N.Y. Environmental Conservation Law § 57-0136: Penalties and enforcement

§ 57-0136. Penalties and enforcement.

1. Violations. (a) All of the rights and remedies provided for in this

section are in addition to all of the rights and remedies available to

the villages and towns located within the "Central Pine Barrens Area" as

specifically defined in subdivision ten of section 57-0107 of this

title. All of the rights and remedies provided for in this section are

in addition to all of the rights and remedies available to the attorney

general as provided for in state law.

(b) With respect to any land use conduct within the Central Pine

Barrens Area that violates any provision of an applicable village or

town law, the responsibility for enforcement of such violation shall lie

with the applicable village or town in the first instance as provided

for in the laws of the respective town or village. The applicable

village or town shall provide written notice to the commission of all

such enforcement efforts. In the event the applicable village or town

does not commence an enforcement action within sixty days from the

receipt of a written notice to the applicable village or town of any

land use conduct within the Central Pine Barrens Area that may violate

any provision of an applicable village or town law, the commission, or

the attorney general at the request of the commission or upon his or her

own initiative, may institute enforcement action for such violation as

set forth in subdivisions two, three and four of this section.

(c) With regard to any violation of this title, the land use plan

adopted by the commission, any regulation promulgated by the commission,

or any order, determination or permit condition issued by the

commission, there shall be independent jurisdiction among the village or

town in which such violation occurred or is occurring to investigate and

prosecute such violation as set forth in subdivisions two, three and

four of this section. The commission or the attorney general at the

request of the commission or upon the attorney general's own initiative

shall also have independent jurisdiction to investigate and prosecute

such violation as set forth in subdivisions two, three and four of this

section.

The party initiating such a prosecution shall consult with the other

governmental entities named in this section before initiating such an

action, except in a case involving a threat of irreparable harm or

imminent violation or repeated violations of this title, the land use

plan adopted by the commission, any regulation promulgated by the

commission, or any order, determination or permit condition issued by

the commission.

(d) With regard to any land use conduct within the Central Pine

Barrens Area that is a violation of the applicable village or town law

in addition to being a violation of the specific requirements of this

title, the land use plan adopted by the commission, or the terms or

conditions of any order, permit or determination issued by the

commission, the commission, or the attorney general at the request of

the village or town, may jointly institute with the village and town an

enforcement action as set forth in subdivisions two, three and four of

this section. In such event, any penalties or fines collected shall be

deposited with the applicable village or town to be maintained in a

segregated account to be used exclusively for the acquisition of real

property or transferable development rights interests or capital

projects associated with enhancement and/or restoration of the natural

resources and ecosystems located within the Central Pine Barrens Area.

2. Civil penalties. (a) For a violation that takes place in the "core

preservation area" as defined in subdivision eleven of section 57-0107

of this title, any person who violates any provision of this title, the

land use plan adopted by the commission, any regulation promulgated by

the commission, or the terms or conditions of any order, permit, or

determination issued by the commission pursuant to this title shall be

liable for a civil penalty of not more than twenty-five thousand dollars

for each violation and an additional civil penalty of not more than one

thousand dollars for each day that such violation continues.

(b) For a violation that takes place in the "compatible growth area"

as defined in subdivision twelve of section 57-0107 of this title, any

person who violates any provision of this title, the land use plan

adopted by the commission, any regulation promulgated by the commission,

or the terms or conditions of any order, permit, or determination issued

by the commission pursuant to this title shall be liable for a civil

penalty of not more than ten thousand dollars for each violation and an

additional civil penalty of not more than one thousand dollars for each

day that such violation continues.

3. Criminal penalties. (a) For a violation that takes place in the

"core preservation area" as defined in subdivision eleven of section

57-0107 of this title, any person who willfully or intentionally

violates any provision of this title, the land use plan adopted by the

commission, any regulation promulgated by the commission, or the terms

or conditions of any order, permit, or determination issued by the

commission pursuant to this title shall be guilty of a misdemeanor

punishable by a fine of not more than twenty-five thousand dollars for

each violation and an additional fine of not more than one thousand

dollars for each day that such violation continues.

(b) For a violation that takes place in the "compatible growth area"

as defined in subdivision twelve of section 57-0107 of this title, any

person who willfully or intentionally violates any provision of this

title, the land use plan adopted by the commission, any regulation

promulgated by the commission, or the terms or conditions of any order,

permit, or determination issued by the commission pursuant to this title

shall be guilty of a misdemeanor punishable by a fine of not more than

ten thousand dollars for each violation and an additional fine of not

more than one thousand dollars for each day that such violation

continues.

4. Additional remedies. (a) Alternatively, or in addition to an action

seeking civil penalties or criminal fines or imprisonment as provided by

subdivisions two and three of this section, the commission, the Suffolk

county district attorney or the attorney general may institute any

appropriate action or proceeding to prevent, restrain, enjoin, correct,

or abate any violation of, or to enforce, any provision of this title,

the land use plan adopted by the commission, any regulation promulgated

by the commission, or the terms or conditions of any order, permit, or

determination issued by the commission pursuant to this title. The court

in which the action or proceeding is brought may order the person

responsible for the violation to take such affirmative measures as are

necessary to correct or remediate the violation. Such an action or

proceeding may also seek restitution for any such violation.

(b) In addition to the penalties set forth in subdivisions two and

three of this section, a police officer or peace officer may immediately

impound any all-terrain vehicle, as defined in section twenty-two

hundred eighty-one of the vehicle and traffic law, provided that such

seizure is conducted pursuant to section five hundred eleven-b of the

vehicle and traffic law. A five hundred dollar surcharge may be added to

any such impoundment.