senate Bill S1285

2019-2020 Legislative Session

Relates to the general civil penalty of the environmental conservation law

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • 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
Jan 08, 2020 referred to environmental conservation
Jan 14, 2019 referred to environmental conservation

Co-Sponsors

S1285 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §71-4003, En Con L
Versions Introduced in Other Legislative Sessions:
2011-2012: S1971
2013-2014: S585
2015-2016: S2427
2017-2018: S2734
2021-2022: S1237

S1285 (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.

S1285 (ACTIVE) - Sponsor Memo

S1285 (ACTIVE) - Bill Text download pdf


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

                                  1285

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 14, 2019
                               ___________

Introduced  by  Sens.  GIANARIS, HOYLMAN, KRUEGER, SERRANO -- 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  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.
                                                           LBD04405-01-9

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