 71-3307 of the environmental conservation law, as added
12 by chapter 617 of the laws of 1987, is amended to read as follows:
13 § 71-3307. Criminal sanctions.
14 Any person who, having any of the culpable mental states defined in
15 section 15.05 of the penal law, shall violate any of the provisions of
16 or who fails to perform any duty imposed by article forty-three of this
17 chapter or any rules or regulations promulgated thereto, or any final
18 determination or order of the Lake George park commission shall be guil-
19 ty of a violation, and, upon conviction thereof, shall be punished by a
20 fine not to exceed [five] seven hundred fifty dollars for each violation
21 and [five] seven hundred fifty dollars for each day such violation shall
22 continue.
23 § 58. Section 71-3501 of the environmental conservation law is amended
24 to read as follows:
25 § 71-3501. Putting noisome or unwholesome substances or maintaining
26 noisome business on or near highway.
27 A person, who deposits, leaves or keeps, on or near a highway or route
28 of public travel, either on the land or on the water, any noisome or
29 unwholesome substance, or establishes, maintains or carries on, upon or
30 near a public highway or route of public travel, either on the land or
31 on the water, any business, trade or manufacture which is noisome or
32 detrimental to public health, is guilty of a misdemeanor, punishable by
33 a fine of not less than one hundred fifty dollars, or by imprisonment
34 not less than three nor more than six months, or both.
35 § 59. Section 71-3803 of the environmental conservation law, as added
36 by chapter 713 of the laws of 1975, is amended to read as follows:
37 § 71-3803. Enforcement of article thirty-eight.
38 Any person who violates any of the provisions of, or who fails to
39 perform any duty imposed by article thirty-eight or any regulation
40 promulgated by the commissioner thereunder, shall be liable to a civil
41 penalty of not more than [twenty-five hundred] three thousand seven
42 hundred fifty dollars for each such violation and an additional penalty
43 of not more than [five] seven hundred fifty dollars for each day during
44 which such violation continues, and, in addition thereto, such person
45 may be enjoined from continuing such violation. Penalties and injunctive
46 relief provided herein shall be recoverable in an action brought by the
47 attorney general acting alone or at the request of the commissioner.
48 § 60. Section 71-3903 of the environmental conservation law, as added
49 by chapter 732 of the laws of 1980, is amended to read as follows:
50 § 71-3903. Violations; penalties.
51 1. Administrative sanctions. Any person who violates, disobeys or
52 disregards any provision of article thirty-nine shall be liable to the
53 people of the state for a civil penalty of not to exceed [three] four
54 thousand five hundred dollars for every such violation, to be assessed
55 by the commissioner after a hearing or opportunity to be heard. The
56 penalty may be recovered in an action brought by the commissioner in any
S. 4033--B 26
1 court of competent jurisdiction. Such civil penalty may be released or
2 [comprised] compromised by the commissioner before the matter has been
3 referred to the attorney general; and where such matter has been
4 referred to the attorney general, any such penalty may be released or
5 [comprised] compromised and any action commenced to recover the same may
6 be settled and discontinued by the attorney general with the consent of
7 the commissioner. In addition, the commissioner shall have power,
8 following a hearing, to direct the violator to cease [his] their
9 violation of article thirty-nine and, where appropriate, to recall any
10 sewage system cleaners or additives sold or distributed in violation of
11 said article. Any such order of the commissioner shall be enforceable in
12 an action brought by the commissioner in any court of competent juris-
13 diction. Any civil penalty or order issued by the commissioner under
14 this subdivision shall be reviewable in a proceeding under article
15 seventy-eight of the civil practice law and rules commenced within thir-
16 ty days of such penalty or order.
