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

                                  1908

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. LAVINE,
  SCHIMEL, WEISENBERG -- read once and  referred  to  the  Committee  on
  Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  extending Nassau county's authority to initiate  and  enforce  certain
  actions

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

  Section 1. Subdivision 1  of  section  71-1939  of  the  environmental
conservation law is amended by adding two new paragraphs c and d to read
as follows:
  C.  THE  HEALTH COMMISSIONER OF NASSAU COUNTY IS HEREBY AUTHORIZED AND
EMPOWERED TO BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION  FOR
THE  RECOVERY  OF  ANY PENALTY PROVIDED IN SECTION 71-1929 OF THIS TITLE
AND FOR INJUNCTIVE RELIEF PURSUANT TO SECTION 71-1931 OF THIS TITLE, FOR
ANY VIOLATION OF THE PROVISIONS OF TITLES 1  THROUGH  11  INCLUSIVE  AND
TITLE 19 OF ARTICLE 17 OF THIS CHAPTER, OR FOR THE VIOLATION OF ANY RULE
OR  REGULATION  PROMULGATED  THEREUNDER,  OR  ANY PERMIT, CERTIFICATE OR
ORDER ISSUED THEREUNDER BY ANY PERSON, OCCURRING IN THE COUNTY IN  WHICH
SUCH  HEALTH COMMISSIONER HAS JURISDICTION, EXCEPT NO SUCH ACTION MAY BE
BROUGHT BY SUCH HEALTH COMMISSIONER AGAINST  ANY  PERSON  SUBJECT  TO  A
NATIONAL  POLLUTANT  DISCHARGE  ELIMINATION SYSTEM PERMIT AUTHORIZED AND
APPROVED BY THE UNITED STATES ENVIRONMENTAL PROTECTION  AGENCY  PURSUANT
TO  SECTION  402  OF  THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972 AS
AMENDED (33 U.S.C. 1342), OR AGAINST THE STATE OF NEW YORK,  OR  ANY  OF
ITS  POLITICAL  SUBDIVISIONS,  OR ANY MUNICIPAL AGENCY OR SEWER OR WATER
DISTRICT WITHIN THE COUNTY. SUCH HEALTH COMMISSIONER MAY, IN HIS OR  HER
DISCRETION,  COMPROMISE ANY PENALTY SUED FOR IN SUCH ACTION AT ANY STAGE
THEREOF BEFORE JUDGMENT. EXCEPT FOR AN ACTION FOR INJUNCTIVE RELIEF,  NO
ACTION MAY BE COMMENCED OR MAINTAINED UNDER THIS PARAGRAPH:

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

                                                           LBD01410-01-3

A. 1908                             2

  (1)  PRIOR  TO  NINETY DAYS AFTER NOTICE HAS BEEN GIVEN TO THE COMMIS-
SIONER AND THE ATTORNEY GENERAL THAT THE ACTION WILL BE COMMENCED; OR
  (2)  IF THE COMMISSIONER OR HIS DELEGATE, AT ANY TIME PRIOR TO THE END
OF THE NINETY-DAY PERIOD PRESCRIBED IN SUBPARAGRAPH ONE  OF  THIS  PARA-
GRAPH,  HAS  COMMENCED  AND  IS  ACTIVELY  PROSECUTING AN ADMINISTRATIVE
ENFORCEMENT PROCEEDING COMMENCED PURSUANT TO THIS TITLE WHICH  SEEKS  AN
ORDER  OR  INJUNCTION RELATIVE TO THE VIOLATION WHICH IS ALLEGED TO HAVE
OCCURRED OR TO BE OCCURRING; OR
  (3) IF THE ATTORNEY GENERAL, AT ANY TIME PRIOR TO THE END OF THE NINE-
TY-DAY NOTICE PERIOD PRESCRIBED IN SUBPARAGRAPH ONE OF  THIS  PARAGRAPH,
HAS  COMMENCED  AND IS ACTIVELY PROSECUTING A CIVIL ACTION IN A COURT OF
THE UNITED STATES OR NEW YORK STATE WHICH SEEKS AN ORDER  OR  INJUNCTION
RELATIVE  TO  THE  VIOLATION  WHICH IS ALLEGED TO HAVE OCCURRED OR TO BE
OCCURRING; OR
  (4) IF THE VIOLATION WHICH IS ALLEGED TO HAVE OCCURRED OR TO BE OCCUR-
RING IS THE SUBJECT OF A SETTLEMENT OR DISPOSITION OF AN  ADMINISTRATIVE
ENFORCEMENT PROCEEDING OR CIVIL ACTION COMMENCED PURSUANT TO THIS TITLE.
  NOTICE  PURSUANT  TO  SUBPARAGRAPH ONE OF THIS PARAGRAPH SHALL INCLUDE
INFORMATION AS IS NECESSARY TO IDENTIFY ANY  PERSON  ALLEGED  TO  BE  IN
VIOLATION OF TITLES 1 THROUGH 11 INCLUSIVE AND TITLE 19 OF ARTICLE 17 OF
THIS  CHAPTER,  OR ANY RULE OR REGULATION PROMULGATED THEREUNDER, OR ANY
PERMIT, CERTIFICATE OR ORDER ISSUED  THEREUNDER,  AND  THE  ACTIVITY  OR
CONDITION COMPLAINED OF, AND SHALL FURTHER SUMMARIZE THE EVIDENCE.
  ALL  ENFORCEMENT  ACTIONS  BROUGHT  PURSUANT  TO  THIS PARAGRAPH SHALL
COMPLY IN ALL RESPECTS WITH ANY RULE, REGULATION OR  POLICY  PROMULGATED
OR ISSUED PURSUANT TO THE FEDERAL WATER POLLUTION CONTROL ACT OF 1972 AS
AMENDED (33 USC 1342) AND ARTICLE 17 OF THIS CHAPTER.
  THE  ATTORNEY  GENERAL  IS  HEREBY AUTHORIZED TO INTERVENE IN ANY SUCH
ACTION PURSUANT TO THIS PARAGRAPH IN ORDER TO PROTECT THE  INTERESTS  OF
THE STATE.
  D.  NOTWITHSTANDING  SUBDIVISION  ONE OF SECTION 71-0211 ALL FINES AND
PENALTIES RECEIVED PURSUANT TO PARAGRAPH C OF THIS SUBDIVISION SHALL  BE
DIVIDED AS FOLLOWS:
  (1)  ALL  NECESSARY  AND  REASONABLE  COSTS ACTUALLY INCURRED SHALL BE
RETAINED BY THE COUNTY OF NASSAU.
  (2) TO THE EXTENT AVAILABLE, ANY BALANCE REMAINING SHALL  BE  DISTRIB-
UTED  WITH  ONE-HALF  TO  THE  GENERAL  FUND  TO THE CREDIT OF THE STATE
PURPOSES ACCOUNT AND ONE-HALF TO THE COUNTY OF NASSAU.
  S 2. This act shall take effect immediately and  shall  be  deemed  to
have been in full force and effect on and after October 1, 2011.