N.Y. Environmental Conservation Law § 71-2105: Criminal liability for violations

§ 71-2105. Criminal liability for violations.

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

wilfully violate any of the provisions of article 19 or any code, rule

or regulation promulgated pursuant thereto or any final determination or

order of the commissioner made pursuant to article 19 shall be guilty of

a misdemeanor, and, upon conviction thereof, shall be punished by a

fine, in the case of a first conviction, of not less than five hundred

dollars nor more than eighteen thousand dollars or by imprisonment for a

term of not more than one year, or by both such fine and imprisonment,

for each separate violation. If the conviction is for an offense

committed after the first conviction of such person under this

subdivision, such person shall be punished by a fine not to exceed

twenty-six thousand dollars, or by imprisonment, or by both such fine

and imprisonment. Each day on which such violation occurs shall

constitute a separate violation.

2. No prosecution under this section shall be instituted until after

final disposition of an appeal or review, if any, provided by section

19-0511.

3. All prosecutions under this section shall be instituted by the

commissioner and shall be conducted by the Attorney General in the name

of the people of the state of New York.

4. In the prosecution of any criminal proceeding under this section by

the Attorney General and, in any proceeding before a grand jury in

connection therewith, the Attorney General shall exercise all the powers

and perform all the duties which the District Attorney would otherwise

be authorized or required to exercise or perform, and in such a

proceeding the District Attorney shall exercise such powers and perform

such duties as are requested of him by the Attorney General.