17 2. Criminal sanctions. Any person who knowingly violates any provision
18 of section 39-0105 of this chapter shall, in addition to the sanctions
19 provided in subdivision one of this section, for the first offense, be
20 guilty of a violation punishable by a fine of not less than [five] seven
21 hundred fifty nor more than one thousand five hundred dollars; for a
22 second and each subsequent offense [he] such person shall be guilty of a
23 misdemeanor punishable by a fine of not less than one thousand five
24 hundred nor more than [three] four thousand five hundred dollars or a
25 term of imprisonment of not more than six months or both. In addition to
26 or instead of these sanctions, any offender shall be punishable by being
27 ordered by the court to recall any sewage system cleaners or additives
28 sold or distributed in violation of article thirty-nine. The court shall
29 specify a reasonable time for the completion of the recall. Each offense
30 shall be a separate and distinct offense and, in the case of a continu-
31 ing offense, each day's continuance thereof shall be deemed a separate
32 and distinct offense.
33 § 61. Section 71-3905 of the environmental conservation law, as added
34 by chapter 732 of the laws of 1980, is amended to read as follows:
35 § 71-3905. Enforcement.
36 The attorney general or a district attorney, at the request of the
37 attorney general or the commissioner, may prosecute persons who violate
38 article thirty-nine. In addition the attorney general, on [his] their
39 own initiative or at the request of the commissioner, shall have the
40 right to recover a civil penalty of not to exceed [three] four thousand
41 five hundred dollars for every violation of any provision of said arti-
42 cle, and to seek equitable relief to restrain any violation or threat-
43 ened violation of such article and to require the recall of any sewage
44 system cleaners or additives sold or distributed in violation of said
45 article.
46 § 62. Section 71-4001 of the environmental conservation law, as
47 amended by chapter 99 of the laws of 2010, is amended to read as
48 follows:
49 § 71-4001. General criminal penalty.
50 Except as otherwise specifically provided elsewhere in this chapter or
51 in the penal law, (a) a person who violates any provision of this chap-
52 ter, or any rule, regulation or order promulgated pursuant thereto, or
53 the terms or conditions of any permit issued thereunder, shall be guilty
54 of a violation; (b) each day on which such violation occurs shall
55 constitute a separate violation; and (c) for each such violation the
56 person shall be subject upon conviction to imprisonment for not more
S. 4033--B 27
1 than fifteen days or to a fine of not more than [nine] one thousand
2 three hundred fifty dollars, or to both such imprisonment and such fine.
3 § 63. Section 71-4003 of the environmental conservation law, as
4 amended by chapter 99 of the laws of 2010, is amended to read as
5 follows:
6 § 71-4003. General civil penalty.
7 Except as otherwise specifically provided elsewhere in this chapter, a
8 person who violates any provision of this chapter, or any rule, regu-
9 lation or order promulgated pursuant thereto, or the terms or conditions
10 of any permit issued thereunder, shall be liable to a civil penalty of
11 not more than one thousand five hundred dollars, and an additional civil
12 penalty of not more than one thousand five hundred dollars for each day
13 during which each such violation continues. Any civil penalty provided
14 for by this chapter may be assessed following a hearing or opportunity
15 to be heard.
16 § 64. Section 71-4103 of the environmental conservation law, as
17 amended by chapter 608 of the laws of 1993, is amended to read as
18 follows:
19 § 71-4103. Enforcement of article seventy-two.
20 Any person who violates any of the provisions of article seventy-two
21 of this chapter or the regulations promulgated thereunder shall be
22 liable for a civil penalty of up to one thousand five hundred dollars in
23 addition to any amount assessed as a penalty pursuant to subdivision
24 five of section 72-0201 of this chapter, except that any person who
25 fails to pay fees required pursuant to section 72-0303 of this chapter
26 shall be subject to penalty provisions pursuant to subdivision twelve of
27 section 72-0201 of this chapter.
28 § 65. Section 71-4303 of the environmental conservation law, as added
29 by chapter 672 of the laws of 1986, is amended to read as follows:
30 § 71-4303. Violations of article forty of this chapter.
