S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7086
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- 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 and the state finance
   law, in relation to the disposition of certain fees and penalties

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  1  and 2 of section 71-0211 of the environ-
 mental conservation law, subdivision 1 as amended by chapter 60  of  the
 laws  of  1993,  subdivision  2 as amended by chapter 460 of the laws of
 1991, are amended to read as follows:
   1. Notwithstanding any other provisions of law to  the  contrary,  all
 fines  and  penalties collected pursuant to title nineteen of this arti-
 cle, except amounts required to  be  paid  into  the  conservation  fund
 pursuant  to  subdivision  two  of  section 71-1929 of such title; title
 twenty-one of this article; title twenty-seven of this  article,  except
 amounts  required  to  be  paid  into  the hazardous waste remedial fund
 pursuant to subdivision two of section 71-2725 of such title; and  title
 forty-one  of  this  article shall be paid into the [general fund to the
 credit of the state purposes account] CONSERVATION FUND TO THE CREDIT OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   2. Unless otherwise provided in this chapter, not later than the tenth
 day of each month, all fines, penalties and  forfeitures  collected  for
 violations  of  this  chapter or rules, regulations, local laws or ordi-
 nances adopted thereunder under judgment of any town or  village  court,
 shall be paid over by such court to the comptroller of the state, with a
 statement  accompanying the same, setting forth the action or proceeding
 in which such moneys were collected,  the  name  and  residence  of  the
 defendant, the nature of the offense, and the fines and penalty imposed.
 The  comptroller  shall  pay  these  funds into the [general fund of the
 state] CONSERVATION FUND TO THE CREDIT OF THE  CONSERVATION  ENFORCEMENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11358-01-3
              

 S. 7086                             2
 
 ACCOUNT  ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE
 OF THE STATE FINANCE LAW.
   §  2.  Section  83 of the state finance law is amended by adding a new
 subdivision (k) to read as follows:
   (K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED  AND  COLLECTED
 PURSUANT  TO  TITLES  NINETEEN,  TWENTY-ONE  AND TWENTY-SEVEN OF ARTICLE
 SEVENTY-ONE OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND  PURSUANT  TO
 SECTION  71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
 AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED  INTO  OTHER  FUNDS,  SHALL  BE
 DEPOSITED  IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
 AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF  SUCH  MONEYS,  REVENUES
 AND  INTEREST  SHALL  BE  AVAILABLE  TO  THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, PURSUANT TO APPROPRIATION,  EXCLUSIVELY  FOR  FUNDING  THE
 ENFORCEMENT  OF  THE  ENVIRONMENTAL CONSERVATION LAWS, INCLUDING FUNDING
 FOR  SCIENTISTS,  ENVIRONMENTAL  LAW  ENFORCEMENT  OFFICERS,  ATTORNEYS,
 ADMINISTRATIVE  SUPPORT,  AND  ANYTHING  ELSE  THE  COMMISSIONER DEEMS A
 NECESSITY FOR ENFORCEMENT OF SUCH LAWS. SUCH  MONEY  SHALL  BE  USED  TO
 SUPPLEMENT  AND  NOT SUPPLANT ANY CURRENT FUNDING CURRENTLY USED FOR THE
 ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW.
   § 3. Subdivision 1 of section 71-0213 of the  environmental  conserva-
 tion law, as added by section 1 of part DDD of chapter 59 of the laws of
 2009, is amended to read as follows:
   1.  Whenever  proceedings  result in a conviction for an offense under
 this chapter there shall be levied, in addition to any sentence required
 or permitted by law, the following  mandatory  surcharges:  (a)  in  the
 amount of twenty-five dollars for violations of sportfishing regulations
 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
 HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
 chapter  provided, however, that convictions for offenses under articles
 seventeen, nineteen or twenty-seven of this chapter shall be subject  to
 a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
 HUNDRED  TWELVE  DOLLARS  AND  FIFTY  CENTS or [six] NINE percent of any
 penalty or fine imposed.  The mandatory surcharge shall be paid  to  the
 clerk of the court who shall remit such mandatory surcharge to the state
 comptroller  provided,  however,  that in cases where the conviction was
 rendered by a town or a village justice court, the clerk of  such  court
 shall  pay  twenty-five  dollars  of  such surcharge to the chief fiscal
 officer of the town or village in the case of surcharges resulting  from
 paragraph  (b)  of  this  subdivision  and  ten  dollars  in the case of
 surcharges resulting from paragraph (a) of this  subdivision  and  shall
 pay  the  remaining  amounts  of  such mandatory surcharges to the state
 comptroller in the same manner as provided in section  71-0211  of  this
 article.  The  comptroller shall pay such monies into the state treasury
 to the [credit of the general fund] CONSERVATION FUND TO THE  CREDIT  OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 4. Section 71-0301 of the environmental conservation law, as amended
 by chapter 400 of the law of 1973, is amended to read as follows:
 § 71-0301. Summary abatement.
   Notwithstanding  any  inconsistent  provisions  of  law,  whenever the
 commissioner finds, after investigation, that  any  person  is  causing,
 engaging  in  or maintaining a condition or activity which, in his judg-
 ment, presents an imminent danger to the health or welfare of the people
 of the state or results in or is likely to  result  in  irreversible  or
 irreparable  damage  to natural resources, and relates to the prevention
 and abatement powers of the commissioner and it therefore appears to  be
 S. 7086                             3
 
 prejudicial  to the interests of the people of the state to delay action
 until an opportunity for a hearing can  be  provided,  the  commissioner
 may,  without  prior  hearing,  order  such person by notice, in writing
 wherever  practicable  or  in  such  other form as in the commissioner's
 judgment will reasonably notify such person whose practices are intended
 to be proscribed, to discontinue, abate or alleviate such  condition  or
 activity, and thereupon such person shall immediately discontinue, abate
 or  alleviate such condition or activity. As promptly as possible there-
 after, not to exceed fifteen days, the commissioner  shall  provide  the
 person  an opportunity to be heard and to present proof that such condi-
 tion or activity does not violate the provisions of this section.    The
 commissioner  shall  adopt  any  other appropriate rules and regulations
 prescribing the procedure to be followed in the issuance of such orders.
 Any person who violates any of  the  provisions  of,  or  who  fails  to
 perform  any  duty  imposed  by this section, or any rule, regulation or
 order promulgated by the commissioner hereunder, shall be  liable  to  a
 civil  penalty  of  not  more  than [twenty-five hundred] THREE THOUSAND
 SEVEN HUNDRED FIFTY dollars for each such violation  and  an  additional
 penalty of not more than [five] SEVEN hundred FIFTY dollars for each day
 during  which  such  violation continues, and, in addition thereto, such
 person may be enjoined from continuing  such  violation.  Penalties  and
 injunctive  relief  provided  herein  shall  be recoverable in an action
 brought by the attorney general at the request and in the  name  of  the
 commissioner.
   §  5.  Subdivisions  3  and  4 of section 71-0507 of the environmental
 conservation law, subdivision 3 as amended by chapter 400 of the laws of
 1973, are amended to read as follows:
   3. Moneys received by a town justice  or  a  village  justice  in  any
 action for a penalty brought under the provisions of this chapter listed
 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
 the  settlement  or compromise thereof, or a fine for a violation of the
 provisions of this chapter  listed  in  section  71-0501  and  titles  5
 through  15  inclusive and title 33 of this article shall be paid to the
 State Comptroller as provided in section 27 of the Town Law and  section
 4-410  of  the village law. From the moneys so received, the State Comp-
 troller shall pay all lawful fees for services rendered in such  actions
 when  instituted  by  order  of  the department or upon information of a
 conservation officer, regional and assistant regional conservation offi-
 cer, special game protector, district ranger, forest ranger,  or  member
 of  the  state police. The balance of such moneys arising from penalties
 under articles 11 or 13 or title 9 of this article or upon  the  settle-
 ment  or  compromise  thereof or from fines for violations of any of the
 provisions of articles 11 or 13 or title 9 of  this  article  after  the
 payment  of  lawful  fees  shall  be  credited by the Comptroller to the
 conservation fund. The Comptroller shall adjust and settle  his  account
 with the conservation fund in the manner provided by section 99-a of the
 State Finance Law. The balance of all other such moneys after payment of
 lawful  fees  shall be credited by the Comptroller to the [general fund]
 CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT  ACCOUNT
 ESTABLISHED  PURSUANT  TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE
 STATE FINANCE LAW.
   4. All moneys received by any other person or court in an action for a
 penalty brought under the provisions of this chapter listed  in  section
 71-0501  and  titles 5 through 15 inclusive and title 33 of this article
 or upon the settlement or compromise thereof, or a fine for a  violation
 of the provisions of this chapter listed in section 71-0501 and titles 5
 S. 7086                             4
 
 through 15 inclusive and title 33 of this article, shall be paid by such
 person or court to the department within thirty days after receipt ther-
 eof.  The department shall pay the expenses of collection and the lawful
 fees  of  magistrates  and constables for services performed in criminal
 actions brought upon information of a conservation officer, regional and
 assistant  regional  conservation  officer,  special   game   protector,
 district  ranger,  forest  ranger,  or  member of the state police. Such
 moneys derived from fines or penalties for violations of articles 11  or
 13 or title 9 of this article or from the settlement or compromise ther-
 eof  shall be paid by the department to the Commissioner of Taxation and
 Finance and credited to the  conservation  fund.  All  other  moneys  so
 received by the department shall be paid to the Commissioner of Taxation
 and  Finance and credited to the [general fund] CONSERVATION FUND TO THE
 CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED  PURSUANT  TO
 SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
 mental  conservation  law, subdivisions 1, 2 and 6 as amended by chapter
 602 of the laws of 2003, subdivision 9 as added by chapter  267  of  the
 laws  of  2012 and subdivision 10 as added by chapter 330 of the laws of
 2014, are amended to read as follows:
   1. Except as otherwise provided in subdivision 4, 5, 6 or  7  of  this
 section,  any  person  who  violates  any  provision of article 9 or the
 rules, regulations or orders promulgated pursuant thereto or  the  terms
 of  any  permit  issued  thereunder,  or  who  fails to perform any duty
 imposed by any provision thereof shall be guilty of  a  violation,  and,
 upon  conviction,  shall  be  punished  by  a fine of not more than [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars,  or  by  imprisonment
 for  not  more than fifteen days, or by both such fine and imprisonment,
 and in addition thereto shall be liable to a civil penalty of  not  less
 than ten nor more than one hundred FIFTY dollars.
   2.  The  violation  of any of the provisions of the following sections
 shall subject the person guilty thereof to the following civil penalties
 in addition to  the  liability  prescribed  in  subdivision  1  of  this
 section:
   a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
   b.  Subdivision  3  of  section  9-1105 of this chapter, [twenty-five]
 THIRTY-SEVEN dollars AND FIFTY CENTS per day;
   c. Subdivision 4 of section 9-1105 of this chapter, and subdivision  1
 of  section  9-1117  of this chapter, [ten] FIFTEEN dollars per mile per
 day;
   d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
   e. Subdivision 2 of section 9-1117 of this chapter, one hundred  FIFTY
 dollars per each offense; and
   f.  Section  9-1119 of this chapter, one hundred FIFTY dollars per day
 per locomotive.
   With respect to the penalty for violation of subdivision 4 of  section
 9-1105  of  this  chapter,  the  owner  and every person engaged in such
 cutting shall be liable therefor; however,  the  liability  for  penalty
 shall  not  arise  until  the  expiration  of twenty days after service,
 personally or by mail upon the alleged violator at his last known  place
 of  residence of a written notice of failure to comply with the require-
 ments of subdivision 4 of section 9-1105 of this chapter.
   6. (a) In addition to any other penalty provided by  law,  any  person
 who  violates  subdivision  1 of section 9-0303 of this chapter shall be
 liable to a civil penalty of [two hundred fifty] THREE HUNDRED  SEVENTY-
 FIVE  dollars per tree or treble damages, based on the stumpage value of
 S. 7086                             5
 
 such tree or both. Where the order or decision finds that the  defendant
 established  by  clear and convincing evidence, that when such defendant
 committed the violation, he or she had cause to believe  that  the  land
 was  his  or  her own, or that he or she had an easement or right of way
 across such land which permitted such action, damages shall  be  awarded
 on  the  basis of the stumpage value of such tree or trees in the market
 as if they were privately owned.  Notwithstanding  the  foregoing,  this
 section  shall  not  be  construed to authorize the cutting of timber or
 removal of trees where such action would otherwise be violative  of  any
 provision of the state constitution or law.
   (b)  In  addition  to  any other penalty provided by law, a person who
 violates section 9-1501 of this chapter shall  be  liable  for  a  civil
 penalty  of  [two  hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
 tree or treble damages or both, based on the stumpage value of such tree
 or trees. Where the order or decision finds that  the  defendant  estab-
 lished  by  clear  and  convincing  evidence,  that  when such defendant
 committed the violation, he or she had cause to believe  that  the  land
 was  his  or  her  own or that he or she had an easement or right of way
 across such land which permitted such action, damages shall  be  awarded
 on  the basis of the stumpage value of such tree or trees. Notwithstand-
 ing the foregoing, this section shall not be construed to authorize  the
 cutting  of timber or removal of trees where such action would otherwise
 be violative of any provision of the state constitution or law.
   (c) For purposes of this subdivision, "stumpage value" shall mean  the
 current  fair  market  value of a tree as it stands prior to the time of
 sale, cutting, or removal. Stumpage value shall be determined by one  or
 more  of  the following methods: the sale price of the tree in an arm's-
 length sale, a review of  solicited  bids,  the  stumpage  price  report
 prepared  by  the  department  of environmental conservation, comparison
 with like sales on trees on state or private lands, or other appropriate
 means to assure that a  fair  market  value  is  established  within  an
 acceptable range based on the appropriate geographic area.
   9. a. Any person who transports, sells, imports or introduces invasive
 species, in violation of the regulations promulgated pursuant to section
 9-1709 of this chapter shall be subject to the following:
   For  any  first  violation  in lieu of a penalty there may be issued a
 written warning by the department and there may also be issued education
 materials at the discretion of  the  department  regarding  requirements
 related  to invasive species. Such person shall, however, for any subse-
 quent violation thereafter be subject to a fine of  no  less  than  [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
   b.  Any  nursery  grower  licensed pursuant to article fourteen of the
 agriculture and markets law, any person who owns or  operates  a  public
 vessel  as  such  term is defined in paragraph (a) of subdivision six of
 section two of the navigation law, or any person who owns or operates  a
 commercial  fishing  vessel who transports, sells, imports or introduces
 invasive species in violation of the regulations promulgated pursuant to
 section 9-1709 of this chapter, shall be subject to a fine of  not  less
 than  [six] NINE hundred dollars upon the first penalty. Upon the second
 penalty such person shall be subject to a fine of not  less  than  [two]
 THREE thousand dollars. Upon a subsequent penalty and after a hearing or
 opportunity  to  be  heard  upon  due notice the following penalties may
 apply: (i) such nursery grower may be subject to the  revocation  proce-
 dures  of  section  one  hundred  sixty-three-c  of  the agriculture and
 markets law (ii) such person's vessel registration may be  suspended  or
 (iii) such person's fishing permit may be revoked by the department.
 S. 7086                             6
 
   10.  Any  person  who violates section 9-1710 of this chapter shall be
 guilty of a violation and shall be punishable  and  liable  to  a  civil
 penalty as provided in subdivision one of this section, provided, howev-
 er,  that  for  any  first violation in lieu of a penalty there shall be
 issued  a  written  warning  by  the  department and there shall also be
 issued education materials at the discretion of the department regarding
 requirements related to invasive species. Such person shall  be  subject
 to a fine of up to [one hundred fifty]  TWO HUNDRED SEVENTY-FIVE dollars
 for  a  second offense, up to [two hundred fifty] THREE HUNDRED SEVENTY-
 FIVE dollars for a third offense, and no less than [two  hundred  fifty]
 THREE  HUNDRED  SEVENTY-FIVE  dollars  nor more than [one thousand] FIVE
 HUNDRED dollars for a fourth or subsequent offense.
   § 7. Section 71-0707 of the environmental conservation law is  amended
 to read as follows:
 § 71-0707. Resisting or obstructing departmental agent or employee.
   Any person who resists or obstructs an authorized agent or employee of
 the  department  while  he  is  engaged in carrying out any provision of
 section 9-0305 shall be guilty of a violation which shall be  punishable
 by  a  fine not exceeding one hundred FIFTY dollars and by an additional
 fine of not exceeding [twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS
 for each additional day of such resistance or obstruction.
   § 8. Section 71-0709 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0709. Injury to state lands.
   Any person who intentionally or negligently causes a fire which  burns
 on  or  over state lands shall be liable to the state for treble damages
 and, in addition, to a civil penalty of [ten] FIFTEEN dollars for  every
 tree killed or destroyed by such fire. Damages to state lands and timber
 shall be ascertained and determined at the same rate of value as if such
 property were privately owned.
   § 9. Section 71-0711 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0711. Injury to municipal or private lands.
   Any person who causes a fire which burns on or over lands belonging to
 another person or to a municipality shall be liable to the party injured
 (a) for actual damages in case of fire negligently caused or (b) for the
 higher  of actual damages or damages at the rate of [five] SEVEN dollars
 AND FIFTY CENTS for each tree  killed  or  destroyed  in  case  of  fire
 wilfully caused.
   §  10.  Section  71-1105  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-1105. Enforcement of subdivision 4 of section 15-0313.
   Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
 violation, punishable by a fine of not more than  [one  thousand  eight]
 TWO  THOUSAND SEVEN hundred dollars, and in addition thereto, by a civil
 penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
 dollars.
   § 11. Section  71-1107  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1107. Punishment for violations of title 5 of article 15.
   1. A violation of section 15-0501, 15-0503 or 15-0505,  shall  consti-
 tute  a misdemeanor, punishable by a fine of not to exceed [ten] FIFTEEN
 thousand dollars, or by imprisonment not to exceed one year or  by  both
 S. 7086                             7

 such  fine and imprisonment and, in addition thereto, by a civil penalty
 of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   2.  A subcontractor, employee or agent of such person or public corpo-
 ration, or of a state department who knowingly and  intentionally  acts,
 or  a  prime  contractor  of  such  person,  public corporation or state
 department who  acts  with  or  without  an  intention  to  violate  the
 provisions  of  title  5  of  article 15, in disregard of specifications
 provided in a construction contract protecting  against  stream  damage,
 shall  be  guilty  of  a violation punishable by a fine of not less than
 [twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more  than  [two
 hundred  fifty]  THREE  HUNDRED SEVENTY-FIVE dollars, or by imprisonment
 for not more than fifteen days, or by both such fine  and  imprisonment,
 and,  in  addition,  thereto,  by a civil penalty of not more than [five
 thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   § 12. Section  71-1109  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
   1. Any owner violating subdivision 1 of section 15-0507 or  any  regu-
 lations  promulgated pursuant thereto may be liable for a penalty not to
 exceed [five] SEVEN hundred FIFTY dollars for each  and  every  offense;
 every  violation  of  such  subdivision shall be a separate and distinct
 offense; and in case of a continuing violation, every day's  continuance
 thereof shall be deemed a separate and distinct offense.
   2.  Any owner violating subdivision 4 of section 15-0507 may be liable
 for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE  HUNDRED
 dollars for each and every offense; every violation of an order referred
 to  in such subdivision shall be a separate and distinct offense; and in
 case of a continuing violation, every day's continuance thereof shall be
 deemed a separate and distinct offense.
   § 13. Section  71-1111  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1111. Enforcement of subdivision 3 of section 15-0511.
   Any person or local public  corporation  violating  subdivision  3  of
 section  15-0511  may  be liable for a penalty not to exceed [five thou-
 sand] SEVEN THOUSAND FIVE HUNDRED dollars for each  and  every  offense;
 every  violation  of an order referred to in such subdivision shall be a
 separate and distinct offense; and in case of  a  continuing  violation,
 every  day's continuance thereof shall be deemed a separate and distinct
 offense.
   § 14. Subdivision 2 of section 71-1113 of the environmental  conserva-
 tion  law,  as  added  by chapter 356 of the laws of 1985, is amended to
 read as follows:
   2. Any person who violates the provisions of section 15-1506  of  this
 chapter  or  the  rules,  regulations,  orders  or determinations of the
 commissioner promulgated thereto or the terms of any permit issued ther-
 eunder, shall be liable for a civil penalty not less than  [twenty-five]
 THREE  THOUSAND  SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
 thousand dollars per day of such violation.
   § 15. Section  71-1115  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1115. Enforcement of section 15-1525.
   Any person violating the provisions of section 15-1525 shall be guilty
 of a violation punishable by a fine of not more than one  thousand  FIVE
 S. 7086                             8
 
