N.Y. Environmental Conservation Law § 71-2907: Sanctions

§ 71-2907. Sanctions.

1. Administrative sanctions. Except as otherwise provided in this

subdivision, any person who violates any provision of article 33 of this

chapter or any rule, regulation or order issued thereunder or commits

any offense described in section 33-1301 of this chapter shall be liable

to the people of the state for a civil penalty not to exceed five

thousand dollars for a first violation, and not to exceed ten thousand

dollars for a subsequent offense, to be assessed by the commissioner

after a hearing or opportunity to be heard. Notwithstanding any

provision of law to the contrary, an owner or owner's agent of a

multiple dwelling or owner, owner's agent or a person in a position of

authority for all other types of premises, as such terms are defined in

paragraph d of subdivision five of section 33-0905 of this chapter, who

violates any provision of a local law adopted pursuant to subdivision

one of section 33-1004 of this chapter relating to paragraph b of such

subdivision, and a person, who violates any provision of a local law

adopted pursuant to subdivision one of section 33-1004 of this chapter

relating to paragraph c of such subdivision, and a person who violates

the provisions of subdivision three of section three hundred ninety-c of

the social services law shall, for a first such violation, in lieu of a

penalty, be issued a written warning and shall also be issued

educational materials pursuant to subdivision two of section 33-1005 of

this chapter. Such person shall, however, for a second violation, be

liable to the people of the state for a civil penalty not to exceed one

hundred dollars, and not to exceed two hundred fifty dollars for any

subsequent violation, such penalties to be assessed by the commissioner

after a hearing or opportunity to be heard.

Notwithstanding any provision of law to the contrary, any person who

violates the provisions of a local law adopted pursuant to subdivision

one of section 33-1004 of this chapter relating to paragraph a of such

subdivision, shall be issued a warning for the first violation and shall

be provided seven days to correct such violation; and shall be liable to

the people of the state for a civil penalty not to exceed one hundred

dollars for a second violation, and not to exceed two hundred fifty

dollars for a subsequent violation, to be assessed by the commissioner

after a hearing or opportunity to be heard. The commissioner, acting by

the attorney general, may bring suit for collection of such assessed

civil penalty in any court of competent jurisdiction. Such civil penalty

may be released or compromised by the commissioner before the matter has

been referred to the attorney general; and where such matter has been

referred to the attorney general, any such penalty may be released or

compromised and any action commenced to recover the same may be settled

and discontinued by the attorney general with the consent of the

commissioner. Any civil penalty assessed by the commissioner under this

subdivision shall be reviewable in a proceeding under article 78 of the

civil practice law and rules.

2. Civil sanctions. In lieu of seeking administrative sanctions, the

commissioner may refer any violation described in subdivision 1 of this

section to the attorney general who shall be empowered to bring a civil

suit to seek any of the sanctions described in subdivision 1 of this

section. Any such sanctions imposed may be released or compromised or

the action may be settled and discontinued by the attorney general with

the consent of the commissioner.

3. Criminal sanctions. Any person who, having the culpable mental

states defined in subdivision one or two of section 15.05 or in section

20.20 of the penal law, violates any provision of article 33 of this

chapter or any rule, regulation thereunder or commits any offense

described in section 33-1301 of this chapter, except an offense relating

to the application of a general use pesticide shall be guilty of a

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

not to exceed five thousand dollars for each day during which such

violation continues or by imprisonment for a term of not more than one

year, or by both such fine and imprisonment. If the conviction is for a

subsequent offense committed after a first conviction of such person

under this subdivision, punishment shall be by a fine not to exceed ten

thousand dollars for each day during which such violation continues or

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

fine and imprisonment. When a violation consists of the manufacture or

production of any prohibited article, each day during which or any part

of which such manufacture or production is carried on or continued,

shall be deemed a separate violation. Any person who violates any

provision of article 33 of this chapter or any rule or regulation

thereunder or commits any offense described in section 33-1301 of this

chapter relating to the use of a general use pesticide shall be guilty

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

not to exceed twenty-five hundred dollars. If the conviction is for a

subsequent offense committed after the first such conviction of such

person under this subdivision, punishment shall be by a fine not to

exceed five thousand dollars. Prosecution hereunder may be conducted by

either the attorney general or the district attorney consistent with

section 71-0403 of this article. With respect to violations of section

33-1004 of this chapter, penalties imposed pursuant to this subdivision

may be assessed only against a person providing a commercial lawn

application.

4. When a violation consists of the sale, or the offering or exposing

for sale or exchange of any prohibited article or substance, the sale of

each one of several packages shall constitute a separate violation, and

each day on which any such article or substance is offered or exposed

for sale or exchange shall constitute a separate violation. When the use

of any such article or substance is prohibited, each day during which or

any part of which such article or substance is so used or furnished for

use, shall constitute a separate violation, and the furnishing of the

same for use to each person to whom the same may be furnished shall

constitute a separate violation. When the storage of any article is

prohibited beyond a certain period, each day during which or any part of

which any article is so stored beyond the period provided for by article

33 of this chapter or this title shall constitute a separate violation.

5. This section shall not affect the rights of any other person

seeking damages arising out of a violation.