Bill Text: NY S04033 | 2025-2026 | General Assembly | Introduced
Bill Title: Provides for the disposition of certain fees and penalties; directs such fees to a conservation enforcement account in the state conservation fund.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2025-01-31 - REFERRED TO ENVIRONMENTAL CONSERVATION [S04033 Detail]
Download: New_York-2025-S04033-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4033 2025-2026 Regular Sessions IN SENATE January 31, 2025 ___________ Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law and the state finance law, in relation to the disposition of certain fees and penalties The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 2 of section 71-0211 of the environ- 2 mental conservation law, subdivision 1 as amended by chapter 60 of the 3 laws of 1993, subdivision 2 as amended by chapter 460 of the laws of 4 1991, are amended to read as follows: 5 1. Notwithstanding any other provisions of law to the contrary, all 6 fines and penalties collected pursuant to title nineteen of this arti- 7 cle, except amounts required to be paid into the conservation fund 8 pursuant to subdivision two of section 71-1929 of such title; title 9 twenty-one of this article; title twenty-seven of this article, except 10 amounts required to be paid into the hazardous waste remedial fund 11 pursuant to subdivision two of section 71-2725 of such title; and title 12 forty-one of this article shall be paid into the [general fund to the13credit of the state purposes account] conservation fund to the credit of 14 the conservation enforcement account established pursuant to subdivision 15 (k) of section eighty-three of the state finance law. 16 2. Unless otherwise provided in this chapter, not later than the tenth 17 day of each month, all fines, penalties and forfeitures collected for 18 violations of this chapter or rules, regulations, local laws or ordi- 19 nances adopted thereunder under judgment of any town or village court, 20 shall be paid over by such court to the comptroller of the state, with a 21 statement accompanying the same, setting forth the action or proceeding 22 in which such moneys were collected, the name and residence of the 23 defendant, the nature of the offense, and the fines and penalty imposed. 24 The comptroller shall pay these funds into the [general fund of the25state] conservation fund to the credit of the conservation enforcement EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00125-01-5S. 4033 2 1 account established pursuant to subdivision (k) of section eighty-three 2 of the state finance law. 3 § 2. Section 83 of the state finance law is amended by adding a new 4 subdivision (k) to read as follows: 5 (k) All moneys, revenue, and interest thereon received and collected 6 pursuant to titles nineteen, twenty-one and twenty-seven of article 7 seventy-one of the environmental conservation law, and pursuant to 8 section 71-0211 of the environmental conservation law, other than those 9 amounts prescribed by law to be directed into other funds, shall be 10 deposited in a special account within the conservation fund to be known 11 as the conservation enforcement account. All of such moneys, revenues 12 and interest shall be available to the department of environmental 13 conservation, pursuant to appropriation, exclusively for funding the 14 enforcement of the environmental conservation law, including funding for 15 scientists, environmental law enforcement officers, attorneys, adminis- 16 trative support, and such other expenses the commissioner deems neces- 17 sary for such enforcement. Such money shall be used to supplement and 18 not supplant funding for the enforcement of the environmental conserva- 19 tion law as of the effective date of this subdivision. 20 § 3. Subdivision 1 of section 71-0213 of the environmental conserva- 21 tion law, as added by section 1 of part DDD of chapter 59 of the laws of 22 2009, is amended to read as follows: 23 1. Whenever proceedings result in a conviction for an offense under 24 this chapter there shall be levied, in addition to any sentence required 25 or permitted by law, the following mandatory surcharges: (a) in the 26 amount of twenty-five dollars for violations of sportfishing regulations 27 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] one 28 hundred twelve dollars and fifty cents for all other offenses under this 29 chapter provided, however, that convictions for offenses under articles 30 seventeen, nineteen or twenty-seven of this chapter shall be subject to 31 a mandatory surcharge equal to the greater of [seventy-five dollars] one 32 hundred twelve dollars and fifty cents or [six] nine percent of any 33 penalty or fine imposed. The mandatory surcharge shall be paid to the 34 clerk of the court who shall remit such mandatory surcharge to the state 35 comptroller provided, however, that in cases where the conviction was 36 rendered by a town or a village justice court, the clerk of such court 37 shall pay twenty-five dollars of such surcharge to the chief fiscal 38 officer of the town or village in the case of surcharges resulting from 39 paragraph (b) of this subdivision and ten dollars in the case of 40 surcharges resulting from paragraph (a) of this subdivision and shall 41 pay the remaining amounts of such mandatory surcharges to the state 42 comptroller in the same manner as provided in section 71-0211 of this 43 article. The comptroller shall pay such monies into the state treasury 44 to the [credit of the general fund] conservation fund to the credit of 45 the conservation enforcement account established pursuant to subdivision 46 (k) of section eighty-three of the state finance law. 47 § 4. Section 71-0301 of the environmental conservation law, as amended 48 by chapter 400 of the law of 1973, is amended to read as follows: 49 § 71-0301. Summary abatement. 50 Notwithstanding any inconsistent provisions of law, whenever the 51 commissioner finds, after investigation, that any person is causing, 52 engaging in or maintaining a condition or activity which, in [his] the 53 judgment of the commissioner, presents an imminent danger to the health 54 or welfare of the people of the state or results in or is likely to 55 result in irreversible or irreparable damage to natural resources, and 56 relates to the prevention and abatement powers of the commissioner andS. 4033 3 1 it therefore appears to be prejudicial to the interests of the people of 2 the state to delay action until an opportunity for a hearing can be 3 provided, the commissioner may, without prior hearing, order such person 4 by notice, in writing wherever practicable or in such other form as in 5 the commissioner's judgment will reasonably notify such person whose 6 practices are intended to be proscribed, to discontinue, abate or alle- 7 viate such condition or activity, and thereupon such person shall imme- 8 diately discontinue, abate or alleviate such condition or activity. As 9 promptly as possible thereafter, not to exceed fifteen days, the commis- 10 sioner shall provide the person an opportunity to be heard and to pres- 11 ent proof that such condition or activity does not violate the 12 provisions of this section. The commissioner shall adopt any other 13 appropriate rules and regulations prescribing the procedure to be 14 followed in the issuance of such orders. Any person who violates any of 15 the provisions of, or who fails to perform any duty imposed by this 16 section, or any rule, regulation or order promulgated by the commission- 17 er hereunder, shall be liable to a civil penalty of not more than [twen-18ty-five hundred] three thousand seven hundred fifty dollars for each 19 such violation and an additional penalty of not more than [five] seven 20 hundred fifty dollars for each day during which such violation contin- 21 ues, and, in addition thereto, such person may be enjoined from continu- 22 ing such violation. Penalties and injunctive relief provided herein 23 shall be recoverable in an action brought by the attorney general at the 24 request and in the name of the commissioner. 25 § 5. Subdivisions 3 and 4 of section 71-0507 of the environmental 26 conservation law, subdivision 3 as amended by chapter 400 of the laws of 27 1973, are amended to read as follows: 28 3. Moneys received by a town justice or a village justice in any 29 action for a penalty brought under the provisions of this chapter listed 30 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon 31 the settlement or compromise thereof, or a fine for a violation of the 32 provisions of this chapter listed in section 71-0501 and titles 5 33 through 15 inclusive and title 33 of this article shall be paid to the 34 State Comptroller as provided in section 27 of the Town Law and section 35 4-410 of the village law. From the moneys so received, the State Comp- 36 troller shall pay all lawful fees for services rendered in such actions 37 when instituted by order of the department or upon information of a 38 conservation officer, regional and assistant regional conservation offi- 39 cer, special game protector, district ranger, forest ranger, or member 40 of the state police. The balance of such moneys arising from penalties 41 under articles 11 or 13 or title 9 of this article or upon the settle- 42 ment or compromise thereof or from fines for violations of any of the 43 provisions of articles 11 or 13 or title 9 of this article after the 44 payment of lawful fees shall be credited by the Comptroller to the 45 conservation fund. The Comptroller shall adjust and settle [his] their 46 account with the conservation fund in the manner provided by section 47 99-a of the State Finance Law. The balance of all other such moneys 48 after payment of lawful fees shall be credited by the Comptroller to the 49 [general fund] conservation fund to the credit of the conservation 50 enforcement account established pursuant to subdivision (k) of section 51 eighty-three of the state finance law. 52 4. All moneys received by any other person or court in an action for a 53 penalty brought under the provisions of this chapter listed in section 54 71-0501 and titles 5 through 15 inclusive and title 33 of this article 55 or upon the settlement or compromise thereof, or a fine for a violation 56 of the provisions of this chapter listed in section 71-0501 and titles 5S. 4033 4 1 through 15 inclusive and title 33 of this article, shall be paid by such 2 person or court to the department within thirty days after receipt ther- 3 eof. The department shall pay the expenses of collection and the lawful 4 fees of magistrates and constables for services performed in criminal 5 actions brought upon information of a conservation officer, regional and 6 assistant regional conservation officer, special game protector, 7 district ranger, forest ranger, or member of the state police. Such 8 moneys derived from fines or penalties for violations of articles 11 or 9 13 or title 9 of this article or from the settlement or compromise ther- 10 eof shall be paid by the department to the Commissioner of Taxation and 11 Finance and credited to the conservation fund. All other moneys so 12 received by the department shall be paid to the Commissioner of Taxation 13 and Finance and credited to the [general fund] conservation fund to the 14 credit of the conservation enforcement account established pursuant to 15 subdivision (k) of section eighty-three of the state finance law. 16 § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ- 17 mental conservation law, subdivisions 1, 2 and 6 as amended by chapter 18 602 of the laws of 2003, subdivision 9 as added by chapter 267 of the 19 laws of 2012 and subdivision 10 as added by chapter 330 of the laws of 20 2014, are amended to read as follows: 21 1. Except as otherwise provided in subdivision 4, 5, 6 or 7 of this 22 section, any person who violates any provision of article 9 or the 23 rules, regulations or orders promulgated pursuant thereto or the terms 24 of any permit issued thereunder, or who fails to perform any duty 25 imposed by any provision thereof shall be guilty of a violation, and, 26 upon conviction, shall be punished by a fine of not more than [two27hundred fifty] three hundred seventy-five dollars, or by imprisonment 28 for not more than fifteen days, or by both such fine and imprisonment, 29 and in addition thereto shall be liable to a civil penalty of not less 30 than ten nor more than one hundred fifty dollars. 31 2. The violation of any of the provisions of the following sections 32 shall subject the person guilty thereof to the following civil penalties 33 in addition to the liability prescribed in subdivision 1 of this 34 section: 35 a. Section 9-1113 of this chapter, [two] three dollars per tree; 36 b. Subdivision 3 of section 9-1105 of this chapter, [twenty-five] 37 thirty-seven dollars and fifty cents per day; 38 c. Subdivision 4 of section 9-1105 of this chapter, and subdivision 1 39 of section 9-1117 of this chapter, [ten] fifteen dollars per mile per 40 day; 41 d. Section 9-1115 of this chapter, [ten] fifteen dollars per mile; 42 e. Subdivision 2 of section 9-1117 of this chapter, one hundred fifty 43 dollars per each offense; and 44 f. Section 9-1119 of this chapter, one hundred fifty dollars per day 45 per locomotive. 46 With respect to the penalty for violation of subdivision 4 of section 47 9-1105 of this chapter, the owner and every person engaged in such 48 cutting shall be liable therefor; however, the liability for penalty 49 shall not arise until the expiration of twenty days after service, 50 personally or by mail upon the alleged violator at [his] their last 51 known place of residence of a written notice of failure to comply with 52 the requirements of subdivision 4 of section 9-1105 of this chapter. 