STATE OF NEW YORK
________________________________________________________________________
6467
2017-2018 Regular Sessions
IN SENATE
May 23, 2017
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
penalties for violations related to solid waste transportation, facil-
ities and disposal
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1, 2 and 3 of section 71-2703 of the environ-
2 mental conservation law, subdivisions 1 and 2 as amended by chapter 508
3 of the laws of 1995, paragraph a of subdivision 1 as amended by section
4 25, subparagraphs i and ii of paragraph b of subdivision 1 as amended by
5 section 26, paragraph a and subparagraphs i and ii of paragraph b of
6 subdivision 2 as amended by section 27, subparagraphs i and ii of para-
7 graph c of subdivision 2 as amended by section 28 and subdivision 3 as
8 amended by section 29 of part C of chapter 62 of the laws of 2003, are
9 amended to read as follows:
10 1. Civil and administrative sanctions. a. Any person who violates any
11 of the provisions of, or who fails to perform any duty imposed by title
12 3 or 7 of article 27 of this chapter or any rule or regulation promul-
13 gated pursuant thereto, or any term or condition of any certificate or
14 permit issued pursuant thereto, or any final determination or order of
15 the commissioner made pursuant to this title shall be liable for a civil
16 penalty not to exceed seven thousand five hundred dollars for each such
17 violation and an additional penalty of not more than one thousand five
18 hundred dollars for each day during which such violation continues, to
19 be assessed by the commissioner after an opportunity to be heard pursu-
20 ant to the provisions of section 71-1709 of this article, or by the
21 court in any action or proceeding pursuant to section 71-2727 of this
22 title, and, in addition thereto, such person may by similar process be
23 enjoined from continuing such violation and any permit or certificate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11696-01-7
S. 6467 2
1 issued to such person may be revoked or suspended or a pending renewal
2 application denied.
3 b. i. Any person who violates any of the provisions of, or who fails
4 to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
5 ter, or any rule or regulation promulgated pursuant thereto, or any term
6 or condition of any certificate or permit issued pursuant thereto and
7 thereby causes the release of solid waste into the environment, shall be
8 liable for a civil penalty not to exceed eleven thousand two hundred
9 fifty dollars for each such violation and an additional penalty of not
10 more than eleven thousand two hundred fifty dollars for each day during
11 which such violation continues, to be assessed by the commissioner after
12 an opportunity to be heard pursuant to the provisions of section 71-1709
13 of this article, or by the court in any action or proceeding pursuant to
14 section 71-2727 of this title, and, in addition thereto, such person may
15 by similar process be enjoined from continuing such violation and any
16 permit or certificate issued to such person may be revoked or suspended
17 or a pending renewal application denied.
18 ii. Any person who violates any of the provisions of, or who fails to
19 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
20 or any rule or regulation promulgated pursuant thereto, or any term or
21 condition of any certificate or permit issued pursuant thereto and
22 thereby causes the release of more than ten cubic yards of solid waste
23 into the environment, shall be liable for a civil penalty not to exceed
24 twenty-two thousand five hundred dollars for each such violation and an
25 additional penalty of not more than twenty-two thousand five hundred
26 dollars for each day during which such violation continues, to be
27 assessed by the commissioner after an opportunity to be heard pursuant
28 to the provisions of section 71-1709 of this article, or by the court in
29 any action or proceeding pursuant to section 71-2727 of this title, and,
30 in addition thereto, such person may by similar process be enjoined from
31 continuing such violation and any permit or certificate issued to such
32 person may be revoked or suspended or a pending renewal application
33 denied.
34 iii. Any person who violates any of the provisions of, or who fails to
35 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
36 or any rule or regulation promulgated pursuant thereto, or any term or
37 condition of any certificate or permit issued pursuant thereto and
38 thereby causes the release of more than ten cubic yards of solid waste
39 into the environment, after a violation of this subdivision within the
40 preceding five years, may be enjoined from continuing such violation and
41 any permit or certificate issued to such person shall be revoked or
42 suspended or a pending renewal application denied.
