LBD15505-02-6
S. 9856 2
(b) Two hundred twenty-five thousand dollars for a class D felony;
(c) One hundred fifty thousand dollars for a class E felony;
(d) Thirty-seven thousand five hundred dollars for a class A misdemea-
nor;
(e) Fifteen thousand dollars for a class B misdemeanor; or
(f) Double the amount of the defendant's gain from the commission of
the crime.
3. WHEN A CORPORATION IS CONVICTED OF A CRIME UNDER THE PROVISIONS OF
THIS TITLE, THE SENTENCE OF THE COURT SHALL BE AS FOLLOWS:
(A) A FINE, AS SET FORTH IN SUBDIVISION FOUR OF THIS SECTION;
(B) FOLLOWING A HEARING IN ACCORDANCE WITH THE PROCEDURES SET FORTH IN
SECTION 71-2723 OF THIS TITLE, PAYMENT OF THE COST OF LEGALLY DISPOSING
OF THE HAZARDOUS WASTE UNLAWFULLY POSSESSED AND RESTORING TO ITS
ORIGINAL STATE THE AREA WHERE SUBSTANCES WERE RELEASED UNLAWFULLY IN
VIOLATION OF SECTIONS 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 AND
71-2714 OF THIS CHAPTER;
(C) ANY OTHER SENTENCE AUTHORIZED BY LAW; OR
(D) ANY COMBINATION OF SUCH FINE, PAYMENT OF THE COST OF DISPOSAL AND
RESTORATION, AND ANY OTHER SENTENCE AUTHORIZED BY LAW.
4. CORPORATE 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 MILLION DOLLARS FOR A CLASS C FELONY;
(B) TWO MILLION FIVE HUNDRED THOUSAND DOLLARS FOR A CLASS D FELONY;
(C) ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR A CLASS E FELONY;
(D) THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS FOR A CLASS A MISDE-
MEANOR;
(E) ONE HUNDRED FIFTY THOUSAND DOLLARS FOR A CLASS B MISDEMEANOR; OR
(F) THREE TIMES THE AMOUNT OF THE DEFENDANT'S GAIN FROM THE COMMISSION
OF THE CRIME.
§ 3. Section 71-2103 of the environmental conservation law, subdivi-
sion 1 as amended by chapter 99 of the laws of 2010 and subdivision 4 as
added by chapter 621 of the laws of 1998, is amended to read as follows:
§ 71-2103. Violations; civil liability.
1. Except as provided in section 71-2113 OF THIS TITLE, any person
OTHER THAN A CORPORATION 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 commissioner pursuant thereto, shall be
liable, in the case of a first violation, for a penalty not less than
five hundred dollars nor more than eighteen thousand dollars for said
violation and an additional penalty of not to exceed fifteen thousand
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 thousand dollars for said violation and
an additional penalty not to exceed twenty-two thousand five hundred
dollars for each day during which such violation continues. In addition
thereto, such person may be enjoined from continuing such violation as
hereinafter provided.
2. The penalty provided for in [subdivision 1] SUBDIVISIONS ONE AND
FIVE of this section shall be recoverable in an action brought by the
Attorney General.
3. An action or cause of action for the recovery of a penalty under
article [19] NINETEEN OF THIS CHAPTER may be settled or compromised by
the Attorney General after proceedings are brought to recover such
penalties prior to the entry of judgment therefor.
S. 9856 3
4. Any fines collected for violations of section 19-0320 of this chap-
ter shall be deposited in the clean air fund, to the credit of the
mobile source account, in accordance with the provisions of section
ninety-seven-oo of the state finance law.
5. EXCEPT AS PROVIDED IN SECTION 71-2113 OF THIS TITLE, ANY CORPO-
RATION THAT VIOLATES ANY PROVISION OF ARTICLE NINETEEN OF THIS CHAPTER
OR ANY CODE, RULE OR REGULATION WHICH WAS PROMULGATED PURSUANT THERETO;
OR ANY ORDER EXCEPT AN ORDER DIRECTING SUCH CORPORATION TO PAY A PENALTY
BY A SPECIFIED DATE ISSUED BY THE COMMISSIONER PURSUANT THERETO, SHALL
BE LIABLE, IN THE CASE OF A FIRST VIOLATION, FOR A PENALTY NOT LESS THAN
FIVE THOUSAND DOLLARS NOR MORE THAN ONE HUNDRED EIGHTY THOUSAND DOLLARS
FOR SAID VIOLATION AND AN ADDITIONAL PENALTY OF NOT TO EXCEED ONE
HUNDRED FIFTY THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION
CONTINUES. IN THE CASE OF A SECOND OR ANY FURTHER VIOLATION, THE LIABIL-
ITY SHALL BE FOR A PENALTY NOT TO EXCEED TWO HUNDRED SIXTY THOUSAND
DOLLARS FOR SAID VIOLATION AND AN ADDITIONAL PENALTY NOT TO EXCEED TWO
HUNDRED TWENTY-FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH
VIOLATION CONTINUES. IN ADDITION THERETO, SUCH CORPORATION MAY BE
ENJOINED FROM CONTINUING SUCH VIOLATION AS HEREINAFTER PROVIDED.