31 1. Civil and administrative sanctions. Any person who violates any of
32 the provisions of, or who fails to perform any duty imposed by, article
33 forty of this chapter or any rule or regulation promulgated thereunder,
34 or any terms or conditions of any certificate or permit issued pursuant
35 thereto, or any final determination or order of the commissioner made
36 pursuant to this title, shall be liable in the case of a civil penalty
37 not to exceed twenty-five thousand five hundred dollars and an addi-
38 tional penalty of not more than [twenty-five thousand] thirty-seven
39 thousand five hundred dollars for each day during which such violation
40 continues, to be assessed by the commissioner after an opportunity to be
41 heard pursuant to the provisions of section 71-1709 of this article or
42 by a court in any action or proceeding pursuant to this title, and, in
43 addition thereto such person may by similar process be enjoined from
44 continuing such violation. In addition, upon the provision of notice
45 stating the grounds for its action and giving an opportunity for hear-
46 ing, the commissioner may revoke, suspend or deny a certificate or a
47 renewal of a certificate issued pursuant to article forty of this chap-
48 ter. In the case of a second violation, the liability shall be for a
49 civil penalty not to exceed [fifty] seventy-five thousand dollars for
50 such violation and an additional penalty not to exceed [fifty] seventy-
51 five thousand dollars for each day during which such violation contin-
52 ues.
53 2. Criminal sanctions. Any person who, having any of the culpable
54 mental states defined in section 15.05 of the penal law, shall violate
55 any of the provisions of or who fails to perform any duty imposed by
56 article forty of this chapter or any rules or regulations promulgated
S. 4033--B 28
1 pursuant thereto, or any term or condition of any certificate or permit
2 issued pursuant thereto, or any final determination or order of the
3 commissioner made pursuant to this title shall be guilty of a misdemea-
4 nor and, upon conviction thereof, shall for a first conviction be
5 punished by a fine not to exceed [twenty-five] thirty-seven thousand
6 five hundred dollars per day of violation or by imprisonment for a term
7 of not more than one year, or by both such fine and imprisonment. If the
8 conviction is for an offense committed after a first conviction of such
9 person under this subdivision, punishment shall be by a fine not to
10 exceed [fifty] seventy-five thousand dollars per day of violation, or by
11 imprisonment for not more than two years or by both such fine and impri-
12 sonment.
13 § 66. Section 71-4402 of the environmental conservation law, as added
14 by chapter 180 of the laws of 1989, is amended to read as follows:
15 § 71-4402. Violations of title 15 of article 27 of this chapter.
16 1. Civil and administrative sanctions.
17 Any person who violates any of the provisions of, or who fails to
18 perform any duty imposed by title 15 of article 27 of this chapter, or
19 any rule or regulation promulgated pursuant thereto, or any term or
20 condition of any certificate or permit issued pursuant thereto, or any
21 final determination or order of the commissioner made pursuant to this
22 title shall be liable in the case of a first violation, for a civil
23 penalty not to exceed [twenty-five] thirty-seven thousand five hundred
24 dollars and an additional penalty of not more than [twenty-five] thir-
25 ty-seven thousand five hundred dollars for each day during which such
26 violation continues, to be assessed by the commissioner after an oppor-
27 tunity to be heard pursuant to the provisions of section 71-1709 of this
28 chapter, or by the court in any action or proceeding pursuant to section
29 71-2727 of this chapter, and, in addition thereto, such persons may by
30 similar process be enjoined from continuing such violation and any
31 permit or certificate issued to such person may be revoked or suspended
32 or a pending renewal application denied. In the case of a second and any
33 further violation, the liability shall be for a civil penalty not to
34 exceed [fifty] seventy-five thousand dollars for each such violation and
35 an additional penalty not to exceed [fifty] seventy-five thousand
36 dollars for each day during which such violation continues.
37 2. Criminal sanctions.
38 a. Any person who violates any of the provisions of or who fails to
39 perform any duty imposed by title 15 of article 27 of this chapter or
40 any rules and regulations promulgated pursuant thereto, or any term or
41 condition of any certificate or permit issued pursuant thereto, or any
42 final determination or order of the commissioner made pursuant to this
43 title shall be guilty of a violation and, upon conviction thereof, shall
44 be punished by a fine not to exceed [five] seven thousand five hundred
45 dollars per day of violation, or by imprisonment for a term of not more
46 than fifteen days, or by both such fine and imprisonment.
