Assembly Bill A5787

2015-2016 Legislative Session

Relates to the general civil penalty of the environmental conservation law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2015-A5787 (ACTIVE) - Details

See Senate Version of this Bill:
S2427
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5259
2011-2012: A1645, S1971
2013-2014: A183, S585
2017-2018: A8548, S2734
2019-2020: S1285
2021-2022: S1237
2023-2024: S4886

2015-A5787 (ACTIVE) - 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.

2015-A5787 (ACTIVE) - Bill Text download pdf

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

                                  5787

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 4, 2015
                               ___________

Introduced by M. of A. KAVANAGH, COLTON, QUART -- read once and referred
  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.
                                                           LBD03173-01-5


              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.