53 6. (a) In addition to any other penalty provided by law, any person 54 who violates subdivision 1 of section 9-0303 of this chapter shall be 55 liable to a civil penalty of [two hundred fifty] three hundred seventy- 56 five dollars per tree or treble damages, based on the stumpage value ofS. 4033 5 1 such tree or both. Where the order or decision finds that the defendant 2 established by clear and convincing evidence, that when such defendant 3 committed the violation, [he or she] they had cause to believe that the 4 land was [his or her] their own, or that [he or she] such defendant had 5 an easement or right of way across such land which permitted such 6 action, damages shall be awarded on the basis of the stumpage value of 7 such tree or trees in the market as if they were privately owned. 8 Notwithstanding the foregoing, this section shall not be construed to 9 authorize the cutting of timber or removal of trees where such action 10 would otherwise be violative of any provision of the state constitution 11 or law. 12 (b) In addition to any other penalty provided by law, a person who 13 violates section 9-1501 of this chapter shall be liable for a civil 14 penalty of [two hundred fifty] three hundred seventy-five dollars per 15 tree or treble damages or both, based on the stumpage value of such tree 16 or trees. Where the order or decision finds that the defendant estab- 17 lished by clear and convincing evidence, that when such defendant 18 committed the violation, [he or she] they had cause to believe that the 19 land was [his or her] their own or that [he or she] such defendant had 20 an easement or right of way across such land which permitted such 21 action, damages shall be awarded on the basis of the stumpage value of 22 such tree or trees. Notwithstanding the foregoing, this section shall 23 not be construed to authorize the cutting of timber or removal of trees 24 where such action would otherwise be violative of any provision of the 25 state constitution or law. 26 (c) For purposes of this subdivision, "stumpage value" shall mean the 27 current fair market value of a tree as it stands prior to the time of 28 sale, cutting, or removal. Stumpage value shall be determined by one or 29 more of the following methods: the sale price of the tree in an arm's- 30 length sale, a review of solicited bids, the stumpage price report 31 prepared by the department of environmental conservation, comparison 32 with like sales on trees on state or private lands, or other appropriate 33 means to assure that a fair market value is established within an 34 acceptable range based on the appropriate geographic area. 35 9. a. Any person who transports, sells, imports or introduces invasive 36 species, in violation of the regulations promulgated pursuant to section 37 9-1709 of this chapter shall be subject to the following: 38 For any first violation in lieu of a penalty there may be issued a 39 written warning by the department and there may also be issued education 40 materials at the discretion of the department regarding requirements 41 related to invasive species. Such person shall, however, for any subse- 42 quent violation thereafter be subject to a fine of no less than [two43hundred fifty] three hundred seventy-five dollars. 44 b. Any nursery grower licensed pursuant to article fourteen of the 45 agriculture and markets law, any person who owns or operates a public 46 vessel as such term is defined in paragraph (a) of subdivision six of 47 section two of the navigation law, or any person who owns or operates a 48 commercial fishing vessel who transports, sells, imports or introduces 49 invasive species in violation of the regulations promulgated pursuant to 50 section 9-1709 of this chapter, shall be subject to a fine of not less 51 than [six] nine hundred dollars upon the first penalty. Upon the second 52 penalty such person shall be subject to a fine of not less than [two] 53 three thousand dollars. Upon a subsequent penalty and after a hearing or 54 opportunity to be heard upon due notice the following penalties may 55 apply: (i) such nursery grower may be subject to the revocation proce- 56 dures of section one hundred sixty-three-c of the agriculture andS. 4033 6 1 markets law (ii) such person's vessel registration may be suspended or 2 (iii) such person's fishing permit may be revoked by the department. 3 10. Any person who violates section 9-1710 of this chapter shall be 4 guilty of a violation and shall be punishable and liable to a civil 5 penalty as provided in subdivision one of this section, provided, howev- 6 er, that for any first violation in lieu of a penalty there shall be 7 issued a written warning by the department and there shall also be 8 issued education materials at the discretion of the department regarding 9 requirements related to invasive species. Such person shall be subject 10 to a fine of up to [one hundred fifty] two hundred seventy-five dollars 11 for a second offense, up to [two hundred fifty] three hundred seventy- 12 five dollars for a third offense, and no less than [two hundred fifty] 13 three hundred seventy-five dollars nor more than [one thousand] five 14 hundred dollars for a fourth or subsequent offense. 15 § 7. Section 71-0707 of the environmental conservation law is amended 16 to read as follows: 17 § 71-0707. Resisting or obstructing departmental agent or employee. 18 Any person who resists or obstructs an authorized agent or employee of 19 the department while [he] such agent or employee is engaged in carrying 20 out any provision of section 9-0305 shall be guilty of a violation which 21 shall be punishable by a fine not exceeding one hundred fifty dollars 22 and by an additional fine [of] not exceeding [twenty-five] thirty-seven 23 dollars and fifty cents for each additional day of such resistance or 24 obstruction. 25 § 8. Section 71-0709 of the environmental conservation law, as amended 26 by chapter 640 of the laws of 1977, is amended to read as follows: 27 § 71-0709. Injury to state lands. 28 Any person who intentionally or negligently causes a fire which burns 29 on or over state lands shall be liable to the state for treble damages 30 and, in addition, to a civil penalty of [ten] fifteen dollars for every 31 tree killed or destroyed by such fire. Damages to state lands and timber 32 shall be ascertained and determined at the same rate of value as if such 33 property were privately owned. 34 § 9. Section 71-0711 of the environmental conservation law, as amended 35 by chapter 640 of the laws of 1977, is amended to read as follows: 36 § 71-0711. Injury to municipal or private lands. 37 Any person who causes a fire which burns on or over lands belonging to 38 another person or to a municipality shall be liable to the party injured 39 (a) for actual damages in case of fire negligently caused or (b) for the 40 higher of actual damages or damages at the rate of [five] seven dollars 41 and fifty cents for each tree killed or destroyed in case of fire 42 wilfully caused. 43 § 10. Section 71-1105 of the environmental conservation law, as 44 amended by chapter 99 of the laws of 2010, is amended to read as 45 follows: 46 § 71-1105. Enforcement of subdivision 4 of section 15-0313. 47 Any violation of subdivision 4 of section 15-0313 shall be a 48 violation, punishable by a fine of not more than [one thousand eight] 49 two thousand seven hundred dollars, and in addition thereto, by a civil 50 penalty of not more than [one thousand eight] two thousand seven hundred 51 dollars. 52 § 11. Section 71-1107 of the environmental conservation law, as 53 amended by chapter 640 of the laws of 1977, is amended to read as 54 follows: 55 § 71-1107. Punishment for violations of title 5 of article 15.S. 4033 7 1 1. A violation of section 15-0501, 15-0503 or 15-0505, shall consti- 2 tute a misdemeanor, punishable by a fine of not to exceed [ten] fifteen 3 thousand dollars, or by imprisonment not to exceed one year or by both 4 such fine and imprisonment and, in addition thereto, by a civil penalty 5 of not more than [five thousand] seven thousand five hundred dollars. 6 2. A subcontractor, employee or agent of such person or public corpo- 7 ration, or of a state department who knowingly and intentionally acts, 8 or a prime contractor of such person, public corporation or state 9 department who acts with or without an intention to violate the 10 provisions of title 5 of article 15, in disregard of specifications 11 provided in a construction contract protecting against stream damage, 12 shall be guilty of a violation punishable by a fine of not less than 13 [twenty-five] thirty-seven dollars and fifty cents, nor more than [two14hundred fifty] three hundred seventy-five dollars, or by imprisonment 15 for not more than fifteen days, or by both such fine and imprisonment, 16 and, in addition, thereto, by a civil penalty of not more than [five17thousand] seven thousand five hundred dollars. 18 § 12. Section 71-1109 of the environmental conservation law, as 19 amended by chapter 364 of the laws of 1999, is amended to read as 20 follows: 21 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507. 22 1. Any owner violating subdivision 1 of section 15-0507 or any regu- 23 lations promulgated pursuant thereto may be liable for a penalty not to 24 exceed [five] seven hundred fifty dollars for each and every offense; 25 every violation of such subdivision shall be a separate and distinct 26 offense; and in case of a continuing violation, every day's continuance 27 thereof shall be deemed a separate and distinct offense. 28 2. Any owner violating subdivision 4 of section 15-0507 may be liable 29 for a penalty not to exceed [five thousand] seven thousand five hundred 30 dollars for each and every offense; every violation of an order referred 31 to in such subdivision shall be a separate and distinct offense; and in 32 case of a continuing violation, every day's continuance thereof shall be 33 deemed a separate and distinct offense. 34 § 13. Section 71-1111 of the environmental conservation law, as 35 amended by chapter 364 of the laws of 1999, is amended to read as 36 follows: 37 § 71-1111. Enforcement of subdivision 3 of section 15-0511. 38 Any person or local public corporation violating subdivision 3 of 39 section 15-0511 may be liable for a penalty not to exceed [five thou-40sand] seven thousand five hundred dollars for each and every offense; 41 every violation of an order referred to in such subdivision shall be a 42 separate and distinct offense; and in case of a continuing violation, 43 every day's continuance thereof shall be deemed a separate and distinct 44 offense. 45 § 14. Subdivision 2 of section 71-1113 of the environmental conserva- 46 tion law, as added by chapter 356 of the laws of 1985, is amended to 47 read as follows: 48 2. Any person who violates the provisions of section 15-1506 of this 49 chapter or the rules, regulations, orders or determinations of the 50 commissioner promulgated thereto or the terms of any permit issued ther- 51 eunder, shall be liable for a civil penalty not less than [twenty-five] 52 three thousand seven hundred fifty dollars nor more than [ten] fifteen 53 thousand dollars per day of such violation. 54 § 15. Section 71-1115 of the environmental conservation law, as 55 amended by chapter 640 of the laws of 1977, is amended to read as 56 follows:S. 4033 8 1 § 71-1115. Enforcement of section 15-1525. 2 Any person violating the provisions of section 15-1525 shall be guilty 3 of a violation punishable by a fine of not more than one thousand five 4 hundred dollars, and in addition thereto, shall be liable for a civil 5 penalty of not more than [fifteen hundred] two thousand two hundred 6 fifty dollars. 7 § 16. Subdivisions 1 and 2 of section 71-1117 of the environmental 8 conservation law, as amended by chapter 640 of the laws of 1977, are 9 amended to read as follows: 10 1. Any person or public corporation violating subdivision 1 of section 11 15-1745, shall be guilty of a violation punishable by a fine of not more 12 than [five thousand] seven thousand five hundred dollars. 13 2. In addition, the department may, in an action instituted by it in 14 any court of competent jurisdiction, recover from any such person or 15 public corporation the sum of [one hundred fifty] two hundred twenty- 16 five dollars per day for each day that such person or public corporation 17 continues to take, draw, divert or make use of any part or portion of 18 such waters. 19 § 17. Section 71-1121 of the environmental conservation law, as 20 amended by chapter 640 of the laws of 1977, is amended to read as 21 follows: 22 § 71-1121. Enforcement of subdivision 2 of section 15-1947. 23 Violation of subdivision 2 of section 15-1947 shall constitute a 24 violation, punishable by a fine of not more than one thousand five 25 hundred dollars, and in addition thereto, a civil penalty of not more 26 than [fifteen hundred] two thousand two hundred fifty dollars. 27 § 18. Section 71-1123 of the environmental conservation law, as 28 amended by chapter 640 of the laws of 1977, is amended to read as 29 follows: 30 § 71-1123. Enforcement of section 15-2133. 31 1. Any neglect of the provisions of section 15-2133 by any officer or 32 person in charge of any reservoir shall be a violation punishable by a 33 fine of not more than one thousand five hundred dollars, and in addition 34 thereto, by a civil penalty of not more than [fifteen hundred] two thou- 35 sand two hundred fifty dollars. 36 2. Any person violating the provisions of subdivision 3 of section 37 15-2133 shall be guilty of a violation punishable by a fine of not more 38 than one thousand five hundred dollars, and in addition thereto, shall 39 be liable for a civil penalty of not more than [fifteen hundred] two 40 thousand two hundred fifty dollars. 41 § 19. Section 71-1125 of the environmental conservation law, as 42 amended by chapter 640 of the laws of 1977, is amended to read as 43 follows: 44 § 71-1125. Enforcement of section 15-2315. 45 Any person who violates the provisions of the first sentence of 46 section 15-2315 shall be guilty of a violation punishable by a fine of 47 not more than one thousand five hundred dollars, and in addition there- 48 to, shall be liable for a civil penalty of not more than [fifteen49hundred] two thousand two hundred fifty dollars. 