 HUNDRED  dollars,  and  in addition thereto, shall be liable for a civil
 penalty of not more than [fifteen  hundred]  TWO  THOUSAND  TWO  HUNDRED
 FIFTY dollars.
   §  16.  Subdivisions  1  and 2 of section 71-1117 of the environmental
 conservation law, as amended by chapter 640 of  the  laws  of  1977,  is
 amended to read as follows:
   1. Any person or public corporation violating subdivision 1 of section
 15-1745, shall be guilty of a violation punishable by a fine of not more
 than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   2.  In  addition, the department may, in an action instituted by it in
 any court of competent jurisdiction, recover from  any  such  person  or
 public  corporation  the  sum of [one hundred fifty] TWO HUNDRED TWENTY-
 FIVE dollars per day for each day that such person or public corporation
 continues to take, draw, divert or make use of any part  or  portion  of
 such waters.
   §  17.  Section  71-1121  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1121. Enforcement of subdivision 2 of section 15-1947.
   Violation  of  subdivision  2  of  section  15-1947 shall constitute a
 violation, punishable by a fine of  not  more  than  one  thousand  FIVE
 HUNDRED  dollars,  and  in addition thereto, a civil penalty of not more
 than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
   § 18. Section  71-1123  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1123. Enforcement of section 15-2133.
   1. Any neglect of the provisions of section 15-2133 by any officer  or
 person  in  charge of any reservoir shall be a violation punishable by a
 fine of not more than one thousand FIVE HUNDRED dollars, and in addition
 thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
 SAND TWO HUNDRED FIFTY dollars.
   2. Any person violating the provisions of  subdivision  3  of  section
 15-2133  shall be guilty of a violation punishable by a fine of not more
 than one thousand FIVE HUNDRED dollars, and in addition  thereto,  shall
 be  liable  for  a  civil penalty of not more than [fifteen hundred] TWO
 THOUSAND TWO HUNDRED FIFTY dollars.
   § 19. Section  71-1125  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1125. Enforcement of section 15-2315.
   Any person who violates  the  provisions  of  the  first  sentence  of
 section  15-2315  shall be guilty of a violation punishable by a fine of
 not more than one thousand FIVE HUNDRED dollars, and in addition  there-
 to,  shall  be  liable  for  a  civil  penalty of not more than [fifteen
 hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
   § 20. Subdivision 1 of section 71-1127 of the environmental  conserva-
 tion  law,  as amended by chapter 401 of the laws of 2011, is amended to
 read as follows:
   1. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by article 15 except section 15-1713, or who
 violates or who fails to comply with any rule, regulation, determination
 or order of the department heretofore or hereafter promulgated  pursuant
 to  article  15  except  section  15-1713,  or any condition of a permit
 issued pursuant to article 15 of this chapter, or any  determination  or
 order of the former water resources commission or the department hereto-
 S. 7086                             9
 
 fore  promulgated  pursuant to former article 5 of the Conservation Law,
 shall be liable for a civil penalty of not more than [two thousand five]
 THREE THOUSAND SEVEN hundred FIFTY dollars for  such  violation  and  an
 additional  civil  penalty  of  not more than [five] SEVEN hundred FIFTY
 dollars for each day during which  such  violation  continues,  and,  in
 addition  thereto,  such  person  may  be  enjoined from continuing such
 violation as otherwise provided in article 15 except section 15-1713.
   § 21. Section 71-1131 of the environmental conservation law, as  added
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-1131. Violations; criminal liability.
   Except as otherwise specifically provided, any person who violates any
 of the provisions of article 15 of this chapter, or any rule, regulation
 or order promulgated pursuant thereto, or the terms of any permit issued
 thereunder  shall  be  guilty of a violation punishable by a fine of not
 more than [five] SEVEN hundred FIFTY dollars.
   § 22. Section 71-1203 of the environmental conservation law, as  added
 by chapter 384 of the laws of 1983, is amended to read as follows:
 § 71-1203. Penalties.
   Any  person  who violates the provisions of article twenty-two of this
 chapter shall be subject to a civil penalty not to exceed [ten]  FIFTEEN
 thousand  dollars  for  each  day  during which such violation occurred;
 provided, however, that the total penalty to be imposed shall not exceed
 one million FIVE HUNDRED THOUSAND dollars.
   § 23. Subdivisions 1 and 3 of section  71-1307  of  the  environmental
 conservation  law,  as  amended  by  chapter 99 of the laws of 2010, are
 amended to read as follows:
   1. Administrative sanctions. Any person who violates any provision  of
 article  23  of this chapter or commits any offense described in section
 71-1305 of this title shall be liable to the people of the state  for  a
 civil penalty not to exceed [eight] TWELVE thousand dollars and an addi-
 tional penalty of [two] THREE thousand dollars for each day during which
 such  violation  continues,  to  be assessed by the commissioner after a
 hearing or opportunity to be heard.  The  commissioner,  acting  by  the
 attorney  general,  may bring suit for collection of such assessed civil
 penalty in any court of competent jurisdiction. Such civil  penalty  may
 be  released  or  compromised  by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.  In addition, the commissioner shall have the power, following a
 hearing conducted pursuant to  rules  and  regulations  adopted  by  the
 department,  to  direct  the violator to cease the violation and reclaim
 and repair the affected site to a condition acceptable  to  the  commis-
 sioner,  to  the  extent possible within a reasonable time and under the
 direction and supervision of the commissioner. Any  such  order  of  the
 commissioner  shall  be enforceable in any action brought by the commis-
 sioner in any court of competent  jurisdiction.  Any  civil  penalty  or
 order issued by the commissioner under this subdivision shall be review-
 able  in  a proceeding under article seventy-eight of the civil practice
 law and rules.
   3. Criminal sanctions. Any person who,  having  any  of  the  culpable
 mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
 violates any provision of article 23 of  this  chapter  or  commits  any
 offense  described in section 71-1305 of this title shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
 S. 7086                            10
 
 not  to  exceed  one  thousand  dollars  for  each day during which such
 violation continues or by imprisonment for a term of not more  than  one
 year,  or by both such fine and imprisonment. If the conviction is for a
 subsequent  offense  committed  after  a first conviction of such person
 under this subdivision, punishment shall be by  a  fine  not  to  exceed
 [eight] TWELVE thousand dollars for each day during which such violation
 continues or by imprisonment for a term of not more than one year, or by
 both such fine and imprisonment.
   §  24. Subdivision 1 of section 71-1707 of the environmental conserva-
 tion law is amended to read as follows:
   1. Any person  who  violates,  disobeys  or  disregards  any  term  or
 provision  of  this  chapter  listed in section 71-1701, or of titles 17
 through 21 inclusive of this article or of any lawful notice,  order  or
 regulation  pursuant  thereto for which a civil penalty is not otherwise
 expressly prescribed by law, shall be liable to the people of the  state
 for  a  civil penalty of not to exceed one thousand FIVE HUNDRED dollars
 for every such violation.
   § 25. Section 71-1711 of the environmental conservation law is amended
 to read as follows:
 § 71-1711. Willful violation of health laws.
   1. A person who willfully violates or refuses or omits to comply  with
 any  lawful  order or regulation prescribed by any local board of health
 or local health officer, is guilty of a  misdemeanor;  except,  however,
 that  where such order or regulation applies to a tenant with respect to
 his own dwelling unit or to an owner occupied one or two  family  dwell-
 ing, such person is guilty of an offense for the first violation punish-
 able  by  a  fine  not  to exceed [fifty] SEVENTY-FIVE dollars and for a
 second or subsequent violation is guilty of a misdemeanor punishable  by
 a  fine not to exceed [five] SEVEN hundred FIFTY dollars or by imprison-
 ment not to exceed six months or by both such fine and imprisonment.
   2. A person who willfully violates any provision of this chapter list-
 ed in section 71-1701, or of titles 17  through  21  inclusive  of  this
 article,  or  any  regulation lawfully made or established by any public
 officer or board under authority of such provisions, the punishment  for
 violating  which  is  not otherwise prescribed by such provisions or any
 other law, is punishable by imprisonment not exceeding one year, or by a
 fine not exceeding [two] THREE thousand dollars or by both.
   § 26. Section  71-1725  of  the  environmental  conservation  law,  as
 amended  by  chapter  400  of  the  laws  of 1973, is amended to read as
 follows:
 § 71-1725. Assessment of Penalties.
   The commissioner may assess any penalty prescribed for a violation  of
 or  a  failure  to  comply with any provision contained in this title or
 listed in section 71-1701, or any lawful  notice,  order  or  regulation
 prescribed  by  the  commissioner under any such provision, one thousand
 FIVE HUNDRED dollars for every such violation or failure, which  penalty
 may be assessed after a hearing or an opportunity to be heard.
   § 27. Section 71-1905 of the environmental conservation law is amended
 to read as follows:
 § 71-1905. Enforcement of section 17-1705.
   Any person violating any provision of section 17-1705 shall forfeit to
 the  county where the violation occurred the sum of [fifty] SEVENTY-FIVE
 dollars for every such violation.
   § 28. Subdivision 1 of section 71-1907 of the environmental  conserva-
 tion law is amended to read as follows:
 S. 7086                            11
 
   1.  Every  person  violating  any  provision  of section 17-1707 shall
 forfeit to the municipality having a local board  of  health  where  the
 violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
 CENTS  for  the first day when the violation takes place, and the sum of
 [ten]  FIFTEEN  dollars  for every subsequent day that such violation is
 repeated or continued.
   § 29. Subdivision 2 of section 71-1909 of the environmental  conserva-
 tion  law,  as amended by section 35 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   2. Any person violating any provision  of  section  17-1709  shall  be
 guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
 [seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
 imprisonment for not more than one year or by both such fine and  impri-
 sonment.
   §  30.  Section  71-1911  of  the  environmental  conservation law, as
 amended by section 36 of part C of chapter 62 of the laws  of  2003,  is
 amended to read as follows:
 §  71-1911. Enforcement of section 17-1711.
   Any  person violating any provision of section 17-1711 shall be guilty
 of an offense, and punishable by a fine of not more than  [seventy-five]
 ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
   §  31. Subdivision 2 of section 71-1913 of the environmental conserva-
 tion law is amended to read as follows:
   2. Any person violating any provision  of  section  17-1713  shall  be
 guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
 [five] SEVEN hundred FIFTY dollars or by imprisonment for not more  than
 one year or by both such fine and imprisonment.
   §  32. Subdivision 1 of section 71-1915 of the environmental conserva-
 tion law is amended to read as follows:
   1. Any person violating any provision  of  section  17-1715  shall  be
 guilty  of  a  misdemeanor,  and  punishable  by a fine of not more than
 [five] SEVEN hundred FIFTY dollars or by imprisonment for not more  than
 one year or by both such fine and imprisonment.
   §  33. Subdivision 1 of section 71-1921 of the environmental conserva-
 tion law is amended to read as follows:
   1. Any person putting in or constructing  or  maintaining  a  conduit,
 discharge  pipe  or  other means of discharging or casting any refuse or
 waste matter in violation of section 17-1729 shall forfeit to the people
 of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
 same is used or maintained for such  purpose,  to  be  collected  in  an
 action brought by the commissioner.
   §  34. Subdivision 1 of section 71-1929 of the environmental conserva-
 tion law, as amended by section 37 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   1.  A  person  who  violates any of the provisions of, or who fails to
 perform any duty imposed by titles 1 through 11 inclusive and  title  19
 of  article  17,  or the rules, regulations, orders or determinations of
 the commissioner promulgated thereto or the terms of any  permit  issued
 thereunder,  shall be liable to a penalty of not to exceed [thirty-seven
 thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars  per
 day  for  each  violation,  and, in addition thereto, such person may be
 enjoined  from  continuing  such  violation  as  hereinafter   provided.
 Violation  of a permit condition shall constitute grounds for revocation
 of such permit, which revocation may be accomplished either as  provided
 in  paragraph f of subdivision 4 of section 17-0303 or by order of judg-
 S. 7086                            12
 
 ment of the supreme court as an alternate or additional civil penalty in
 an action brought pursuant to subdivision 3 of this section.
   § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
 of  subdivision  8  of section 71-1933 of the environmental conservation
 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
 and iv of paragraph b of subdivision 8 as amended by section 39 of  part
 C of chapter 62 of the laws of 2003, are amended to read as follows:
   1. 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
 titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
 regulations,  orders  or  determinations of the commissioner promulgated
 thereto, or the terms of any permit issued thereunder, shall  be  guilty
 of  a  misdemeanor  and, upon conviction thereof, shall be punished by a
 fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
 SIX HUNDRED TWENTY-FIVE dollars nor  more  than  [thirty-seven  thousand
 five  hundred]  FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of
 violation or by imprisonment for a term of not more than one year, or by
 both such fine and imprisonment. If the conviction  is  for  an  offense
 committed  after  a  first conviction of such person under this subdivi-
 sion, punishment shall be by a fine of not more than [seventy-five thou-
 sand] ONE HUNDRED TWELVE  THOUSAND  FIVE  HUNDRED  dollars  per  day  of
 violation, or by imprisonment for not more than two years, or by both.
   i.  [$750,000]  $1,125,000 for a class C felony committed by an organ-
 ization as defined in section 71-1932 of this title;
   ii. [$375,000] $562,500 for a class C felony;
   iii. [$75,000] $112,500 per day of continuing violation for a class  E
 felony  defined  under  subdivision four of this section but in no event
 less than [$7,500] $11,250; and [$15,000] $22,500 for a class  E  felony
 defined under subdivision seven of this section;
   iv.  [$37,500]  $56,250  per day of continuing violation for a class A
 misdemeanor but in no event less than [$3,750] $5,625.
   § 36. Paragraph b of subdivision 3 of section 71-1939 of the  environ-
 mental conservation law, as added by chapter 543 of the laws of 2010, is
 amended to read as follows:
   b.  All  fines  and  penalties  collected pursuant to this subdivision
 shall be paid to the district or county, provided,  however,  that  one-
 quarter  of  such  fines  and  penalties  received  shall be paid to the
 [general fund to the credit of the state purposes account]  CONSERVATION
 FUND  TO  THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
 PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
 LAW.
   § 37. Subdivision 1 of section 71-1941 of the environmental  conserva-
 tion  law,  as amended by section 40 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   1. Except where the owner of or a person  in  actual  or  constructive
 possession  or control of more than one thousand one hundred gallons, in
 bulk, of any liquid including petroleum which,  if  released,  would  or
 would  be  likely  to pollute the lands or waters of the state including
 the groundwaters thereof can prove that the entry  or  presence  of  any
 part of such liquid onto such lands or into or in such waters causing or
 contributing  to  a  condition therein in contravention of the standards
 adopted or deemed adopted by the water pollution control board or any of
 its legal successors was caused solely by (A) an act of God, (B) an  act
 of  war,  (C)  negligence  on  the part of the United States or New York
 State Government or (D) an act or omission  of  a  third  party  without
 regard  to whether any such act or omission was or was not negligent, or
 S. 7086                            13
 
 any combination of the foregoing clauses, such owner or person shall  be
 liable  for  a  penalty  of  not more than [three thousand seven hundred
 fifty] FIVE THOUSAND SIX HUNDRED  TWENTY-FIVE  dollars  for  an  initial
 incident resulting in or contributing to such a contravention and for an
 additional  penalty not to exceed [seven hundred fifty] ONE THOUSAND ONE
 HUNDRED TWENTY-FIVE dollars for each day during which such contravention
 or contribution thereto continues, and in addition shall  be  liable  to
 the  people of the state of New York for the actual costs incurred by or
 on behalf of the people of the state for the removal  or  neutralization
 of  such  liquid  and  for  any  and  all  reasonable  measures taken or
 attempted to reduce, limit or diminish the  extent  or  effect  of  such
 contravention.
   §  38.  Section  71-1943  of  the  environmental  conservation law, as
 amended by section 41 of part C of chapter 62 of the laws  of  2003,  is
 amended to read as follows:
 § 71-1943. Enforcement of section 17-1743.
   Any  person  who  fails  to  so notify the department of such release,
 discharge or spill into the waters of the state as described in  section
 17-1743  of  this chapter shall, upon conviction, be fined not more than
 [three thousand seven hundred fifty] FIVE THOUSAND SIX  HUNDRED  TWENTY-
 FIVE dollars or imprisoned for not more than one year, or both.
   §  39. Section 71-1945 of the environmental conservation law, as added
 by chapter 205 of the laws of 2010, is amended to read as follows:
 § 71-1945. Enforcement of title 21 of article 17.
   1. Except as otherwise  provided  in  this  section,  any  person  who
 violates  any provision of title 21 of article 17 of this chapter or any
 rule, regulation or order issued  thereunder  shall  be  liable  to  the
 people  of  the  state  for  a  civil penalty not to exceed [five] SEVEN
 hundred FIFTY dollars for a first violation, and not to exceed one thou-
 sand FIVE HUNDRED dollars for each subsequent violation, to be  assessed
 by the commissioner after a hearing or opportunity to be heard.
   2. Any owner or owner's agent, or occupant of a household who violates
 any  provision  of  title  21 of article 17 of this chapter or any rule,
 regulation or order issued thereunder shall, for a  first  violation  be
 issued  a  written warning and be provided educational materials. Upon a
 second violation, the owner or owner's agent, or occupant of a household
 shall be liable to the people of the state for a civil  penalty  not  to
 exceed  one  hundred  FIFTY  dollars,  and for any subsequent violations
 shall be liable to the people of the state for a civil  penalty  not  to
 exceed  [two  hundred fifty] THREE HUNDRED TWENTY-FIVE dollars. No owner
 or owner's agent of a household shall be held liable for  any  violation
 by an occupant. Such penalties may be assessed by the commissioner after
 a hearing or opportunity to be heard.
   §  40. Subdivision 1 of section 71-2103 of the environmental conserva-
 tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
 read as follows:
   1.  Except as provided in section 71-2113, any person who violates any
 provision of article nineteen or any code, rule or regulation which  was
 promulgated  pursuant  thereto;  or  any order except an order directing
 such person to pay a penalty by a specified date issued by  the  commis-
 sioner  pursuant  thereto,  shall  be  liable,  in  the  case of a first
 violation, for a penalty  not  less  than  [five]  SEVEN  hundred  FIFTY
 dollars  nor more than [eighteen] TWENTY-SEVEN thousand dollars for said
 violation and an additional penalty of not to exceed [fifteen  thousand]
 TWENTY  THOUSAND  FIVE  HUNDRED  dollars  for each day during which such
 violation continues. In the case of a second or any  further  violation,
 S. 7086                            14
 
 the  liability shall be for a penalty not to exceed [twenty-six] THIRTY-
 NINE thousand dollars for said violation and an additional  penalty  not
 to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues. In addition thereto, such person may be  enjoined  from  continuing
 such violation as hereinafter provided.
   §  41. Subdivision 1 of section 71-2105 of the environmental conserva-
 tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
 read as follows:
   1. Except as provided in section 71-2113, any person who shall wilful-
 ly  violate  any  of  the  provisions of article 19 or any code, rule or
 regulation promulgated pursuant thereto or any  final  determination  or
 order of the commissioner made pursuant to article 19 shall be guilty of
 a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
 fine, in the case of a first conviction, of not less than  [five]  SEVEN
 hundred  FIFTY  dollars  nor  more than [eighteen] TWENTY-SEVEN thousand
 dollars or by imprisonment for a term of not more than one year,  or  by
 both  such  fine  and  imprisonment, for each separate violation. If the
 conviction is for an offense committed after  the  first  conviction  of
 such  person  under this subdivision, such person shall be punished by a
 fine not to exceed [twenty-six]  THIRTY-NINE  thousand  dollars,  or  by
 imprisonment,  or  by both such fine and imprisonment. Each day on which
 such violation occurs shall constitute a separate violation.
   § 42. Section 71-2111 of the environmental conservation law, as  added
 by chapter 400 of the laws of 1973, is amended to read as follows:
 § 71-2111. Enforcement of air pollution emergency rules and regulations.
   Any  person  who  violates  any  of  the  provisions of any regulation
 promulgated by the commissioner under authority of paragraph y of subdi-
 vision one of section 3-0301 shall be liable for a civil penalty of  not
 more  than  [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
 each such violation and an additional penalty of not  more  than  [five]
 SEVEN  hundred  FIFTY  dollars  for each day during which such violation
 continues, and, in addition thereto, such persons may be  enjoined  from
 continuing  such  violation.  Penalties  and  injunctive relief provided
 herein shall be recoverable in an action brought by the attorney general
 at the request and in the name of the commissioner.
   § 43. Section 71-2113 of the environmental conservation law, as  added
 by  chapter 942 of the laws of 1984, subdivision 1 as amended by section
 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
   1. Civil and administrative sanctions. Any person who violates any  of
 the  provisions  of, or who fails to perform any duty imposed by section
 19-0304 of this chapter, 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 commission-
 er made pursuant to article 19 of this chapter concerning a violation of
 section 19-0304 of this chapter shall be liable in the case of  a  first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred]  FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
 penalty of not more than [thirty-seven thousand five hundred]  FIFTY-SIX
 THOUSAND  TWO  HUNDRED  FIFTY  dollars  for  each  day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity 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
 71-2107  of  this  title,  and,  in addition thereto, such person may by
 S. 7086                            15
 
