N.Y. Environmental Conservation Law § 71-2103: Violations; civil liability

§ 71-2103. Violations; civil liability.

1. Except as provided in section 71-2113, any person who violates any

provision of article nineteen or any code, rule or regulation which was

promulgated pursuant thereto; or any order except an order directing

such person to pay a penalty by a specified date issued by the

commissioner pursuant thereto, shall be liable, in the case of a first

violation, for a penalty not less than five hundred dollars nor more

than eighteen thousand dollars for said violation and an additional

penalty of not to exceed fifteen thousand dollars for each day during

which such violation continues. In the case of a second or any further

violation, the liability shall be for a penalty not to exceed twenty-six

thousand dollars for said violation and an additional penalty not to

exceed twenty-two thousand five hundred dollars for each day during

which such violation continues. In addition thereto, such person may be

enjoined from continuing such violation as hereinafter provided.

2. The penalty provided for in subdivision 1 of this section shall be

recoverable in an action brought by the Attorney General.

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

article 19 may be settled or compromised by the Attorney General after

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

judgment therefor.

4. Any fines collected for violations of section 19-0320 of this

chapter shall be deposited in the clean air fund, to the credit of the

mobile source account, in accordance with the provisions of section

ninety-seven-oo of the state finance law.