47 b. Any person who, intentionally, knowingly, or recklessly shall
48 violate any of the provisions of or who fails to perform any duty
49 imposed by title 15 of article 27 of this chapter or any rules and regu-
50 lations promulgated pursuant thereto, or any term or condition of any
51 certificate or permit issued pursuant thereto, or any final determi-
52 nation or order of the commissioner made pursuant to this title shall be
53 guilty of a class B misdemeanor and, upon conviction thereof, shall for
54 a first conviction be punished by a fine not to exceed [fifteen] twen-
55 ty-two thousand five hundred dollars per day of violation or by impri-
56 sonment for a term of not more than ninety days, or both such fine and
S. 4033--B 29
1 imprisonment. If the conviction is for an offense committed after a
2 first conviction of such person under this paragraph, within the preced-
3 ing five years, such person shall be guilty of a class A misdemeanor and
4 upon conviction, punishment shall be by a fine not to exceed [fifty]
5 seventy-five thousand five hundred dollars per day of violation, or by
6 imprisonment for not more than one year or by both such fine and impri-
7 sonment.
8 § 67. Subdivision 2 of section 71-4411 of the environmental conserva-
9 tion law, as added by chapter 180 of the laws of 1989, is amended to
10 read as follows:
11 2. Fines. A sentence to pay a fine shall be a sentence to pay any
12 amount fixed by the court, not exceeding the higher of:
13 (a) [one hundred fifty] two hundred twenty-five thousand dollars for a
14 class D felony;
15 (b) one hundred fifty thousand dollars for a class E felony;
16 (c) [fifty] seventy-five thousand dollars for a class A misdemeanor;
17 (d) [fifteen] twenty-two thousand five hundred dollars for a class B
18 misdemeanor; or
19 (e) double the amount of the defendant's gain from the commission of
20 the crime.
21 § 68. The opening paragraph of subdivision 5 and subdivision 12 of
22 section 72-0201 of the environmental conservation law, the opening para-
23 graph of subdivision 5 as added by chapter 15 of the laws of 1983, and
24 subdivision 12 as added by chapter 608 of the laws of 1993, are amended
25 to read as follows:
26 If the amount of the fee is not paid within forty-five days of the
27 last date prescribed under subdivision four of this section, a penalty
28 shall be imposed on such deficiency. The amount of such penalty shall
29 not exceed [five] seven and one half percent of such deficiency per
30 month and the total penalty shall not exceed twenty-five percent of the
31 deficiency.
32 12. Notwithstanding any other provision of this section, any person
33 who fails to pay fees required pursuant to section 72-0303 of this arti-
34 cle shall pay a penalty of [fifty] seventy-five per centum of the unpaid
35 fee amount, plus interest on the unpaid fee amount computed in accord-
36 ance with section 6621(a)(2) of the United States internal revenue code
37 of 1986 (Public Law 99-514, 26 U.S.C. section 1 et seq.) from the date
38 the fee was required to be paid.
39 § 69. Subdivisions 2 and 3 of section 57-0136 of the environmental
40 conservation law, as amended by chapter 289 of the laws of 2006, are
41 amended to read as follows:
42 2. Civil penalties. (a) For a violation that takes place in the "core
43 preservation area" as defined in subdivision eleven of section 57-0107
44 of this title, any person who violates any provision of this title, the
45 land use plan adopted by the commission, any regulation promulgated by
46 the commission, or the terms or conditions of any order, permit, or
47 determination issued by the commission pursuant to this title shall be
48 liable for a civil penalty of not more than [twenty-five thousand] thir-
49 ty-seven thousand five hundred dollars for each violation and an addi-
50 tional civil penalty of not more than one thousand five hundred dollars
51 for each day that such violation continues.
