N.Y. Environmental Conservation Law § 71-2115: Penalty assessment criteria

§ 71-2115. Penalty assessment criteria.

In determining the amount of any fine, penalty or sentence imposed

pursuant to this title, the commissioner or the court shall take into

consideration any evidence introduced by a party regarding the economic

impact of a penalty on a business, the compliance history of a violator,

good faith efforts of a violator to comply, any economic benefit

obtained from noncompliance, the amount of risk or damage to public

health or the environment caused by a violator, whether the violation

was procedural in nature, or such other factors as justice may require.