50 § 20. Subdivision 1 of section 71-1127 of the environmental conserva- 51 tion law, as amended by chapter 401 of the laws of 2011, is amended to 52 read as follows: 53 1. Any person who violates any of the provisions of, or who fails to 54 perform any duty imposed by article 15 except section 15-1713, or who 55 violates or who fails to comply with any rule, regulation, determination 56 or order of the department heretofore or hereafter promulgated pursuantS. 4033 9 1 to article 15 except section 15-1713, or any condition of a permit 2 issued pursuant to article 15 of this chapter, or any determination or 3 order of the former water resources commission or the department hereto- 4 fore promulgated pursuant to former article 5 of the Conservation Law, 5 shall be liable for a civil penalty of not more than [two thousand five] 6 three thousand seven hundred fifty dollars for such violation and an 7 additional civil penalty of not more than [five] seven hundred fifty 8 dollars for each day during which such violation continues, and, in 9 addition thereto, such person may be enjoined from continuing such 10 violation as otherwise provided in article 15 except section 15-1713. 11 § 21. Section 71-1131 of the environmental conservation law, as added 12 by chapter 640 of the laws of 1977, is amended to read as follows: 13 § 71-1131. Violations; criminal liability. 14 Except as otherwise specifically provided, any person who violates any 15 of the provisions of article 15 of this chapter, or any rule, regulation 16 or order promulgated pursuant thereto, or the terms of any permit issued 17 thereunder shall be guilty of a violation punishable by a fine of not 18 more than [five] seven hundred fifty dollars. 19 § 22. Section 71-1203 of the environmental conservation law, as added 20 by chapter 384 of the laws of 1983, is amended to read as follows: 21 § 71-1203. Penalties. 22 Any person who violates the provisions of article twenty-two of this 23 chapter shall be subject to a civil penalty not to exceed [ten] fifteen 24 thousand dollars for each day during which such violation occurred; 25 provided, however, that the total penalty to be imposed shall not exceed 26 one million five hundred thousand dollars. 27 § 23. Subdivisions 1 and 3 of section 71-1307 of the environmental 28 conservation law, as amended by chapter 99 of the laws of 2010, are 29 amended to read as follows: 30 1. Administrative sanctions. Any person who violates any provision of 31 article 23 of this chapter or commits any offense described in section 32 71-1305 of this title shall be liable to the people of the state for a 33 civil penalty not to exceed [eight] twelve thousand dollars and an addi- 34 tional penalty of [two] three thousand dollars for each day during which 35 such violation continues, to be assessed by the commissioner after a 36 hearing or opportunity to be heard. The commissioner, acting by the 37 attorney general, may bring suit for collection of such assessed civil 38 penalty in any court of competent jurisdiction. Such civil penalty may 39 be released or compromised by the commissioner before the matter has 40 been referred to the attorney general; and where such matter has been 41 referred to the attorney general, any such penalty may be released or 42 compromised and any action commenced to recover the same may be settled 43 and discontinued by the attorney general with the consent of the commis- 44 sioner. In addition, the commissioner shall have the power, following a 45 hearing conducted pursuant to rules and regulations adopted by the 46 department, to direct the violator to cease the violation and reclaim 47 and repair the affected site to a condition acceptable to the commis- 48 sioner, to the extent possible within a reasonable time and under the 49 direction and supervision of the commissioner. Any such order of the 50 commissioner shall be enforceable in any action brought by the commis- 51 sioner in any court of competent jurisdiction. Any civil penalty or 52 order issued by the commissioner under this subdivision shall be review- 53 able in a proceeding under article seventy-eight of the civil practice 54 law and rules. 55 3. Criminal sanctions. Any person who, having any of the culpable 56 mental states defined in sections 15.05 and 20.20 of the penal law,S. 4033 10 1 violates any provision of article 23 of this chapter or commits any 2 offense described in section 71-1305 of this title shall be guilty of a 3 misdemeanor and, upon conviction thereof, shall be punished by a fine 4 not to exceed one thousand five hundred dollars for each day during 5 which such violation continues or by imprisonment for a term of not more 6 than one year, or by both such fine and imprisonment. If the conviction 7 is for a subsequent offense committed after a first conviction of such 8 person under this subdivision, punishment shall be by a fine not to 9 exceed [eight] twelve thousand dollars for each day during which such 10 violation continues or by imprisonment for a term of not more than one 11 year, or by both such fine and imprisonment. 12 § 24. Subdivision 1 of section 71-1707 of the environmental conserva- 13 tion law is amended to read as follows: 14 1. Any person who violates, disobeys or disregards any term or 15 provision of this chapter listed in section 71-1701, or of titles 17 16 through 21 inclusive of this article or of any lawful notice, order or 17 regulation pursuant thereto for which a civil penalty is not otherwise 18 expressly prescribed by law, shall be liable to the people of the state 19 for a civil penalty of not to exceed one thousand five hundred dollars 20 for every such violation. 21 § 25. Section 71-1711 of the environmental conservation law is amended 22 to read as follows: 23 § 71-1711. Willful violation of health laws. 24 1. A person who willfully violates or refuses or omits to comply with 25 any lawful order or regulation prescribed by any local board of health 26 or local health officer, is guilty of a misdemeanor; except, however, 27 that where such order or regulation applies to a tenant with respect to 28 [his] such tenant's own dwelling unit or to an owner occupied one or two 29 family dwelling, such person is guilty of an offense for the first 30 violation punishable by a fine not to exceed [fifty] seventy-five 31 dollars and for a second or subsequent violation is guilty of a misde- 32 meanor punishable by a fine not to exceed [five] seven hundred fifty 33 dollars or by imprisonment not to exceed six months or by both such fine 34 and imprisonment. 35 2. A person who willfully violates any provision of this chapter list- 36 ed in section 71-1701, or of titles 17 through 21 inclusive of this 37 article, or any regulation lawfully made or established by any public 38 officer or board under authority of such provisions, the punishment for 39 violating which is not otherwise prescribed by such provisions or any 40 other law, is punishable by imprisonment not exceeding one year, or by a 41 fine not exceeding [two] three thousand dollars or by both. 42 § 26. Section 71-1725 of the environmental conservation law, as 43 amended by chapter 400 of the laws of 1973, is amended to read as 44 follows: 45 § 71-1725. Assessment of Penalties. 46 The commissioner may assess any penalty prescribed for a violation of 47 or a failure to comply with any provision contained in this title or 48 listed in section 71-1701, or any lawful notice, order or regulation 49 prescribed by the commissioner under any such provision, one thousand 50 five hundred dollars for every such violation or failure, which penalty 51 may be assessed after a hearing or an opportunity to be heard. 52 § 27. Section 71-1905 of the environmental conservation law is amended 53 to read as follows: 54 § 71-1905. Enforcement of section 17-1705.S. 4033 11 1 Any person violating any provision of section 17-1705 shall forfeit to 2 the county where the violation occurred the sum of [fifty] seventy-five 3 dollars for every such violation. 4 § 28. Subdivision 1 of section 71-1907 of the environmental conserva- 5 tion law is amended to read as follows: 6 1. Every person violating any provision of section 17-1707 shall 7 forfeit to the municipality having a local board of health where the 8 violation occurs the sum of [twenty-five] thirty-seven dollars and fifty 9 cents for the first day when the violation takes place, and the sum of 10 [ten] fifteen dollars for every subsequent day that such violation is 11 repeated or continued. 12 § 29. Subdivision 2 of section 71-1909 of the environmental conserva- 13 tion law, as amended by section 35 of part C of chapter 62 of the laws 14 of 2003, is amended to read as follows: 15 2. Any person violating any provision of section 17-1709 shall be 16 guilty of a misdemeanor, and punishable by a fine of not more than 17 [seven hundred fifty] one thousand one hundred twenty-five dollars or by 18 imprisonment for not more than one year or by both such fine and impri- 19 sonment. 20 § 30. Section 71-1911 of the environmental conservation law, as 21 amended by section 36 of part C of chapter 62 of the laws of 2003, is 22 amended to read as follows: 23 § 71-1911. Enforcement of section 17-1711. 24 Any person violating any provision of section 17-1711 shall be guilty 25 of an offense, and punishable by a fine of not more than [seventy-five] 26 one hundred twelve dollars and fifty cents. 27 § 31. Subdivision 2 of section 71-1913 of the environmental conserva- 28 tion law is amended to read as follows: 29 2. Any person violating any provision of section 17-1713 shall be 30 guilty of a misdemeanor, and punishable by a fine of not more than 31 [five] seven hundred fifty dollars or by imprisonment for not more than 32 one year or by both such fine and imprisonment. 33 § 32. Subdivision 1 of section 71-1915 of the environmental conserva- 34 tion law is amended to read as follows: 35 1. Any person violating any provision of section 17-1715 shall be 36 guilty of a misdemeanor, and punishable by a fine of not more than 37 [five] seven hundred fifty dollars or by imprisonment for not more than 38 one year or by both such fine and imprisonment. 39 § 33. Subdivision 1 of section 71-1921 of the environmental conserva- 40 tion law is amended to read as follows: 41 1. Any person putting in or constructing or maintaining a conduit, 42 discharge pipe or other means of discharging or casting any refuse or 43 waste matter in violation of section 17-1729 shall forfeit to the people 44 of the state [five] seven dollars and fifty cents a day for each day the 45 same is used or maintained for such purpose, to be collected in an 46 action brought by the commissioner. 47 § 34. Subdivision 1 of section 71-1929 of the environmental conserva- 48 tion law, as amended by section 37 of part C of chapter 62 of the laws 49 of 2003, is amended to read as follows: 50 1. A person who violates any of the provisions of, or who fails to 51 perform any duty imposed by titles 1 through 11 inclusive and title 19 52 of article 17, or the rules, regulations, orders or determinations of 53 the commissioner promulgated thereto or the terms of any permit issued 54 thereunder, shall be liable to a penalty of not to exceed [thirty-seven55thousand five hundred] fifty-six thousand two hundred fifty dollars per 56 day for each violation, and, in addition thereto, such person may beS. 4033 12 1 enjoined from continuing such violation as hereinafter provided. 2 Violation of a permit condition shall constitute grounds for revocation 3 of such permit, which revocation may be accomplished either as provided 4 in paragraph f of subdivision 4 of section 17-0303 or by order of judg- 5 ment of the supreme court as an alternate or additional civil penalty in 6 an action brought pursuant to subdivision 3 of this section. 7 § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b 8 of subdivision 8 of section 71-1933 of the environmental conservation 9 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii 10 and iv of paragraph b of subdivision 8 as amended by section 39 of part 11 C of chapter 62 of the laws of 2003, are amended to read as follows: 12 1. Any person who, having any of the culpable mental states defined in 13 section 15.05 of the penal law, shall violate any of the provisions of 14 titles 1 through 5, 9 through 11 and 19 of article 17 or the rules, 15 regulations, orders or determinations of the commissioner promulgated 16 thereto, or the terms of any permit issued thereunder, shall be guilty 17 of a misdemeanor and, upon conviction thereof, shall be punished by a 18 fine of not less than [three thousand seven hundred fifty] five thousand 19 six hundred twenty-five dollars nor more than [thirty-seven thousand20five hundred] fifty-six thousand two hundred fifty dollars per day of 21 violation or by imprisonment for a term of not more than one year, or by 22 both such fine and imprisonment. If the conviction is for an offense 23 committed after a first conviction of such person under this subdivi- 24 sion, punishment shall be by a fine of not more than [seventy-five thou-25sand] one hundred twelve thousand five hundred dollars per day of 26 violation, or by imprisonment for not more than two years, or by both. 27 i. [$750,000] $1,125,000 for a class C felony committed by an organ- 28 ization as defined in section 71-1932 of this title; 29 ii. [$375,000] $562,500 for a class C felony; 30 iii. [$75,000] $112,500 per day of continuing violation for a class E 31 felony defined under subdivision four of this section but in no event 32 less than [$7,500] $11,250; and [$15,000] $22,500 for a class E felony 33 defined under subdivision seven of this section; 34 iv. [$37,500] $56,250 per day of continuing violation for a class A 35 misdemeanor but in no event less than [$3,750] $5,625. 