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Assembly Bill A5259

2009-2010 Legislative Session

Relates to the general civil penalty of the environmental conservation law

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Archive: Last Bill Status - In Assembly Committee

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2009-A5259 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: A1645
2013-2014: A183
2015-2016: A5787
2017-2018: A8548

2009-A5259 (ACTIVE) - Summary

Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.

2009-A5259 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5259

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of A. GIANARIS, BOYLAND -- read once and referred to
  the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  general civil penalty

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 71-4003 of the environmental conservation  law,  as
amended  by  chapter  76  of  the  laws  of  1982, is amended to read as
follows:
S 71-4003. General civil penalty.
  Except as otherwise specifically provided elsewhere in  [the  environ-
mental  conservation  law]  THIS  CHAPTER,  a  person  who  violates any
provision of [the environmental conservation law] THIS CHAPTER,  or  any
rule[,]  OR  regulation  [or order] promulgated pursuant thereto, or the
terms or conditions of any permit, CERTIFICATE OR  ORDER  issued  there-
under,  shall  be  liable [to] FOR a civil penalty of not more than five
hundred dollars, and an additional civil penalty of not more  than  five
hundred dollars for each day during which each such violation continues;
AND  IN  ADDITION  THERETO,  SUCH PERSON MAY BE ENJOINED FROM CONTINUING
SUCH VIOLATION, AND ANY PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON  MAY
BE REVOKED OR SUSPENDED, OR A PENDING RENEWAL APPLICATION MAY BE DENIED.
Any  civil  penalty, INJUNCTIVE RELIEF, OR PERMIT OR CERTIFICATE REVOCA-
TION, SUSPENSION OR DENIAL provided for by this [chapter] SECTION may be
assessed following a hearing or opportunity to be heard.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05860-01-9

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