52 (b) For a violation that takes place in the "compatible growth area"
53 as defined in subdivision twelve of section 57-0107 of this title, any
54 person who violates any provision of this title, the land use plan
55 adopted by the commission, any regulation promulgated by the commission,
56 or the terms or conditions of any order, permit, or determination issued
S. 4033--B 30
1 by the commission pursuant to this title shall be liable for a civil
2 penalty of not more than [ten] fifteen thousand dollars for each
3 violation and an additional civil penalty of not more than one thousand
4 five hundred dollars for each day that such violation continues.
5 3. Criminal penalties. (a) For a violation that takes place in the
6 "core preservation area" as defined in subdivision eleven of section
7 57-0107 of this title, any person who willfully or intentionally
8 violates any provision of this title, the land use plan adopted by the
9 commission, any regulation promulgated by the commission, or the terms
10 or conditions of any order, permit, or determination issued by the
11 commission pursuant to this title shall be guilty of a misdemeanor
12 punishable by a fine of not more than [twenty-five thousand] thirty-sev-
13 en thousand five hundred dollars for each violation and an additional
14 fine of not more than one thousand five hundred dollars for each day
15 that such violation continues.
16 (b) For a violation that takes place in the "compatible growth area"
17 as defined in subdivision twelve of section 57-0107 of this title, any
18 person who willfully or intentionally violates any provision of this
19 title, the land use plan adopted by the commission, any regulation
20 promulgated by the commission, or the terms or conditions of any order,
21 permit, or determination issued by the commission pursuant to this title
22 shall be guilty of a misdemeanor punishable by a fine of not more than
23 [ten] fifteen thousand dollars for each violation and an additional fine
24 of not more than one thousand five hundred dollars for each day that
25 such violation continues.
26 § 70. Subdivision 1 of section 37-0211 of the environmental conserva-
27 tion law, as added by chapter 286 of the laws of 1990, such section as
28 renumbered by chapter 307 of the laws of 2020, is amended to read as
29 follows:
30 1. A violation of any of the provisions of this title or any rule or
31 regulation promulgated pursuant thereto shall be punishable in the case
32 of a first violation, by a civil penalty not to exceed [ten] fifteen
33 thousand dollars. In the case of a second and any further violation, the
34 liability shall be for a civil penalty not to exceed [twenty-five thou-
35 sand] thirty-seven thousand five hundred dollars for each violation.
36 § 71. Section 33-0925 of the environmental conservation law, as
37 amended by chapter 43 of the laws of 2007, is amended to read as
38 follows:
39 § 33-0925. Sanctions.
40 Notwithstanding any other provision of law or regulation pursuant to
41 this title and/or any provision of this article as it relates to the
42 application of aquatic antifouling paints, any person who violates any
43 provision of this title or any rule, regulation or order issued there-
44 under shall be liable to the people of this state for a civil penalty of
45 up to one thousand five hundred dollars for a first violation to be
46 assessed by the commissioner after a hearing or opportunity to be heard.
47 In determining the amount of the penalty, the commissioner shall take
48 into account whether the violation posed an immediate threat to the
49 environment or the health and safety of the public. Any subsequent
50 violation of this title and/or any provision of this article as it
51 relates to the application of aquatic antifouling paints would be
52 subject to the appropriate sanctions pursuant to sections 71-2907 and
53 71-2911 of this chapter.
54 § 72. Subdivisions 1, 2 and 3 of section 27-1809 of the environmental
55 conservation law, as added by chapter 562 of the laws of 2010, are
56 amended to read as follows:
S. 4033--B 31
1 1. Any person who violates the provisions of section 27-1805 of this
2 title shall be liable for a civil penalty in the amount of [fifty]
3 seventy-five dollars for the first violation, one hundred fifty dollars
4 for a second violation committed within twelve months of a prior
5 violation and [two] three hundred dollars for a third or subsequent
6 violation committed within twelve months of any prior violation.