36 § 36. Paragraph b of subdivision 3 of section 71-1939 of the environ- 37 mental conservation law, as added by chapter 543 of the laws of 2010, is 38 amended to read as follows: 39 b. All fines and penalties collected pursuant to this subdivision 40 shall be paid to the district or county, provided, however, that one- 41 quarter of such fines and penalties received shall be paid to the 42 [general fund to the credit of the state purposes account] conservation 43 fund to the credit of the conservation enforcement account established 44 pursuant to subdivision (k) of section eighty-three of the state finance 45 law. 46 § 37. Subdivision 1 of section 71-1941 of the environmental conserva- 47 tion law, as amended by section 40 of part C of chapter 62 of the laws 48 of 2003, is amended to read as follows: 49 1. Except where the owner of or a person in actual or constructive 50 possession or control of more than one thousand one hundred gallons, in 51 bulk, of any liquid including petroleum which, if released, would or 52 would be likely to pollute the lands or waters of the state including 53 the groundwaters thereof can prove that the entry or presence of any 54 part of such liquid onto such lands or into or in such waters causing or 55 contributing to a condition therein in contravention of the standards 56 adopted or deemed adopted by the water pollution control board or any ofS. 4033 13 1 its legal successors was caused solely by (A) an act of God, (B) an act 2 of war, (C) negligence on the part of the United States or New York 3 State Government or (D) an act or omission of a third party without 4 regard to whether any such act or omission was or was not negligent, or 5 any combination of the foregoing clauses, such owner or person shall be 6 liable for a penalty of not more than [three thousand seven hundred7fifty] five thousand six hundred twenty-five dollars for an initial 8 incident resulting in or contributing to such a contravention and for an 9 additional penalty not to exceed [seven hundred fifty] one thousand one 10 hundred twenty-five dollars for each day during which such contravention 11 or contribution thereto continues, and in addition shall be liable to 12 the people of the state of New York for the actual costs incurred by or 13 on behalf of the people of the state for the removal or neutralization 14 of such liquid and for any and all reasonable measures taken or 15 attempted to reduce, limit or diminish the extent or effect of such 16 contravention. 17 § 38. Section 71-1943 of the environmental conservation law, as 18 amended by section 41 of part C of chapter 62 of the laws of 2003, is 19 amended to read as follows: 20 § 71-1943. Enforcement of section 17-1743. 21 Any person who fails to so notify the department of such release, 22 discharge or spill into the waters of the state as described in section 23 17-1743 of this chapter shall, upon conviction, be fined not more than 24 [three thousand seven hundred fifty] five thousand six hundred twenty- 25 five dollars or imprisoned for not more than one year, or both. 26 § 39. Section 71-1945 of the environmental conservation law, as added 27 by chapter 205 of the laws of 2010, is amended to read as follows: 28 § 71-1945. Enforcement of title 21 of article 17. 29 1. Except as otherwise provided in this section, any person who 30 violates any provision of title 21 of article 17 of this chapter or any 31 rule, regulation or order issued thereunder shall be liable to the 32 people of the state for a civil penalty not to exceed [five] seven 33 hundred fifty dollars for a first violation, and not to exceed one thou- 34 sand five hundred dollars for each subsequent violation, to be assessed 35 by the commissioner after a hearing or opportunity to be heard. 36 2. Any owner or owner's agent, or occupant of a household who violates 37 any provision of title 21 of article 17 of this chapter or any rule, 38 regulation or order issued thereunder shall, for a first violation be 39 issued a written warning and be provided educational materials. Upon a 40 second violation, the owner or owner's agent, or occupant of a household 41 shall be liable to the people of the state for a civil penalty not to 42 exceed one hundred fifty dollars, and for any subsequent violations 43 shall be liable to the people of the state for a civil penalty not to 44 exceed [two hundred fifty] three hundred twenty-five dollars. No owner 45 or owner's agent of a household shall be held liable for any violation 46 by an occupant. Such penalties may be assessed by the commissioner after 47 a hearing or opportunity to be heard. 48 § 40. Subdivision 1 of section 71-2103 of the environmental conserva- 49 tion law, as amended by chapter 99 of the laws of 2010, is amended to 50 read as follows: 51 1. Except as provided in section 71-2113, any person who violates any 52 provision of article nineteen or any code, rule or regulation which was 53 promulgated pursuant thereto; or any order except an order directing 54 such person to pay a penalty by a specified date issued by the commis- 55 sioner pursuant thereto, shall be liable, in the case of a first 56 violation, for a penalty not less than [five] seven hundred fiftyS. 4033 14 1 dollars nor more than [eighteen] twenty-seven thousand dollars for said 2 violation and an additional penalty of not to exceed [fifteen thousand] 3 twenty thousand five hundred dollars for each day during which such 4 violation continues. In the case of a second or any further violation, 5 the liability shall be for a penalty not to exceed [twenty-six] thirty- 6 nine thousand dollars for said violation and an additional penalty not 7 to exceed [twenty-two thousand five hundred] thirty-three thousand seven 8 hundred fifty dollars for each day during which such violation contin- 9 ues. In addition thereto, such person may be enjoined from continuing 10 such violation as hereinafter provided. 11 § 41. Subdivision 1 of section 71-2105 of the environmental conserva- 12 tion law, as amended by chapter 99 of the laws of 2010, is amended to 13 read as follows: 14 1. Except as provided in section 71-2113, any person who shall wilful- 15 ly violate any of the provisions of article 19 or any code, rule or 16 regulation promulgated pursuant thereto or any final determination or 17 order of the commissioner made pursuant to article 19 shall be guilty of 18 a misdemeanor, and, upon conviction thereof, shall be punished by a 19 fine, in the case of a first conviction, of not less than [five] seven 20 hundred fifty dollars nor more than [eighteen] twenty-seven thousand 21 dollars or by imprisonment for a term of not more than one year, or by 22 both such fine and imprisonment, for each separate violation. If the 23 conviction is for an offense committed after the first conviction of 24 such person under this subdivision, such person shall be punished by a 25 fine not to exceed [twenty-six] thirty-nine thousand dollars, or by 26 imprisonment, or by both such fine and imprisonment. Each day on which 27 such violation occurs shall constitute a separate violation. 28 § 42. Section 71-2111 of the environmental conservation law, as added 29 by chapter 400 of the laws of 1973, is amended to read as follows: 30 § 71-2111. Enforcement of air pollution emergency rules and regulations. 31 Any person who violates any of the provisions of any regulation 32 promulgated by the commissioner under authority of paragraph y of subdi- 33 vision one of section 3-0301 shall be liable for a civil penalty of not 34 more than [twenty-five] three thousand seven hundred fifty dollars for 35 each such violation and an additional penalty of not more than [five] 36 seven hundred fifty dollars for each day during which such violation 37 continues, and, in addition thereto, such persons may be enjoined from 38 continuing such violation. Penalties and injunctive relief provided 39 herein shall be recoverable in an action brought by the attorney general 40 at the request and in the name of the commissioner. 41 § 43. Section 71-2113 of the environmental conservation law, as added 42 by chapter 942 of the laws of 1984, subdivision 1 as amended by section 43 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of 44 the laws of 2003, is amended to read as follows: 45 § 71-2113. Violations of section 19-0304 of article 19 of this chapter. 46 1. Civil and administrative sanctions. Any person who violates any of 47 the provisions of, or who fails to perform any duty imposed by section 48 19-0304 of this chapter, or any rule or regulation promulgated pursuant 49 thereto, or any term or condition of any certificate or permit issued 50 pursuant thereto, or any final determination or order of the commission- 51 er made pursuant to article 19 of this chapter concerning a violation of 52 section 19-0304 of this chapter shall be liable in the case of a first 53 violation, for a civil penalty not to exceed [thirty-seven thousand five54hundred] fifty-six thousand two hundred fifty dollars and an additional 55 penalty of not more than [thirty-seven thousand five hundred] fifty-six 56 thousand two hundred fifty dollars for each day during which suchS. 4033 15 1 violation continues, to be assessed by the commissioner after an oppor- 2 tunity to be heard pursuant to the provisions of section 71-1709 of this 3 article, or by the court in any action or proceeding pursuant to section 4 71-2107 of this title, and, in addition thereto, such person may by 5 similar process be enjoined from continuing such violation and any 6 permit or certificate issued to such person may be revoked or suspended 7 or a pending renewal application denied. In the case of a second and any 8 further violation, the liability shall be for a civil penalty not to 9 exceed [seventy-five] one hundred twelve thousand five hundred dollars 10 for each such violation and an additional penalty not to exceed seven- 11 ty-five thousand dollars for each day during which such violation 12 continues. 13 2. Criminal sanctions. Any person who, having any of the culpable 14 mental states defined in section 15.05 of the penal law, shall violate 15 any of the provisions of or who fails to perform any duty imposed by 16 section 19-0304 of this chapter, or any rules and regulations promulgat- 17 ed pursuant thereto, or any term or condition of any certificate or 18 permit issued pursuant thereto, or any final determination or order of 19 the commissioner made pursuant to article 19 of this chapter concerning 20 a violation of section 19-0304 of this chapter shall be guilty of a 21 misdemeanor and, upon conviction thereof, shall for a first conviction 22 be punished by a fine not to exceed [thirty-seven thousand five hundred] 23 fifty-six thousand two hundred fifty dollars per day of violation or by 24 imprisonment for a term of not more than one year, or both such fine and 25 imprisonment. If the conviction is for an offense committed after a 26 first conviction of such person under this subdivision, punishment shall 27 be by a fine not to exceed [seventy-five] one hundred twelve thousand 28 five hundred dollars per day of violation, or by imprisonment for not 29 more than two years or by both such fine and imprisonment. 30 § 44. Section 71-2201 of the environmental conservation law, as added 31 by chapter 740 of the laws of 1978, the opening paragraph and subdivi- 32 sion 1 as amended and subdivision 3 as added by chapter 901 of the laws 33 of 1983, subdivision 4 as added by chapter 294 of the laws of 1991, is 34 amended to read as follows: 35 § 71-2201. Enforcement of title 23 of article 23 of this chapter. 36 Administrative and civil sanctions. 1. Any person who violates any of 37 the provisions of, or who fails to perform any duty imposed by title 23 38 of article 23 except the duty to accept used oil pursuant to section 39 23-2307 or any person subject to section 23-2308 or any rule or regu- 40 lation promulgated pursuant thereto, or any term or condition of any 41 certificate or permit issued pursuant thereto, or any final determi- 42 nation or order of the commissioner made pursuant to this section shall 43 be liable for a civil penalty not to exceed one thousand five hundred 44 dollars for each such violation and an additional penalty of not more 45 than [five] seven hundred fifty dollars for each day during which such 46 violation continues, to be assessed by the commissioner after a hearing 47 or opportunity to be heard pursuant to the provisions of section 71-1709 48 of this chapter, and, in addition thereto, such person may by similar 49 process be enjoined from continuing such violation and any permit or 50 certificate issued to such person may be revoked or suspended or a pend- 51 ing renewal application denied. 52 2. Any person who refuses to accept used oil as required pursuant to 53 subdivision two of section 23-2307 shall be liable for a civil penalty 54 not to exceed one hundred fifty dollars.S. 4033 16 1 3. Any person who violates any provision of section 23-2308 of this 2 chapter shall be subject to a civil penalty not to exceed [two hundred3fifty] three hundred seventy-five dollars for each violation. 4 4. Notwithstanding any other provision of law, any person who shall 5 violate the provisions of paragraph [(c)] c of subdivision one of 6 section 23-2307 or paragraph [(d)] d of subdivision two of section 7 23-2307 of this chapter shall be liable for a civil penalty of not more 8 than [five] seven hundred fifty dollars, and an additional civil penalty 9 of not more than [five] seven hundred fifty dollars for each day during 10 which such violation continues, not to exceed [ten] fifteen thousand 11 dollars. 12 § 45. Section 71-2303 of the environmental conservation law, as 13 amended by chapter 99 of the laws of 2010, subdivisions 1 and 2 as 14 amended by section 15 of part QQ of chapter 58 of the laws of 2022, is 15 amended to read as follows: 16 § 71-2303. Violation; penalties. 