assembly Bill A8548

2017-2018 Legislative Session

Relates to the general civil penalty of the environmental conservation law

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 15, 2017 enacting clause stricken
Jul 10, 2017 referred to environmental conservation

Co-Sponsors

A8548 (ACTIVE) - Details

See Senate Version of this Bill:
S2734
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5259
2011-2012: A1645, S1971
2013-2014: A183, S585
2015-2016: A5787, S2427
2019-2020: S1285
2021-2022: S1237

A8548 (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.

A8548 (ACTIVE) - Bill Text download pdf


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

                                  8548

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                              July 10, 2017
                               ___________

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:
§ 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.
  § 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02512-01-7