N.Y. Environmental Conservation Law § 71-4303: Violations of article forty of this chapter

§ 71-4303. Violations of article forty 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, article

forty of this chapter or any rule or regulation promulgated thereunder,

or any terms or conditions 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 in the case of a civil penalty

not to exceed twenty-five thousand dollars and an additional penalty of

not more than twenty-five thousand 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 a court in any action or proceeding pursuant to this

title, and, in addition thereto such person may by similar process be

enjoined from continuing such violation. In addition, upon the provision

of notice stating the grounds for its action and giving an opportunity

for hearing, the commissioner may revoke, suspend or deny a certificate

or a renewal of a certificate issued pursuant to article forty of this

chapter. In the case of a second violation, the liability shall be for a

civil penalty not to exceed fifty thousand dollars for such violation

and an additional penalty not to exceed fifty 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

article forty of this chapter or any rules or 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 this title shall be guilty of a

misdemeanor and, upon conviction thereof, shall for a first conviction

be punished by a fine not to exceed twenty-five thousand dollars per day

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

by 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 fifty thousand

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

years or by both such fine and imprisonment.