N.Y. Environmental Conservation Law § 71-1939: Local enforcement

§ 71-1939. Local enforcement.

1. The health commissioner of any county or part-county health

district or city is hereby authorized and empowered to bring an action

in any court of competent jurisdiction for the recovery of any penalty

provided in section 71-1929 for any violation of the provisions of

titles 1 through 11 inclusive and title 19 of article 17 and sections

71-1929 through 71-1939 of this article occurring in the district or

city in which such health commissioner has jurisdiction,

a. from a source described in subdivision 5 of section 17-0701, or

b. resulting from a failure to comply with the terms of a permit

issued by such county or city pursuant to subdivision 6 of section

17-0701. Such health commissioner may, in his discretion, compromise

any penalty sued for in such action at any stage thereof before

judgment.

2. Any penalty collected pursuant to this section shall be paid to the

district or city, except that any penalty for a violation 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. a. The health commissioner of any county which has been approved by

the commissioner pursuant to section 17-1017 of this chapter to

administer and enforce a local law or ordinance related to the

provisions of title ten of article seventeen of this chapter is hereby

authorized and empowered to bring an action in any court of competent

jurisdiction for the recovery of any penalty provided in section 71-1929

of this title for any violation of title ten of article seventeen of

this chapter occurring in the county in which the county health

commissioner has jurisdiction.

b. All fines and penalties collected pursuant to this subdivision

shall be paid to the district or county, provided, however, that

one-quarter of such fines and penalties received shall be paid to the

general fund to the credit of the state purposes account.

4. Within three days after bringing any action authorized by this

section said health commissioner shall by registered mail serve upon the

Attorney General and the commissioner a copy of the summons and

complaint, if any, in such action, with a statement as to the date or

dates of service thereof upon the defendant or defendants, or, if a

complaint has not been served with the summons, a statement of the

particulars of the violation or violations upon which such action was

based. The Attorney General is hereby authorized to intervene in any

such action in order to protect the interests of the state.