N.Y. Environmental Conservation Law § 71-2113: Violations of section 19-0304 of article 19 of this chapter

§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.

1. Civil and administrative sanctions. Any person who violates any of

the provisions of, or who fails to perform any duty imposed by section

19-0304 of this chapter, or any rule or regulation promulgated pursuant

thereto, or any term or condition of any certificate or permit issued

pursuant thereto, or any final determination or order of the

commissioner made pursuant to article 19 of this chapter concerning a

violation of section 19-0304 of this chapter shall be liable in the case

of a first violation, for a civil penalty not to exceed thirty-seven

thousand five hundred dollars and an additional penalty of not more than

thirty-seven thousand five hundred dollars for each day during which

such violation continues, to be assessed by the commissioner after an

opportunity to be heard pursuant to the provisions of section 71-1709 of

this article, or by the court in any action or proceeding pursuant to

section 71-2107 of this title, and, in addition thereto, such person may

by similar process be enjoined from continuing such violation and any

permit or certificate issued to such person may be revoked or suspended

or a pending renewal application denied. In the case of a second and any

further violation, the liability shall be for a civil penalty not to

exceed seventy-five thousand dollars for each such violation and an

additional penalty not to exceed seventy-five thousand dollars for each

day during which such violation continues.

2. Criminal sanctions. Any person who, having any of the culpable

mental states defined in section 15.05 of the penal law, shall violate

any of the provisions of or who fails to perform any duty imposed by

section 19-0304 of this chapter, or any rules and regulations

promulgated pursuant thereto, or any term or condition of any

certificate or permit issued pursuant thereto, or any final

determination or order of the commissioner made pursuant to article 19

of this chapter concerning a violation of section 19-0304 of this

chapter shall be guilty of a misdemeanor and, upon conviction thereof,

shall for a first conviction be punished by a fine not to exceed

thirty-seven thousand five hundred dollars per day of violation or by

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

imprisonment. If the conviction is for an offense committed after a

first conviction of such person under this subdivision, punishment shall

be by a fine not to exceed seventy-five thousand dollars per day of

violation, or by imprisonment for not more than two years or by both

such fine and imprisonment.