N.Y. Executive Law § 813: Penalties and enforcement

§ 813. Penalties and enforcement. 1. Any person who violates any

provision of this article or any rule or regulation promulgated by the

agency, or the terms or conditions of any order or permit issued by the

agency pursuant to this article shall be liable to a civil penalty of

not more than five hundred dollars for each day or part thereof during

which such violation continues. The civil penalties provided by this

subdivision shall be recoverable in an action instituted in the name of

the agency by the attorney general on his own initiative or at the

request of the agency.

2. Alternatively or in addition to an action to recover the civil

penalties provided by subdivision one of this section, the attorney

general may institute in the name of the agency any appropriate action

or proceeding to prevent, restrain, enjoin, correct or abate any

violation of, or to enforce, any provision of this article or any rule

or regulation promulgated by the agency, or the terms or conditions of

any order or permit issued by the agency pursuant to this article. The

court in which the action or proceeding is brought may order the joinder

of appropriate persons as parties and may order the appropriate person

or the person responsible for the violation to take such affirmative

measures as are properly within its equitable powers to correct or

ameliorate the violation, having regard to the purposes of this article

and the determinations required by subdivision ten of section eight

hundred nine.

3. Such civil penalty may be released or compromised by the agency

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 or cause of action

commenced to recover the same may be settled or discontinued by the

attorney general with the consent of the agency.