S T A T E O F N E W Y O R K
________________________________________________________________________
5667--A
2015-2016 Regular Sessions
I N A S S E M B L Y
March 3, 2015
___________
Introduced by M. of A. HOOPER -- Multi-Sponsored by -- M. of A. LAVINE,
SCHIMEL -- read once and referred to the Committee on Environmental
Conservation -- recommitted to the Committee on Environmental Conser-
vation in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the environmental conservation law, in relation to
extending Nassau county's authority to initiate and enforce certain
actions; and providing for the repeal of such provisions upon expira-
tion thereof
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09237-02-6
A. 5667--A 2
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:
(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 January 1, 2017 and shall expire Octo-
ber 1, 2019 when upon such date the provisions of this act shall be
deemed repealed.