17 1. Civil sanctions. a. Any person who violates, disobeys or disregards 18 any provision of article twenty-four, including title five and section 19 24-0507 thereof or any rule or regulation, local law or ordinance, 20 permit or order issued pursuant thereto, shall be liable to the people 21 of the state for a civil penalty of not to exceed [eleven] sixteen thou- 22 sand five hundred dollars for every such violation, to be assessed, 23 after a hearing or opportunity to be heard upon due notice and with the 24 rights to specification of the charges and representation by counsel at 25 such hearing, by the commissioner or local government or in an action 26 initiated by the attorney general pursuant to section 71-2305 of this 27 title or on the attorney general's own initiative. Each violation shall 28 be a separate and distinct violation and, in the case of a continuing 29 violation, each day's continuance thereof shall be deemed a separate and 30 distinct violation. Such penalty assessed by the commissioner or local 31 government may be recovered in an action brought by the attorney general 32 at the request and in the name of the commissioner or local government 33 in any court of competent jurisdiction. Such civil penalty may be 34 released or compromised by the commissioner or local government before 35 the matter has been referred to the attorney general; and where such 36 matter has been referred to the attorney general, any such penalty may 37 be released or compromised and any action commenced to recover the same 38 may be settled and discontinued by the attorney general with the consent 39 of the commissioner or local government. In addition, the commissioner 40 or local government shall have power, following a hearing held in 41 conformance with the procedures set forth in section 71-1709 of this 42 article, to direct the violator to cease violating the act and to 43 restore the affected freshwater wetland to its condition prior to the 44 violation, insofar as that is possible within a reasonable time and 45 under the supervision of the commissioner or local government. Any such 46 order of the commissioner or local government shall be enforceable in an 47 action brought by the attorney general at the request and in the name of 48 the commissioner or local government in any court of competent jurisdic- 49 tion. Any civil penalty or order issued by the commissioner or local 50 government pursuant to this subdivision shall be reviewable in a 51 proceeding pursuant to article seventy-eight of the civil practice law 52 and rules. 53 b. Upon determining that significant damage to the functions and bene- 54 fits of a freshwater wetland is occurring or is imminent as a result of 55 any violation of article twenty-four of this chapter, including but not 56 limited to (i) activity taking place requiring a permit under articleS. 4033 17 1 twenty-four of this chapter but for which no permit has been granted or 2 (ii) failure on the part of a permittee to adhere to permit conditions, 3 the commissioner or local government shall have power to direct the 4 violator to cease and desist from violating the act. In such cases the 5 violator shall be provided an opportunity to be heard within ten days of 6 receipt of the notice to cease and desist. 7 2. Criminal sanctions. Any person who violates any provision of arti- 8 cle twenty-four of this chapter, including any rule or regulation, local 9 law or ordinance, permit or order issued pursuant thereto, shall, in 10 addition, for the first offense, be guilty of a violation punishable by 11 a fine of not less than [two] three thousand nor more than [five] seven 12 thousand five hundred dollars; for a second and each subsequent offense 13 [he] such person shall be guilty of a misdemeanor punishable by a fine 14 of not less than [four] six thousand nor more than [ten] fifteen thou- 15 sand dollars or a term of imprisonment of not less than fifteen days nor 16 more than six months or both. In addition to these punishments, any 17 offender may be punishable by being ordered by the court to restore the 18 affected freshwater wetland or adjacent area to its condition prior to 19 the offense, insofar as that is possible. The court shall specify a 20 reasonable time for the completion of such restoration, which shall be 21 effected under the supervision of the commissioner or local government. 22 Each offense shall be a separate and distinct offense and, in the case 23 of a continuing offense, each day's continuance thereof shall be deemed 24 a separate and distinct offense. 25 3. All fines collected pursuant to this section shall be paid into the 26 environmental protection fund established pursuant to section ninety- 27 two-s of the state finance law. 28 § 46. Paragraph a of subdivision 1 and subdivision 2 of section 29 71-2503 of the environmental conservation law, as amended by chapter 666 30 of the laws of 1989, are amended to read as follows: 31 a. Any person who violates, disobeys or disregards any provision of 32 article twenty-five shall be liable to the people of the state for a 33 civil penalty of not to exceed [ten] fifteen thousand dollars for every 34 such violation, to be assessed, after a hearing or opportunity to be 35 heard, by the commissioner. Each violation shall be a separate and 36 distinct violation and, in the case of a continuing violation, each 37 day's continuance thereof shall be deemed a separate and distinct 38 violation. The penalty may be recovered in an action brought by the 39 commissioner in any court of competent jurisdiction. Such civil penalty 40 may be released or compromised by the commissioner before the matter has 41 been referred to the attorney general; and where such matter has been 42 referred to the attorney general, any such penalty may be released or 43 compromised and any action commenced to recover the same may be settled 44 and discontinued by the attorney general with the consent of the commis- 45 sioner. 46 2. Criminal sanctions. Any person who violates any provision of arti- 47 cle twenty-five shall, in addition, for the first offense, be guilty of 48 a violation punishable by a fine of not less than [five] seven hundred 49 fifty nor more than [five] seven thousand five hundred dollars; for a 50 second and each subsequent offense such person shall be guilty of a 51 misdemeanor punishable by a fine of not less than one thousand five 52 hundred nor more than [ten] fifteen thousand dollars or a term of impri- 53 sonment of not less than fifteen days nor more than six months or both. 54 In addition to or instead of these punishments, any offender shall be 55 punishable by being ordered by the court to restore the affected tidal 56 wetland or area immediately adjacent thereto to its condition prior toS. 4033 18 1 the offense, insofar as that is possible. The court shall specify a 2 reasonable time for the completion of the restoration, which shall be 3 effected under the supervision of the commissioner. Each offense shall 4 be a separate and distinct offense and, in the case of a continuing 5 offense, each day's continuance thereof shall be deemed a separate and 6 distinct offense. 7 § 47. Section 71-2505 of the environmental conservation law, as 8 amended by chapter 249 of the laws of 1997, is amended to read as 9 follows: 10 § 71-2505. Enforcement. 11 The attorney general, on [his] their own initiative or at the request 12 of the commissioner, shall prosecute persons who violate article twen- 13 ty-five. In addition the attorney general, on [his] their own initi- 14 ative or at the request of the commissioner, shall have the right to 15 recover a civil penalty of up to [ten] fifteen thousand dollars for 16 every violation of any provision of such article, and to seek equitable 17 relief to restrain any violation or threatened violation of such article 18 and to require the restoration of any affected tidal wetland or area 19 immediately adjacent thereto to its condition prior to the violation, 20 insofar as that is possible, within a reasonable time and under the 21 supervision of the commissioner. In the case of a continuing violation, 22 each day's continuance thereof shall be deemed a separate and distinct 23 violation. 24 § 48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental 25 conservation law, subdivisions 1 and 2 as amended by chapter 508 of the 26 laws of 1995, paragraph a of subdivision 1 as amended by section 25, 27 subparagraphs i and ii of paragraph b of subdivision 1 as amended by 28 section 26, paragraph a and subparagraphs i and ii of paragraph b of 29 subdivision 2 as amended by section 27, subparagraphs i and ii of para- 30 graph c of subdivision 2 as amended by section 28 and subdivision 3 as 31 amended by section 29 of part C of chapter 62 of the laws of 2003, are 32 amended to read as follows: 33 1. Civil and administrative sanctions. a. Any person who violates any 34 of the provisions of, or who fails to perform any duty imposed by title 35 3 or 7 of article 27 of this chapter or any rule or regulation promul- 36 gated pursuant thereto, or any term or condition of any certificate or 37 permit issued pursuant thereto, or any final determination or order of 38 the commissioner made pursuant to this title shall be liable for a civil 39 penalty not to exceed [seven thousand five hundred] eleven thousand two 40 hundred fifty dollars for each such violation and an additional penalty 41 of not more than [one thousand five hundred] two thousand two hundred 42 fifty dollars for each day during which such violation continues, to be 43 assessed by the commissioner after an opportunity to be heard pursuant 44 to the provisions of section 71-1709 of this article, or by the court in 45 any action or proceeding pursuant to section 71-2727 of this title, and, 46 in addition thereto, such person may by similar process be enjoined from 47 continuing such violation and any permit or certificate issued to such 48 person may be revoked or suspended or a pending renewal application 49 denied. 50 b. i. Any person who violates any of the provisions of, or who fails 51 to perform any duty imposed by, title 3 or 7 of article 27 of this chap- 52 ter, or any rule or regulation promulgated pursuant thereto, or any term 53 or condition of any certificate or permit issued pursuant thereto and 54 thereby causes the release of solid waste into the environment, shall be 55 liable for a civil penalty not to exceed [eleven thousand two hundred56fifty] sixteen thousand eight hundred seventy-five dollars for each suchS. 4033 19 1 violation and an additional penalty of not more than [eleven thousand2two hundred fifty] sixteen thousand eight hundred seventy-five dollars 3 for each day during which such violation continues, to be assessed by 4 the commissioner after an opportunity to be heard pursuant to the 5 provisions of section 71-1709 of this article, or by the court in any 6 action or proceeding pursuant to section 71-2727 of this title, and, in 7 addition thereto, such person may by similar process be enjoined from 8 continuing such violation and any permit or certificate issued to such 9 person may be revoked or suspended or a pending renewal application 10 denied. 11 ii. Any person who violates any of the provisions of, or who fails to 12 perform any duty imposed by, title 3 or 7 of article 27 of this chapter, 13 or any rule or regulation promulgated pursuant thereto, or any term or 14 condition of any certificate or permit issued pursuant thereto and 15 thereby causes the release of more than ten cubic yards of solid waste 16 into the environment, shall be liable for a civil penalty not to exceed 17 [twenty-two thousand five hundred] thirty-three thousand seven hundred 18 fifty dollars for each such violation and an additional penalty of not 19 more than [twenty-two thousand five hundred] thirty-three thousand seven 20 hundred fifty dollars for each day during which such violation contin- 21 ues, to be assessed by the commissioner after an opportunity to be heard 22 pursuant to the provisions of section 71-1709 of this article, or by the 23 court in any action or proceeding pursuant to section 71-2727 of this 24 title, and, in addition thereto, such person may by similar process be 25 enjoined from continuing such violation and any permit or certificate 26 issued to such person may be revoked or suspended or a pending renewal 27 application denied. 28 c. The court in any action or proceeding pursuant to section 71-2727 29 of this chapter may exercise all powers exercisable by the commissioner. 30 2. Criminal sanctions. a. Any person who, having any of the culpable 31 mental states defined in section 15.05 of the penal law, shall violate 32 any of the provisions of or who fails to perform any duty imposed by 33 title 3 or 7 of article 27 of this chapter, or any rules and regulations 34 promulgated pursuant thereto, or any final determination or order of the 35 commissioner made pursuant to this title shall be guilty of a violation 36 and, upon conviction thereof, shall be punished by a fine of not less 37 than [one thousand five hundred] two thousand two hundred fifty dollars 38 nor more than [fifteen] twenty-two thousand five hundred dollars per day 39 of violation or by imprisonment for not more than fifteen days or by 40 both such fine and imprisonment. 41 b. i. Any person who shall violate paragraph a of this subdivision and 42 thereby causes or attempts to cause the release of more than ten cubic 43 yards of solid waste into the environment shall be guilty of a class B 44 misdemeanor and, upon conviction thereof, shall be punished by a fine of 45 not less than [three thousand seven hundred fifty] five thousand six 46 hundred twenty-five dollars per day nor more than [twenty-two thousand47five hundred] thirty-three thousand seven hundred fifty dollars per day 48 of violation, or by imprisonment for a term in accordance with the penal 49 law, or by both such fine and imprisonment. 50 ii. Any person who shall violate paragraph a of this subdivision and 51 thereby causes or attempts to cause the release of more than ten cubic 52 yards of solid waste into the environment, after having been convicted 53 of a violation of this subdivision within the preceding five years, 54 shall be guilty of a class A misdemeanor and, upon conviction thereof, 55 shall be punished by a fine of not less than [three thousand seven56hundred fifty] five thousand six hundred twenty-five dollars per day norS. 4033 20 1 more than [thirty-seven thousand five hundred] fifty-six thousand two 2 hundred fifty dollars per day of violation, or by imprisonment for a 3 term in accordance with the penal law, or by both such fine and impri- 4 sonment. 