 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. In the case of a second and any
 further  violation,  the  liability  shall be for a civil penalty not to
 exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE  HUNDRED  dollars
 for  each  such violation and an additional penalty not to exceed seven-
 ty-five thousand dollars  for  each  day  during  which  such  violation
 continues.
   2.  Criminal  sanctions.  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
 section 19-0304 of this chapter, or any rules and regulations promulgat-
 ed 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 article 19 of this chapter  concerning
 a  violation  of  section  19-0304  of this chapter shall be guilty of a
 misdemeanor and, upon conviction thereof, shall for a  first  conviction
 be punished by a fine not to exceed [thirty-seven thousand five hundred]
 FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment. If the conviction is for  an  offense  committed  after  a
 first conviction of such person under this subdivision, punishment shall
 be  by  a  fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
 FIVE HUNDRED dollars per day of violation, or by  imprisonment  for  not
 more than two years or by both such fine and imprisonment.
   §  44. Section 71-2201 of the environmental conservation law, as added
 by chapter 740 of the laws of 1978, the opening paragraph  and  subdivi-
 sion  1 as amended and subdivision 3 as added by chapter 901 of the laws
 of 1983, subdivision 4 as added by chapter 294 of the laws of  1991,  is
 amended to read as follows:
 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
   Administrative  and civil sanctions. 1. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by title  23
 of  article  23  except  the duty to accept used oil pursuant to section
 23-2307 or any person subject to section 23-2308 or any  rule  or  regu-
 lation  promulgated  pursuant  thereto,  or any term or condition of any
 certificate or permit issued pursuant thereto,  or  any  final  determi-
 nation  or order of the commissioner made pursuant to this section shall
 be liable for a civil penalty not to exceed one  thousand  FIVE  HUNDRED
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues, to be assessed by the commissioner after a hearing
 or opportunity to be heard pursuant to the provisions of section 71-1709
 of this chapter, 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 pend-
 ing renewal application denied.
   2. Any person who refuses to accept used oil as required  pursuant  to
 subdivision  two  of section 23-2307 shall be liable for a civil penalty
 not to exceed one hundred FIFTY dollars.
   3. Any person who violates any provision of section  23-2308  of  this
 chapter  shall  be subject to a civil penalty not to exceed [two hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
   4. Notwithstanding any other provision of law, any  person  who  shall
 violate  the  provisions  of paragraph (c) of subdivision one of section
 23-2307 or paragraph (d) of subdivision two of section 23-2307  of  this
 S. 7086                            16

 chapter  shall  be  liable  for  a civil penalty of not more than [five]
 SEVEN hundred FIFTY dollars, and an additional civil penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation continues, not to exceed [ten] FIFTEEN thousand dollars.
   §  45.  Section  71-2303  of  the  environmental  conservation law, as
 amended by chapter 99 of the laws of  2010,  subdivisions  1  and  2  as
 amended  by  section 15 of part QQ of chapter 58 of the laws of 2022, is
 amended to read as follows:
 § 71-2303. Violation; penalties.
   1. Civil sanctions. a. Any person who violates, disobeys or disregards
 any provision of article twenty-four, including title five  and  section
 24-0507  thereof  or  any  rule  or  regulation, local law or ordinance,
 permit or order issued pursuant thereto, shall be liable to  the  people
 of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
 sand  FIVE  HUNDRED  dollars  for  every such violation, to be assessed,
 after a hearing or opportunity to be heard upon due notice and with  the
 rights  to specification of the charges and representation by counsel at
 such hearing, by the commissioner or local government or  in  an  action
 initiated  by  the  attorney general pursuant to section 71-2305 of this
 title or on the attorney general's own initiative. Each violation  shall
 be  a  separate  and distinct violation and, in the case of a continuing
 violation, each day's continuance thereof shall be deemed a separate and
 distinct violation. Such penalty assessed by the commissioner  or  local
 government may be recovered in an action brought by the attorney general
 at  the  request and in the name of the commissioner or local government
 in any court of  competent  jurisdiction.  Such  civil  penalty  may  be
 released  or  compromised by the commissioner or local government before
 the matter has been referred to the attorney  general;  and  where  such
 matter  has  been referred to the attorney general, any such penalty may
 be released or compromised and any action commenced to recover the  same
 may be settled and discontinued by the attorney general with the consent
 of  the  commissioner or local government. In addition, the commissioner
 or local government shall  have  power,  following  a  hearing  held  in
 conformance  with  the  procedures  set forth in section 71-1709 of this
 article, to direct the violator  to  cease  violating  the  act  and  to
 restore  the  affected  freshwater wetland to its condition prior to the
 violation, insofar as that is possible  within  a  reasonable  time  and
 under  the supervision of the commissioner or local government. Any such
 order of the commissioner or local government shall be enforceable in an
 action brought by the attorney general at the request and in the name of
 the commissioner or local government in any court of competent jurisdic-
 tion. Any civil penalty or order issued by  the  commissioner  or  local
 government  pursuant  to  this  subdivision  shall  be  reviewable  in a
 proceeding pursuant to article seventy-eight of the civil  practice  law
 and rules.
   b. Upon determining that significant damage to the functions and bene-
 fits  of a freshwater wetland is occurring or is imminent as a result of
 any violation of article twenty-four of this chapter, including but  not
 limited  to  (i)  activity taking place requiring a permit under article
 twenty-four of this chapter but for which no permit has been granted  or
 (ii)  failure on the part of a permittee to adhere to permit conditions,
 the commissioner or local government shall  have  power  to  direct  the
 violator  to  cease and desist from violating the act. In such cases the
 violator shall be provided an opportunity to be heard within ten days of
 receipt of the notice to cease and desist.
 S. 7086                            17
 
   2. Criminal sanctions. Any person who violates any provision of  arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law  or  ordinance,  permit  or order issued pursuant thereto, shall, in
 addition, for the first offense, be guilty of a violation punishable  by
 a  fine of not less than [two] THREE thousand nor more than [five] SEVEN
 thousand FIVE HUNDRED dollars; for a second and each subsequent  offense
 he  shall  be  guilty  of a misdemeanor punishable by a fine of not less
 than [four] SIX thousand nor more than [ten] FIFTEEN thousand dollars or
 a term of imprisonment of not less than fifteen days nor more  than  six
 months  or  both.  In addition to these punishments, any offender may be
 punishable by being ordered by the court to restore the affected  fresh-
 water  wetland  or  adjacent area to its condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for  the  completion  of such restoration, which shall be effected under
 the supervision of the commissioner or local  government.  Each  offense
 shall  be a separate and distinct offense and, in the case of a continu-
 ing offense, each day's continuance thereof shall be deemed  a  separate
 and distinct offense.
   3. All fines collected pursuant to this section shall be paid into the
 [environmental  protection  fund established pursuant to section ninety-
 two-s of the state finance law] CONSERVATION FUND TO THE CREDIT  OF  THE
 CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K)
 OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   §  46.  Paragraph  a  of  subdivision  1  and subdivision 2 of section
 71-2503 of the environmental conservation law, as amended by chapter 666
 of the laws of 1989, are amended to read as follows:
   a. Any person who violates, disobeys or disregards  any  provision  of
 article  twenty-five  shall  be  liable to the people of the state for a
 civil penalty of not to exceed [ten] FIFTEEN thousand dollars for  every
 such  violation,  to  be  assessed, after a hearing or opportunity to be
 heard, by the commissioner. Each  violation  shall  be  a  separate  and
 distinct  violation  and,  in  the  case of a continuing violation, each
 day's continuance thereof  shall  be  deemed  a  separate  and  distinct
 violation.    The  penalty  may be recovered in an action brought by the
 commissioner in any court of competent jurisdiction. Such civil  penalty
 may be released or compromised by the commissioner before the matter has
 been  referred  to  the attorney general; and where such matter has been
 referred to the attorney general, any such penalty may  be  released  or
 compromised  and any action commenced to recover the same may be settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   2. Criminal sanctions. Any person who violates any provision of  arti-
 cle  twenty-five shall, in addition, for the first offense, be guilty of
 a violation punishable by a fine of not less than [five]  SEVEN  hundred
 FIFTY  nor  more  than [five] SEVEN thousand FIVE HUNDRED dollars; for a
 second and each subsequent offense such person  shall  be  guilty  of  a
 misdemeanor  punishable by a fine of not less than one thousand nor more
 than [ten] FIFTEEN thousand dollars or a term  of  imprisonment  of  not
 less  than fifteen days nor more than six months or both. In addition to
 or instead of these punishments, any offender  shall  be  punishable  by
 being ordered by the court to restore the affected tidal wetland or area
 immediately  adjacent  thereto  to  its  condition prior to the offense,
 insofar as that is possible. The court shall specify a  reasonable  time
 for the completion of the restoration, which shall be effected under the
 supervision  of  the  commissioner. Each offense shall be a separate and
 S. 7086                            18
 
 distinct offense and, in the case of a continuing  offense,  each  day's
 continuance thereof shall be deemed a separate and distinct offense.
   §  47.  Section  71-2505  of  the  environmental  conservation law, as
 amended by chapter 249 of the laws  of  1997,  is  amended  to  read  as
 follows:
 § 71-2505. Enforcement.
   The  attorney  general, on his OR HER own initiative or at the request
 of the commissioner, shall prosecute persons who violate  article  twen-
 ty-five.  In addition the attorney general, on his OR HER own initiative
 or at the request of the commissioner, shall have the right to recover a
 civil  penalty  of  up  to  [ten]  FIFTEEN  thousand  dollars  for every
 violation of any provision of such article, and to seek equitable relief
 to restrain any violation or threatened violation of such article and to
 require the restoration of any affected tidal wetland or area immediate-
 ly adjacent thereto to its condition prior to the violation, insofar  as
 that  is possible, within a reasonable time and under the supervision of
 the commissioner. In the case of  a  continuing  violation,  each  day's
 continuance thereof shall be deemed a separate and distinct violation.
   §  48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
 conservation law, as amended by chapter 508 of the laws of  1995,  para-
 graph  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 paragraph 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] ELEVEN THOUSAND TWO
 HUNDRED FIFTY dollars for each such violation and an additional  penalty
 of  not  more  than [one thousand five hundred] TWO 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.
   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] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
 violation  and  an  additional penalty of not more than [eleven thousand
 two hundred fifty] SIXTEEN THOUSAND EIGHT HUNDRED  SEVENTY-FIVE  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
 S. 7086                            19
 
 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] THIRTY-THREE THOUSAND  SEVEN  HUNDRED
 FIFTY  dollars  for each such violation and an additional penalty of not
 more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each day during which such  violation  contin-
 ues, 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.
   c.  The  court in any action or proceeding pursuant to section 71-2727
 of this chapter 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] TWO THOUSAND TWO HUNDRED FIFTY dollars
 nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
 of violation or by imprisonment for not more than  fifteen  days  or  by
 both such fine and imprisonment.
   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] FIVE THOUSAND SIX
 HUNDRED TWENTY-FIVE dollars per day nor more than  [twenty-two  thousand
 five  hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY 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] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
 more than [thirty-seven thousand five hundred]  FIFTY-SIX  THOUSAND  TWO
 HUNDRED  FIFTY  dollars  per  day of violation, or by imprisonment for a
 term in accordance with the penal law, or by both such fine  and  impri-
 sonment.
   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
 S. 7086                            20
 
 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] FIVE THOUSAND
 SIX  HUNDRED  TWENTY-FIVE  dollars  per  day nor more than [thirty-seven
 thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY 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] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
 [seventy-five]  ONE HUNDRED TWELVE 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.
   3. Additional sanctions. Any person who violates any of the provisions
 of, or who fails to perform any duty imposed by title 7 of  article  27,
 with  regard  to  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  certif-
 icate  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] TWENTY-TWO thousand FIVE
 HUNDRED dollars and each day of such deposition shall constitute a sepa-
 rate violation and said civil penalty is in addition to any other  fines
 or penalties which may be applied pursuant to this title.
   §  49. Section 71-2705 of the environmental conservation law, as added
 by chapter 550 of the laws of 1980, subdivision 1 as amended by  section
 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
              ter.
   1.  Civil and administrative sanctions. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by titles 9,
 11 and 13 of article 27 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 commission-
 er made pursuant to this title shall be liable in the case  of  a  first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred]  FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
 penalty of not more than [thirty-seven thousand five hundred]  FIFTY-SIX
 THOUSAND  TWO  HUNDRED  FIFTY  dollars  for  each  day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity 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. In the case of a second and any
 further violation, the liability shall be for a  civil  penalty  not  to
 exceed  [seventy-five]  ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
 for each such violation and an additional penalty not to exceed  [seven-
 ty-five]  ONE  HUNDRED TWELVE thousand FIVE HUNDRED dollars for each day
 during which such violation continues.
 S. 7086                            21
 
   2. Criminal sanctions. 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
 titles  9,  11 and 13 of article 27 or any rules and regulations 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 guilty of a misde-
 meanor  and,  upon  conviction  thereof, shall for a first conviction be
 punished by a fine not to exceed [thirty-seven  thousand  five  hundred]
 FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment. If the conviction is for  an  offense  committed  after  a
 first conviction of such person under this subdivision, punishment shall
 be  by  a  fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
 FIVE HUNDRED dollars per day of violation, or by  imprisonment  for  not
 more than two years or by both such fine and imprisonment.
   §  50. Subdivision 2 of section 71-2721 of the environmental conserva-
 tion law, as amended by section 32 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   2.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an
 amount fixed by the court, not exceeding the higher of:
   (a) [Three] FOUR hundred FIFTY thousand dollars for a class C felony;
   (b) [Two hundred  twenty-five  thousand]  THREE  HUNDRED  THIRTY-SEVEN
 THOUSAND FIVE HUNDRED dollars for a class D felony;
   (c)  [One  hundred  fifty  thousand]  TWENTY-TWO THOUSAND FIVE HUNDRED
 dollars for a class E felony;
   (d)  [Thirty-seven  thousand  five  hundred]  FIFTY-SIX  THOUSAND  TWO
 HUNDRED FIFTY dollars for a class A misdemeanor;
   (e)  [Fifteen]  TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
 misdemeanor; or
   (f) Double the amount of the defendant's gain from the  commission  of
 the crime.
   §  51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
 conservation law, as added by chapter 152 of the laws of 1990,  subdivi-
 sion  1 as amended by section 33 and subdivision 2 as amended by section
 34 of part C of chapter 62 of the laws of 2003, are amended to  read  as
 follows:
   1.  Any  person  who  knowingly  or  intentionally violates any of the
 provisions or fails to perform any duty imposed by  section  27-1701  of
 this  chapter, except the duty to accept a lead-acid battery pursuant to
 subdivision four of such section, shall be liable for  a  civil  penalty
 not  to exceed [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY CENTS
 for each violation, provided that such civil penalty shall be  in  addi-
 tion  to  any other penalties authorized under other state or local laws
 governing the illegal disposal of lead-acid batteries.
   2. Any retailer or distributor  who  refuses  to  accept  a  lead-acid
 battery  as  required pursuant to subdivision four of section 27-1701 of
 this chapter shall be liable for a civil penalty not  to  exceed  [seven
 hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
   5.  All  civil penalties and fines collected for any violation of such
 title seventeen shall be paid over to the commissioner  for  deposit  in
 the  [general  fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
 ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K)  OF  SECTION
 EIGHTY-THREE  OF THE STATE FINANCE LAW; provided however, that all civil
 penalties collected for any violation of such title seventeen which have
 been imposed by the environmental control board of the city of New York,
 S. 7086                            22
 
 or a local adjudicatory  body  pursuant  to  subdivision  four  of  this
 section, shall be paid into an environmental fund of such city or local-
 ity.
   §  52. Subdivisions 1, 2 and 4 of section 71-2724 of the environmental
 conservation law, as added by chapter 145 of the laws of 2004,  subdivi-
 sions  1 and 2 as amended by chapter 30 of the laws of 2020, are amended
 to read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or fails to perform any duty pursuant to  title  twenty-one  of  article
 twenty-seven  of this chapter, except subdivision one of section 27-2105
 of this chapter, shall upon the first finding of  such  a  violation  be
 liable  for a civil penalty not to exceed one hundred FIFTY dollars. Any
 person convicted of a second or subsequent violation shall be liable for
 a civil penalty not to exceed [five] SEVEN  hundred  FIFTY  dollars  for
 each violation.
   2.  Any  person  who  knowingly  or intentionally violates or fails to
 perform any duty imposed by subdivision one of section 27-2105  of  this
 chapter  shall  upon  the  first finding of such a violation be provided
 with educational  materials  describing  the  requirements  for  mercury
 disposal  and  the  effects  of improper mercury disposal, and be warned
 that future violations shall result in the imposition  of  a  fine.  Any
 person  convicted  of  a  second  violation  shall be liable for a civil
 penalty not to exceed [fifty] SEVENTY-FIVE dollars. Any person convicted
 of a third violation shall be liable for a civil penalty not  to  exceed
 [seventy-five]  ONE  HUNDRED  TWELVE dollars AND FIFTY CENTS. Any person
 convicted of a fourth or subsequent violation  shall  be  liable  for  a
 civil penalty not to exceed one hundred dollars for each violation.
   4.  All civil penalties and fines collected for any violation of title
 twenty-one of article twenty-seven of this chapter shall be paid over to
 the commissioner for  deposit  in  the  [environmental  protection  fund
 established  by section ninety-two-s of the state finance law] CONSERVA-
 TION FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT  ACCOUNT  ESTAB-
 LISHED  PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE
 FINANCE LAW.
   § 53. Subdivisions 1 and 3 of section  71-2728  of  the  environmental
 conservation  law,  as  added  by  chapter  641 of the laws of 2008, are
 amended to read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or fails to perform any duty imposed pursuant to title 27 of article  27
 of  this  chapter  shall  upon  the first finding of such a violation be
 provided with a warning that future violations shall result in the impo-
 sition of a fine. Any person convicted of a second  violation  shall  be
 liable  for a civil penalty not to exceed one hundred FIFTY dollars. Any
 person convicted of a third or subsequent violation shall be liable  for
 a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
   3.  All civil penalties and fines collected for any violation of title
 27 of article 27 of this chapter shall be paid over to the  commissioner
 for deposit in the [environmental protection fund established by section
 ninety-two-s  of  the state finance law] CONSERVATION FUND TO THE CREDIT
 OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVI-
 SION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 54. Section 71-2729 of the environmental conservation law, as  added
 by chapter 99 of the laws of 2010, is amended to read as follows:
 § 71-2729. Enforcement of title 26 of article 27 of this chapter.
   1.  a. Any consumer, as defined in title twenty-six of article twenty-
 seven of this chapter, who  violates  any  provision  of,  or  fails  to
 S. 7086                            23

 perform  any  duty imposed by, section 27-2611 of this chapter, shall be
 liable for a civil penalty not to exceed one hundred FIFTY  dollars  for
 each violation.
   b.  Any person, except a consumer, manufacturer, or an owner or opera-
 tor of an electronic waste collection  site,  electronic  waste  consol-
 idation  facility, or electronic waste recycling facility as these terms
 are defined in title twenty-six of article twenty-seven of this chapter,
 who violates any provision, or fails to  perform  any  duty  imposed  by
 section 27-2611 of this chapter, shall be liable for a civil penalty not
 to  exceed  [two  hundred  fifty] THREE HUNDRED SEVENTY-FIVE dollars for
 each violation.
   c. Any manufacturer, or  any  person  operating  an  electronic  waste
 collection site, an electronic waste consolidation facility, or an elec-
 tronic  waste  recycling  facility  as  those terms are defined in title
 twenty-six of article twenty-seven of this chapter, who:
   i. fails to submit any report, registration, fee, or surcharge to  the
 department  as  required  by title twenty-six of article twenty-seven of
 this chapter shall be liable for a civil penalty not to exceed one thou-
 sand FIVE HUNDRED dollars for each day such report,  registration,  fee,
 or surcharge is not submitted; and
   ii.  violates any other provision of title twenty-six of article twen-
 ty-seven of this chapter or fails to perform any duty  imposed  by  such
 title,  except  for subdivision four of section 27-2603 of this chapter,
 shall be liable for a civil penalty for each violation not to exceed one
 thousand FIVE HUNDRED dollars for the  first  violation,  [two  thousand
 five  hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the second
 violation and [five] SEVEN thousand FIVE HUNDRED dollars for  the  third
 and subsequent violations of this title within a twelve-month period.
   d.  Any  retailer,  as defined by section 27-2601 of this chapter, who
 violates any provision of title twenty-six of  article  twenty-seven  of
 this  chapter  or fails to perform any duty imposed by such title, shall
 be liable for a civil penalty for each  violation  not  to  exceed  [two
 hundred   fifty]  THREE  HUNDRED  SEVENTY-FIVE  dollars  for  the  first
 violation, [five] SEVEN hundred FIFTY dollars for the  second  violation
 and  one  thousand  FIVE  HUNDRED  dollars  for the third and subsequent
 violations of this title in a twelve-month period.
   e. Civil penalties under this section shall be assessed by the commis-
 sioner after a hearing or  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 this section, and, in addition thereto,
 such person may by similar process  be  enjoined  from  continuing  such
 violation.
   2. All penalties collected pursuant to this section shall be paid over
 to  the  commissioner  for deposit to the [environmental protection fund
 established pursuant to section ninety-two-s of the state  finance  law]
 CONSERVATION  FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT
 ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE  OF  THE
 STATE FINANCE LAW.
   §  55.  Subdivisions  1  and 3 of section 71-2907 of the environmental
 conservation law, as amended by chapter 285 of the  laws  of  2000,  are
 amended to read as follows:
   1.  Administrative  sanctions.  Except  as  otherwise provided in this
 subdivision, any person who violates any provision of article 33 of this
 chapter or any rule, regulation or order issued  thereunder  or  commits
 any offense described in section 33-1301 of this chapter shall be liable
 to  the  people  of  the  state for a civil penalty not to exceed [five]
 S. 7086                            24
 