7 2. Any retailer as that term is defined in section 27-1803 of this
8 title, who violates the provisions of section 27-1807 of this title
9 shall be liable for a civil penalty in the amount of [two] three hundred
10 dollars for the first violation, [four] six hundred dollars for a second
11 violation committed within twelve months of a prior violation, and [five
12 hundred] seven hundred fifty dollars for a third or subsequent violation
13 committed within twelve months of any prior violation.
14 3. Any battery manufacturer, as that term is defined in section
15 27-1803 of this title, who violates the provisions of section 27-1807 of
16 this title shall be liable for a civil penalty in the amount of [two]
17 three thousand dollars for the first violation, [four] six thousand
18 dollars for a second violation committed within twelve months of a prior
19 violation, and [five thousand] seven thousand five hundred dollars for a
20 third or subsequent violation committed within twelve months of any
21 prior violation.
22 § 73. Paragraph a of subdivision 9 of section 27-1012 of the environ-
23 mental conservation law, as added by section 8 of part SS of chapter 59
24 of the laws of 2009, is amended to read as follows:
25 a. Any person required to be registered under this section who, with-
26 out being so registered, sells or offers for sale beverage containers in
27 this state, in addition to any other penalty imposed by this title,
28 shall be subject to a penalty to be assessed by the commissioner of
29 taxation and finance in an amount not to exceed [five hundred] seven
30 hundred fifty dollars for the first day on which such sales or offers
31 for sale are made, plus an amount not to exceed [five hundred] seven
32 hundred fifty dollars for each subsequent day on which such sales or
33 offers for sale are made, not to exceed [twenty-five thousand] thirty-
34 seven thousand five hundred dollars in the aggregate.
35 § 74. Subdivisions 1, 2, 3 and 4 of section 27-1015 of the environ-
36 mental conservation law, as amended by section 8 of part F of chapter 58
37 of the laws of 2013, are amended to read as follows:
38 1. Except as otherwise provided in this section and section 27-1012 of
39 this title, any person who shall violate any provision of this title
40 shall be liable to the state of New York for a civil penalty of not more
41 than [five hundred] seven hundred fifty dollars, and an additional civil
42 penalty of not more than [five hundred] seven hundred fifty dollars for
43 each day during which each such violation continues. Any civil penalty
44 may be assessed following a hearing or opportunity to be heard.
45 2. Any distributor, deposit initiator, redemption center or dealer who
46 violates any provision of this title, except as provided in section
47 27-1012 of this title, shall be liable to the state of New York for a
48 civil penalty of not more than one thousand five hundred dollars, and an
49 additional civil penalty of not more than one thousand five hundred
50 dollars for each day during which each such violation continues. Any
51 civil penalty may be assessed following a hearing or opportunity to be
52 heard.
53 3. It shall be unlawful for a distributor or deposit initiator, acting
54 alone or aided by another, to return any empty beverage container to a
55 dealer or redemption center for its refund value if the distributor or
56 deposit initiator had previously accepted such beverage container from
S. 4033--B 32
1 any dealer or operator of a redemption center or if such container was
2 previously accepted by a reverse vending machine. A violation of this
3 subdivision shall be a misdemeanor punishable by a fine of not less than
4 [five hundred] seven hundred fifty dollars nor more than one thousand
5 five hundred dollars and an amount equal to two times the amount of
6 money received as a result of such violation.
7 4. Any person who willfully tenders to a dealer, distributor, redemp-
8 tion center or deposit initiator more than forty-eight empty beverage
9 containers for which such person knows or should reasonably know that no
10 deposit was paid in New York state may be assessed by the department a
11 civil penalty of up to one hundred fifty dollars for each container or
12 up to [twenty-five thousand] thirty-seven thousand five hundred dollars
13 for each such tender of containers. At each location where a person
14 tenders containers for redemption, dealers and redemption centers must
15 conspicuously display a sign in letters that are at least one inch in
16 height with the following information: "WARNING: Persons tendering for
17 redemption containers on which a deposit was never paid in this state
18 may be subject to a civil penalty of up to one hundred fifty dollars per
19 container or up to [twenty-five thousand] thirty-seven thousand five
20 hundred dollars for each such tender of containers." Any civil penalty
21 may be assessed following a hearing or opportunity to be heard.