5 c. i. Any person who shall violate paragraph a of this subdivision and 6 thereby causes or attempts to cause the release of more than seventy 7 cubic yards of solid waste into the environment shall be guilty of a 8 class A misdemeanor and, upon conviction thereof, shall be punished by a 9 fine of not less than [three thousand seven hundred fifty] five thousand 10 six hundred twenty-five dollars per day nor more than [thirty-seven11thousand five hundred] fifty-six thousand two hundred fifty dollars per 12 day of violation, or by imprisonment for a term in accordance with the 13 penal law, or by both such fine and imprisonment. 14 ii. Any person who shall violate paragraph a of this subdivision and 15 thereby causes or attempts to cause the release of more than seventy 16 cubic yards of solid waste into the environment, after having been 17 convicted of a violation of this subdivision within the preceding five 18 years, shall be guilty of a class E felony and, upon conviction thereof, 19 shall be punished by a fine of not less than [seven thousand five20hundred] eleven thousand two hundred fifty dollars per day nor more than 21 [seventy-five] one hundred twelve thousand five hundred dollars per day 22 of violation, or by imprisonment for a term in accordance with the penal 23 law, or by both such fine and imprisonment. 24 3. Additional sanctions. Any person who violates any of the provisions 25 of, or who fails to perform any duty imposed by title 7 of article 27, 26 with regard to the construction and operation of facilities for the 27 disposal of construction and demolition debris or any rule or regulation 28 promulgated pursuant thereto, or any term or condition of any certif- 29 icate or permit issued pursuant thereto or any final determination or 30 order of the commissioner made pursuant to this title shall be liable 31 for a civil penalty not to exceed [fifteen] twenty-two thousand five 32 hundred dollars and each day of such deposition shall constitute a sepa- 33 rate violation and said civil penalty is in addition to any other fines 34 or penalties which may be applied pursuant to this title. 35 § 49. Section 71-2705 of the environmental conservation law, as added 36 by chapter 550 of the laws of 1980, subdivision 1 as amended by section 37 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of 38 the laws of 2003, is amended to read as follows: 39 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap- 40 ter. 41 1. Civil and administrative sanctions. Any person who violates any of 42 the provisions of, or who fails to perform any duty imposed by titles 9, 43 11 and 13 of article 27 or any rule or regulation promulgated pursuant 44 thereto, or any term or condition of any certificate or permit issued 45 pursuant thereto, or any final determination or order of the commission- 46 er made pursuant to this title shall be liable in the case of a first 47 violation, for a civil penalty not to exceed [thirty-seven thousand five48hundred] fifty-six thousand two hundred fifty dollars and an additional 49 penalty of not more than [thirty-seven thousand five hundred] fifty-six 50 thousand two hundred fifty dollars for each day during which such 51 violation continues, to be assessed by the commissioner after an oppor- 52 tunity to be heard pursuant to the provisions of section 71-1709 of this 53 article, or by the court in any action or proceeding pursuant to section 54 71-2727 of this title, and, in addition thereto, such person may by 55 similar process be enjoined from continuing such violation and any 56 permit or certificate issued to such person may be revoked or suspendedS. 4033 21 1 or a pending renewal application denied. In the case of a second and any 2 further violation, the liability shall be for a civil penalty not to 3 exceed [seventy-five] one hundred twelve thousand five hundred dollars 4 for each such violation and an additional penalty not to exceed [seven-5ty-five] one hundred twelve thousand five hundred dollars for each day 6 during which such violation continues. 7 2. Criminal sanctions. Any person who, having any of the culpable 8 mental states defined in section 15.05 of the penal law, shall violate 9 any of the provisions of or who fails to perform any duty imposed by 10 titles 9, 11 and 13 of article 27 or any rules and regulations promul- 11 gated pursuant thereto, or any term or condition of any certificate or 12 permit issued pursuant thereto, or any final determination or order of 13 the commissioner made pursuant to this title shall be guilty of a misde- 14 meanor and, upon conviction thereof, shall for a first conviction be 15 punished by a fine not to exceed [thirty-seven thousand five hundred] 16 fifty-six thousand two hundred fifty dollars per day of violation or by 17 imprisonment for a term of not more than one year, or both such fine and 18 imprisonment. If the conviction is for an offense committed after a 19 first conviction of such person under this subdivision, punishment shall 20 be by a fine not to exceed [seventy-five] one hundred twelve thousand 21 five hundred dollars per day of violation, or by imprisonment for not 22 more than two years or by both such fine and imprisonment. 23 § 50. Subdivision 2 of section 71-2721 of the environmental conserva- 24 tion law, as amended by section 32 of part C of chapter 62 of the laws 25 of 2003, is amended to read as follows: 26 2. Fines. A sentence to pay a fine shall be a sentence to pay an 27 amount fixed by the court, not exceeding the higher of: 28 (a) [Three] Four hundred fifty thousand dollars for a class C felony; 29 (b) [Two hundred twenty-five thousand] Three hundred thirty-seven 30 thousand five hundred dollars for a class D felony; 31 (c) [One hundred fifty thousand] Twenty-two thousand five hundred 32 dollars for a class E felony; 33 (d) [Thirty-seven thousand five hundred] Fifty-six thousand two 34 hundred fifty dollars for a class A misdemeanor; 35 (e) [Fifteen] Two hundred twenty-five thousand dollars for a class B 36 misdemeanor; or 37 (f) Double the amount of the defendant's gain from the commission of 38 the crime. 39 § 51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental 40 conservation law, subdivision 1 as amended by section 33 and subdivision 41 2 as amended by section 34 of part C of chapter 62 of the laws of 2003, 42 and subdivision 5 as added by chapter 152 of the laws of 1990, are 43 amended to read as follows: 44 1. Any person who knowingly or intentionally violates any of the 45 provisions or fails to perform any duty imposed by section 27-1701 of 46 this chapter, except the duty to accept a lead-acid battery pursuant to 47 subdivision four of such section, shall be liable for a civil penalty 48 not to exceed [seventy-five] one hundred twelve dollars and fifty cents 49 for each violation, provided that such civil penalty shall be in addi- 50 tion to any other penalties authorized under other state or local laws 51 governing the illegal disposal of lead-acid batteries. 52 2. Any retailer or distributor who refuses to accept a lead-acid 53 battery as required pursuant to subdivision four of section 27-1701 of 54 this chapter shall be liable for a civil penalty not to exceed [seven55hundred fifty] one thousand one hundred twenty-five dollars.S. 4033 22 1 5. All civil penalties and fines collected for any violation of such 2 title seventeen shall be paid over to the commissioner for deposit in 3 the [general fund] conservation fund to the credit of the conservation 4 enforcement account established pursuant to subdivision (k) of section 5 eighty-three of the state finance law; provided however, that all civil 6 penalties collected for any violation of such title seventeen which have 7 been imposed by the environmental control board of the city of New York, 8 or a local adjudicatory body pursuant to subdivision four of this 9 section, shall be paid into an environmental fund of such city or local- 10 ity. 11 § 52. Subdivisions 1 and 2 of section 71-2724 of the environmental 12 conservation law, as amended by chapter 30 of the laws of 2020, are 13 amended to read as follows: 14 1. Any person who knowingly or intentionally violates any provision of 15 or fails to perform any duty pursuant to title twenty-one of article 16 twenty-seven of this chapter, except subdivision one of section 27-2105 17 of this chapter, shall upon the first finding of such a violation be 18 liable for a civil penalty not to exceed one hundred fifty dollars. Any 19 person convicted of a second or subsequent violation shall be liable for 20 a civil penalty not to exceed [five] seven hundred fifty dollars for 21 each violation. 22 2. Any person who knowingly or intentionally violates or fails to 23 perform any duty imposed by subdivision one of section 27-2105 of this 24 chapter shall upon the first finding of such a violation be provided 25 with educational materials describing the requirements for mercury 26 disposal and the effects of improper mercury disposal, and be warned 27 that future violations shall result in the imposition of a fine. Any 28 person convicted of a second violation shall be liable for a civil 29 penalty not to exceed [fifty] seventy-five dollars. Any person convicted 30 of a third violation shall be liable for a civil penalty not to exceed 31 [seventy-five] one hundred twelve dollars and fifty cents. Any person 32 convicted of a fourth or subsequent violation shall be liable for a 33 civil penalty not to exceed one hundred dollars for each violation. 34 § 53. Subdivision 1 of section 71-2728 of the environmental conserva- 35 tion law, as added by chapter 641 of the laws of 2008, is amended to 36 read as follows: 37 1. Any person who knowingly or intentionally violates any provision of 38 or fails to perform any duty imposed pursuant to title 27 of article 27 39 of this chapter shall upon the first finding of such a violation be 40 provided with a warning that future violations shall result in the impo- 41 sition of a fine. Any person convicted of a second violation shall be 42 liable for a civil penalty not to exceed one hundred fifty dollars. Any 43 person convicted of a third or subsequent violation shall be liable for 44 a civil penalty not to exceed [five] seven hundred fifty dollars. 45 § 54. Section 71-2729 of the environmental conservation law, as added 46 by chapter 99 of the laws of 2010, is amended to read as follows: 47 § 71-2729. Enforcement of title 26 of article 27 of this chapter. 48 1. a. Any consumer, as defined in title twenty-six of article twenty- 49 seven of this chapter, who violates any provision of, or fails to 50 perform any duty imposed by, section 27-2611 of this chapter, shall be 51 liable for a civil penalty not to exceed one hundred fifty dollars for 52 each violation. 53 b. Any person, except a consumer, manufacturer, or an owner or opera- 54 tor of an electronic waste collection site, electronic waste consol- 55 idation facility, or electronic waste recycling facility as these terms 56 are defined in title twenty-six of article twenty-seven of this chapter,S. 4033 23 1 who violates any provision, or fails to perform any duty imposed by 2 section 27-2611 of this chapter, shall be liable for a civil penalty not 3 to exceed [two hundred fifty] three hundred seventy-five dollars for 4 each violation. 5 c. Any manufacturer, or any person operating an electronic waste 6 collection site, an electronic waste consolidation facility, or an elec- 7 tronic waste recycling facility as those terms are defined in title 8 twenty-six of article twenty-seven of this chapter, who: 9 i. fails to submit any report, registration, fee, or surcharge to the 10 department as required by title twenty-six of article twenty-seven of 11 this chapter shall be liable for a civil penalty not to exceed one thou- 12 sand five hundred dollars for each day such report, registration, fee, 13 or surcharge is not submitted; and 14 ii. violates any other provision of title twenty-six of article twen- 15 ty-seven of this chapter or fails to perform any duty imposed by such 16 title, except for subdivision four of section 27-2603 of this chapter, 17 shall be liable for a civil penalty for each violation not to exceed one 18 thousand five hundred dollars for the first violation, [two thousand19five hundred] three thousand seven hundred fifty dollars for the second 20 violation and [five] seven thousand five hundred dollars for the third 21 and subsequent violations of this title within a twelve-month period. 22 d. Any retailer, as defined by section 27-2601 of this chapter, who 23 violates any provision of title twenty-six of article twenty-seven of 24 this chapter or fails to perform any duty imposed by such title, shall 25 be liable for a civil penalty for each violation not to exceed [two26hundred fifty] three hundred seventy-five dollars for the first 27 violation, [five] seven hundred fifty dollars for the second violation 28 and one thousand five hundred dollars for the third and subsequent 29 violations of this title in a twelve-month period. 30 e. Civil penalties under this section shall be assessed by the commis- 31 sioner after a hearing or opportunity to be heard pursuant to the 32 provisions of section 71-1709 of this article, or by the court in any 33 action or proceeding pursuant to this section, and, in addition thereto, 34 such person may by similar process be enjoined from continuing such 35 violation. 36 2. All penalties collected pursuant to this section shall be paid over 37 to the commissioner for deposit to the environmental protection fund 38 established pursuant to section ninety-two-s of the state finance law. 39 § 55. Subdivisions 1 and 3 of section 71-2907 of the environmental 40 conservation law, as amended by chapter 285 of the laws of 2000, are 41 amended to read as follows: 42 1. Administrative sanctions. Except as otherwise provided in this 43 subdivision, any person who violates any provision of article 33 of this 44 chapter or any rule, regulation or order issued thereunder or commits 45 any offense described in section 33-1301 of this chapter shall be liable 46 to the people of the state for a civil penalty not to exceed [five] 47 seven thousand five hundred dollars for a first violation, and not to 48 exceed [ten] fifteen thousand dollars for a subsequent offense, to be 49 assessed by the commissioner after a hearing or opportunity to be heard. 