 SEVEN thousand FIVE HUNDRED dollars for a first violation,  and  not  to
 exceed  [ten]  FIFTEEN  thousand dollars for a subsequent offense, to be
 assessed by the commissioner after a hearing or opportunity to be heard.
 Notwithstanding  any  provision  of  law  to  the  contrary, an owner or
 owner's agent of a multiple dwelling or owner, owner's agent or a person
 in a position of authority for all other  types  of  premises,  as  such
 terms  are defined in paragraph d of subdivision five of section 33-0905
 of this chapter, who violates any  provision  of  a  local  law  adopted
 pursuant  to subdivision one of section 33-1004 of this chapter relating
 to paragraph b of such subdivision,  and  a  person,  who  violates  any
 provision  of a local law adopted pursuant to subdivision one of section
 33-1004 of this chapter relating to paragraph c of such subdivision, and
 a person who violates the provisions of  subdivision  three  of  section
 three  hundred  ninety-c  of  the social services law shall, for a first
 such violation, in lieu of a penalty, be issued a  written  warning  and
 shall  also  be issued educational materials pursuant to subdivision two
 of section 33-1005 of this chapter. Such person shall,  however,  for  a
 second  violation,  be  liable  to  the  people of the state for a civil
 penalty not to exceed one hundred FIFTY dollars, and not to exceed  [two
 hundred  fifty]  THREE  HUNDRED  SEVENTY-FIVE dollars for any subsequent
 violation, such penalties to be assessed by  the  commissioner  after  a
 hearing or opportunity to be heard.
   Notwithstanding  any  provision of law to the contrary, any person who
 violates the provisions of a local law adopted pursuant  to  subdivision
 one  of  section 33-1004 of this chapter relating to paragraph a of such
 subdivision, shall be issued a warning for the first violation and shall
 be provided seven days to correct such violation; and shall be liable to
 the people of the state for a civil penalty not to  exceed  one  hundred
 FIFTY  dollars  for  a  second violation, and not to exceed [two hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, to
 be assessed by the commissioner after a hearing  or  opportunity  to  be
 heard.  The commissioner, acting by the attorney general, may bring suit
 for collection of such assessed civil penalty in any court of  competent
 jurisdiction.  Such  civil penalty may be released or compromised by the
 commissioner before the matter has been referred to the attorney  gener-
 al; and where such matter has been referred to the attorney general, any
 such  penalty may be released or compromised and any action commenced to
 recover the same may be settled and discontinued by the attorney general
 with the consent of the commissioner. Any civil penalty assessed by  the
 commissioner  under this subdivision shall be reviewable in a proceeding
 under article 78 of the civil practice law and rules.
   3. Criminal sanctions. Any person  who,  having  the  culpable  mental
 states  defined in subdivision one or two of section 15.05 or in section
 20.20 of the penal law, violates any provision of  article  33  of  this
 chapter  or  any  rule,  regulation  thereunder  or  commits any offense
 described in section 33-1301 of this chapter, except an offense relating
 to the application of a general use  pesticide  shall  be  guilty  of  a
 misdemeanor  and,  upon  conviction thereof, shall be punished by a fine
 not to exceed [five] SEVEN thousand FIVE HUNDRED dollars  for  each  day
 during  which  such violation continues or by imprisonment for a term of
 not more than one year, or by both such fine and  imprisonment.  If  the
 conviction   is  for  a  subsequent  offense  committed  after  a  first
 conviction of such person under this subdivision, punishment shall be by
 a fine not to exceed [ten] FIFTEEN thousand dollars for each day  during
 which such violation continues or by imprisonment for a term of not more
 than  one  year, or by both such fine and imprisonment. When a violation
 S. 7086                            25
 
 consists of the manufacture or production  of  any  prohibited  article,
 each  day  during  which  or  any  part  of  which  such  manufacture or
 production is carried on  or  continued,  shall  be  deemed  a  separate
 violation.  Any  person who violates any provision of article 33 of this
 chapter or any rule or regulation  thereunder  or  commits  any  offense
 described  in  section  33-1301 of this chapter relating to the use of a
 general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
 conviction  thereof,  shall be punished by a fine not to exceed [twenty-
 five hundred]  THREE  THOUSAND  SEVEN  HUNDRED  FIFTY  dollars.  If  the
 conviction  is  for  a subsequent offense committed after the first such
 conviction of such person under this subdivision, punishment shall be by
 a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars.  Prose-
 cution  hereunder may be conducted by either the attorney general or the
 district attorney consistent with section 71-0403 of this article.  With
 respect  to  violations  of  section  33-1004 of this chapter, penalties
 imposed pursuant to this subdivision may  be  assessed  only  against  a
 person providing a commercial lawn application.
   § 56. Section 71-3103 of the environmental conservation law is amended
 to read as follows:
 § 71-3103. Enforcement of article 35.
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duties imposed by article 35 or any  regulation  promulgated
 by  the  commissioner  thereunder, shall be liable to a civil penalty of
 not more than [twenty-five hundred] THREE THOUSAND SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation. Penalties and injunctive relief
 provided herein shall be recoverable in an action brought by the  Attor-
 ney General at the request and in the name of the commissioner.
   §  57. Subdivision 1 of section 71-3303 of the environmental conserva-
 tion law, as added by chapter 617 of the laws of  1987,  is  amended  to
 read as follows:
   1.  Any  person who violates any provision of, or fails to perform any
 duty imposed by article forty-three of this chapter or any rule or regu-
 lation promulgated pursuant thereto, or any term  or  condition  of  any
 certificate  or  permit  issued  pursuant thereto, or any final determi-
 nation or order of the Lake George  park  commission  made  pursuant  to
 article  forty-three of this chapter shall be liable for a civil penalty
 not to exceed [five] SEVEN hundred FIFTY dollars for each such violation
 and an additional penalty of [five] SEVEN hundred FIFTY dollars for each
 day during which such violation continues, to be assessed  by  the  Lake
 George park commission after an opportunity to be heard, or by the court
 in  any  action  or  proceeding initiated by the attorney general in the
 name of the Lake George  park  commission.  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 based upon
 such violation.
   §  58. Section 71-3307 of the environmental conservation law, as added
 by chapter 617 of the laws of 1987, is amended to read as follows:
 § 71-3307. Criminal sanctions.
   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 article forty-three of  this
 chapter  or  any  rules or regulations promulgated thereto, or any final
 S. 7086                            26
 
 determination or order of the Lake George park commission shall be guil-
 ty of a violation, and, upon conviction thereof, shall be punished by  a
 fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
 and [five] SEVEN hundred FIFTY dollars for each day such violation shall
 continue.
   § 59. Section 71-3501 of the environmental conservation law is amended
 to read as follows:
 § 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
              noisome business on or near highway.
   A person, who deposits, leaves or keeps, on or near a highway or route
 of public travel, either on the land or on the  water,  any  noisome  or
 unwholesome  substance, or establishes, maintains or carries on, upon or
 near a public highway or route of public travel, either on the  land  or
 on  the  water,  any  business, trade or manufacture which is noisome or
 detrimental to public health, is guilty of a misdemeanor, punishable  by
 a  fine  of  not less than one hundred FIFTY dollars, or by imprisonment
 not less than three nor more than six months, or both.
   § 60. Section  71-3703  of  the  environmental  conservation  law,  as
 amended  by chapter 259 of the laws of 2011, subdivision 4 as amended by
 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
 the laws of 2021, and subdivision 6 as added by chapter 111 of the  laws
 of 2023, is amended to read as follows:
 § 71-3703. Enforcement of article 37.
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0107 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed [two thousand five hundred] THREE THOUSAND  SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation.
   2. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0505 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   3.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0705 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed one thousand FIVE HUNDRED dollars for each day during which  such
 violation  continues,  and  in  addition  thereto,  such  person  may be
 enjoined from continuing such violation. Such person shall for a  second
 violation  be  liable to the people of the state for a civil penalty not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   4. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0117 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 S. 7086                            27
 
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   5.  Any  person  who violates any of the provisions of or who fails to
 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
 or any rule or regulation promulgated pursuant hereto, shall  be  liable
 for  a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
 each day during which such violation continues, and in addition thereto,
 such person may be enjoined from continuing such violation. Such  person
 shall  for a second violation be liable to the people of the state for a
 civil penalty not to exceed [two thousand five hundred]  THREE  THOUSAND
 SEVEN  HUNDRED  FIFTY  dollars  for each day during which such violation
 continues.
   6. Any person who violates any of the provisions of, or who  fails  to
 perform  any duty imposed by section 37-0121 of this chapter or any rule
 or regulation promulgated pursuant hereto, shall be liable for  a  civil
 penalty  not  to  exceed  one thousand FIVE HUNDRED dollars for each day
 during which such violation continues, and  in  addition  thereto,  such
 person may be enjoined from continuing such violation. Such person shall
 for  a second violation be liable to the people of the state for a civil
 penalty not to exceed [two thousand five hundred] THREE  THOUSAND  SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues.
   § 61. Section 71-3803 of the environmental conservation law, as  added
 by chapter 713 of the laws of 1975, is amended to read as follows:
 § 71-3803. Enforcement of article thirty-eight.
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duty imposed  by  article  thirty-eight  or  any  regulation
 promulgated  by  the commissioner thereunder, shall be liable to a civil
 penalty of not more than  [twenty-five  hundred]  THREE  THOUSAND  SEVEN
 HUNDRED  FIFTY dollars for each such violation and an additional penalty
 of not more than [five] SEVEN hundred FIFTY dollars for each day  during
 which  such  violation  continues, and, in addition thereto, such person
 may be enjoined from continuing such violation. Penalties and injunctive
 relief provided herein shall be recoverable in an action brought by  the
 attorney general acting alone or at the request of the commissioner.
   §  62. Section 71-3903 of the environmental conservation law, as added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3903. Violations; penalties.
   1. Administrative sanctions. Any  person  who  violates,  disobeys  or
 disregards  any  provision of article thirty-nine shall be liable to the
 people of the state for a civil penalty of not to  exceed  [three]  FOUR
 thousand  FIVE  HUNDRED dollars for every such violation, to be assessed
 by the commissioner after a hearing or  opportunity  to  be  heard.  The
 penalty may be recovered in an action brought by the commissioner in any
 court  of  competent jurisdiction. Such civil penalty may be released or
 [comprised] COMPROMISED by the commissioner before the matter  has  been
 referred  to  the  attorney  general;  and  where  such  matter has been
 referred to the attorney general, any such penalty may  be  released  or
 [comprised] COMPROMISED and any action commenced to recover the same may
 be  settled and discontinued by the attorney general with the consent of
 the commissioner.  In  addition,  the  commissioner  shall  have  power,
 following  a  hearing,  to direct the violator to cease his violation of
 article thirty-nine and, where appropriate, to recall any sewage  system
 cleaners  or additives sold or distributed in violation of said article.
 Any such order of the commissioner shall be  enforceable  in  an  action
 brought  by the commissioner in any court of competent jurisdiction. Any
 S. 7086                            28
 
 civil penalty or order issued by the commissioner under this subdivision
 shall be reviewable in a proceeding under article seventy-eight  of  the
 civil practice law and rules commenced within thirty days of such penal-
 ty or order.
   2. Criminal sanctions. Any person who knowingly violates any provision
 of  section  39-0105 of this chapter shall, in addition to the sanctions
 provided in subdivision one of this section, for the first  offense,  be
 guilty of a violation punishable by a fine of not less than [five] SEVEN
 hundred  FIFTY  nor  more  than one thousand FIVE HUNDRED dollars; for a
 second and each subsequent offense he shall be guilty of  a  misdemeanor
 punishable by a fine of not less than one thousand FIVE HUNDRED nor more
 than  [three]  FOUR thousand FIVE HUNDRED dollars or a term of imprison-
 ment of not more than six months or both. In addition to or  instead  of
 these  sanctions,  any  offender shall be punishable by being ordered by
 the court to recall any sewage system  cleaners  or  additives  sold  or
 distributed in violation of article thirty-nine. The court shall specify
 a  reasonable  time for the completion of the recall. Each offense shall
 be a separate and distinct offense and, in  the  case  of  a  continuing
 offense,  each  day's continuance thereof shall be deemed a separate and
 distinct offense.
   § 63. Section 71-3905 of the environmental conservation law, as  added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3905. Enforcement.
   The  attorney  general  or  a district attorney, at the request of the
 attorney general or the commissioner, may prosecute persons who  violate
 article thirty-nine. In addition the attorney general, on his own initi-
 ative  or  at  the  request of the commissioner, shall have the right to
 recover a civil penalty of not to  exceed  [three]  FOUR  thousand  FIVE
 HUNDRED  dollars  for  every violation of any provision of said article,
 and to seek equitable relief to restrain  any  violation  or  threatened
 violation of such article and to require the recall of any sewage system
 cleaners or additives sold or distributed in violation of said article.
   §  64.  Section  71-4001  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-4001. General criminal penalty.
   Except as otherwise specifically provided elsewhere in this chapter or
 in  the penal law, (a) a person who violates any provision of this chap-
 ter, or any rule, regulation or order promulgated pursuant  thereto,  or
 the terms or conditions of any permit issued thereunder, shall be guilty
 of  a  violation;  (b)  each  day  on  which such violation occurs shall
 constitute a separate violation; and (c) for  each  such  violation  the
 person  shall  be  subject  upon conviction to imprisonment for not more
 than fifteen days or to a fine of not  more  than  [nine]  ONE  THOUSAND
 THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
   §  65.  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 issued thereunder, shall be liable to a civil  penalty  of
 not more than one thousand FIVE HUNDRED dollars, and an additional civil
 penalty  of not more than one thousand FIVE HUNDRED dollars for each day
 during which each such violation continues. Any civil  penalty  provided
 S. 7086                            29
 
 for  by  this chapter may be assessed following a hearing or opportunity
 to be heard.
   §  66.  Section  71-4103  of  the  environmental  conservation law, as
 amended by chapter 608 of the laws  of  1993,  is  amended  to  read  as
 follows:
 § 71-4103. Enforcement of article seventy-two.
   Any  person  who violates any of the provisions of article seventy-two
 of this chapter or  the  regulations  promulgated  thereunder  shall  be
 liable for a civil penalty of up to one thousand FIVE HUNDRED dollars in
 addition  to  any  amount  assessed as a penalty pursuant to subdivision
 five of section 72-0201 of this chapter,  except  that  any  person  who
 fails  to  pay fees required pursuant to section 72-0303 of this chapter
 shall be subject to penalty provisions pursuant to subdivision twelve of
 section 72-0201 of this chapter.
   § 67. Section 71-4303 of the environmental conservation law, as  added
 by chapter 672 of the laws of 1986, is amended to read as follows:
 § 71-4303. Violations of article forty of this chapter.
   1.  Civil and administrative sanctions. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by,  article
 forty  of this chapter or any rule or regulation promulgated thereunder,
 or any terms or conditions 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 in the case of a  civil  penalty
 not  to exceed twenty-five thousand dollars and an additional penalty of
 not more than twenty-five thousand 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 a court in any action or proceeding pursuant to  this
 title,  and,  in  addition thereto such person may by similar process be
 enjoined from continuing such violation. In addition, upon the provision
 of notice stating the grounds for its action and giving  an  opportunity
 for  hearing, the commissioner may revoke, suspend or deny a certificate
 or a renewal of a certificate issued pursuant to article forty  of  this
 chapter. In the case of a second violation, the liability shall be for a
 civil  penalty  not  to exceed [fifty] SEVENTY-FIVE thousand dollars for
 such violation and an additional penalty not to exceed [fifty]  SEVENTY-
 FIVE  thousand  dollars for each day during which such violation contin-
 ues.
   2. Criminal sanctions. 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
 article  forty  of  this chapter or any rules or regulations 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 guilty of a  misdemea-
 nor  and,  upon  conviction  thereof,  shall  for  a first conviction be
 punished by a fine not to  exceed  [twenty-five]  THIRTY-SEVEN  thousand
 FIVE  HUNDRED dollars per day of violation or by imprisonment for a term
 of not more than one year, or by both such fine and imprisonment. If the
 conviction is for an offense committed after a first conviction of  such
 person  under  this  subdivision,  punishment  shall be by a fine not to
 exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
 imprisonment for not more than two years or by both such fine and impri-
 sonment.
   § 68. Section 71-4402 of the environmental conservation law, as  added
 by chapter 180 of the laws of 1989, is amended to read as follows:
 S. 7086                            30
 
 § 71-4402. Violations of title 15 of article 27 of this chapter.
   1. Civil and administrative sanctions.
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duty imposed by title 15 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,  or  any
 final  determination  or order of the commissioner made pursuant to this
 title shall be liable in the case of a  first  violation,  for  a  civil
 penalty  not  to exceed [twenty-five] THIRTY-SEVEN thousand FIVE HUNDRED
 dollars and an additional penalty of not more than  [twenty-five]  THIR-
 TY-SEVEN  thousand  FIVE  HUNDRED dollars for each day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity to be heard pursuant to the provisions of section 71-1709 of this
 chapter, or by the court in any action or proceeding pursuant to section
 71-2727  of  this chapter, and, in addition thereto, such persons 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. In the case of a second and any
 further violation, the liability shall be for a  civil  penalty  not  to
 exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
 an  additional  penalty  not  to  exceed  [fifty]  SEVENTY-FIVE thousand
 dollars for each day during which such violation continues.
   2. Criminal sanctions.
   a. Any person who violates any of the provisions of or  who  fails  to
 perform  any  duty  imposed by title 15 of article 27 of this chapter or
 any rules and regulations 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 guilty of a violation and, upon conviction thereof, shall
 be  punished  by a fine not to exceed [five] SEVEN thousand FIVE HUNDRED
 dollars per day of violation, or by imprisonment for a term of not  more
 than fifteen days, or by both such fine and imprisonment.
   b.  Any  person  who,  intentionally,  knowingly,  or recklessly shall
 violate any of the provisions of  or  who  fails  to  perform  any  duty
 imposed by title 15 of article 27 of this chapter or any rules and regu-
 lations  promulgated  pursuant  thereto, or any term or condition of any
 certificate or permit issued pursuant thereto,  or  any  final  determi-
 nation or order of the commissioner made pursuant to this title shall be
 guilty  of a class B misdemeanor and, upon conviction thereof, shall for
 a first conviction be punished by a fine not to exceed  [fifteen]  TWEN-
 TY-TWO  thousand  FIVE HUNDRED dollars per day of violation or by impri-
 sonment for a term of not more than ninety days, or both such  fine  and
 imprisonment.    If  the  conviction is for an offense committed after a
 first conviction of such person under this paragraph, within the preced-
 ing five years, such person shall be guilty of a class A misdemeanor and
 upon conviction, punishment shall be by a fine  not  to  exceed  [fifty]
 SEVENTY-FIVE  thousand  FIVE HUNDRED dollars per day of violation, or by
 imprisonment for not more than one year or by both such fine and  impri-
 sonment.
   §  69. Subdivision 2 of section 71-4411 of the environmental conserva-
 tion law, as added by chapter 180 of the laws of  1989,  is  amended  to
 read as follows:
   2.  Fines.  A  sentence  to  pay a fine shall be a sentence to pay any
 amount fixed by the court, not exceeding the higher of:
   (a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
 class D felony;
 S. 7086                            31
 
   (b) one hundred thousand dollars for a class E felony;
   (c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
   (d)  [fifteen]  TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
 misdemeanor; or
   (e) double the amount of the defendant's gain from the  commission  of
 the crime.
   §  70. This act shall take effect immediately; provided, however, that
 if chapter 111 of the laws of 2023 shall not have  taken  effect  on  or
 before such date then the amendments to subdivision 6 of section 71-3703
 of  the environmental conservation law made by section sixty of this act
 shall take effect on the same date and in the same manner as such  chap-
 ter of the laws of 2023, takes effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7086--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 17, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- recommitted to  the  Committee  on  Environmental  Conservation  in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the environmental conservation law and the state finance
   law, in relation to the disposition of certain fees and penalties
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 2 of section  71-0211  of  the  environ-
 mental  conservation  law, subdivision 1 as amended by chapter 60 of the
 laws of 1993, subdivision 2 as amended by chapter 460  of  the  laws  of
 1991, are amended to read as follows:
   1.  Notwithstanding  any  other provisions of law to the contrary, all
 fines and penalties collected pursuant to title nineteen of  this  arti-
 cle,  except  amounts  required  to  be  paid into the conservation fund
 pursuant to subdivision two of section  71-1929  of  such  title;  title
 twenty-one  of  this article; title twenty-seven of this article, except
 amounts required to be paid  into  the  hazardous  waste  remedial  fund
 pursuant  to subdivision two of section 71-2725 of such title; and title
 forty-one of this article shall be paid into the [general  fund  to  the
 credit of the state purposes account] CONSERVATION FUND TO THE CREDIT OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   2. Unless otherwise provided in this chapter, not later than the tenth
 day  of  each  month, all fines, penalties and forfeitures collected for
 violations of this chapter or rules, regulations, local  laws  or  ordi-
 nances  adopted  thereunder under judgment of any town or village court,
 shall be paid over by such court to the comptroller of the state, with a
 statement accompanying the same, setting forth the action or  proceeding
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11358-02-4
              

