S T A T E O F N E W Y O R K
________________________________________________________________________
6467
2017-2018 Regular Sessions
I N S E N A T E
May 23, 2017
___________
Introduced by Sen. STAVISKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
penalties for violations related to solid waste transportation, facil-
ities and disposal
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 2 and 3 of section 71-2703 of the environ-
mental conservation law, subdivisions 1 and 2 as amended by chapter 508
of the laws of 1995, paragraph a of subdivision 1 as amended by section
25, subparagraphs i and ii of paragraph b of subdivision 1 as amended by
section 26, paragraph a and subparagraphs i and ii of paragraph b of
subdivision 2 as amended by section 27, subparagraphs i and ii of para-
graph c of subdivision 2 as amended by section 28 and subdivision 3 as
amended by section 29 of part C of chapter 62 of the laws of 2003, are
amended to read as follows:
1. Civil and administrative sanctions. a. Any person who violates any
of the provisions of, or who fails to perform any duty imposed by title
3 or 7 of article 27 of this chapter or any rule or regulation promul-
gated pursuant thereto, or any term or condition of any certificate or
permit issued pursuant thereto, or any final determination or order of
the commissioner made pursuant to this title shall be liable for a civil
penalty not to exceed seven thousand five hundred dollars for each such
violation and an additional penalty of not more than one thousand five
hundred dollars for each day during which such violation continues, to
be assessed by the commissioner after an opportunity to be heard pursu-
ant to the provisions of section 71-1709 of this article, or by the
court in any action or proceeding pursuant to section 71-2727 of this
title, and, in addition thereto, such person may by similar process be
enjoined from continuing such violation and any permit or certificate
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11696-01-7
S. 6467 2
issued to such person may be revoked or suspended or a pending renewal
application denied.
b. i. Any person who violates any of the provisions of, or who fails
to perform any duty imposed by, title 3 or 7 of article 27 of this chap-
ter, or any rule or regulation promulgated pursuant thereto, or any term
or condition of any certificate or permit issued pursuant thereto and
thereby causes the release of solid waste into the environment, shall be
liable for a civil penalty not to exceed eleven thousand two hundred
fifty dollars for each such violation and an additional penalty of not
more than eleven thousand two hundred fifty dollars for each day during
which such violation continues, to be assessed by the commissioner after
an opportunity to be heard pursuant to the provisions of section 71-1709
of this article, or by the court in any action or proceeding pursuant to
section 71-2727 of this title, and, in addition thereto, such person may
by similar process 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 denied.
ii. Any person who violates any of the provisions of, or who fails to
perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
or any rule or regulation promulgated pursuant thereto, or any term or
condition of any certificate or permit issued pursuant thereto and
thereby causes the release of more than ten cubic yards of solid waste
into the environment, shall be liable for a civil penalty not to exceed
twenty-two thousand five hundred dollars for each such violation and an
additional penalty of not more than twenty-two thousand five hundred
dollars for each day during which such violation continues, to be
assessed by the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
in addition thereto, such person may by similar process 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
denied.
III. ANY PERSON WHO VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS TO
PERFORM ANY DUTY IMPOSED BY, TITLE 3 OR 7 OF ARTICLE 27 OF THIS CHAPTER,
OR ANY RULE OR REGULATION PROMULGATED PURSUANT THERETO, OR ANY TERM OR
CONDITION OF ANY CERTIFICATE OR PERMIT ISSUED PURSUANT THERETO AND
THEREBY CAUSES THE RELEASE OF MORE THAN TEN CUBIC YARDS OF SOLID WASTE
INTO THE ENVIRONMENT, AFTER A VIOLATION OF THIS SUBDIVISION WITHIN THE
PRECEDING FIVE YEARS, MAY BE ENJOINED FROM CONTINUING SUCH VIOLATION AND
ANY PERMIT OR CERTIFICATE ISSUED TO SUCH PERSON SHALL BE REVOKED OR
SUSPENDED OR A PENDING RENEWAL APPLICATION DENIED.
c. The court in any action or proceeding pursuant to section 71-2727
of this [chapter] TITLE may exercise all powers exercisable by the
commissioner.
2. Criminal sanctions. a. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
title 3 or 7 of article 27 of this chapter, or any rules and regulations
promulgated pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be guilty of a violation
and, upon conviction thereof, shall be punished by a fine of not less
than one thousand five hundred dollars nor more than [fifteen] THIRTY
thousand dollars per day of violation or by imprisonment for not more
than fifteen days or by both such fine and imprisonment.
S. 6467 3
b. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment shall be guilty of a class B
misdemeanor and, upon conviction thereof, shall be punished by a fine of
not less than three thousand seven hundred fifty dollars per day nor
more than [twenty-two thousand five hundred] FORTY-FIVE THOUSAND dollars
per day of violation, or by imprisonment for a term in accordance with
the penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than ten cubic
yards of solid waste into the environment, after having been convicted
of a violation of this subdivision within the preceding five years,
shall be guilty of a class A misdemeanor and, upon conviction thereof,
shall be punished by a fine of not less than [three thousand seven
hundred fifty] SEVENTY-FIVE THOUSAND dollars per day nor more than thir-
ty-seven thousand five hundred dollars per day of violation, or by
imprisonment for a term in accordance with the penal law, or by both
such fine and imprisonment.
c. i. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment shall be guilty of a
class A misdemeanor and, upon conviction thereof, shall be punished by a
fine of not less than [three thousand seven hundred fifty] SEVENTY-FIVE
THOUSAND dollars per day nor more than thirty-seven thousand five
hundred dollars per day of violation, or by imprisonment for a term in
accordance with the penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and
thereby causes or attempts to cause the release of more than seventy
cubic yards of solid waste into the environment, after having been
convicted of a violation of this subdivision within the preceding five
years, shall be guilty of a class E felony and, upon conviction thereof,
shall be punished by a fine of not less than seven thousand five hundred
dollars per day nor more than [seventy-five] ONE HUNDRED FIFTY thousand
dollars per day of violation, or by imprisonment for a term in accord-
ance with the penal law, or by both such fine and imprisonment.
3. Additional sanctions. Any person who violates any of the provisions
of, or who fails to perform any duty imposed by title 3 OR 7 of article
27 OF THIS CHAPTER, with regard to THE TRANSPORTATION OF CONSTRUCTION
AND DEMOLITION DEBRIS OR the construction and operation of facilities
for the disposal of construction and demolition debris or any rule or
regulation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto or any final determination
or order of the commissioner made pursuant to this title shall be liable
for a civil penalty not to exceed fifteen thousand dollars and each day
of such deposition shall constitute a separate violation and said civil
penalty is in addition to any other fines or penalties which may be
applied pursuant to this title.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.