N.Y. Environmental Conservation Law § 71-4402: Violations of title 15 of article 27 of this chapter

§ 71-4402. Violations of title 15 of article 27 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 title 15 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 in the case of a first violation, for 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 chapter, or by the court in any action or

proceeding pursuant to section 71-2727 of this chapter, and, in addition

thereto, such persons 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. In the

case of a second and any further violation, the liability shall be for a

civil penalty not to exceed fifty thousand dollars for each such

violation and an additional penalty not to exceed fifty thousand dollars

for each day during which such violation continues.

2. Criminal sanctions.

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

perform any duty imposed by title 15 of article 27 of this chapter or

any rules and 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 violation and, upon conviction thereof, shall

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

violation, or by imprisonment for a term of not more than fifteen days,

or by both such fine and imprisonment.

b. Any person who, intentionally, knowingly, or recklessly shall

violate any of the provisions of or who fails to perform any duty

imposed by title 15 of article 27 of this chapter or any rules and

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 class B misdemeanor and, upon conviction thereof,

shall for a first conviction be punished by a fine not to exceed fifteen

thousand dollars per day of violation or by imprisonment for a term of

not more than ninety days, or both such fine and imprisonment. If the

conviction is for an offense committed after a first conviction of such

person under this paragraph, within the preceding five years, such

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

punishment shall be by a fine not to exceed fifty thousand dollars per

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

both such fine and imprisonment.