Senate Bill S7261

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

                                  7261

                            I N  S E N A T E

                             March 26, 2010
                               ___________

Introduced  by  Sen. ADDABBO -- 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,  in  relation  to
  increasing  civil  penalties  for  subsequent violations of title 3 or
  title 7 of article 27 of the environmental conservation  law  relating
  to  waste  transporter permits and solid waste management and resource
  recovery facilities

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

  Section  1.  Subdivision  1  of  section  71-2703 of the environmental
conservation law, as amended by chapter 508 of the laws of  1995,  para-
graph a as amended by section 25 and subparagraphs i and ii of paragraph
b  as amended by section 26 of part C of chapter 62 of the laws of 2003,
is amended to read as follows:
  1. Civil and administrative sanctions.  a. Any person who violates any
of the provisions of, or who fails to perform any duty imposed by  title
3  or  7 of article 27 of this chapter or any rule or regulation promul-
gated pursuant thereto, or any term or condition of any  certificate  or
permit  issued  pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be liable for a civil
penalty not to exceed seven thousand five hundred dollars for each  such
violation  and  an additional penalty of not more than one thousand five
hundred dollars for each day during which such violation  continues,  to
be  assessed by the commissioner after an opportunity to be heard pursu-
ant to the provisions of section 71-1709 of  this  article,  or  by  the
court  in  any  action or proceeding pursuant to section 71-2727 of this
title, and, in addition thereto, such person may by similar  process  be
enjoined  from  continuing  such violation and any permit or certificate
issued to such person may be revoked or suspended or a  pending  renewal
application  denied.  IN  THE  CASE OF A SECOND VIOLATION, THE LIABILITY
SHALL BE FOR A CIVIL PENALTY NOT TO EXCEED FIFTEEN THOUSAND DOLLARS  FOR
EACH  SUCH VIOLATION AND AN ADDITIONAL PENALTY NOT TO EXCEED THREE THOU-
SAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. IN  THE
CASE  OF A THIRD AND ANY FURTHER VIOLATION, THE LIABILITY SHALL BE FOR A

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

                                                           LBD16528-01-0

S. 7261                             2

CIVIL PENALTY NOT TO  EXCEED  THIRTY  THOUSAND  DOLLARS  FOR  EACH  SUCH
VIOLATION  AND  AN ADDITIONAL PENALTY NOT TO EXCEED SIX THOUSAND DOLLARS
FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
  b.  i.  Any person who violates any of the provisions of, or who fails
to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
ter, or any rule or regulation promulgated pursuant thereto, or any term
or condition of any certificate or permit issued  pursuant  thereto  and
thereby causes the release of solid waste into the environment, shall be
liable  for  a  civil  penalty not to exceed eleven thousand two hundred
fifty dollars for each such violation and an additional penalty  of  not
more  than eleven thousand two hundred fifty dollars for each day during
which such violation continues, to be assessed by the commissioner after
an opportunity to be heard pursuant to the provisions of section 71-1709
of this article, or by the court in any action or proceeding pursuant to
section 71-2727 of this title, and, in addition thereto, such person may
by similar process be enjoined from continuing such  violation  and  any
permit  or certificate issued to such person may be revoked or suspended
or a pending renewal  application  denied.  IN  THE  CASE  OF  A  SECOND
VIOLATION,  THE  LIABILITY  SHALL  BE  FOR A CIVIL PENALTY NOT TO EXCEED
TWENTY-TWO THOUSAND FIVE HUNDRED DOLLARS FOR EACH SUCH VIOLATION AND  AN
ADDITIONAL  PENALTY  NOT  TO  EXCEED  TWENTY-TWO  THOUSAND  FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. IN THE  CASE
OF A THIRD AND ANY FURTHER VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
PENALTY  NOT  TO  EXCEED  FORTY-FIVE  THOUSAND  DOLLARS  FOR  EACH  SUCH
VIOLATION AND AN ADDITIONAL PENALTY NOT TO  EXCEED  FORTY-FIVE  THOUSAND
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES.
  ii.  Any person who violates any of the provisions of, or who fails to
perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
or any rule or regulation promulgated pursuant thereto, or any  term  or
condition  of  any  certificate  or  permit  issued pursuant thereto and
thereby causes the release of more than ten cubic yards of  solid  waste
into  the environment, shall be liable for a civil penalty not to exceed
twenty-two thousand five hundred dollars for each such violation and  an
additional  penalty  of  not  more than twenty-two thousand five hundred
dollars for each day  during  which  such  violation  continues,  to  be
assessed  by  the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
in addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued  to  such
person  may  be  revoked  or  suspended or a pending renewal application
denied. IN THE CASE OF A SECOND VIOLATION, THE LIABILITY SHALL BE FOR  A
CIVIL  PENALTY  NOT  TO EXCEED FORTY-FIVE THOUSAND DOLLARS FOR EACH SUCH
VIOLATION AND AN ADDITIONAL PENALTY NOT TO  EXCEED  FORTY-FIVE  THOUSAND
DOLLARS  FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES. IN THE CASE
OF A THIRD AND ANY FURTHER VIOLATION, THE LIABILITY SHALL BE FOR A CIVIL
PENALTY NOT TO EXCEED NINETY THOUSAND DOLLARS FOR  EACH  SUCH  VIOLATION
AND AN ADDITIONAL PENALTY NOT TO EXCEED NINETY THOUSAND DOLLARS FOR EACH
DAY DURING WHICH SUCH VIOLATION CONTINUES.
  c.  The  court in any action or proceeding pursuant to section 71-2727
of this chapter may exercise all powers exercisable by the commissioner.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.