|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to environmental conservation|
|Jan 14, 2011||referred to environmental conservation|
senate Bill S1971
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1971 - Details
S1971 - 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.
S1971 - Sponsor Memo
BILL NUMBER:S1971 TITLE OF BILL: An act to amend the environmental conservation law, in relation to the general civil penalty PURPOSE OF BILL: To amend the Environmental Conservation Law (ECL) to provide injunctive relief for ECL violations for which there is no specifically stated penalty in law. SUMMARY OF PROVISIONS: ECL §71-4003 is amended to provide for injunctive relief, as well as revocation or suspension of a permit or certificate or denial of a pending renewal application, for violations of the ECL where the penalty is not otherwise specifically provided. EXISTING LAW: ECL §71-4003 provides for a civil penalty of $500 for the initial violation, and an additional $500 for each day the violation continues. LEGISLATIVE HISTORY: STATEMENT IN SUPPORT: Typically, the relevant provisions of the ECL give the Commissioner
S1971 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1971 2011-2012 Regular Sessions I N S E N A T E January 14, 2011 ___________ Introduced by Sen. GIANARIS -- 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 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 99 of the laws of 2010, is amended to read as follows: S 71-4003. General civil penalty. Except as otherwise specifically provided elsewhere in this chapter, a person who violates any provision of this chapter, or any rule, regu- lation or order promulgated pursuant thereto, or the terms or conditions of any permit, CERTIFICATE OR ORDER issued thereunder, shall be liable [to] FOR a civil penalty of not more than one thousand dollars, and an additional civil penalty of not more than one thousand 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 REVOCATION, 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. LBD04804-01-1
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