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.