50 Notwithstanding any provision of law to the contrary, an owner or 51 owner's agent of a multiple dwelling or owner, owner's agent or a person 52 in a position of authority for all other types of premises, as such 53 terms are defined in paragraph d of subdivision five of section 33-0905 54 of this chapter, who violates any provision of a local law adopted 55 pursuant to subdivision one of section 33-1004 of this chapter relating 56 to paragraph b of such subdivision, and a person, who violates anyS. 4033 24 1 provision of a local law adopted pursuant to subdivision one of section 2 33-1004 of this chapter relating to paragraph c of such subdivision, and 3 a person who violates the provisions of subdivision three of section 4 three hundred ninety-c of the social services law shall, for a first 5 such violation, in lieu of a penalty, be issued a written warning and 6 shall also be issued educational materials pursuant to subdivision two 7 of section 33-1005 of this chapter. Such person shall, however, for a 8 second violation, be liable to the people of the state for a civil 9 penalty not to exceed one hundred fifty dollars, and not to exceed [two10hundred fifty] three hundred seventy-five dollars for any subsequent 11 violation, such penalties to be assessed by the commissioner after a 12 hearing or opportunity to be heard. 13 Notwithstanding any provision of law to the contrary, any person who 14 violates the provisions of a local law adopted pursuant to subdivision 15 one of section 33-1004 of this chapter relating to paragraph a of such 16 subdivision, shall be issued a warning for the first violation and shall 17 be provided seven days to correct such violation; and shall be liable to 18 the people of the state for a civil penalty not to exceed one hundred 19 fifty dollars for a second violation, and not to exceed [two hundred20fifty] three hundred seventy-five dollars for a subsequent violation, to 21 be assessed by the commissioner after a hearing or opportunity to be 22 heard. The commissioner, acting by the attorney general, may bring suit 23 for collection of such assessed civil penalty in any court of competent 24 jurisdiction. Such civil penalty may be released or compromised by the 25 commissioner before the matter has been referred to the attorney gener- 26 al; and where such matter has been referred to the attorney general, any 27 such penalty may be released or compromised and any action commenced to 28 recover the same may be settled and discontinued by the attorney general 29 with the consent of the commissioner. Any civil penalty assessed by the 30 commissioner under this subdivision shall be reviewable in a proceeding 31 under article 78 of the civil practice law and rules. 32 3. Criminal sanctions. Any person who, having the culpable mental 33 states defined in subdivision one or two of section 15.05 or in section 34 20.20 of the penal law, violates any provision of article 33 of this 35 chapter or any rule, regulation thereunder or commits any offense 36 described in section 33-1301 of this chapter, except an offense relating 37 to the application of a general use pesticide shall be guilty of a 38 misdemeanor and, upon conviction thereof, shall be punished by a fine 39 not to exceed [five] seven thousand five hundred dollars for each day 40 during which such violation continues or by imprisonment for a term of 41 not more than one year, or by both such fine and imprisonment. If the 42 conviction is for a subsequent offense committed after a first 43 conviction of such person under this subdivision, punishment shall be by 44 a fine not to exceed [ten] fifteen thousand dollars for each day during 45 which such violation continues or by imprisonment for a term of not more 46 than one year, or by both such fine and imprisonment. When a violation 47 consists of the manufacture or production of any prohibited article, 48 each day during which or any part of which such manufacture or 49 production is carried on or continued, shall be deemed a separate 50 violation. Any person who violates any provision of article 33 of this 51 chapter or any rule or regulation thereunder or commits any offense 52 described in section 33-1301 of this chapter relating to the use of a 53 general use pesticide shall be guilty of a violation and, upon 54 conviction thereof, shall be punished by a fine not to exceed [twenty-55five hundred] three thousand seven hundred fifty dollars. If the 56 conviction is for a subsequent offense committed after the first suchS. 4033 25 1 conviction of such person under this subdivision, punishment shall be by 2 a fine not to exceed [five] seven thousand five hundred dollars. Prose- 3 cution hereunder may be conducted by either the attorney general or the 4 district attorney consistent with section 71-0403 of this article. With 5 respect to violations of section 33-1004 of this chapter, penalties 6 imposed pursuant to this subdivision may be assessed only against a 7 person providing a commercial lawn application. 8 § 56. Section 71-3103 of the environmental conservation law is amended 9 to read as follows: 10 § 71-3103. Enforcement of article 35. 11 Any person who violates any of the provisions of, or who fails to 12 perform any duties imposed by article 35 or any regulation promulgated 13 by the commissioner thereunder, shall be liable to a civil penalty of 14 not more than [twenty-five hundred] three thousand seven hundred fifty 15 dollars for each such violation and an additional penalty of not more 16 than [five] seven hundred fifty dollars for each day during which such 17 violation continues, and, in addition thereto, such person may be 18 enjoined from continuing such violation. Penalties and injunctive relief 19 provided herein shall be recoverable in an action brought by the Attor- 20 ney General at the request and in the name of the commissioner. 21 § 57. Subdivision 1 of section 71-3303 of the environmental conserva- 22 tion law, as added by chapter 617 of the laws of 1987, is amended to 23 read as follows: 24 1. Any person who violates any provision of, or fails to perform any 25 duty imposed by article forty-three of this chapter or any rule or regu- 26 lation promulgated pursuant thereto, or any term or condition of any 27 certificate or permit issued pursuant thereto, or any final determi- 28 nation or order of the Lake George park commission made pursuant to 29 article forty-three of this chapter shall be liable for a civil penalty 30 not to exceed [five] seven hundred fifty dollars for each such violation 31 and an additional penalty of [five] seven hundred fifty dollars for each 32 day during which such violation continues, to be assessed by the Lake 33 George park commission after an opportunity to be heard, or by the court 34 in any action or proceeding initiated by the attorney general in the 35 name of the Lake George park commission. In addition thereto, such 36 person may, by similar process, be enjoined from continuing such 37 violation, and any permit or certificate issued to such person may be 38 revoked or suspended, or a pending renewal application denied based upon 39 such violation. 40 § 58. Section 71-3307 of the environmental conservation law, as added 41 by chapter 617 of the laws of 1987, is amended to read as follows: 42 § 71-3307. Criminal sanctions. 43 Any person who, having any of the culpable mental states defined in 44 section 15.05 of the penal law, shall violate any of the provisions of 45 or who fails to perform any duty imposed by article forty-three of this 46 chapter or any rules or regulations promulgated thereto, or any final 47 determination or order of the Lake George park commission shall be guil- 48 ty of a violation, and, upon conviction thereof, shall be punished by a 49 fine not to exceed [five] seven hundred fifty dollars for each violation 50 and [five] seven hundred fifty dollars for each day such violation shall 51 continue. 52 § 59. Section 71-3501 of the environmental conservation law is amended 53 to read as follows: 54 § 71-3501. Putting noisome or unwholesome substances or maintaining 55 noisome business on or near highway.S. 4033 26 1 A person, who deposits, leaves or keeps, on or near a highway or route 2 of public travel, either on the land or on the water, any noisome or 3 unwholesome substance, or establishes, maintains or carries on, upon or 4 near a public highway or route of public travel, either on the land or 5 on the water, any business, trade or manufacture which is noisome or 6 detrimental to public health, is guilty of a misdemeanor, punishable by 7 a fine of not less than one hundred fifty dollars, or by imprisonment 8 not less than three nor more than six months, or both. 9 § 60. Section 71-3703 of the environmental conservation law, as 10 amended by chapter 259 of the laws of 2011, subdivision 4 as amended by 11 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of 12 the laws of 2021, subdivision 6 as added by chapter 111 of the laws of 13 2023, and subdivision 7 as added by chapter 107 of the laws of 2024, is 14 amended to read as follows: 15 § 71-3703. Enforcement of article 37. 16 1. Any person who violates any of the provisions of, or who fails to 17 perform any duty imposed by section 37-0107 or any rule or regulation 18 promulgated pursuant hereto, shall be liable for a civil penalty not to 19 exceed [two thousand five hundred] three thousand seven hundred fifty 20 dollars for each such violation and an additional penalty of not more 21 than [five] seven hundred fifty dollars for each day during which such 22 violation continues, and, in addition thereto, such person may be 23 enjoined from continuing such violation. 24 2. Any person who violates any of the provisions of, or who fails to 25 perform any duty imposed by section 37-0505 or any rule or regulation 26 promulgated pursuant hereto, shall be liable for a civil penalty not to 27 exceed one thousand five hundred dollars for each day during which such 28 violation continues, and in addition thereto, such person may be 29 enjoined from continuing such violation. Such person shall for a second 30 violation be liable to the people of the state for a civil penalty not 31 to exceed [two thousand five hundred] three thousand seven hundred fifty 32 dollars for each day during which such violation continues. 33 3. Any person who violates any of the provisions of, or who fails to 34 perform any duty imposed by section 37-0705 or any rule or regulation 35 promulgated pursuant hereto, shall be liable for a civil penalty not to 36 exceed one thousand five hundred dollars for each day during which such 37 violation continues, and in addition thereto, such person may be 38 enjoined from continuing such violation. Such person shall for a second 39 violation be liable to the people of the state for a civil penalty not 40 to exceed [two thousand five hundred] three thousand seven hundred fifty 41 dollars for each day during which such violation continues. 42 4. Any person who violates any of the provisions of, or who fails to 43 perform any duty imposed by section 37-0117 or any rule or regulation 44 promulgated pursuant hereto, shall be liable for a civil penalty not to 45 exceed one thousand five hundred dollars for each day during which such 46 violation continues, and in addition thereto, such person may be 47 enjoined from continuing such violation. Such person shall for a second 48 violation be liable to the people of the state for a civil penalty not 49 to exceed [two thousand five hundred] three thousand seven hundred fifty 50 dollars for each day during which such violation continues. 51 5. Any person who violates any of the provisions of or who fails to 52 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter 53 or any rule or regulation promulgated pursuant hereto, shall be liable 54 for a civil penalty not to exceed one thousand five hundred dollars for 55 each day during which such violation continues, and in addition thereto, 56 such person may be enjoined from continuing such violation. Such personS. 4033 27 1 shall for a second violation be liable to the people of the state for a 2 civil penalty not to exceed [two thousand five hundred] three thousand 3 seven hundred fifty dollars for each day during which such violation 4 continues. 5 6. Any person who violates any of the provisions of, or who fails to 6 perform any duty imposed by section 37-0121 of this chapter or any rule 7 or regulation promulgated pursuant hereto, shall be liable for a civil 8 penalty not to exceed one thousand five hundred dollars for each day 9 during which such violation continues, and in addition thereto, such 10 person may be enjoined from continuing such violation. Such person shall 11 for a second violation be liable to the people of the state for a civil 12 penalty not to exceed [two thousand five hundred] three thousand seven 13 hundred fifty dollars for each day during which such violation contin- 14 ues. 15 7. Any person who violates any of the provisions of, or who fails to 16 perform any duty imposed by section 37-1101 of this chapter or any rule 17 or regulation promulgated pursuant hereto, shall be liable for a civil 18 penalty not to exceed one thousand five hundred dollars for each day 19 during which such violation continues, and in addition thereto, such 20 person may be enjoined from continuing such violation. Such person shall 21 for a second violation be liable to the people of the state for a civil 22 penalty not to exceed [two thousand five hundred] three thousand seven 23 hundred fifty dollars for each day during which such violation contin- 24 ues. 25 § 61. Section 71-3803 of the environmental conservation law, as added 26 by chapter 713 of the laws of 1975, is amended to read as follows: 27 § 71-3803. Enforcement of article thirty-eight. 