Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 22, 2010 |
committee discharged and committed to rules |
Mar 26, 2010 |
referred to environmental conservation |
Senate Bill S7261
2009-2010 Legislative Session
Sponsored By
(D) 15th Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D, WF) 21st Senate District
(D, WF) Senate District
2009-S7261 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10396
- Current Committee:
- Senate Rules
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §71-2703, En Con L
2009-S7261 (ACTIVE) - Summary
Increases 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; general violations, release of solid waste, release of more than 10 cubic yards of solid waste.
2009-S7261 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7261 TITLE OF BILL : 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 PURPOSE : This legislation creates an enhanced civil penalty structure for second and third violations of titles 3 and 7 of article 27 of the environmental conservation law, which govern waste transporter permits and solid waste management and resource recovery facilities. SUMMARY OF PROVISIONS : This bill amends subdivision 1 of section 71-2703 of the environmental conservation law, as amended by chapter 508 of the laws of 1995, paragraph 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 to create an enhanced penalty structure for second and third violations. JUSTIFICATION : Title 3 of Article 27 the environmental conservation law outlines
2009-S7261 (ACTIVE) - Bill Text download pdf
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.
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