 S. 7086--A                          2
 
 in  which  such  moneys  were  collected,  the name and residence of the
 defendant, the nature of the offense, and the fines and penalty imposed.
 The comptroller shall pay these funds into  the  [general  fund  of  the
 state]  CONSERVATION  FUND TO THE CREDIT OF THE CONSERVATION ENFORCEMENT
 ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION  EIGHTY-THREE
 OF THE STATE FINANCE LAW.
   §  2.  Section  83 of the state finance law is amended by adding a new
 subdivision (k) to read as follows:
   (K) ALL MONEYS, REVENUE, AND INTEREST THEREON RECEIVED  AND  COLLECTED
 PURSUANT  TO  TITLES  NINETEEN,  TWENTY-ONE  AND TWENTY-SEVEN OF ARTICLE
 SEVENTY-ONE OF THE  ENVIRONMENTAL  CONSERVATION  LAW,  AND  PURSUANT  TO
 SECTION  71-0211 OF THE ENVIRONMENTAL CONSERVATION LAW, OTHER THAN THOSE
 AMOUNTS PRESCRIBED BY LAW TO BE DIRECTED  INTO  OTHER  FUNDS,  SHALL  BE
 DEPOSITED  IN A SPECIAL ACCOUNT WITHIN THE CONSERVATION FUND TO BE KNOWN
 AS THE CONSERVATION ENFORCEMENT ACCOUNT. ALL OF  SUCH  MONEYS,  REVENUES
 AND  INTEREST  SHALL  BE  AVAILABLE  TO  THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION, PURSUANT TO APPROPRIATION,  EXCLUSIVELY  FOR  FUNDING  THE
 ENFORCEMENT OF THE ENVIRONMENTAL CONSERVATION LAW, INCLUDING FUNDING FOR
 SCIENTISTS,  ENVIRONMENTAL LAW ENFORCEMENT OFFICERS, ATTORNEYS, ADMINIS-
 TRATIVE SUPPORT, AND SUCH OTHER EXPENSES THE COMMISSIONER  DEEMS  NECES-
 SARY  FOR  SUCH  ENFORCEMENT. SUCH MONEY SHALL BE USED TO SUPPLEMENT AND
 NOT SUPPLANT FUNDING FOR THE ENFORCEMENT OF THE ENVIRONMENTAL  CONSERVA-
 TION LAW AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION.
   §  3.  Subdivision 1 of section 71-0213 of the environmental conserva-
 tion law, as added by section 1 of part DDD of chapter 59 of the laws of
 2009, is amended to read as follows:
   1. Whenever proceedings result in a conviction for  an  offense  under
 this chapter there shall be levied, in addition to any sentence required
 or  permitted  by  law,  the  following mandatory surcharges: (a) in the
 amount of twenty-five dollars for violations of sportfishing regulations
 set forth in 6 NYCRR 10; (b) in the amount of [seventy-five dollars] ONE
 HUNDRED TWELVE DOLLARS AND FIFTY CENTS for all other offenses under this
 chapter provided, however, that convictions for offenses under  articles
 seventeen,  nineteen or twenty-seven of this chapter shall be subject to
 a mandatory surcharge equal to the greater of [seventy-five dollars] ONE
 HUNDRED TWELVE DOLLARS AND FIFTY CENTS or  [six]  NINE  percent  of  any
 penalty  or  fine imposed.  The mandatory surcharge shall be paid to the
 clerk of the court who shall remit such mandatory surcharge to the state
 comptroller provided, however, that in cases where  the  conviction  was
 rendered  by  a town or a village justice court, the clerk of such court
 shall pay twenty-five dollars of such  surcharge  to  the  chief  fiscal
 officer  of the town or village in the case of surcharges resulting from
 paragraph (b) of this  subdivision  and  ten  dollars  in  the  case  of
 surcharges  resulting  from  paragraph (a) of this subdivision and shall
 pay the remaining amounts of such  mandatory  surcharges  to  the  state
 comptroller  in  the  same manner as provided in section 71-0211 of this
 article. The comptroller shall pay such monies into the  state  treasury
 to  the  [credit of the general fund] CONSERVATION FUND TO THE CREDIT OF
 THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION
 (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 4. Section 71-0301 of the environmental conservation law, as amended
 by chapter 400 of the law of 1973, is amended to read as follows:
 § 71-0301. Summary abatement.
   Notwithstanding any  inconsistent  provisions  of  law,  whenever  the
 commissioner  finds,  after  investigation,  that any person is causing,
 engaging in or maintaining a condition or activity which, in  [his]  THE
 S. 7086--A                          3
 
 judgment  OF THE COMMISSIONER, presents an imminent danger to the health
 or welfare of the people of the state or results  in  or  is  likely  to
 result  in  irreversible or irreparable damage to natural resources, and
 relates  to  the prevention and abatement powers of the commissioner and
 it therefore appears to be prejudicial to the interests of the people of
 the state to delay action until an opportunity  for  a  hearing  can  be
 provided, the commissioner may, without prior hearing, order such person
 by  notice,  in writing wherever practicable or in such other form as in
 the commissioner's judgment will reasonably  notify  such  person  whose
 practices  are intended to be proscribed, to discontinue, abate or alle-
 viate such condition or activity, and thereupon such person shall  imme-
 diately  discontinue,  abate or alleviate such condition or activity. As
 promptly as possible thereafter, not to exceed fifteen days, the commis-
 sioner shall provide the person an opportunity to be heard and to  pres-
 ent  proof  that  such  condition  or  activity  does  not  violate  the
 provisions of this section.   The commissioner  shall  adopt  any  other
 appropriate  rules  and  regulations  prescribing  the  procedure  to be
 followed in the issuance of such orders. Any person who violates any  of
 the  provisions  of,  or  who  fails to perform any duty imposed by this
 section, or any rule, regulation or order promulgated by the commission-
 er hereunder, shall be liable to a civil penalty of not more than [twen-
 ty-five hundred] THREE THOUSAND SEVEN HUNDRED  FIFTY  dollars  for  each
 such  violation  and an additional penalty of not more than [five] SEVEN
 hundred FIFTY dollars for each day during which such  violation  contin-
 ues, and, in addition thereto, such person may be enjoined from continu-
 ing  such  violation.  Penalties  and  injunctive relief provided herein
 shall be recoverable in an action brought by the attorney general at the
 request and in the name of the commissioner.
   § 5. Subdivisions 3 and 4 of  section  71-0507  of  the  environmental
 conservation law, subdivision 3 as amended by chapter 400 of the laws of
 1973, are amended to read as follows:
   3.  Moneys  received  by  a  town  justice or a village justice in any
 action for a penalty brought under the provisions of this chapter listed
 in section 71-0501 of titles 5 through 15 inclusive and title 33 or upon
 the settlement or compromise thereof, or a fine for a violation  of  the
 provisions  of  this  chapter  listed  in  section  71-0501 and titles 5
 through 15 inclusive and title 33 of this article shall be paid  to  the
 State  Comptroller as provided in section 27 of the Town Law and section
 4-410 of the village law. From the moneys so received, the  State  Comp-
 troller  shall pay all lawful fees for services rendered in such actions
 when instituted by order of the department  or  upon  information  of  a
 conservation officer, regional and assistant regional conservation offi-
 cer,  special  game protector, district ranger, forest ranger, or member
 of the state police. The balance of such moneys arising  from  penalties
 under  articles  11 or 13 or title 9 of this article or upon the settle-
 ment or compromise thereof or from fines for violations of  any  of  the
 provisions  of  articles  11  or 13 or title 9 of this article after the
 payment of lawful fees shall be  credited  by  the  Comptroller  to  the
 conservation  fund.  The Comptroller shall adjust and settle [his] THEIR
 account with the conservation fund in the  manner  provided  by  section
 99-a  of  the  State  Finance  Law. The balance of all other such moneys
 after payment of lawful fees shall be credited by the Comptroller to the
 [general fund] CONSERVATION FUND  TO  THE  CREDIT  OF  THE  CONSERVATION
 ENFORCEMENT  ACCOUNT  ESTABLISHED PURSUANT TO SUBDIVISION (K) OF SECTION
 EIGHTY-THREE OF THE STATE FINANCE LAW.
 S. 7086--A                          4
 
   4. All moneys received by any other person or court in an action for a
 penalty brought under the provisions of this chapter listed  in  section
 71-0501  and  titles 5 through 15 inclusive and title 33 of this article
 or upon the settlement or compromise thereof, or a fine for a  violation
 of the provisions of this chapter listed in section 71-0501 and titles 5
 through 15 inclusive and title 33 of this article, shall be paid by such
 person or court to the department within thirty days after receipt ther-
 eof.  The department shall pay the expenses of collection and the lawful
 fees of magistrates and constables for services  performed  in  criminal
 actions brought upon information of a conservation officer, regional and
 assistant   regional   conservation  officer,  special  game  protector,
 district ranger, forest ranger, or member  of  the  state  police.  Such
 moneys  derived from fines or penalties for violations of articles 11 or
 13 or title 9 of this article or from the settlement or compromise ther-
 eof shall be paid by the department to the Commissioner of Taxation  and
 Finance  and  credited  to  the  conservation  fund. All other moneys so
 received by the department shall be paid to the Commissioner of Taxation
 and Finance and credited to the [general fund] CONSERVATION FUND TO  THE
 CREDIT  OF  THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO
 SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE LAW.
   § 6. Subdivisions 1, 2, 6, 9 and 10 of section 71-0703 of the environ-
 mental conservation law, subdivisions 1, 2 and 6 as amended  by  chapter
 602  of  the  laws of 2003, subdivision 9 as added by chapter 267 of the
 laws of 2012 and subdivision 10 as added by chapter 330 of the  laws  of
 2014, are amended to read as follows:
   1.  Except  as  otherwise provided in subdivision 4, 5, 6 or 7 of this
 section, any person who violates any  provision  of  article  9  or  the
 rules,  regulations  or orders promulgated pursuant thereto or the terms
 of any permit issued thereunder,  or  who  fails  to  perform  any  duty
 imposed  by  any  provision thereof shall be guilty of a violation, and,
 upon conviction, shall be punished by a  fine  of  not  more  than  [two
 hundred  fifty]  THREE  HUNDRED SEVENTY-FIVE dollars, or by imprisonment
 for not more than fifteen days, or by both such fine  and  imprisonment,
 and  in  addition thereto shall be liable to a civil penalty of not less
 than ten nor more than one hundred FIFTY dollars.
   2. The violation of any of the provisions of  the  following  sections
 shall subject the person guilty thereof to the following civil penalties
 in  addition  to  the  liability  prescribed  in  subdivision  1 of this
 section:
   a. Section 9-1113 of this chapter, [two] THREE dollars per tree;
   b. Subdivision 3 of section  9-1105  of  this  chapter,  [twenty-five]
 THIRTY-SEVEN dollars AND FIFTY CENTS per day;
   c.  Subdivision 4 of section 9-1105 of this chapter, and subdivision 1
 of section 9-1117 of this chapter, [ten] FIFTEEN dollars  per  mile  per
 day;
   d. Section 9-1115 of this chapter, [ten] FIFTEEN dollars per mile;
   e.  Subdivision 2 of section 9-1117 of this chapter, one hundred FIFTY
 dollars per each offense; and
   f. Section 9-1119 of this chapter, one hundred FIFTY dollars  per  day
 per locomotive.
   With  respect to the penalty for violation of subdivision 4 of section
 9-1105 of this chapter, the owner  and  every  person  engaged  in  such
 cutting  shall  be  liable  therefor; however, the liability for penalty
 shall not arise until the  expiration  of  twenty  days  after  service,
 personally  or  by  mail  upon  the alleged violator at [his] THEIR last
 S. 7086--A                          5
 
 known place of residence of a written notice of failure to  comply  with
 the requirements of subdivision 4 of section 9-1105 of this chapter.
   6.  (a)  In  addition to any other penalty provided by law, any person
 who violates subdivision 1 of section 9-0303 of this  chapter  shall  be
 liable  to a civil penalty of [two hundred fifty] THREE HUNDRED SEVENTY-
 FIVE dollars per tree or treble damages, based on the stumpage value  of
 such  tree or both. Where the order or decision finds that the defendant
 established by clear and convincing evidence, that when  such  defendant
 committed  the violation, [he or she] THEY had cause to believe that the
 land was [his or her] THEIR own, or that [he or she] SUCH DEFENDANT  had
 an  easement  or  right  of  way  across  such land which permitted such
 action, damages shall be awarded on the basis of the stumpage  value  of
 such  tree  or  trees  in  the  market  as if they were privately owned.
 Notwithstanding the foregoing, this section shall not  be  construed  to
 authorize  the  cutting  of timber or removal of trees where such action
 would otherwise be violative of any provision of the state  constitution
 or law.
   (b)  In  addition  to  any other penalty provided by law, a person who
 violates section 9-1501 of this chapter shall  be  liable  for  a  civil
 penalty  of  [two  hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars per
 tree or treble damages or both, based on the stumpage value of such tree
 or trees. Where the order or decision finds that  the  defendant  estab-
 lished  by  clear  and  convincing  evidence,  that  when such defendant
 committed the violation, [he or she] THEY had cause to believe that  the
 land  was  [his or her] THEIR own or that [he or she] SUCH DEFENDANT had
 an easement or right of  way  across  such  land  which  permitted  such
 action,  damages  shall be awarded on the basis of the stumpage value of
 such tree or trees. Notwithstanding the foregoing,  this  section  shall
 not  be construed to authorize the cutting of timber or removal of trees
 where such action would otherwise be violative of any provision  of  the
 state constitution or law.
   (c)  For purposes of this subdivision, "stumpage value" shall mean the
 current fair market value of a tree as it stands prior to  the  time  of
 sale,  cutting, or removal. Stumpage value shall be determined by one or
 more of the following methods: the sale price of the tree in  an  arm's-
 length  sale,  a  review  of  solicited  bids, the stumpage price report
 prepared by the department  of  environmental  conservation,  comparison
 with like sales on trees on state or private lands, or other appropriate
 means  to  assure  that  a  fair  market  value is established within an
 acceptable range based on the appropriate geographic area.
   9. a. Any person who transports, sells, imports or introduces invasive
 species, in violation of the regulations promulgated pursuant to section
 9-1709 of this chapter shall be subject to the following:
   For any first violation in lieu of a penalty there  may  be  issued  a
 written warning by the department and there may also be issued education
 materials  at  the  discretion  of the department regarding requirements
 related to invasive species. Such person shall, however, for any  subse-
 quent  violation  thereafter  be  subject to a fine of no less than [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE dollars.
   b. Any nursery grower licensed pursuant to  article  fourteen  of  the
 agriculture  and  markets  law, any person who owns or operates a public
 vessel as such term is defined in paragraph (a) of  subdivision  six  of
 section  two of the navigation law, or any person who owns or operates a
 commercial fishing vessel who transports, sells, imports  or  introduces
 invasive species in violation of the regulations promulgated pursuant to
 section  9-1709  of this chapter, shall be subject to a fine of not less
 S. 7086--A                          6
 
 than [six] NINE hundred dollars upon the first penalty. Upon the  second
 penalty  such  person  shall be subject to a fine of not less than [two]
 THREE thousand dollars. Upon a subsequent penalty and after a hearing or
 opportunity  to  be  heard  upon  due notice the following penalties may
 apply: (i) such nursery grower may be subject to the  revocation  proce-
 dures  of  section  one  hundred  sixty-three-c  of  the agriculture and
 markets law (ii) such person's vessel registration may be  suspended  or
 (iii) such person's fishing permit may be revoked by the department.
   10.  Any  person  who violates section 9-1710 of this chapter shall be
 guilty of a violation and shall be punishable  and  liable  to  a  civil
 penalty as provided in subdivision one of this section, provided, howev-
 er,  that  for  any  first violation in lieu of a penalty there shall be
 issued a written warning by the  department  and  there  shall  also  be
 issued education materials at the discretion of the department regarding
 requirements  related  to invasive species. Such person shall be subject
 to a fine of up to [one hundred fifty]  TWO HUNDRED SEVENTY-FIVE dollars
 for a second offense, up to [two hundred fifty] THREE  HUNDRED  SEVENTY-
 FIVE  dollars  for a third offense, and no less than [two hundred fifty]
 THREE HUNDRED SEVENTY-FIVE dollars nor more  than  [one  thousand]  FIVE
 HUNDRED dollars for a fourth or subsequent offense.
   §  7. Section 71-0707 of the environmental conservation law is amended
 to read as follows:
 § 71-0707. Resisting or obstructing departmental agent or employee.
   Any person who resists or obstructs an authorized agent or employee of
 the department while [he] SUCH AGENT OR EMPLOYEE is engaged in  carrying
 out any provision of section 9-0305 shall be guilty of a violation which
 shall  be  punishable  by a fine not exceeding one hundred FIFTY dollars
 and by an additional fine [of] not exceeding [twenty-five]  THIRTY-SEVEN
 dollars  AND  FIFTY  CENTS for each additional day of such resistance or
 obstruction.
   § 8. Section 71-0709 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0709. Injury to state lands.
   Any person who intentionally or negligently causes a fire which  burns
 on  or  over state lands shall be liable to the state for treble damages
 and, in addition, to a civil penalty of [ten] FIFTEEN dollars for  every
 tree killed or destroyed by such fire. Damages to state lands and timber
 shall be ascertained and determined at the same rate of value as if such
 property were privately owned.
   § 9. Section 71-0711 of the environmental conservation law, as amended
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-0711. Injury to municipal or private lands.
   Any person who causes a fire which burns on or over lands belonging to
 another person or to a municipality shall be liable to the party injured
 (a) for actual damages in case of fire negligently caused or (b) for the
 higher  of actual damages or damages at the rate of [five] SEVEN dollars
 AND FIFTY CENTS for each tree  killed  or  destroyed  in  case  of  fire
 wilfully caused.
   §  10.  Section  71-1105  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-1105. Enforcement of subdivision 4 of section 15-0313.
   Any  violation  of  subdivision  4  of  section  15-0313  shall  be  a
 violation, punishable by a fine of not more than  [one  thousand  eight]
 TWO  THOUSAND SEVEN hundred dollars, and in addition thereto, by a civil
 S. 7086--A                          7
 
 penalty of not more than [one thousand eight] TWO THOUSAND SEVEN hundred
 dollars.
   §  11.  Section  71-1107  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1107. Punishment for violations of title 5 of article 15.
   1.  A  violation of section 15-0501, 15-0503 or 15-0505, shall consti-
 tute a misdemeanor, punishable by a fine of not to exceed [ten]  FIFTEEN
 thousand  dollars,  or by imprisonment not to exceed one year or by both
 such fine and imprisonment and, in addition thereto, by a civil  penalty
 of not more than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   2.  A subcontractor, employee or agent of such person or public corpo-
 ration, or of a state department who knowingly and  intentionally  acts,
 or  a  prime  contractor  of  such  person,  public corporation or state
 department who  acts  with  or  without  an  intention  to  violate  the
 provisions  of  title  5  of  article 15, in disregard of specifications
 provided in a construction contract protecting  against  stream  damage,
 shall  be  guilty  of  a violation punishable by a fine of not less than
 [twenty-five] THIRTY-SEVEN dollars AND FIFTY CENTS, nor more  than  [two
 hundred  fifty]  THREE  HUNDRED SEVENTY-FIVE dollars, or by imprisonment
 for not more than fifteen days, or by both such fine  and  imprisonment,
 and,  in  addition,  thereto,  by a civil penalty of not more than [five
 thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   § 12. Section  71-1109  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1109. Enforcement of subdivisions 1 and 4 of section 15-0507.
   1. Any owner violating subdivision 1 of section 15-0507 or  any  regu-
 lations  promulgated pursuant thereto may be liable for a penalty not to
 exceed [five] SEVEN hundred FIFTY dollars for each  and  every  offense;
 every  violation  of  such  subdivision shall be a separate and distinct
 offense; and in case of a continuing violation, every day's  continuance
 thereof shall be deemed a separate and distinct offense.
   2.  Any owner violating subdivision 4 of section 15-0507 may be liable
 for a penalty not to exceed [five thousand] SEVEN THOUSAND FIVE  HUNDRED
 dollars for each and every offense; every violation of an order referred
 to  in such subdivision shall be a separate and distinct offense; and in
 case of a continuing violation, every day's continuance thereof shall be
 deemed a separate and distinct offense.
   § 13. Section  71-1111  of  the  environmental  conservation  law,  as
 amended  by  chapter  364  of  the  laws  of 1999, is amended to read as
 follows:
 § 71-1111. Enforcement of subdivision 3 of section 15-0511.
   Any person or local public  corporation  violating  subdivision  3  of
 section  15-0511  may  be liable for a penalty not to exceed [five thou-
 sand] SEVEN THOUSAND FIVE HUNDRED dollars for each  and  every  offense;
 every  violation  of an order referred to in such subdivision shall be a
 separate and distinct offense; and in case of  a  continuing  violation,
 every  day's continuance thereof shall be deemed a separate and distinct
 offense.
   § 14. Subdivision 2 of section 71-1113 of the environmental  conserva-
 tion  law,  as  added  by chapter 356 of the laws of 1985, is amended to
 read as follows:
   2. Any person who violates the provisions of section 15-1506  of  this
 chapter  or  the  rules,  regulations,  orders  or determinations of the
 commissioner promulgated thereto or the terms of any permit issued ther-
 S. 7086--A                          8
 
 eunder, shall be liable for a civil penalty not less than  [twenty-five]
 THREE  THOUSAND  SEVEN hundred FIFTY dollars nor more than [ten] FIFTEEN
 thousand dollars per day of such violation.
   §  15.  Section  71-1115  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1115. Enforcement of section 15-1525.
   Any person violating the provisions of section 15-1525 shall be guilty
 of  a  violation punishable by a fine of not more than one thousand FIVE
 HUNDRED dollars, and in addition thereto, shall be liable  for  a  civil
 penalty  of  not  more  than  [fifteen hundred] TWO THOUSAND TWO HUNDRED
 FIFTY dollars.
   § 16. Subdivisions 1 and 2 of section  71-1117  of  the  environmental
 conservation  law,  as  amended  by chapter 640 of the laws of 1977, are
 amended to read as follows:
   1. Any person or public corporation violating subdivision 1 of section
 15-1745, shall be guilty of a violation punishable by a fine of not more
 than [five thousand] SEVEN THOUSAND FIVE HUNDRED dollars.
   2. In addition, the department may, in an action instituted by  it  in
 any  court  of  competent  jurisdiction, recover from any such person or
 public corporation the sum of [one hundred fifty]  TWO  HUNDRED  TWENTY-
 FIVE dollars per day for each day that such person or public corporation
 continues  to  take,  draw, divert or make use of any part or portion of
 such waters.
   § 17. Section  71-1121  of  the  environmental  conservation  law,  as
 amended  by  chapter  640  of  the  laws  of 1977, is amended to read as
 follows:
 § 71-1121. Enforcement of subdivision 2 of section 15-1947.
   Violation of subdivision 2  of  section  15-1947  shall  constitute  a
 violation,  punishable  by  a  fine  of  not more than one thousand FIVE
 HUNDRED dollars, and in addition thereto, a civil penalty  of  not  more
 than [fifteen hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
   §  18.  Section  71-1123  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1123. Enforcement of section 15-2133.
   1.  Any neglect of the provisions of section 15-2133 by any officer or
 person in charge of any reservoir shall be a violation punishable  by  a
 fine of not more than one thousand FIVE HUNDRED dollars, and in addition
 thereto, by a civil penalty of not more than [fifteen hundred] TWO THOU-
 SAND TWO HUNDRED FIFTY dollars.
   2.  Any  person  violating  the provisions of subdivision 3 of section
 15-2133 shall be guilty of a violation punishable by a fine of not  more
 than  one  thousand FIVE HUNDRED dollars, and in addition thereto, shall
 be liable for a civil penalty of not more  than  [fifteen  hundred]  TWO
 THOUSAND TWO HUNDRED FIFTY dollars.
   §  19.  Section  71-1125  of  the  environmental  conservation law, as
 amended by chapter 640 of the laws  of  1977,  is  amended  to  read  as
 follows:
 § 71-1125. Enforcement of section 15-2315.
   Any  person  who  violates  the  provisions  of  the first sentence of
 section 15-2315 shall be guilty of a violation punishable by a  fine  of
 not  more than one thousand FIVE HUNDRED dollars, and in addition there-
 to, shall be liable for a  civil  penalty  of  not  more  than  [fifteen
 hundred] TWO THOUSAND TWO HUNDRED FIFTY dollars.
 S. 7086--A                          9
 
