N.Y. Environmental Conservation Law § 71-1929: Violations; civil liability

§ 71-1929. Violations; civil liability.

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

perform any duty imposed by titles 1 through 11 inclusive and title 19

of article 17, or the rules, regulations, orders or determinations of

the commissioner promulgated thereto or the terms of any permit issued

thereunder, shall be liable to a penalty of not to exceed thirty-seven

thousand five hundred dollars per day for each violation, and, in

addition thereto, such person may be enjoined from continuing such

violation as hereinafter provided. Violation of a permit condition shall

constitute grounds for revocation of such permit, which revocation may

be accomplished either as provided in paragraph f of subdivision 4 of

section 17-0303 or by order of judgment of the supreme court as an

alternate or additional civil penalty in an action brought pursuant to

subdivision 3 of this section.

2. Any penalties for violations of titles 1 through 11 inclusive and

title 19 of article 17 resulting in the killing of fish or shellfish,

shall be credited to the conservation fund established by section 83 of

the State Finance Law and shall be available for the uses and purposes

of such fund.

3. The penalties provided by subdivisions one and two shall be

recoverable in an action brought by the Attorney General.

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

this title may be settled or compromised by the Attorney General after

proceedings are brought to recover such penalties and prior to the entry

for judgment therefor.