43 c. The court in any action or proceeding pursuant to section 71-2727
44 of this [chapter] title may exercise all powers exercisable by the
45 commissioner.
46 2. Criminal sanctions. a. Any person who, having any of the culpable
47 mental states defined in section 15.05 of the penal law, shall violate
48 any of the provisions of or who fails to perform any duty imposed by
49 title 3 or 7 of article 27 of this chapter, or any rules and regulations
50 promulgated pursuant thereto, or any final determination or order of the
51 commissioner made pursuant to this title shall be guilty of a violation
52 and, upon conviction thereof, shall be punished by a fine of not less
53 than one thousand five hundred dollars nor more than [fifteen] thirty
54 thousand dollars per day of violation or by imprisonment for not more
55 than fifteen days or by both such fine and imprisonment.
S. 6467 3
1 b. i. Any person who shall violate paragraph a of this subdivision and
2 thereby causes or attempts to cause the release of more than ten cubic
3 yards of solid waste into the environment shall be guilty of a class B
4 misdemeanor and, upon conviction thereof, shall be punished by a fine of
5 not less than three thousand seven hundred fifty dollars per day nor
6 more than [twenty-two thousand five hundred] forty-five thousand dollars
7 per day of violation, or by imprisonment for a term in accordance with
8 the penal law, or by both such fine and imprisonment.
9 ii. Any person who shall violate paragraph a of this subdivision and
10 thereby causes or attempts to cause the release of more than ten cubic
11 yards of solid waste into the environment, after having been convicted
12 of a violation of this subdivision within the preceding five years,
13 shall be guilty of a class A misdemeanor and, upon conviction thereof,
14 shall be punished by a fine of not less than [three thousand seven
15 hundred fifty] seventy-five thousand dollars per day nor more than thir-
16 ty-seven thousand five hundred dollars per day of violation, or by
17 imprisonment for a term in accordance with the penal law, or by both
18 such fine and imprisonment.
19 c. i. Any person who shall violate paragraph a of this subdivision and
20 thereby causes or attempts to cause the release of more than seventy
21 cubic yards of solid waste into the environment shall be guilty of a
22 class A misdemeanor and, upon conviction thereof, shall be punished by a
23 fine of not less than [three thousand seven hundred fifty] seventy-five
24 thousand dollars per day nor more than thirty-seven thousand five
25 hundred dollars per day of violation, or by imprisonment for a term in
26 accordance with the penal law, or by both such fine and imprisonment.
27 ii. Any person who shall violate paragraph a of this subdivision and
28 thereby causes or attempts to cause the release of more than seventy
29 cubic yards of solid waste into the environment, after having been
30 convicted of a violation of this subdivision within the preceding five
31 years, shall be guilty of a class E felony and, upon conviction thereof,
32 shall be punished by a fine of not less than seven thousand five hundred
33 dollars per day nor more than [seventy-five] one hundred fifty thousand
34 dollars per day of violation, or by imprisonment for a term in accord-
35 ance with the penal law, or by both such fine and imprisonment.
36 3. Additional sanctions. Any person who violates any of the provisions
37 of, or who fails to perform any duty imposed by title 3 or 7 of article
38 27 of this chapter, with regard to the transportation of construction
39 and demolition debris or the construction and operation of facilities
40 for the disposal of construction and demolition debris or any rule or
41 regulation promulgated pursuant thereto, or any term or condition of any
42 certificate or permit issued pursuant thereto or any final determination
43 or order of the commissioner made pursuant to this title shall be liable
44 for a civil penalty not to exceed fifteen thousand dollars and each day
45 of such deposition shall constitute a separate violation and said civil
46 penalty is in addition to any other fines or penalties which may be
47 applied pursuant to this title.
48 § 2. This act shall take effect on the ninetieth day after it shall
49 have become a law.