   §  20. Subdivision 1 of section 71-1127 of the environmental conserva-
 tion law, as amended by chapter 401 of the laws of 2011, is  amended  to
 read as follows:
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by article 15 except section  15-1713,  or  who
 violates or who fails to comply with any rule, regulation, determination
 or  order of the department heretofore or hereafter promulgated pursuant
 to article 15 except section 15-1713,  or  any  condition  of  a  permit
 issued  pursuant  to article 15 of this chapter, or any determination or
 order of the former water resources commission or the department hereto-
 fore promulgated pursuant to former article 5 of the  Conservation  Law,
 shall be liable for a civil penalty of not more than [two thousand five]
 THREE  THOUSAND  SEVEN  hundred  FIFTY dollars for such violation and an
 additional civil penalty of not more than  [five]  SEVEN  hundred  FIFTY
 dollars  for  each  day  during  which such violation continues, and, in
 addition thereto, such person  may  be  enjoined  from  continuing  such
 violation as otherwise provided in article 15 except section 15-1713.
   §  21. Section 71-1131 of the environmental conservation law, as added
 by chapter 640 of the laws of 1977, is amended to read as follows:
 § 71-1131. Violations; criminal liability.
   Except as otherwise specifically provided, any person who violates any
 of the provisions of article 15 of this chapter, or any rule, regulation
 or order promulgated pursuant thereto, or the terms of any permit issued
 thereunder shall be guilty of a violation punishable by a  fine  of  not
 more than [five] SEVEN hundred FIFTY dollars.
   §  22. Section 71-1203 of the environmental conservation law, as added
 by chapter 384 of the laws of 1983, is amended to read as follows:
 § 71-1203. Penalties.
   Any person who violates the provisions of article twenty-two  of  this
 chapter  shall be subject to a civil penalty not to exceed [ten] FIFTEEN
 thousand dollars for each day  during  which  such  violation  occurred;
 provided, however, that the total penalty to be imposed shall not exceed
 one million FIVE HUNDRED THOUSAND dollars.
   §  23.  Subdivisions  1  and 3 of section 71-1307 of the environmental
 conservation law, as amended by chapter 99 of  the  laws  of  2010,  are
 amended to read as follows:
   1.  Administrative sanctions. Any person who violates any provision of
 article 23 of this chapter or commits any offense described  in  section
 71-1305  of  this title shall be liable to the people of the state for a
 civil penalty not to exceed [eight] TWELVE thousand dollars and an addi-
 tional penalty of [two] THREE thousand dollars for each day during which
 such violation continues, to be assessed by  the  commissioner  after  a
 hearing  or  opportunity  to  be  heard. The commissioner, acting by the
 attorney general, may bring suit for collection of such  assessed  civil
 penalty  in  any court of competent jurisdiction. Such civil penalty may
 be released or compromised by the commissioner  before  the  matter  has
 been  referred  to  the attorney general; and where such matter has been
 referred to the attorney general, any such penalty may  be  released  or
 compromised  and any action commenced to recover the same may be settled
 and discontinued by the attorney general with the consent of the commis-
 sioner. In addition, the commissioner shall have the power, following  a
 hearing  conducted  pursuant  to  rules  and  regulations adopted by the
 department, to direct the violator to cease the  violation  and  reclaim
 and  repair  the  affected site to a condition acceptable to the commis-
 sioner, to the extent possible within a reasonable time  and  under  the
 direction  and  supervision  of  the commissioner. Any such order of the
 S. 7086--A                         10
 
 commissioner shall be enforceable in any action brought by  the  commis-
 sioner  in  any  court  of  competent jurisdiction. Any civil penalty or
 order issued by the commissioner under this subdivision shall be review-
 able  in  a proceeding under article seventy-eight of the civil practice
 law and rules.
   3. Criminal sanctions. Any person who,  having  any  of  the  culpable
 mental  states  defined  in  sections  15.05 and 20.20 of the penal law,
 violates any provision of article 23 of  this  chapter  or  commits  any
 offense  described in section 71-1305 of this title shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
 not  to  exceed  one  thousand  dollars  for  each day during which such
 violation continues or by imprisonment for a term of not more  than  one
 year,  or by both such fine and imprisonment. If the conviction is for a
 subsequent offense committed after a first  conviction  of  such  person
 under  this  subdivision,  punishment  shall  be by a fine not to exceed
 [eight] TWELVE thousand dollars for each day during which such violation
 continues or by imprisonment for a term of not more than one year, or by
 both such fine and imprisonment.
   § 24. Subdivision 1 of section 71-1707 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Any  person  who  violates,  disobeys  or  disregards  any term or
 provision of this chapter listed in section 71-1701,  or  of  titles  17
 through  21  inclusive of this article or of any lawful notice, order or
 regulation pursuant thereto for which a civil penalty is  not  otherwise
 expressly  prescribed by law, shall be liable to the people of the state
 for a civil penalty of not to exceed one thousand FIVE  HUNDRED  dollars
 for every such violation.
   § 25. Section 71-1711 of the environmental conservation law is amended
 to read as follows:
 § 71-1711. Willful violation of health laws.
   1.  A person who willfully violates or refuses or omits to comply with
 any lawful order or regulation prescribed by any local board  of  health
 or  local  health  officer, is guilty of a misdemeanor; except, however,
 that where such order or regulation applies to a tenant with respect  to
 [his] SUCH TENANT'S own dwelling unit or to an owner occupied one or two
 family  dwelling,  such  person  is  guilty  of an offense for the first
 violation punishable by  a  fine  not  to  exceed  [fifty]  SEVENTY-FIVE
 dollars  and  for a second or subsequent violation is guilty of a misde-
 meanor punishable by a fine not to exceed  [five]  SEVEN  hundred  FIFTY
 dollars or by imprisonment not to exceed six months or by both such fine
 and imprisonment.
   2. A person who willfully violates any provision of this chapter list-
 ed  in  section  71-1701,  or  of titles 17 through 21 inclusive of this
 article, or any regulation lawfully made or established  by  any  public
 officer  or board under authority of such provisions, the punishment for
 violating which is not otherwise prescribed by such  provisions  or  any
 other law, is punishable by imprisonment not exceeding one year, or by a
 fine not exceeding [two] THREE thousand dollars or by both.
   §  26.  Section  71-1725  of  the  environmental  conservation law, as
 amended by chapter 400 of the laws  of  1973,  is  amended  to  read  as
 follows:
 § 71-1725. Assessment of Penalties.
   The  commissioner may assess any penalty prescribed for a violation of
 or a failure to comply with any provision contained  in  this  title  or
 listed  in  section  71-1701,  or any lawful notice, order or regulation
 prescribed by the commissioner under any such  provision,  one  thousand
 S. 7086--A                         11
 
 FIVE  HUNDRED dollars for every such violation or failure, which penalty
 may be assessed after a hearing or an opportunity to be heard.
   § 27. Section 71-1905 of the environmental conservation law is amended
 to read as follows:
 § 71-1905. Enforcement of section 17-1705.
   Any person violating any provision of section 17-1705 shall forfeit to
 the  county where the violation occurred the sum of [fifty] SEVENTY-FIVE
 dollars for every such violation.
   § 28. Subdivision 1 of section 71-1907 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Every  person  violating  any  provision  of section 17-1707 shall
 forfeit to the municipality having a local board  of  health  where  the
 violation occurs the sum of [twenty-five] THIRTY-SEVEN dollars AND FIFTY
 CENTS  for  the first day when the violation takes place, and the sum of
 [ten] FIFTEEN dollars for every subsequent day that  such  violation  is
 repeated or continued.
   §  29. Subdivision 2 of section 71-1909 of the environmental conserva-
 tion law, as amended by section 35 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   2.  Any  person  violating  any  provision of section 17-1709 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [seven hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars or by
 imprisonment  for not more than one year or by both such fine and impri-
 sonment.
   § 30. Section  71-1911  of  the  environmental  conservation  law,  as
 amended  by  section  36 of part C of chapter 62 of the laws of 2003, is
 amended to read as follows:
 §  71-1911. Enforcement of section 17-1711.
   Any person violating any provision of section 17-1711 shall be  guilty
 of  an offense, and punishable by a fine of not more than [seventy-five]
 ONE HUNDRED TWELVE dollars AND FIFTY CENTS.
   § 31. Subdivision 2 of section 71-1913 of the environmental  conserva-
 tion law is amended to read as follows:
   2.  Any  person  violating  any  provision of section 17-1713 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [five]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
 one year or by both such fine and imprisonment.
   § 32. Subdivision 1 of section 71-1915 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Any  person  violating  any  provision of section 17-1715 shall be
 guilty of a misdemeanor, and punishable by  a  fine  of  not  more  than
 [five]  SEVEN hundred FIFTY dollars or by imprisonment for not more than
 one year or by both such fine and imprisonment.
   § 33. Subdivision 1 of section 71-1921 of the environmental  conserva-
 tion law is amended to read as follows:
   1.  Any  person  putting  in or constructing or maintaining a conduit,
 discharge pipe or other means of discharging or casting  any  refuse  or
 waste matter in violation of section 17-1729 shall forfeit to the people
 of the state [five] SEVEN dollars AND FIFTY CENTS a day for each day the
 same  is  used  or  maintained  for  such purpose, to be collected in an
 action brought by the commissioner.
   § 34. Subdivision 1 of section 71-1929 of the environmental  conserva-
 tion  law,  as amended by section 37 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   1. A person who violates any of the provisions of,  or  who  fails  to
 perform  any  duty imposed by titles 1 through 11 inclusive and title 19
 S. 7086--A                         12
 
 of article 17, or the rules, regulations, orders  or  determinations  of
 the  commissioner  promulgated thereto or the terms of any permit issued
 thereunder, shall be liable to a penalty of not to exceed  [thirty-seven
 thousand  five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per
 day for each violation, and, in addition thereto,  such  person  may  be
 enjoined   from  continuing  such  violation  as  hereinafter  provided.
 Violation of a permit condition shall constitute grounds for  revocation
 of  such permit, which revocation may be accomplished either as provided
 in paragraph f of subdivision 4 of section 17-0303 or by order of  judg-
 ment of the supreme court as an alternate or additional civil penalty in
 an action brought pursuant to subdivision 3 of this section.
   § 35. Subdivision 1 and subparagraphs i, ii, iii and iv of paragraph b
 of  subdivision  8  of section 71-1933 of the environmental conservation
 law, subdivision 1 as amended by section 38 and subparagraphs i, ii, iii
 and iv of paragraph b of subdivision 8 as amended by section 39 of  part
 C of chapter 62 of the laws of 2003, are amended to read as follows:
   1. 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
 titles 1 through 5, 9 through 11 and 19 of  article  17  or  the  rules,
 regulations,  orders  or  determinations of the commissioner promulgated
 thereto, or the terms of any permit issued thereunder, shall  be  guilty
 of  a  misdemeanor  and, upon conviction thereof, shall be punished by a
 fine of not less than [three thousand seven hundred fifty] FIVE THOUSAND
 SIX HUNDRED TWENTY-FIVE dollars nor  more  than  [thirty-seven  thousand
 five  hundred]  FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of
 violation or by imprisonment for a term of not more than one year, or by
 both such fine and imprisonment. If the conviction  is  for  an  offense
 committed  after  a  first conviction of such person under this subdivi-
 sion, punishment shall be by a fine of not more than [seventy-five thou-
 sand] ONE HUNDRED TWELVE  THOUSAND  FIVE  HUNDRED  dollars  per  day  of
 violation, or by imprisonment for not more than two years, or by both.
   i.  [$750,000]  $1,125,000 for a class C felony committed by an organ-
 ization as defined in section 71-1932 of this title;
   ii. [$375,000] $562,500 for a class C felony;
   iii. [$75,000] $112,500 per day of continuing violation for a class  E
 felony  defined  under  subdivision four of this section but in no event
 less than [$7,500] $11,250; and [$15,000] $22,500 for a class  E  felony
 defined under subdivision seven of this section;
   iv.  [$37,500]  $56,250  per day of continuing violation for a class A
 misdemeanor but in no event less than [$3,750] $5,625.
   § 36. Paragraph b of subdivision 3 of section 71-1939 of the  environ-
 mental conservation law, as added by chapter 543 of the laws of 2010, is
 amended to read as follows:
   b.  All  fines  and  penalties  collected pursuant to this subdivision
 shall be paid to the district or county, provided,  however,  that  one-
 quarter  of  such  fines  and  penalties  received  shall be paid to the
 [general fund to the credit of the state purposes account]  CONSERVATION
 FUND  TO  THE CREDIT OF THE CONSERVATION ENFORCEMENT ACCOUNT ESTABLISHED
 PURSUANT TO SUBDIVISION (K) OF SECTION EIGHTY-THREE OF THE STATE FINANCE
 LAW.
   § 37. Subdivision 1 of section 71-1941 of the environmental  conserva-
 tion  law,  as amended by section 40 of part C of chapter 62 of the laws
 of 2003, is amended to read as follows:
   1. Except where the owner of or a person  in  actual  or  constructive
 possession  or control of more than one thousand one hundred gallons, in
 bulk, of any liquid including petroleum which,  if  released,  would  or
 S. 7086--A                         13

 would  be  likely  to pollute the lands or waters of the state including
 the groundwaters thereof can prove that the entry  or  presence  of  any
 part of such liquid onto such lands or into or in such waters causing or
 contributing  to  a  condition therein in contravention of the standards
 adopted or deemed adopted by the water pollution control board or any of
 its legal successors was caused solely by (A) an act of God, (B) an  act
 of  war,  (C)  negligence  on  the part of the United States or New York
 State Government or (D) an act or omission  of  a  third  party  without
 regard  to whether any such act or omission was or was not negligent, or
 any combination of the foregoing clauses, such owner or person shall  be
 liable  for  a  penalty  of  not more than [three thousand seven hundred
 fifty] FIVE THOUSAND SIX HUNDRED  TWENTY-FIVE  dollars  for  an  initial
 incident resulting in or contributing to such a contravention and for an
 additional  penalty not to exceed [seven hundred fifty] ONE THOUSAND ONE
 HUNDRED TWENTY-FIVE dollars for each day during which such contravention
 or contribution thereto continues, and in addition shall  be  liable  to
 the  people of the state of New York for the actual costs incurred by or
 on behalf of the people of the state for the removal  or  neutralization
 of  such  liquid  and  for  any  and  all  reasonable  measures taken or
 attempted to reduce, limit or diminish the  extent  or  effect  of  such
 contravention.
   §  38.  Section  71-1943  of  the  environmental  conservation law, as
 amended by section 41 of part C of chapter 62 of the laws  of  2003,  is
 amended to read as follows:
 § 71-1943. Enforcement of section 17-1743.
   Any  person  who  fails  to  so notify the department of such release,
 discharge or spill into the waters of the state as described in  section
 17-1743  of  this chapter shall, upon conviction, be fined not more than
 [three thousand seven hundred fifty] FIVE THOUSAND SIX  HUNDRED  TWENTY-
 FIVE dollars or imprisoned for not more than one year, or both.
   §  39. Section 71-1945 of the environmental conservation law, as added
 by chapter 205 of the laws of 2010, is amended to read as follows:
 § 71-1945. Enforcement of title 21 of article 17.
   1. Except as otherwise  provided  in  this  section,  any  person  who
 violates  any provision of title 21 of article 17 of this chapter or any
 rule, regulation or order issued  thereunder  shall  be  liable  to  the
 people  of  the  state  for  a  civil penalty not to exceed [five] SEVEN
 hundred FIFTY dollars for a first violation, and not to exceed one thou-
 sand FIVE HUNDRED dollars for each subsequent violation, to be  assessed
 by the commissioner after a hearing or opportunity to be heard.
   2. Any owner or owner's agent, or occupant of a household who violates
 any  provision  of  title  21 of article 17 of this chapter or any rule,
 regulation or order issued thereunder shall, for a  first  violation  be
 issued  a  written warning and be provided educational materials. Upon a
 second violation, the owner or owner's agent, or occupant of a household
 shall be liable to the people of the state for a civil  penalty  not  to
 exceed  one  hundred  FIFTY  dollars,  and for any subsequent violations
 shall be liable to the people of the state for a civil  penalty  not  to
 exceed  [two  hundred fifty] THREE HUNDRED TWENTY-FIVE dollars. No owner
 or owner's agent of a household shall be held liable for  any  violation
 by an occupant. Such penalties may be assessed by the commissioner after
 a hearing or opportunity to be heard.
   §  40. Subdivision 1 of section 71-2103 of the environmental conserva-
 tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
 read as follows:
 S. 7086--A                         14
 
   1.  Except as provided in section 71-2113, any person who violates any
 provision of article nineteen or any code, rule or regulation which  was
 promulgated  pursuant  thereto;  or  any order except an order directing
 such person to pay a penalty by a specified date issued by  the  commis-
 sioner  pursuant  thereto,  shall  be  liable,  in  the  case of a first
 violation, for a penalty  not  less  than  [five]  SEVEN  hundred  FIFTY
 dollars  nor more than [eighteen] TWENTY-SEVEN thousand dollars for said
 violation and an additional penalty of not to exceed [fifteen  thousand]
 TWENTY  THOUSAND  FIVE  HUNDRED  dollars  for each day during which such
 violation continues. In the case of a second or any  further  violation,
 the  liability shall be for a penalty not to exceed [twenty-six] THIRTY-
 NINE thousand dollars for said violation and an additional  penalty  not
 to exceed [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues. In addition thereto, such person may be  enjoined  from  continuing
 such violation as hereinafter provided.
   §  41. Subdivision 1 of section 71-2105 of the environmental conserva-
 tion law, as amended by chapter 99 of the laws of 2010,  is  amended  to
 read as follows:
   1. Except as provided in section 71-2113, any person who shall wilful-
 ly  violate  any  of  the  provisions of article 19 or any code, rule or
 regulation promulgated pursuant thereto or any  final  determination  or
 order of the commissioner made pursuant to article 19 shall be guilty of
 a  misdemeanor,  and,  upon  conviction  thereof, shall be punished by a
 fine, in the case of a first conviction, of not less than  [five]  SEVEN
 hundred  FIFTY  dollars  nor  more than [eighteen] TWENTY-SEVEN thousand
 dollars or by imprisonment for a term of not more than one year,  or  by
 both  such  fine  and  imprisonment, for each separate violation. If the
 conviction is for an offense committed after  the  first  conviction  of
 such  person  under this subdivision, such person shall be punished by a
 fine not to exceed [twenty-six]  THIRTY-NINE  thousand  dollars,  or  by
 imprisonment,  or  by both such fine and imprisonment. Each day on which
 such violation occurs shall constitute a separate violation.
   § 42. Section 71-2111 of the environmental conservation law, as  added
 by chapter 400 of the laws of 1973, is amended to read as follows:
 § 71-2111. Enforcement of air pollution emergency rules and regulations.
   Any  person  who  violates  any  of  the  provisions of any regulation
 promulgated by the commissioner under authority of paragraph y of subdi-
 vision one of section 3-0301 shall be liable for a civil penalty of  not
 more  than  [twenty-five] THREE THOUSAND SEVEN hundred FIFTY dollars for
 each such violation and an additional penalty of not  more  than  [five]
 SEVEN  hundred  FIFTY  dollars  for each day during which such violation
 continues, and, in addition thereto, such persons may be  enjoined  from
 continuing  such  violation.  Penalties  and  injunctive relief provided
 herein shall be recoverable in an action brought by the attorney general
 at the request and in the name of the commissioner.
   § 43. Section 71-2113 of the environmental conservation law, as  added
 by  chapter 942 of the laws of 1984, subdivision 1 as amended by section
 23 and subdivision 2 as amended by section 24 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2113. Violations of section 19-0304 of article 19 of this chapter.
   1. Civil and administrative sanctions. Any person who violates any  of
 the  provisions  of, or who fails to perform any duty imposed by section
 19-0304 of this chapter, 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 commission-
 S. 7086--A                         15
 
 er made pursuant to article 19 of this chapter concerning a violation of
 section 19-0304 of this chapter shall be liable in the case of  a  first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred]  FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
 penalty of not more than [thirty-seven thousand five hundred]  FIFTY-SIX
 THOUSAND  TWO  HUNDRED  FIFTY  dollars  for  each  day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity 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
 71-2107  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. In the case of a second and any
 further violation, the liability shall be for a  civil  penalty  not  to
 exceed  [seventy-five]  ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars
 for each such violation and an additional penalty not to  exceed  seven-
 ty-five  thousand  dollars  for  each  day  during  which such violation
 continues.
   2. Criminal sanctions. 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
 section 19-0304 of this chapter, or any rules and regulations promulgat-
 ed  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 article 19 of this chapter concerning
 a violation of section 19-0304 of this chapter  shall  be  guilty  of  a
 misdemeanor  and,  upon conviction thereof, shall for a first conviction
 be punished by a fine not to exceed [thirty-seven thousand five hundred]
 FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars per day of violation or  by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment.  If  the  conviction  is  for an offense committed after a
 first conviction of such person under this subdivision, punishment shall
 be by a fine not to exceed [seventy-five] ONE  HUNDRED  TWELVE  thousand
 FIVE  HUNDRED  dollars  per day of violation, or by imprisonment for not
 more than two years or by both such fine and imprisonment.
   § 44. Section 71-2201 of the environmental conservation law, as  added
 by  chapter  740 of the laws of 1978, the opening paragraph and subdivi-
 sion 1 as amended and subdivision 3 as added by chapter 901 of the  laws
 of  1983,  subdivision 4 as added by chapter 294 of the laws of 1991, is
 amended to read as follows:
 § 71-2201. Enforcement of title 23 of article 23 of this chapter.
   Administrative and civil sanctions. 1. Any person who violates any  of
 the  provisions of, or who fails to perform any duty imposed by title 23
 of article 23 except the duty to accept used  oil  pursuant  to  section
 23-2307  or  any  person subject to section 23-2308 or any rule or regu-
 lation promulgated pursuant thereto, or any term  or  condition  of  any
 certificate  or  permit  issued  pursuant thereto, or any final determi-
 nation or order of the commissioner made pursuant to this section  shall
 be  liable  for  a civil penalty not to exceed one thousand FIVE HUNDRED
 dollars for each such violation and an additional penalty  of  not  more
 than  [five]  SEVEN hundred FIFTY dollars for each day during which such
 violation continues, to be assessed by the commissioner after a  hearing
 or opportunity to be heard pursuant to the provisions of section 71-1709
 of  this  chapter,  and, in addition thereto, such person may by similar
 process be enjoined from continuing such violation  and  any  permit  or
 S. 7086--A                         16
 
