N.Y. Environmental Conservation Law § 23-1715: Inspection to insure compliance; allocation of enforcement costs; revocation; civil and criminal penalties

§ 23-1715. Inspection to insure compliance; allocation of enforcement

costs; revocation; civil and criminal penalties.

1. The department shall have continuing responsibility of inspection

to insure compliance with the terms of an environmental safety permit

issued under section 23-1707, of route certification under section

23-1713, and with regard to non-conforming facilities under section

23-1719, all in accordance with the terms of this title. It may do so

either with its own personnel exclusively, or by contract with one or

more of the affected municipalities, utilizing municipal inspection

personnel, or with one or more private firms qualified to monitor

compliance and certify with respect thereto, or by a combination of the

foregoing means as it may by regulation provide.

2. The expense of enforcement of this act, including necessary

training and qualification of municipal fire department personnel under

section 23-1717, shall be allocated by the department and assessed upon

an appropriate basis against the utilities and others subject to the

terms of this title, in order that the administration hereof shall be at

no net expense to the state or any affected municipality, but rather

charged on an allocated basis to the regulated corporations and

individuals subject to the requirements of this title, to be included as

part of the expense related to the furnishing of this form of energy,

and properly to be borne by the users thereof.

3. After notice and upon hearing if requested, the department shall

determine the reasonable cost to the department of its enforcement

responsibilities under this title, including direct costs, contractual

obligations under subdivision one of this section and under section

23-1717, and allocated departmental overhead; and, further, shall assess

said total cost, on an annual basis, against the utilities and others

subject to this title, allocated on the basis of direct costs related to

each of the foregoing, including contractual obligations incurred in

enforcement and training, and allocated departmental overhead charged on

the basis of departmental action required during the year with regard to

the particular utilities and others subject to its administration and

enforcement responsibilities.

4. In the event of the failure of the holder of an environmental

safety permit issued under section 23-1707, of route certification under

section 23-1713, or of a non-conforming facility under section 23-1719

to comply with the terms thereof or the provisions of the rules and

regulations adopted under article 70 of this chapter, the department may

revoke said permit or certificate pursuant to the provisions of article

70 of this chapter and impose upon the holder of such permit or

certificate a civil penalty of up to one thousand dollars for each day

the holder thereof has failed to comply with this title or a permit or

certificate issued hereunder, together with the allocated costs of the

revocation and enforcement proceeding itself.

5. In addition to any civil penalty assessed by the department

pursuant to subdivision four of this section, any person who knowingly

violates any provision of this title, any permit or certificate granted

under this title, or any order, rule, or regulation issued pursuant to

this title, except where such violation is unintentional and technical,

shall be guilty of a class A misdemeanor.