N.Y. Environmental Conservation Law § 71-1127: Violations; civil liability

§ 71-1127. Violations; civil liability.

1. Any person who violates any of the provisions of, or who fails to

perform any duty imposed by article 15 except section 15-1713, or who

violates or who fails to comply with any rule, regulation, determination

or order of the department heretofore or hereafter promulgated pursuant

to article 15 except section 15-1713, or any condition of a permit

issued pursuant to article 15 of this chapter, or any determination or

order of the former water resources commission or the department

heretofore promulgated pursuant to former article 5 of the Conservation

Law, shall be liable for a civil penalty of not more than two thousand

five hundred dollars for such violation and an additional civil penalty

of not more than five hundred dollars for each day during which such

violation continues, and, in addition thereto, such person may be

enjoined from continuing such violation as otherwise provided in article

15 except section 15-1713.

2. The penalties provided by subdivision 1 of this section shall be

recoverable in an action instituted in the name of the department by the

Attorney General upon the request of the department.

3. An action or cause of action for the recovery of a penalty under

article 15 or sections 71-1103 through 71-1129 inclusive may be settled

or compromised in an amount to be approved by the department either

before or after proceedings are brought to recover such penalties and

prior to the entry for judgment therefor.