 certificate issued to such person may be revoked or suspended or a pend-
 ing renewal application denied.
   2.  Any  person who refuses to accept used oil as required pursuant to
 subdivision two of section 23-2307 shall be liable for a  civil  penalty
 not to exceed one hundred FIFTY dollars.
   3.  Any  person  who violates any provision of section 23-2308 of this
 chapter shall be subject to a civil penalty not to exceed  [two  hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for each violation.
   4.  Notwithstanding  any  other provision of law, any person who shall
 violate the provisions of  paragraph  [(c)]  C  of  subdivision  one  of
 section  23-2307  or  paragraph  [(d)]  D  of subdivision two of section
 23-2307 of this chapter shall be liable for a civil penalty of not  more
 than [five] SEVEN hundred FIFTY dollars, and an additional civil penalty
 of  not more than [five] SEVEN hundred FIFTY dollars for each day during
 which such violation continues, not to  exceed  [ten]  FIFTEEN  thousand
 dollars.
   §  45.  Section  71-2303  of  the  environmental  conservation law, as
 amended by chapter 99 of the laws of  2010,  subdivisions  1  and  2  as
 amended  by  section 15 of part QQ of chapter 58 of the laws of 2022, is
 amended to read as follows:
 § 71-2303. Violation; penalties.
   1. Civil sanctions. a. Any person who violates, disobeys or disregards
 any provision of article twenty-four, including title five  and  section
 24-0507  thereof  or  any  rule  or  regulation, local law or ordinance,
 permit or order issued pursuant thereto, shall be liable to  the  people
 of the state for a civil penalty of not to exceed [eleven] SIXTEEN thou-
 sand  FIVE  HUNDRED  dollars  for  every such violation, to be assessed,
 after a hearing or opportunity to be heard upon due notice and with  the
 rights  to specification of the charges and representation by counsel at
 such hearing, by the commissioner or local government or  in  an  action
 initiated  by  the  attorney general pursuant to section 71-2305 of this
 title or on the attorney general's own initiative. Each violation  shall
 be  a  separate  and distinct violation and, in the case of a continuing
 violation, each day's continuance thereof shall be deemed a separate and
 distinct violation. Such penalty assessed by the commissioner  or  local
 government may be recovered in an action brought by the attorney general
 at  the  request and in the name of the commissioner or local government
 in any court of  competent  jurisdiction.  Such  civil  penalty  may  be
 released  or  compromised by the commissioner or local government before
 the matter has been referred to the attorney  general;  and  where  such
 matter  has  been referred to the attorney general, any such penalty may
 be released or compromised and any action commenced to recover the  same
 may be settled and discontinued by the attorney general with the consent
 of  the  commissioner or local government. In addition, the commissioner
 or local government shall  have  power,  following  a  hearing  held  in
 conformance  with  the  procedures  set forth in section 71-1709 of this
 article, to direct the violator  to  cease  violating  the  act  and  to
 restore  the  affected  freshwater wetland to its condition prior to the
 violation, insofar as that is possible  within  a  reasonable  time  and
 under  the supervision of the commissioner or local government. Any such
 order of the commissioner or local government shall be enforceable in an
 action brought by the attorney general at the request and in the name of
 the commissioner or local government in any court of competent jurisdic-
 tion. Any civil penalty or order issued by  the  commissioner  or  local
 government  pursuant  to  this  subdivision  shall  be  reviewable  in a
 S. 7086--A                         17
 
 proceeding pursuant to article seventy-eight of the civil  practice  law
 and rules.
   b. Upon determining that significant damage to the functions and bene-
 fits  of a freshwater wetland is occurring or is imminent as a result of
 any violation of article twenty-four of this chapter, including but  not
 limited  to  (i)  activity taking place requiring a permit under article
 twenty-four of this chapter but for which no permit has been granted  or
 (ii)  failure on the part of a permittee to adhere to permit conditions,
 the commissioner or local government shall  have  power  to  direct  the
 violator  to  cease and desist from violating the act. In such cases the
 violator shall be provided an opportunity to be heard within ten days of
 receipt of the notice to cease and desist.
   2. Criminal sanctions. Any person who violates any provision of  arti-
 cle twenty-four of this chapter, including any rule or regulation, local
 law  or  ordinance,  permit  or order issued pursuant thereto, shall, in
 addition, for the first offense, be guilty of a violation punishable  by
 a  fine of not less than [two] THREE thousand nor more than [five] SEVEN
 thousand FIVE HUNDRED dollars; for a second and each subsequent  offense
 [he]  SUCH  PERSON shall be guilty of a misdemeanor punishable by a fine
 of not less than [four] SIX thousand nor more than [ten]  FIFTEEN  thou-
 sand dollars or a term of imprisonment of not less than fifteen days nor
 more  than  six  months  or  both. In addition to these punishments, any
 offender may be punishable by being ordered by the court to restore  the
 affected  freshwater  wetland or adjacent area to its condition prior to
 the offense, insofar as that is possible.  The  court  shall  specify  a
 reasonable  time  for the completion of such restoration, which shall be
 effected under the supervision of the commissioner or local  government.
 Each  offense  shall be a separate and distinct offense and, in the case
 of a continuing offense, each day's continuance thereof shall be  deemed
 a separate and distinct offense.
   3. All fines collected pursuant to this section shall be paid into the
 environmental  protection  fund  established pursuant to section ninety-
 two-s of the state finance law.
   § 46. Paragraph a of  subdivision  1  and  subdivision  2  of  section
 71-2503 of the environmental conservation law, as amended by chapter 666
 of the laws of 1989, are amended to read as follows:
   a.  Any  person  who violates, disobeys or disregards any provision of
 article twenty-five shall be liable to the people of  the  state  for  a
 civil  penalty of not to exceed [ten] FIFTEEN thousand dollars for every
 such violation, to be assessed, after a hearing  or  opportunity  to  be
 heard,  by  the  commissioner.  Each  violation  shall be a separate and
 distinct violation and, in the case  of  a  continuing  violation,  each
 day's  continuance  thereof  shall  be  deemed  a  separate and distinct
 violation.  The penalty may be recovered in an  action  brought  by  the
 commissioner  in any court of competent jurisdiction. Such civil penalty
 may be released or compromised by the commissioner before the matter has
 been referred to the attorney general; and where such  matter  has  been
 referred  to  the  attorney general, any such penalty may be released or
 compromised and any action commenced to recover the same may be  settled
 and discontinued by the attorney general with the consent of the commis-
 sioner.
   2.  Criminal sanctions. Any person who violates any provision of arti-
 cle twenty-five shall, in addition, for the first offense, be guilty  of
 a  violation  punishable by a fine of not less than [five] SEVEN hundred
 FIFTY nor more than [five] SEVEN thousand FIVE HUNDRED  dollars;  for  a
 second  and  each  subsequent  offense  such person shall be guilty of a
 S. 7086--A                         18
 
 misdemeanor punishable by a fine of not less than one thousand nor  more
 than  [ten]  FIFTEEN  thousand  dollars or a term of imprisonment of not
 less than fifteen days nor more than six months or both. In addition  to
 or  instead  of  these  punishments, any offender shall be punishable by
 being ordered by the court to restore the affected tidal wetland or area
 immediately adjacent thereto to its  condition  prior  to  the  offense,
 insofar  as  that is possible. The court shall specify a reasonable time
 for the completion of the restoration, which shall be effected under the
 supervision of the commissioner. Each offense shall be  a  separate  and
 distinct  offense  and,  in the case of a continuing offense, each day's
 continuance thereof shall be deemed a separate and distinct offense.
   § 47. Section  71-2505  of  the  environmental  conservation  law,  as
 amended  by  chapter  249  of  the  laws  of 1997, is amended to read as
 follows:
 § 71-2505. Enforcement.
   The attorney general, on [his] THEIR own initiative or at the  request
 of  the  commissioner, shall prosecute persons who violate article twen-
 ty-five.  In addition the attorney general, on [his]  THEIR  own  initi-
 ative  or  at  the  request of the commissioner, shall have the right to
 recover a civil penalty of up to  [ten]  FIFTEEN  thousand  dollars  for
 every  violation of any provision of such article, and to seek equitable
 relief to restrain any violation or threatened violation of such article
 and to require the restoration of any affected  tidal  wetland  or  area
 immediately  adjacent  thereto  to its condition prior to the violation,
 insofar as that is possible, within a  reasonable  time  and  under  the
 supervision  of the commissioner. In the case of a continuing violation,
 each day's continuance thereof shall be deemed a separate  and  distinct
 violation.
   §  48. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental
 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] ELEVEN THOUSAND TWO
 HUNDRED FIFTY dollars for each such violation and an additional  penalty
 of  not  more  than [one thousand five hundred] TWO 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.
   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-
 S. 7086--A                         19
 
 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] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE dollars for each such
 violation and an additional penalty of not more  than  [eleven  thousand
 two  hundred  fifty] SIXTEEN THOUSAND EIGHT HUNDRED SEVENTY-FIVE 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] THIRTY-THREE THOUSAND  SEVEN  HUNDRED
 FIFTY  dollars  for each such violation and an additional penalty of not
 more than [twenty-two thousand five hundred] THIRTY-THREE THOUSAND SEVEN
 HUNDRED FIFTY dollars for each day during which such  violation  contin-
 ues, 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.
   c.  The  court in any action or proceeding pursuant to section 71-2727
 of this chapter 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] TWO THOUSAND TWO HUNDRED FIFTY dollars
 nor more than [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars per day
 of violation or by imprisonment for not more than  fifteen  days  or  by
 both such fine and imprisonment.
   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] FIVE THOUSAND SIX
 HUNDRED TWENTY-FIVE dollars per day nor more than  [twenty-two  thousand
 five  hundred] THIRTY-THREE THOUSAND SEVEN HUNDRED FIFTY 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
 S. 7086--A                         20
 
 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] FIVE THOUSAND SIX HUNDRED TWENTY-FIVE dollars per day nor
 more than [thirty-seven thousand five hundred]  FIFTY-SIX  THOUSAND  TWO
 HUNDRED  FIFTY  dollars  per  day of violation, or by imprisonment for a
 term in accordance with the penal law, or by both such fine  and  impri-
 sonment.
   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] FIVE THOUSAND
 SIX  HUNDRED  TWENTY-FIVE  dollars  per  day nor more than [thirty-seven
 thousand five hundred] FIFTY-SIX THOUSAND TWO HUNDRED FIFTY 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] ELEVEN THOUSAND TWO HUNDRED FIFTY dollars per day nor more than
 [seventy-five]  ONE HUNDRED TWELVE 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.
   3. Additional sanctions. Any person who violates any of the provisions
 of, or who fails to perform any duty imposed by title 7 of  article  27,
 with  regard  to  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  certif-
 icate  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] TWENTY-TWO thousand FIVE
 HUNDRED dollars and each day of such deposition shall constitute a sepa-
 rate violation and said civil penalty is in addition to any other  fines
 or penalties which may be applied pursuant to this title.
   §  49. Section 71-2705 of the environmental conservation law, as added
 by chapter 550 of the laws of 1980, subdivision 1 as amended by  section
 30 and subdivision 2 as amended by section 31 of part C of chapter 62 of
 the laws of 2003, is amended to read as follows:
 § 71-2705. Violations of titles 9, 11 and 13 of article 27 of this chap-
              ter.
   1.  Civil and administrative sanctions. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by titles 9,
 11 and 13 of article 27 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 commission-
 er made pursuant to this title shall be liable in the case  of  a  first
 violation, for a civil penalty not to exceed [thirty-seven thousand five
 hundred]  FIFTY-SIX THOUSAND TWO HUNDRED FIFTY dollars and an additional
 penalty of not more than [thirty-seven thousand five hundred]  FIFTY-SIX
 THOUSAND  TWO  HUNDRED  FIFTY  dollars  for  each  day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 S. 7086--A                         21
 
 tunity 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. In the case of a second and any
 further  violation,  the  liability  shall be for a civil penalty not to
 exceed [seventy-five] ONE HUNDRED TWELVE thousand FIVE  HUNDRED  dollars
 for  each such violation and an additional penalty not to exceed [seven-
 ty-five] ONE HUNDRED TWELVE thousand FIVE HUNDRED dollars for  each  day
 during which such violation continues.
   2.  Criminal  sanctions.  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
 titles 9, 11 and 13 of article 27 or any rules and  regulations  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 guilty of a misde-
 meanor  and,  upon  conviction  thereof, shall for a first conviction be
 punished by a fine not to exceed [thirty-seven  thousand  five  hundred]
 FIFTY-SIX  THOUSAND TWO HUNDRED FIFTY dollars per day of violation or by
 imprisonment for a term of not more than one year, or both such fine and
 imprisonment. If the conviction is for  an  offense  committed  after  a
 first conviction of such person under this subdivision, punishment shall
 be  by  a  fine not to exceed [seventy-five] ONE HUNDRED TWELVE thousand
 FIVE HUNDRED dollars per day of violation, or by  imprisonment  for  not
 more than two years or by both such fine and imprisonment.
   §  50. Subdivision 2 of section 71-2721 of the environmental conserva-
 tion law, as amended by section 32 of part C of chapter 62 of  the  laws
 of 2003, is amended to read as follows:
   2.  Fines.  A  sentence  to  pay  a fine shall be a sentence to pay an
 amount fixed by the court, not exceeding the higher of:
   (a) [Three] FOUR hundred FIFTY thousand dollars for a class C felony;
   (b) [Two hundred  twenty-five  thousand]  THREE  HUNDRED  THIRTY-SEVEN
 THOUSAND FIVE HUNDRED dollars for a class D felony;
   (c)  [One  hundred  fifty  thousand]  TWENTY-TWO THOUSAND FIVE HUNDRED
 dollars for a class E felony;
   (d)  [Thirty-seven  thousand  five  hundred]  FIFTY-SIX  THOUSAND  TWO
 HUNDRED FIFTY dollars for a class A misdemeanor;
   (e)  [Fifteen]  TWENTY-TWO thousand FIVE HUNDRED dollars for a class B
 misdemeanor; or
   (f) Double the amount of the defendant's gain from the  commission  of
 the crime.
   §  51. Subdivisions 1, 2 and 5 of section 71-2722 of the environmental
 conservation law, subdivision 1 as amended by section 33 and subdivision
 2 as amended by section 34 of part C of chapter 62 of the laws of  2003,
 and  subdivision  5  as  added  by  chapter 152 of the laws of 1990, are
 amended to read as follows:
   1. Any person who knowingly  or  intentionally  violates  any  of  the
 provisions  or  fails  to perform any duty imposed by section 27-1701 of
 this chapter, except the duty to accept a lead-acid battery pursuant  to
 subdivision  four  of  such section, shall be liable for a civil penalty
 not to exceed [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY  CENTS
 for  each  violation, provided that such civil penalty shall be in addi-
 tion to any other penalties authorized under other state or  local  laws
 governing the illegal disposal of lead-acid batteries.
 S. 7086--A                         22
 
   2.  Any  retailer  or  distributor  who  refuses to accept a lead-acid
 battery as required pursuant to subdivision four of section  27-1701  of
 this  chapter  shall  be liable for a civil penalty not to exceed [seven
 hundred fifty] ONE THOUSAND ONE HUNDRED TWENTY-FIVE dollars.
   5.  All  civil penalties and fines collected for any violation of such
 title seventeen shall be paid over to the commissioner  for  deposit  in
 the  [general  fund] CONSERVATION FUND TO THE CREDIT OF THE CONSERVATION
 ENFORCEMENT ACCOUNT ESTABLISHED PURSUANT TO SUBDIVISION (K)  OF  SECTION
 EIGHTY-THREE  OF THE STATE FINANCE LAW; provided however, that all civil
 penalties collected for any violation of such title seventeen which have
 been imposed by the environmental control board of the city of New York,
 or a local adjudicatory  body  pursuant  to  subdivision  four  of  this
 section, shall be paid into an environmental fund of such city or local-
 ity.
   §  52.  Subdivisions  1  and 2 of section 71-2724 of the environmental
 conservation law, as amended by chapter 30 of  the  laws  of  2020,  are
 amended to read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or  fails  to  perform  any duty pursuant to title twenty-one of article
 twenty-seven of this chapter, except subdivision one of section  27-2105
 of  this  chapter,  shall  upon the first finding of such a violation be
 liable for a civil penalty not to exceed one hundred FIFTY dollars.  Any
 person convicted of a second or subsequent violation shall be liable for
 a  civil  penalty  not  to exceed [five] SEVEN hundred FIFTY dollars for
 each violation.
   2. Any person who knowingly or  intentionally  violates  or  fails  to
 perform  any  duty imposed by subdivision one of section 27-2105 of this
 chapter shall upon the first finding of such  a  violation  be  provided
 with  educational  materials  describing  the  requirements  for mercury
 disposal and the effects of improper mercury  disposal,  and  be  warned
 that  future  violations  shall  result in the imposition of a fine. Any
 person convicted of a second violation  shall  be  liable  for  a  civil
 penalty not to exceed [fifty] SEVENTY-FIVE dollars. Any person convicted
 of  a  third violation shall be liable for a civil penalty not to exceed
 [seventy-five] ONE HUNDRED TWELVE dollars AND FIFTY  CENTS.  Any  person
 convicted  of  a  fourth  or  subsequent violation shall be liable for a
 civil penalty not to exceed one hundred dollars for each violation.
   § 53. Subdivision 1 of section 71-2728 of the environmental  conserva-
 tion  law,  as  added  by chapter 641 of the laws of 2008, is amended to
 read as follows:
   1. Any person who knowingly or intentionally violates any provision of
 or fails to perform any duty imposed pursuant to title 27 of article  27
 of  this  chapter  shall  upon  the first finding of such a violation be
 provided with a warning that future violations shall result in the impo-
 sition of a fine. Any person convicted of a second  violation  shall  be
 liable  for a civil penalty not to exceed one hundred FIFTY dollars. Any
 person convicted of a third or subsequent violation shall be liable  for
 a civil penalty not to exceed [five] SEVEN hundred FIFTY dollars.
   §  54. Section 71-2729 of the environmental conservation law, as added
 by chapter 99 of the laws of 2010, is amended to read as follows:
 § 71-2729. Enforcement of title 26 of article 27 of this chapter.
   1. a. Any consumer, as defined in title twenty-six of article  twenty-
 seven  of  this  chapter,  who  violates  any  provision of, or fails to
 perform any duty imposed by, section 27-2611 of this chapter,  shall  be
 liable  for  a civil penalty not to exceed one hundred FIFTY dollars for
 each violation.
 S. 7086--A                         23
 
   b. Any person, except a consumer, manufacturer, or an owner or  opera-
 tor  of  an  electronic  waste collection site, electronic waste consol-
 idation facility, or electronic waste recycling facility as these  terms
 are defined in title twenty-six of article twenty-seven of this chapter,
 who  violates  any  provision,  or  fails to perform any duty imposed by
 section 27-2611 of this chapter, shall be liable for a civil penalty not
 to exceed [two hundred fifty] THREE  HUNDRED  SEVENTY-FIVE  dollars  for
 each violation.
   c.  Any  manufacturer,  or  any  person  operating an electronic waste
 collection site, an electronic waste consolidation facility, or an elec-
 tronic waste recycling facility as those  terms  are  defined  in  title
 twenty-six of article twenty-seven of this chapter, who:
   i.  fails to submit any report, registration, fee, or surcharge to the
 department as required by title twenty-six of  article  twenty-seven  of
 this chapter shall be liable for a civil penalty not to exceed one thou-
 sand  FIVE  HUNDRED dollars for each day such report, registration, fee,
 or surcharge is not submitted; and
   ii. violates any other provision of title twenty-six of article  twen-
 ty-seven  of  this  chapter or fails to perform any duty imposed by such
 title, except for subdivision four of section 27-2603 of  this  chapter,
 shall be liable for a civil penalty for each violation not to exceed one
 thousand  FIVE  HUNDRED  dollars  for the first violation, [two thousand
 five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY dollars for the  second
 violation  and  [five] SEVEN thousand FIVE HUNDRED dollars for the third
 and subsequent violations of this title within a twelve-month period.
   d. Any retailer, as defined by section 27-2601 of  this  chapter,  who
 violates  any  provision  of title twenty-six of article twenty-seven of
 this chapter or fails to perform any duty imposed by such  title,  shall
 be  liable  for  a  civil  penalty for each violation not to exceed [two
 hundred  fifty]  THREE  HUNDRED  SEVENTY-FIVE  dollars  for  the   first
 violation,  [five]  SEVEN hundred FIFTY dollars for the second violation
 and one thousand FIVE HUNDRED  dollars  for  the  third  and  subsequent
 violations of this title in a twelve-month period.
   e. Civil penalties under this section shall be assessed by the commis-
 sioner  after  a  hearing  or  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 this section, and, in addition thereto,
 such  person  may  by  similar  process be enjoined from continuing such
 violation.
   2. All penalties collected pursuant to this section shall be paid over
 to the commissioner for deposit to  the  environmental  protection  fund
 established pursuant to section ninety-two-s of the state finance law.
   §  55.  Subdivisions  1  and 3 of section 71-2907 of the environmental
 conservation law, as amended by chapter 285 of the  laws  of  2000,  are
 amended to read as follows:
   1.  Administrative  sanctions.  Except  as  otherwise provided in this
 subdivision, any person who violates any provision of article 33 of this
 chapter or any rule, regulation or order issued  thereunder  or  commits
 any offense described in section 33-1301 of this chapter shall be liable
 to  the  people  of  the  state for a civil penalty not to exceed [five]
 SEVEN thousand FIVE HUNDRED dollars for a first violation,  and  not  to
 exceed  [ten]  FIFTEEN  thousand dollars for a subsequent offense, to be
 assessed by the commissioner after a hearing or opportunity to be heard.
 Notwithstanding any provision of  law  to  the  contrary,  an  owner  or
 owner's agent of a multiple dwelling or owner, owner's agent or a person
 in  a  position  of  authority  for all other types of premises, as such
 S. 7086--A                         24
 
