N.Y. Environmental Conservation Law § 71-2703: Violations of title 3 or 7 of article 27 of this chapter

§ 71-2703. Violations of title 3 or 7 of article 27 of this chapter.

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

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

3 or 7 of article 27 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 this title

shall be liable for a civil penalty not to exceed seven thousand five

hundred dollars for each such violation and an additional penalty of not

more than one 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 71-2727 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.

b. i. Any person who violates any of the provisions of, or who fails

to perform any duty imposed by, title 3 or 7 of article 27 of this

chapter, or any rule or regulation promulgated pursuant thereto, or any

term or condition of any certificate or permit issued pursuant thereto

and thereby causes the release of solid waste into the environment,

shall be liable for a civil penalty not to exceed eleven thousand two

hundred fifty dollars for each such violation and an additional penalty

of not more than eleven thousand two hundred fifty 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 71-2727 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.

ii. Any person who violates any of the provisions of, or who fails to

perform any duty imposed by, title 3 or 7 of article 27 of this chapter,

or any rule or regulation promulgated pursuant thereto, or any term or

condition of any certificate or permit issued pursuant thereto and

thereby causes the release of more than ten cubic yards of solid waste

into the environment, shall be liable for a civil penalty not to exceed

twenty-two thousand five hundred dollars for each such violation and an

additional penalty of not more than twenty-two 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 71-2727 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.

c. The court in any action or proceeding pursuant to section 71-2727

of this chapter may exercise all powers exercisable by the commissioner.

2. Criminal sanctions. a. 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

title 3 or 7 of article 27 of this chapter, or any rules and regulations

promulgated pursuant thereto, or any final determination or order of the

commissioner made pursuant to this title shall be guilty of a violation

and, upon conviction thereof, shall be punished by a fine of not less

than one thousand five hundred dollars nor more than fifteen thousand

dollars per day of violation or by imprisonment for not more than

fifteen days or by both such fine and imprisonment.

b. i. Any person who shall violate paragraph a of this subdivision and

thereby causes or attempts to cause the release of more than ten cubic

yards of solid waste into the environment shall be guilty of a class B

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

not less than three thousand seven hundred fifty dollars per day nor

more than twenty-two thousand five hundred dollars per day of violation,

or by imprisonment for a term in accordance with the penal law, or by

both such fine and imprisonment.

ii. Any person who shall violate paragraph a of this subdivision and

thereby causes or attempts to cause the release of more than ten cubic

yards of solid waste into the environment, after having been convicted

of a violation of this subdivision within the preceding five years,

shall be guilty of a class A misdemeanor and, upon conviction thereof,

shall be punished by a fine of not less than three thousand seven

hundred fifty dollars per day nor more than thirty-seven thousand five

hundred dollars per day of violation, or by imprisonment for a term in

accordance with the penal law, or by both such fine and imprisonment.

c. i. Any person who shall violate paragraph a of this subdivision and

thereby causes or attempts to cause the release of more than seventy

cubic yards of solid waste into the environment shall be guilty of a

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

fine of not less than three thousand seven hundred fifty dollars per day

nor more than thirty-seven thousand five hundred dollars per day of

violation, or by imprisonment for a term in accordance with the penal

law, or by both such fine and imprisonment.

ii. Any person who shall violate paragraph a of this subdivision and

thereby causes or attempts to cause the release of more than seventy

cubic yards of solid waste into the environment, after having been

convicted of a violation of this subdivision within the preceding five

years, shall be guilty of a class E felony and, upon conviction thereof,

shall be punished by a fine of not less than seven thousand five hundred

dollars per day nor more than seventy-five thousand dollars per day of

violation, or by imprisonment for a term in accordance with the penal

law, or by both such fine and imprisonment.

3. Additional sanctions. Any person who violates any of the provisions

of, or who fails to perform any duty imposed by title 7 of article 27,

with regard to the construction and operation of facilities for the

disposal of construction and demolition debris 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 this title shall be liable

for a civil penalty not to exceed fifteen thousand dollars and each day

of such deposition shall constitute a separate violation and said civil

penalty is in addition to any other fines or penalties which may be

applied pursuant to this title.

4. Definition. As used in this section, the following term shall have

the following meaning "release" means any pumping, pouring, emitting,

emptying, discharge, deposit, injection, dumping, spilling or placing of

a substance.

5. Penalty assessment criteria. In determining the amount of any fine,

penalty or sentence imposed pursuant to this section, 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.