22 § 75. Subdivision 1 of section 27-2807 of the environmental conserva-
23 tion law, as added by section 2 of part H of chapter 58 of the laws of
24 2019, is amended to read as follows:
25 1. Any person required to collect tax who violates any provision of
26 section 27-2803 of this title shall receive a warning notice for the
27 first such violation. A person required to collect tax shall be liable
28 to the state of New York for a civil penalty of [two hundred fifty]
29 three hundred seventy-five dollars for the first violation after receiv-
30 ing a warning and [five hundred] seven hundred fifty dollars for any
31 subsequent violation in the same calendar year. For purposes of this
32 section, each commercial transaction shall constitute no more than one
33 violation. A hearing or opportunity to be heard shall be provided prior
34 to the assessment of any civil penalty.
35 § 76. Subdivision 4 of section 23-1715 of the environmental conserva-
36 tion law, as amended by chapter 233 of the laws of 1979, is amended to
37 read as follows:
38 4. In the event of the failure of the holder of an environmental safe-
39 ty permit issued under section 23-1707 of this title, of route certif-
40 ication under section 23-1713 of this title, or of a non-conforming
41 facility under section 23-1719 of this title to comply with the terms
42 thereof or the provisions of the rules and regulations adopted under
43 article 70 of this chapter, the department may revoke said permit or
44 certificate pursuant to the provisions of article 70 of this chapter and
45 impose upon the holder of such permit or certificate a civil penalty of
46 up to one thousand five hundred dollars for each day the holder thereof
47 has failed to comply with this title or a permit or certificate issued
48 hereunder, together with the allocated costs of the revocation and
49 enforcement proceeding itself.
50 § 77. Subdivisions 4 and 5 of section 19-0320 of the environmental
51 conservation law, as added by chapter 621 of the laws of 1998, the open-
52 ing paragraph of subdivision 4 as amended by section 1 and the opening
53 paragraph of subdivision 5 as amended by section 2 of part W1 of chapter
54 62 of the laws of 2003, are amended to read as follows:
55 4. Notwithstanding the provisions of title twenty-one of article
56 seventy-one of this chapter, operation of a heavy duty vehicle which,
S. 4033--B 33
1 when tested, exceeds emission levels set forth in regulations promulgat-
2 ed pursuant to this section shall be a violation, and the following
3 penalties shall apply to any violation found as a result of roadside
4 emissions inspections:
5 a. First violation: [$ 700.00] $1050.00
6 Second and subsequent violations: [$1300.00] $1950.00.
7 b. The penalties set forth in paragraph a of this subdivision shall be
8 reduced to [one hundred fifty] two hundred twenty-five dollars for the
9 first violation and [five hundred] seven hundred fifty dollars for the
10 second and subsequent violations by the court or administrative tribunal
11 before which the summons or appearance ticket is returnable if the
12 violation set forth in the summons or appearance ticket is corrected not
13 later than thirty days after the issuance of the summons or appearance
14 ticket and proof of such correction, as defined in paragraph c of this
15 subdivision, is submitted to the court or administrative tribunal. The
16 penalties described in this section shall not apply to vehicles defined
17 by section one hundred forty-two of the vehicle and traffic law or owned
18 by a county, town, city, or village for a first violation provided the
19 vehicle is repaired within thirty days of ticket issuance.
20 c. Acceptable proof of repair or adjustment shall be submitted to the
21 court or administrative tribunal on or before the return date of the
22 summons or appearance ticket in a form and manner prescribed by regu-
23 lations adopted pursuant to this section.