 terms are defined in paragraph d of subdivision five of section  33-0905
 of  this  chapter,  who  violates  any  provision of a local law adopted
 pursuant to subdivision one of section 33-1004 of this chapter  relating
 to  paragraph  b  of  such  subdivision,  and a person, who violates any
 provision of a local law adopted pursuant to subdivision one of  section
 33-1004 of this chapter relating to paragraph c of such subdivision, and
 a  person  who  violates  the provisions of subdivision three of section
 three hundred ninety-c of the social services law  shall,  for  a  first
 such  violation,  in  lieu of a penalty, be issued a written warning and
 shall also be issued educational materials pursuant to  subdivision  two
 of  section  33-1005  of this chapter. Such person shall, however, for a
 second violation, be liable to the people  of  the  state  for  a  civil
 penalty  not to exceed one hundred FIFTY dollars, and not to exceed [two
 hundred fifty] THREE HUNDRED SEVENTY-FIVE  dollars  for  any  subsequent
 violation,  such  penalties  to  be assessed by the commissioner after a
 hearing or opportunity to be heard.
   Notwithstanding any provision of law to the contrary, any  person  who
 violates  the  provisions of a local law adopted pursuant to subdivision
 one of section 33-1004 of this chapter relating to paragraph a  of  such
 subdivision, shall be issued a warning for the first violation and shall
 be provided seven days to correct such violation; and shall be liable to
 the  people  of  the state for a civil penalty not to exceed one hundred
 FIFTY dollars for a second violation, and not  to  exceed  [two  hundred
 fifty] THREE HUNDRED SEVENTY-FIVE dollars for a subsequent violation, to
 be  assessed  by  the  commissioner after a hearing or opportunity to be
 heard. The commissioner, acting by the attorney general, may bring  suit
 for  collection of such assessed civil penalty in any court of competent
 jurisdiction. Such civil penalty may be released or compromised  by  the
 commissioner  before the matter has been referred to the attorney gener-
 al; and where such matter has been referred to the attorney general, any
 such penalty may be released or compromised and any action commenced  to
 recover the same may be settled and discontinued by the attorney general
 with  the consent of the commissioner. Any civil penalty assessed by the
 commissioner under this subdivision shall be reviewable in a  proceeding
 under article 78 of the civil practice law and rules.
   3.  Criminal  sanctions.  Any  person  who, having the culpable mental
 states defined in subdivision one or two of section 15.05 or in  section
 20.20  of  the  penal  law, violates any provision of article 33 of this
 chapter or any  rule,  regulation  thereunder  or  commits  any  offense
 described in section 33-1301 of this chapter, except an offense relating
 to  the  application  of  a  general  use pesticide shall be guilty of a
 misdemeanor and, upon conviction thereof, shall be punished  by  a  fine
 not  to  exceed  [five] SEVEN thousand FIVE HUNDRED dollars for each day
 during which such violation continues or by imprisonment for a  term  of
 not  more  than  one year, or by both such fine and imprisonment. If the
 conviction  is  for  a  subsequent  offense  committed  after  a   first
 conviction of such person under this subdivision, punishment shall be by
 a  fine not to exceed [ten] FIFTEEN thousand dollars for each day during
 which such violation continues or by imprisonment for a term of not more
 than one year, or by both such fine and imprisonment. When  a  violation
 consists  of  the  manufacture  or production of any prohibited article,
 each day  during  which  or  any  part  of  which  such  manufacture  or
 production  is  carried  on  or  continued,  shall  be deemed a separate
 violation. Any person who violates any provision of article 33  of  this
 chapter  or  any  rule  or  regulation thereunder or commits any offense
 described in section 33-1301 of this chapter relating to the  use  of  a
 S. 7086--A                         25
 
 general  use  pesticide  shall  be  guilty  of  a  violation  and,  upon
 conviction thereof, shall be punished by a fine not to  exceed  [twenty-
 five  hundred]  THREE  THOUSAND  SEVEN  HUNDRED  FIFTY  dollars.  If the
 conviction  is  for  a subsequent offense committed after the first such
 conviction of such person under this subdivision, punishment shall be by
 a fine not to exceed [five] SEVEN thousand FIVE HUNDRED dollars.  Prose-
 cution  hereunder may be conducted by either the attorney general or the
 district attorney consistent with section 71-0403 of this article.  With
 respect  to  violations  of  section  33-1004 of this chapter, penalties
 imposed pursuant to this subdivision may  be  assessed  only  against  a
 person providing a commercial lawn application.
   § 56. Section 71-3103 of the environmental conservation law is amended
 to read as follows:
 § 71-3103. Enforcement of article 35.
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duties imposed by article 35 or any  regulation  promulgated
 by  the  commissioner  thereunder, shall be liable to a civil penalty of
 not more than [twenty-five hundred] THREE THOUSAND SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation. Penalties and injunctive relief
 provided herein shall be recoverable in an action brought by the  Attor-
 ney General at the request and in the name of the commissioner.
   §  57. Subdivision 1 of section 71-3303 of the environmental conserva-
 tion law, as added by chapter 617 of the laws of  1987,  is  amended  to
 read as follows:
   1.  Any  person who violates any provision of, or fails to perform any
 duty imposed by article forty-three of this chapter or any rule or regu-
 lation promulgated pursuant thereto, or any term  or  condition  of  any
 certificate  or  permit  issued  pursuant thereto, or any final determi-
 nation or order of the Lake George  park  commission  made  pursuant  to
 article  forty-three of this chapter shall be liable for a civil penalty
 not to exceed [five] SEVEN hundred FIFTY dollars for each such violation
 and an additional penalty of [five] SEVEN hundred FIFTY dollars for each
 day during which such violation continues, to be assessed  by  the  Lake
 George park commission after an opportunity to be heard, or by the court
 in  any  action  or  proceeding initiated by the attorney general in the
 name of the Lake George  park  commission.  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 based upon
 such violation.
   §  58. Section 71-3307 of the environmental conservation law, as added
 by chapter 617 of the laws of 1987, is amended to read as follows:
 § 71-3307. Criminal sanctions.
   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 article forty-three of  this
 chapter  or  any  rules or regulations promulgated thereto, or any final
 determination or order of the Lake George park commission shall be guil-
 ty of a violation, and, upon conviction thereof, shall be punished by  a
 fine not to exceed [five] SEVEN hundred FIFTY dollars for each violation
 and [five] SEVEN hundred FIFTY dollars for each day such violation shall
 continue.
 S. 7086--A                         26
 
   § 59. Section 71-3501 of the environmental conservation law is amended
 to read as follows:
 § 71-3501. Putting  noisome  or  unwholesome  substances  or maintaining
              noisome business on or near highway.
   A person, who deposits, leaves or keeps, on or near a highway or route
 of public travel, either on the land or on the  water,  any  noisome  or
 unwholesome  substance, or establishes, maintains or carries on, upon or
 near a public highway or route of public travel, either on the  land  or
 on  the  water,  any  business, trade or manufacture which is noisome or
 detrimental to public health, is guilty of a misdemeanor, punishable  by
 a  fine  of  not less than one hundred FIFTY dollars, or by imprisonment
 not less than three nor more than six months, or both.
   § 60. Section  71-3703  of  the  environmental  conservation  law,  as
 amended  by chapter 259 of the laws of 2011, subdivision 4 as amended by
 chapter 44 of the laws of 2020, subdivision 5 as added by chapter 829 of
 the laws of 2021, and subdivision 6 as added by chapter 111 of the  laws
 of 2023, is amended to read as follows:
 § 71-3703. Enforcement of article 37.
   1.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0107 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed [two thousand five hundred] THREE THOUSAND  SEVEN  HUNDRED  FIFTY
 dollars  for  each  such violation and an additional penalty of not more
 than [five] SEVEN hundred FIFTY dollars for each day during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation.
   2. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0505 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   3.  Any  person who violates any of the provisions of, or who fails to
 perform any duty imposed by section 37-0705 or any  rule  or  regulation
 promulgated  pursuant hereto, shall be liable for a civil penalty not to
 exceed one thousand FIVE HUNDRED dollars for each day during which  such
 violation  continues,  and  in  addition  thereto,  such  person  may be
 enjoined from continuing such violation. Such person shall for a  second
 violation  be  liable to the people of the state for a civil penalty not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   4. Any person who violates any of the provisions of, or who  fails  to
 perform  any  duty  imposed by section 37-0117 or any rule or regulation
 promulgated pursuant hereto, shall be liable for a civil penalty not  to
 exceed  one thousand FIVE HUNDRED dollars for each day during which such
 violation continues,  and  in  addition  thereto,  such  person  may  be
 enjoined  from continuing such violation. Such person shall for a second
 violation be liable to the people of the state for a civil  penalty  not
 to exceed [two thousand five hundred] THREE THOUSAND SEVEN HUNDRED FIFTY
 dollars for each day during which such violation continues.
   5.  Any  person  who violates any of the provisions of or who fails to
 perform any duty imposed by sections 37-1003 and 37-1007 of this chapter
 or any rule or regulation promulgated pursuant hereto, shall  be  liable
 S. 7086--A                         27
 
 for  a civil penalty not to exceed one thousand FIVE HUNDRED dollars for
 each day during which such violation continues, and in addition thereto,
 such person may be enjoined from continuing such violation. Such  person
 shall  for a second violation be liable to the people of the state for a
 civil penalty not to exceed [two thousand five hundred]  THREE  THOUSAND
 SEVEN  HUNDRED  FIFTY  dollars  for each day during which such violation
 continues.
   6. Any person who violates any of the provisions of, or who  fails  to
 perform  any duty imposed by section 37-0121 of this chapter or any rule
 or regulation promulgated pursuant hereto, shall be liable for  a  civil
 penalty  not  to  exceed  one thousand FIVE HUNDRED dollars for each day
 during which such violation continues, and  in  addition  thereto,  such
 person may be enjoined from continuing such violation. Such person shall
 for  a second violation be liable to the people of the state for a civil
 penalty not to exceed [two thousand five hundred] THREE  THOUSAND  SEVEN
 HUNDRED  FIFTY  dollars for each day during which such violation contin-
 ues.
   § 61. Section 71-3803 of the environmental conservation law, as  added
 by chapter 713 of the laws of 1975, is amended to read as follows:
 § 71-3803. Enforcement of article thirty-eight.
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duty imposed  by  article  thirty-eight  or  any  regulation
 promulgated  by  the commissioner thereunder, shall be liable to a civil
 penalty of not more than  [twenty-five  hundred]  THREE  THOUSAND  SEVEN
 HUNDRED  FIFTY dollars for each such violation and an additional penalty
 of not more than [five] SEVEN hundred FIFTY dollars for each day  during
 which  such  violation  continues, and, in addition thereto, such person
 may be enjoined from continuing such violation. Penalties and injunctive
 relief provided herein shall be recoverable in an action brought by  the
 attorney general acting alone or at the request of the commissioner.
   §  62. Section 71-3903 of the environmental conservation law, as added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3903. Violations; penalties.
   1. Administrative sanctions. Any  person  who  violates,  disobeys  or
 disregards  any  provision of article thirty-nine shall be liable to the
 people of the state for a civil penalty of not to  exceed  [three]  FOUR
 thousand  FIVE  HUNDRED dollars for every such violation, to be assessed
 by the commissioner after a hearing or  opportunity  to  be  heard.  The
 penalty may be recovered in an action brought by the commissioner in any
 court  of  competent jurisdiction. Such civil penalty may be released or
 [comprised] COMPROMISED by the commissioner before the matter  has  been
 referred  to  the  attorney  general;  and  where  such  matter has been
 referred to the attorney general, any such penalty may  be  released  or
 [comprised] COMPROMISED and any action commenced to recover the same may
 be  settled and discontinued by the attorney general with the consent of
 the commissioner.  In  addition,  the  commissioner  shall  have  power,
 following  a  hearing,  to  direct  the  violator  to  cease [his] THEIR
 violation of article thirty-nine and, where appropriate, to  recall  any
 sewage  system cleaners or additives sold or distributed in violation of
 said article. Any such order of the commissioner shall be enforceable in
 an action brought by the commissioner in any court of  competent  juris-
 diction.  Any  civil  penalty  or order issued by the commissioner under
 this subdivision shall be  reviewable  in  a  proceeding  under  article
 seventy-eight of the civil practice law and rules commenced within thir-
 ty days of such penalty or order.
 S. 7086--A                         28
 
   2. Criminal sanctions. Any person who knowingly violates any provision
 of  section  39-0105 of this chapter shall, in addition to the sanctions
 provided in subdivision one of this section, for the first  offense,  be
 guilty of a violation punishable by a fine of not less than [five] SEVEN
 hundred  FIFTY  nor  more  than one thousand FIVE HUNDRED dollars; for a
 second and each subsequent offense [he] SUCH PERSON shall be guilty of a
 misdemeanor punishable by a fine of not  less  than  one  thousand  FIVE
 HUNDRED  nor  more  than [three] FOUR thousand FIVE HUNDRED dollars or a
 term of imprisonment of not more than six months or both. In addition to
 or instead of these sanctions, any offender shall be punishable by being
 ordered by the court to recall any sewage system cleaners  or  additives
 sold or distributed in violation of article thirty-nine. The court shall
 specify a reasonable time for the completion of the recall. Each offense
 shall  be a separate and distinct offense and, in the case of a continu-
 ing offense, each day's continuance thereof shall be deemed  a  separate
 and distinct offense.
   §  63. Section 71-3905 of the environmental conservation law, as added
 by chapter 732 of the laws of 1980, is amended to read as follows:
 § 71-3905. Enforcement.
   The attorney general or a district attorney, at  the  request  of  the
 attorney  general or the commissioner, may prosecute persons who violate
 article thirty-nine. In addition the attorney general,  on  [his]  THEIR
 own  initiative  or  at  the request of the commissioner, shall have the
 right to recover a civil penalty of not to exceed [three] FOUR  thousand
 FIVE  HUNDRED dollars for every violation of any provision of said arti-
 cle, and to seek equitable relief to restrain any violation  or  threat-
 ened  violation  of such article and to require the recall of any sewage
 system cleaners or additives sold or distributed in  violation  of  said
 article.
   §  64.  Section  71-4001  of  the  environmental  conservation law, as
 amended by chapter 99 of the  laws  of  2010,  is  amended  to  read  as
 follows:
 § 71-4001. General criminal penalty.
   Except as otherwise specifically provided elsewhere in this chapter or
 in  the penal law, (a) a person who violates any provision of this chap-
 ter, or any rule, regulation or order promulgated pursuant  thereto,  or
 the terms or conditions of any permit issued thereunder, shall be guilty
 of  a  violation;  (b)  each  day  on  which such violation occurs shall
 constitute a separate violation; and (c) for  each  such  violation  the
 person  shall  be  subject  upon conviction to imprisonment for not more
 than fifteen days or to a fine of not  more  than  [nine]  ONE  THOUSAND
 THREE hundred FIFTY dollars, or to both such imprisonment and such fine.
   §  65.  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 issued thereunder, shall be liable to a civil  penalty  of
 not more than one thousand FIVE HUNDRED dollars, and an additional civil
 penalty  of not more than one thousand FIVE HUNDRED dollars for each day
 during which each such violation continues. Any civil  penalty  provided
 for  by  this chapter may be assessed following a hearing or opportunity
 to be heard.
 S. 7086--A                         29
 
   § 66. Section  71-4103  of  the  environmental  conservation  law,  as
 amended  by  chapter  608  of  the  laws  of 1993, is amended to read as
 follows:
 § 71-4103. Enforcement of article seventy-two.
   Any  person  who violates any of the provisions of article seventy-two
 of this chapter or  the  regulations  promulgated  thereunder  shall  be
 liable for a civil penalty of up to one thousand FIVE HUNDRED dollars in
 addition  to  any  amount  assessed as a penalty pursuant to subdivision
 five of section 72-0201 of this chapter,  except  that  any  person  who
 fails  to  pay fees required pursuant to section 72-0303 of this chapter
 shall be subject to penalty provisions pursuant to subdivision twelve of
 section 72-0201 of this chapter.
   § 67. Section 71-4303 of the environmental conservation law, as  added
 by chapter 672 of the laws of 1986, is amended to read as follows:
 § 71-4303. Violations of article forty of this chapter.
   1.  Civil and administrative sanctions. Any person who violates any of
 the provisions of, or who fails to perform any duty imposed by,  article
 forty  of this chapter or any rule or regulation promulgated thereunder,
 or any terms or conditions 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 in the case of a  civil  penalty
 not  to exceed twenty-five thousand dollars and an additional penalty of
 not more than twenty-five thousand 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 a court in any action or proceeding pursuant to  this
 title,  and,  in  addition thereto such person may by similar process be
 enjoined from continuing such violation. In addition, upon the provision
 of notice stating the grounds for its action and giving  an  opportunity
 for  hearing, the commissioner may revoke, suspend or deny a certificate
 or a renewal of a certificate issued pursuant to article forty  of  this
 chapter. In the case of a second violation, the liability shall be for a
 civil  penalty  not  to exceed [fifty] SEVENTY-FIVE thousand dollars for
 such violation and an additional penalty not to exceed [fifty]  SEVENTY-
 FIVE  thousand  dollars for each day during which such violation contin-
 ues.
   2. Criminal sanctions. 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
 article  forty  of  this chapter or any rules or regulations 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 guilty of a  misdemea-
 nor  and,  upon  conviction  thereof,  shall  for  a first conviction be
 punished by a fine not to  exceed  [twenty-five]  THIRTY-SEVEN  thousand
 FIVE  HUNDRED dollars per day of violation or by imprisonment for a term
 of not more than one year, or by both such fine and imprisonment. If the
 conviction is for an offense committed after a first conviction of  such
 person  under  this  subdivision,  punishment  shall be by a fine not to
 exceed [fifty] SEVENTY-FIVE thousand dollars per day of violation, or by
 imprisonment for not more than two years or by both such fine and impri-
 sonment.
   § 68. Section 71-4402 of the environmental conservation law, as  added
 by chapter 180 of the laws of 1989, is amended to read as follows:
 § 71-4402. Violations of title 15 of article 27 of this chapter.
   1. Civil and administrative sanctions.
 S. 7086--A                         30
 
   Any  person  who  violates  any  of the provisions of, or who fails to
 perform any duty imposed by title 15 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,  or  any
 final  determination  or order of the commissioner made pursuant to this
 title shall be liable in the case of a  first  violation,  for  a  civil
 penalty  not  to exceed [twenty-five] THIRTY-SEVEN thousand FIVE HUNDRED
 dollars and an additional penalty of not more than  [twenty-five]  THIR-
 TY-SEVEN  thousand  FIVE  HUNDRED dollars for each day during which such
 violation continues, to be assessed by the commissioner after an  oppor-
 tunity to be heard pursuant to the provisions of section 71-1709 of this
 chapter, or by the court in any action or proceeding pursuant to section
 71-2727  of  this chapter, and, in addition thereto, such persons 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. In the case of a second and any
 further violation, the liability shall be for a  civil  penalty  not  to
 exceed [fifty] SEVENTY-FIVE thousand dollars for each such violation and
 an  additional  penalty  not  to  exceed  [fifty]  SEVENTY-FIVE thousand
 dollars for each day during which such violation continues.
   2. Criminal sanctions.
   a. Any person who violates any of the provisions of or  who  fails  to
 perform  any  duty  imposed by title 15 of article 27 of this chapter or
 any rules and regulations 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 guilty of a violation and, upon conviction thereof, shall
 be  punished  by a fine not to exceed [five] SEVEN thousand FIVE HUNDRED
 dollars per day of violation, or by imprisonment for a term of not  more
 than fifteen days, or by both such fine and imprisonment.
   b.  Any  person  who,  intentionally,  knowingly,  or recklessly shall
 violate any of the provisions of  or  who  fails  to  perform  any  duty
 imposed by title 15 of article 27 of this chapter or any rules and regu-
 lations  promulgated  pursuant  thereto, or any term or condition of any
 certificate or permit issued pursuant thereto,  or  any  final  determi-
 nation or order of the commissioner made pursuant to this title shall be
 guilty  of a class B misdemeanor and, upon conviction thereof, shall for
 a first conviction be punished by a fine not to exceed  [fifteen]  TWEN-
 TY-TWO  thousand  FIVE HUNDRED dollars per day of violation or by impri-
 sonment for a term of not more than ninety days, or both such  fine  and
 imprisonment.    If  the  conviction is for an offense committed after a
 first conviction of such person under this paragraph, within the preced-
 ing five years, such person shall be guilty of a class A misdemeanor and
 upon conviction, punishment shall be by a fine  not  to  exceed  [fifty]
 SEVENTY-FIVE  thousand  FIVE HUNDRED dollars per day of violation, or by
 imprisonment for not more than one year or by both such fine and  impri-
 sonment.
   §  69. Subdivision 2 of section 71-4411 of the environmental conserva-
 tion law, as added by chapter 180 of the laws of  1989,  is  amended  to
 read as follows:
   2.  Fines.  A  sentence  to  pay a fine shall be a sentence to pay any
 amount fixed by the court, not exceeding the higher of:
   (a) [one hundred fifty] TWO HUNDRED TWENTY-FIVE thousand dollars for a
 class D felony;
   (b) one hundred thousand dollars for a class E felony;
   (c) [fifty] SEVENTY-FIVE thousand dollars for a class A misdemeanor;
 S. 7086--A                         31
 
   (d) [fifteen] TWENTY-TWO thousand FIVE HUNDRED dollars for a  class  B
 misdemeanor; or
   (e)  double  the amount of the defendant's gain from the commission of
 the crime.
   § 70. This act shall take effect immediately.