28 Any person who violates any of the provisions of, or who fails to 29 perform any duty imposed by article thirty-eight or any regulation 30 promulgated by the commissioner thereunder, shall be liable to a civil 31 penalty of not more than [twenty-five hundred] three thousand seven 32 hundred fifty dollars for each such violation and an additional penalty 33 of not more than [five] seven hundred fifty dollars for each day during 34 which such violation continues, and, in addition thereto, such person 35 may be enjoined from continuing such violation. Penalties and injunctive 36 relief provided herein shall be recoverable in an action brought by the 37 attorney general acting alone or at the request of the commissioner. 38 § 62. Section 71-3903 of the environmental conservation law, as added 39 by chapter 732 of the laws of 1980, is amended to read as follows: 40 § 71-3903. Violations; penalties. 41 1. Administrative sanctions. Any person who violates, disobeys or 42 disregards any provision of article thirty-nine shall be liable to the 43 people of the state for a civil penalty of not to exceed [three] four 44 thousand five hundred dollars for every such violation, to be assessed 45 by the commissioner after a hearing or opportunity to be heard. The 46 penalty may be recovered in an action brought by the commissioner in any 47 court of competent jurisdiction. Such civil penalty may be released or 48 [comprised] compromised by the commissioner before the matter has been 49 referred to the attorney general; and where such matter has been 50 referred to the attorney general, any such penalty may be released or 51 [comprised] compromised and any action commenced to recover the same may 52 be settled and discontinued by the attorney general with the consent of 53 the commissioner. In addition, the commissioner shall have power, 54 following a hearing, to direct the violator to cease [his] their 55 violation of article thirty-nine and, where appropriate, to recall any 56 sewage system cleaners or additives sold or distributed in violation ofS. 4033 28 1 said article. Any such order of the commissioner shall be enforceable in 2 an action brought by the commissioner in any court of competent juris- 3 diction. Any civil penalty or order issued by the commissioner under 4 this subdivision shall be reviewable in a proceeding under article 5 seventy-eight of the civil practice law and rules commenced within thir- 6 ty days of such penalty or order. 7 2. Criminal sanctions. Any person who knowingly violates any provision 8 of section 39-0105 of this chapter shall, in addition to the sanctions 9 provided in subdivision one of this section, for the first offense, be 10 guilty of a violation punishable by a fine of not less than [five] seven 11 hundred fifty nor more than one thousand five hundred dollars; for a 12 second and each subsequent offense [he] such person shall be guilty of a 13 misdemeanor punishable by a fine of not less than one thousand five 14 hundred nor more than [three] four thousand five hundred dollars or a 15 term of imprisonment of not more than six months or both. In addition to 16 or instead of these sanctions, any offender shall be punishable by being 17 ordered by the court to recall any sewage system cleaners or additives 18 sold or distributed in violation of article thirty-nine. The court shall 19 specify a reasonable time for the completion of the recall. Each offense 20 shall be a separate and distinct offense and, in the case of a continu- 21 ing offense, each day's continuance thereof shall be deemed a separate 22 and distinct offense. 23 § 63. Section 71-3905 of the environmental conservation law, as added 24 by chapter 732 of the laws of 1980, is amended to read as follows: 25 § 71-3905. Enforcement. 26 The attorney general or a district attorney, at the request of the 27 attorney general or the commissioner, may prosecute persons who violate 28 article thirty-nine. In addition the attorney general, on [his] their 29 own initiative or at the request of the commissioner, shall have the 30 right to recover a civil penalty of not to exceed [three] four thousand 31 five hundred dollars for every violation of any provision of said arti- 32 cle, and to seek equitable relief to restrain any violation or threat- 33 ened violation of such article and to require the recall of any sewage 34 system cleaners or additives sold or distributed in violation of said 35 article. 36 § 64. Section 71-4001 of the environmental conservation law, as 37 amended by chapter 99 of the laws of 2010, is amended to read as 38 follows: 39 § 71-4001. General criminal penalty. 40 Except as otherwise specifically provided elsewhere in this chapter or 41 in the penal law, (a) a person who violates any provision of this chap- 42 ter, or any rule, regulation or order promulgated pursuant thereto, or 43 the terms or conditions of any permit issued thereunder, shall be guilty 44 of a violation; (b) each day on which such violation occurs shall 45 constitute a separate violation; and (c) for each such violation the 46 person shall be subject upon conviction to imprisonment for not more 47 than fifteen days or to a fine of not more than [nine] one thousand 48 three hundred fifty dollars, or to both such imprisonment and such fine. 49 § 65. Section 71-4003 of the environmental conservation law, as 50 amended by chapter 99 of the laws of 2010, is amended to read as 51 follows: 52 § 71-4003. General civil penalty. 53 Except as otherwise specifically provided elsewhere in this chapter, a 54 person who violates any provision of this chapter, or any rule, regu- 55 lation or order promulgated pursuant thereto, or the terms or conditions 56 of any permit issued thereunder, shall be liable to a civil penalty ofS. 4033 29 1 not more than one thousand five hundred dollars, and an additional civil 2 penalty of not more than one thousand five hundred dollars for each day 3 during which each such violation continues. Any civil penalty provided 4 for by this chapter may be assessed following a hearing or opportunity 5 to be heard. 6 § 66. Section 71-4103 of the environmental conservation law, as 7 amended by chapter 608 of the laws of 1993, is amended to read as 8 follows: 9 § 71-4103. Enforcement of article seventy-two. 10 Any person who violates any of the provisions of article seventy-two 11 of this chapter or the regulations promulgated thereunder shall be 12 liable for a civil penalty of up to one thousand five hundred dollars in 13 addition to any amount assessed as a penalty pursuant to subdivision 14 five of section 72-0201 of this chapter, except that any person who 15 fails to pay fees required pursuant to section 72-0303 of this chapter 16 shall be subject to penalty provisions pursuant to subdivision twelve of 17 section 72-0201 of this chapter. 18 § 67. Section 71-4303 of the environmental conservation law, as added 19 by chapter 672 of the laws of 1986, is amended to read as follows: 20 § 71-4303. Violations of article forty of this chapter. 21 1. Civil and administrative sanctions. Any person who violates any of 22 the provisions of, or who fails to perform any duty imposed by, article 23 forty of this chapter or any rule or regulation promulgated thereunder, 24 or any terms or conditions of any certificate or permit issued pursuant 25 thereto, or any final determination or order of the commissioner made 26 pursuant to this title, shall be liable in the case of a civil penalty 27 not to exceed [twenty-five] thirty-seven thousand five hundred dollars 28 and an additional penalty of not more than [twenty-five thousand] thir- 29 ty-seven thousand five hundred dollars for each day during which such 30 violation continues, to be assessed by the commissioner after an oppor- 31 tunity to be heard pursuant to the provisions of section 71-1709 of this 32 article or by a court in any action or proceeding pursuant to this 33 title, and, in addition thereto such person may by similar process be 34 enjoined from continuing such violation. In addition, upon the provision 35 of notice stating the grounds for its action and giving an opportunity 36 for hearing, the commissioner may revoke, suspend or deny a certificate 37 or a renewal of a certificate issued pursuant to article forty of this 38 chapter. In the case of a second violation, the liability shall be for a 39 civil penalty not to exceed [fifty] seventy-five thousand dollars for 40 such violation and an additional penalty not to exceed [fifty] seventy- 41 five thousand dollars for each day during which such violation contin- 42 ues. 43 2. Criminal sanctions. Any person who, having any of the culpable 44 mental states defined in section 15.05 of the penal law, shall violate 45 any of the provisions of or who fails to perform any duty imposed by 46 article forty of this chapter or any rules or regulations promulgated 47 pursuant thereto, or any term or condition of any certificate or permit 48 issued pursuant thereto, or any final determination or order of the 49 commissioner made pursuant to this title shall be guilty of a misdemea- 50 nor and, upon conviction thereof, shall for a first conviction be 51 punished by a fine not to exceed [twenty-five] thirty-seven thousand 52 five hundred dollars per day of violation or by imprisonment for a term 53 of not more than one year, or by both such fine and imprisonment. If the 54 conviction is for an offense committed after a first conviction of such 55 person under this subdivision, punishment shall be by a fine not to 56 exceed [fifty] seventy-five thousand dollars per day of violation, or byS. 4033 30 1 imprisonment for not more than two years or by both such fine and impri- 2 sonment. 3 § 68. Section 71-4402 of the environmental conservation law, as added 4 by chapter 180 of the laws of 1989, is amended to read as follows: 5 § 71-4402. Violations of title 15 of article 27 of this chapter. 6 1. Civil and administrative sanctions. 7 Any person who violates any of the provisions of, or who fails to 8 perform any duty imposed by title 15 of article 27 of this chapter, or 9 any rule or regulation promulgated pursuant thereto, or any term or 10 condition of any certificate or permit issued pursuant thereto, or any 11 final determination or order of the commissioner made pursuant to this 12 title shall be liable in the case of a first violation, for a civil 13 penalty not to exceed [twenty-five] thirty-seven thousand five hundred 14 dollars and an additional penalty of not more than [twenty-five] thir- 15 ty-seven thousand five hundred dollars for each day during which such 16 violation continues, to be assessed by the commissioner after an oppor- 17 tunity to be heard pursuant to the provisions of section 71-1709 of this 18 chapter, or by the court in any action or proceeding pursuant to section 19 71-2727 of this chapter, and, in addition thereto, such persons may by 20 similar process be enjoined from continuing such violation and any 21 permit or certificate issued to such person may be revoked or suspended 22 or a pending renewal application denied. In the case of a second and any 23 further violation, the liability shall be for a civil penalty not to 24 exceed [fifty] seventy-five thousand dollars for each such violation and 25 an additional penalty not to exceed [fifty] seventy-five thousand 26 dollars for each day during which such violation continues. 27 2. Criminal sanctions. 28 a. Any person who violates any of the provisions of or who fails to 29 perform any duty imposed by title 15 of article 27 of this chapter or 30 any rules and regulations promulgated pursuant thereto, or any term or 31 condition of any certificate or permit issued pursuant thereto, or any 32 final determination or order of the commissioner made pursuant to this 33 title shall be guilty of a violation and, upon conviction thereof, shall 34 be punished by a fine not to exceed [five] seven thousand five hundred 35 dollars per day of violation, or by imprisonment for a term of not more 36 than fifteen days, or by both such fine and imprisonment. 37 b. Any person who, intentionally, knowingly, or recklessly shall 38 violate any of the provisions of or who fails to perform any duty 39 imposed by title 15 of article 27 of this chapter or any rules and regu- 40 lations promulgated pursuant thereto, or any term or condition of any 41 certificate or permit issued pursuant thereto, or any final determi- 42 nation or order of the commissioner made pursuant to this title shall be 43 guilty of a class B misdemeanor and, upon conviction thereof, shall for 44 a first conviction be punished by a fine not to exceed [fifteen] twen- 45 ty-two thousand five hundred dollars per day of violation or by impri- 46 sonment for a term of not more than ninety days, or both such fine and 47 imprisonment. If the conviction is for an offense committed after a 48 first conviction of such person under this paragraph, within the preced- 49 ing five years, such person shall be guilty of a class A misdemeanor and 50 upon conviction, punishment shall be by a fine not to exceed [fifty] 51 seventy-five thousand five hundred dollars per day of violation, or by 52 imprisonment for not more than one year or by both such fine and impri- 53 sonment. 54 § 69. Subdivision 2 of section 71-4411 of the environmental conserva- 55 tion law, as added by chapter 180 of the laws of 1989, is amended to 56 read as follows:S. 4033 31 1 2. Fines. A sentence to pay a fine shall be a sentence to pay any 2 amount fixed by the court, not exceeding the higher of: 3 (a) [one hundred fifty] two hundred twenty-five thousand dollars for a 4 class D felony; 5 (b) one hundred fifty thousand dollars for a class E felony; 6 (c) [fifty] seventy-five thousand dollars for a class A misdemeanor; 7 (d) [fifteen] twenty-two thousand five hundred dollars for a class B 8 misdemeanor; or 9 (e) double the amount of the defendant's gain from the commission of 10 the crime. 11 § 70. This act shall take effect immediately.
