N.Y. Environmental Conservation Law § 71-2730: Enforcement of title 30 of article 27 of this chapter

§ 71-2730. Enforcement of title 30 of article 27 of this chapter.

1. Any person who shall violate section 27-3003 of this chapter shall

be liable to the state of New York for a civil penalty of not more than

two hundred fifty dollars for the first violation, not more than five

hundred dollars for the second violation in the same calendar year, and

not more than one thousand dollars for the third and each subsequent

violation in the same calendar year. A hearing or opportunity to be

heard shall be provided prior to the assessment of any civil penalty.

2. (a) The department, the department of agriculture and markets, the

department of health, and the attorney general are hereby authorized to

enforce the provisions of section 27-3003 of this chapter.

(b) The provisions of section 27-3003 of this chapter may also be

enforced by a county and the local legislative body thereof may adopt

local laws, ordinances or regulations consistent with this title

providing for the enforcement of such provisions. Provided that a

violation of this title may not be enforced by both the state and a

county, and provided further that any county that has filed a written

declaration pursuant to subdivision two of section 27-3007 of this title

shall not enforce the provisions of this title.

3. Any fines that are collected by the state during proceedings by the

state to enforce the provisions of section 27-3003 of this chapter shall

be paid into the environmental protection fund established pursuant to

section ninety-two-s of the finance law.

* 4. Any fines that are collected by a county during proceedings by

the county to enforce the provisions of section 27-3003 of this title

within the county shall be retained by the county.

* NB Repealed January 1, 2030