senate Bill S1971

2011-2012 Legislative Session

Relates to the general civil penalty of the environmental conservation law

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Jan 14, 2011 referred to environmental conservation

S1971 - Bill Details

See Assembly Version of this Bill:
A1645
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in 2009-2010 Legislative Session:
A5259

S1971 - Bill Texts

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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.

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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
specific authority to assess monetary civil penalties and to direct
injunctive relief in redress of violations of such provisions.
However, before passage of ECL §71-4003 providing for a general civil
penalty, there were certain ECL violations for which there was no
stated penalty in law. When the Legislature enacted ECL §71-4003 in
1977 (formerly §71-3903), it provided for the assessment of a
monetary penalty, but not for injunctive relief, for those violations
for which there was no specific penalty provided elsewhere in the
ECL. The Department of Environmental Conservation's experience since
the enactment of ECL §71-4003 has demonstrated the need to revise
such section to include injunctive relief.

The nature of certain ECL violations make injunctive relief a more
appropriate remedy than a monetary penalty. For example, ECL Article
34, relating to Coastal Erosion Hazard Areas, recognizes the need to
regulate activities and development, including erection of erosion
protective structures, within the coastal erosion hazard areas of New
York to minimize damage to property and prevent the exacerbation of
erosion hazards. ECL Article 34 has no specific penalty provisions;
therefore,
violations of such Article are penalized under ECL §71-4003. Pursuant
to ECL §71-4003, the Commissioner may only assess monetary penalties.
However, if a violator has constructed a structure which is
detrimental to a coastal erosion hazard area, it may be more
appropriate to require that the violator remove such structure,
rather than pay a monetary penalty.

In addition, revocation or Suspension of a permit or certificate, or
denial of a renewal application may be a suitable penalty. This would
be especially true where the subject offense involves violation of


the conditions of such permit or certificate. This proposal, in
amending ECL §71-4003, would allow the Commissioner to utilize the
penalty most appropriate to the nature of the violation.

BUDGET IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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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