Increases civil penalties for subsequent violations of title 3 or title 7 of article 27 of the environmental conservation law relating to waste transporter permits and solid waste management and resource recovery facilities; general violations, release of solid waste, release of more than 10 cubic yards of solid waste.
STATE OF NEW YORK
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7261
IN SENATE
March 26, 2010
___________
Introduced by Sen. ADDABBO -- 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
increasing civil penalties for subsequent violations of title 3 or
title 7 of article 27 of the environmental conservation law relating
to waste transporter permits and solid waste management and resource
recovery facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 71-2703 of the environmental
2 conservation law, as amended by chapter 508 of the laws of 1995, para-
3 graph a as amended by section 25 and subparagraphs i and ii of paragraph
4 b as amended by section 26 of part C of chapter 62 of the laws of 2003,
5 is amended to read as follows:
6 1. Civil and administrative sanctions. a. Any person who violates any
7 of the provisions of, or who fails to perform any duty imposed by title
8 3 or 7 of article 27 of this chapter or any rule or regulation promul-
9 gated pursuant thereto, or any term or condition of any certificate or
10 permit issued pursuant thereto, or any final determination or order of
11 the commissioner made pursuant to this title shall be liable for a civil
12 penalty not to exceed seven thousand five hundred dollars for each such
13 violation and an additional penalty of not more than one thousand five
14 hundred dollars for each day during which such violation continues, to
15 be assessed by the commissioner after an opportunity to be heard pursu-
16 ant to the provisions of section 71-1709 of this article, or by the
17 court in any action or proceeding pursuant to section 71-2727 of this
18 title, and, in addition thereto, such person may by similar process be
19 enjoined from continuing such violation and any permit or certificate
20 issued to such person may be revoked or suspended or a pending renewal
21 application denied. In the case of a second violation, the liability
22 shall be for a civil penalty not to exceed fifteen thousand dollars for
23 each such violation and an additional penalty not to exceed three thou-
24 sand dollars for each day during which such violation continues. In the
25 case of a third and any further violation, the liability shall be for a
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16528-01-0
S. 7261 2
1 civil penalty not to exceed thirty thousand dollars for each such
2 violation and an additional penalty not to exceed six thousand dollars
3 for each day during which such violation continues.
4 b. i. Any person who violates any of the provisions of, or who fails
5 to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
6 ter, or any rule or regulation promulgated pursuant thereto, or any term
7 or condition of any certificate or permit issued pursuant thereto and
8 thereby causes the release of solid waste into the environment, shall be
9 liable for a civil penalty not to exceed eleven thousand two hundred
10 fifty dollars for each such violation and an additional penalty of not
11 more than eleven thousand two hundred fifty dollars for each day during
12 which such violation continues, to be assessed by the commissioner after
13 an opportunity to be heard pursuant to the provisions of section 71-1709
14 of this article, or by the court in any action or proceeding pursuant to
15 section 71-2727 of this title, and, in addition thereto, such person may
16 by similar process be enjoined from continuing such violation and any
17 permit or certificate issued to such person may be revoked or suspended
18 or a pending renewal application denied. In the case of a second
19 violation, the liability shall be for a civil penalty not to exceed
20 twenty-two thousand five hundred dollars for each such violation and an
21 additional penalty not to exceed twenty-two thousand five hundred
22 dollars for each day during which such violation continues. In the case
23 of a third and any further violation, the liability shall be for a civil
24 penalty not to exceed forty-five thousand dollars for each such
25 violation and an additional penalty not to exceed forty-five thousand
26 dollars for each day during which such violation continues.
27 ii. Any person who violates any of the provisions of, or who fails to
28 perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
29 or any rule or regulation promulgated pursuant thereto, or any term or
30 condition of any certificate or permit issued pursuant thereto and
31 thereby causes the release of more than ten cubic yards of solid waste
32 into the environment, shall be liable for a civil penalty not to exceed
33 twenty-two thousand five hundred dollars for each such violation and an
34 additional penalty of not more than twenty-two thousand five hundred
35 dollars for each day during which such violation continues, to be
36 assessed by the commissioner after an opportunity to be heard pursuant
37 to the provisions of section 71-1709 of this article, or by the court in
38 any action or proceeding pursuant to section 71-2727 of this title, and,
39 in addition thereto, such person may by similar process be enjoined from
40 continuing such violation and any permit or certificate issued to such
41 person may be revoked or suspended or a pending renewal application
42 denied. In the case of a second violation, the liability shall be for a
43 civil penalty not to exceed forty-five thousand dollars for each such
44 violation and an additional penalty not to exceed forty-five thousand
45 dollars for each day during which such violation continues. In the case
46 of a third and any further violation, the liability shall be for a civil
47 penalty not to exceed ninety thousand dollars for each such violation
48 and an additional penalty not to exceed ninety thousand dollars for each
49 day during which such violation continues.
50 c. The court in any action or proceeding pursuant to section 71-2727
51 of this chapter may exercise all powers exercisable by the commissioner.
52 § 2. This act shall take effect on the ninetieth day after it shall
53 have become a law.