24 5. Notwithstanding the provisions of title twenty-one of article
25 seventy-one of this chapter, operation of any heavy duty vehicle regis-
26 tered or required to be registered in this state without a certificate
27 of inspection resulting from an annual inspection as required by regu-
28 lations adopted pursuant to this section shall be a violation, and the
29 following violation structure shall apply to such violations:
30 a. First violation: [$ 700.00] $1050.00
31 Second and subsequent violations: [$1300.00] $1950.00.
32 b. The penalties defined in paragraph a of this subdivision shall be
33 reduced to [three hundred fifty] five hundred twenty-five dollars for
34 the first violation and [seven hundred fifty] one thousand one hundred
35 twenty-five dollars for second and subsequent violations, provided that
36 the vehicle in question bears a certificate which was valid within the
37 last thirty days. The penalties described in this section shall not
38 apply to vehicles defined by section one hundred forty-two or owned by a
39 county, town, city, or village of the vehicle and traffic law for a
40 first violation provided the vehicle is repaired within thirty days of
41 ticket issuance.
42 § 78. Subdivision 6 of section 17-1745 of the environmental conserva-
43 tion law, as added by chapter 199 of the laws of 1999, is amended to
44 read as follows:
45 6. Penalties. Failure to comply with the provisions of this section
46 shall result in fines of [two hundred fifty] three hundred seventy-five
47 dollars per day for each violation.
48 § 79. Section 15-2723 of the environmental conservation law, as
49 amended by chapter 613 of the laws of 1975, is amended to read as
50 follows:
51 § 15-2723. Penalties and enforcement.
52 Any person who violates any provision of this title or any regulation
53 or order issued pursuant to this act by the commissioner or the agency
54 may be compelled to comply with or obey the same by injunction, mandamus
55 or other appropriate remedy. In addition, any such person shall pay a
56 civil penalty of not less than one hundred fifty dollars or more than
S. 4033--B 34
1 one thousand five hundred dollars for each day of such violation. The
2 commissioner or the agency as the case may be, is authorized to commence
3 a civil action to recover such civil penalties or other appropriate
4 relief.
5 § 80. Subdivision 3 of section 11-0538 of the environmental conserva-
6 tion law, as added by chapter 307 of the laws of 2014, is amended to
7 read as follows:
8 3. Any person who violates the provisions of this section shall be
9 subject to a penalty of not more than [five hundred] seven hundred fifty
10 dollars for the first offense and not more than one thousand five
11 hundred dollars for a second and subsequent offenses. Each instance of
12 allowing direct contact of a big cat with the public in violation of
13 this section shall constitute a separate offense.
14 § 81. Subdivision 9 of section 11-0512 of the environmental conserva-
15 tion law, as amended by chapter 326 of the laws of 2012, is amended to
16 read as follows:
17 9. Notwithstanding any other provision of law, any person who knowing-
18 ly breeds a wild animal or knowingly possesses, owns, harbors, sells,
19 barters, transfers, exchanges, or imports a wild animal for use as a pet
20 or intentionally releases or sets at-large any wild animal, authorized
21 by this section for use as a pet, from the location where the animal is
22 permitted to be possessed or harbored in violation of the provisions of
23 this section shall be subject to a penalty of not more than [five
24 hundred] seven hundred fifty dollars for the first offense and not more
25 than one thousand five hundred dollars for a second and subsequent
26 offenses. Each instance of breeding, owning, harboring, sale, barter,
27 release, transfer, exchange, or import of a wild animal in violation of
28 this section shall constitute a separate offense.
29 § 82. Subdivision 3 of section 9-1503 of the environmental conserva-
30 tion law, as amended by chapter 222 of the laws of 1976, is amended to
31 read as follows:
32 3. No person shall, in any area designated by such list or lists,
33 knowingly pick, pluck, sever, remove, damage by the application of
34 herbicides or defoliants or carry away, without the consent of the owner
35 thereof, any protected plant. An offense under this section shall be a
36 violation, punishable by a fine of not to exceed [twenty-five dollars]
37 thirty-seven dollars and fifty cents.
38 § 83. This act shall take effect on the ninetieth day after it shall
39 have become a law.