§ 4. Section 71-2105 of the environmental conservation law, subdivi-
sion 1 as amended by chapter 99 of the laws of 2010, is amended to read
as follows:
§ 71-2105. Criminal liability for violations.
1. Except as provided in section 71-2113 OF THIS TITLE, any person
OTHER THAN A CORPORATION who shall wilfully violate any of the
provisions of article [19] NINETEEN OF THIS CHAPTER or any code, rule or
regulation promulgated pursuant thereto or any final determination or
order of the commissioner made pursuant to article [19] NINETEEN OF THIS
CHAPTER 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 hundred dollars nor more than eighteen 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 thousand dollars, or by imprisonment, or by both such fine
and imprisonment. Each day on which such violation occurs shall consti-
tute a separate violation.
2. No prosecution under this section shall be instituted until after
final disposition of an appeal or review, if any, provided by section
19-0511 OF THIS CHAPTER.
3. All prosecutions under this section shall be instituted by the
commissioner and shall be conducted by the Attorney General in the name
of the people of the state of New York.
4. In the prosecution of any criminal proceeding under this section by
the Attorney General and, in any proceeding before a grand jury in
connection therewith, the Attorney General shall exercise all the powers
and perform all the duties which the District Attorney would otherwise
be authorized or required to exercise or perform, and in such a proceed-
ing the District Attorney shall exercise such powers and perform such
duties as are requested of [him] THE DISTRICT ATTORNEY by the Attorney
General.
5. EXCEPT AS PROVIDED IN SECTION 71-2113 OF THIS TITLE, ANY CORPO-
RATION WHO SHALL WILFULLY VIOLATE ANY OF THE PROVISIONS OF ARTICLE NINE-
TEEN OF THIS CHAPTER OR ANY CODE, RULE OR REGULATION PROMULGATED PURSU-
ANT THERETO OR ANY FINAL DETERMINATION OR ORDER OF THE COMMISSIONER MADE
S. 9856 4
PURSUANT TO ARTICLE NINETEEN OF THIS CHAPTER SHALL BE GUILTY OF A MISDE-
MEANOR, AND, UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE, IN
THE CASE OF A FIRST CONVICTION, OF NOT LESS THAN FIVE THOUSAND DOLLARS
NOR MORE THAN ONE HUNDRED EIGHTY THOUSAND DOLLARS FOR EACH SEPARATE
VIOLATION. IF THE CONVICTION IS FOR AN OFFENSE COMMITTED AFTER THE FIRST
CONVICTION OF SUCH CORPORATION UNDER THIS SUBDIVISION, SUCH CORPORATION
SHALL BE PUNISHED BY A FINE NOT TO EXCEED TWO HUNDRED SIXTY THOUSAND
DOLLARS. EACH DAY ON WHICH SUCH VIOLATION OCCURS SHALL CONSTITUTE A
SEPARATE VIOLATION.
§ 5. 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.
1. Any person OTHER THAN A CORPORATION who violates any of the
provisions of any regulation promulgated by the commissioner under
authority of paragraph y of subdivision one of section 3-0301 OF THIS
CHAPTER shall be liable for a civil penalty of not more than twenty-five
hundred dollars for each such violation and an additional penalty of not
more than five hundred 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.
2. ANY CORPORATION WHO VIOLATES ANY OF THE PROVISIONS OF ANY REGU-
LATION PROMULGATED BY THE COMMISSIONER UNDER AUTHORITY OF PARAGRAPH Y OF
SUBDIVISION ONE OF SECTION 3-0301 OF THIS CHAPTER SHALL BE LIABLE FOR A
CIVIL PENALTY OF NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR EACH
SUCH VIOLATION AND AN ADDITIONAL PENALTY OF NOT MORE THAN FIVE THOUSAND
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES, AND, IN
ADDITION THERETO, SUCH CORPORATIONS 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.
§ 6. 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 OTHER THAN A CORPO-
RATION 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 determi-
nation or order of the commissioner made pursuant to article [19] NINE-
TEEN 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 dollars and an
additional penalty of not more than thirty-seven thousand five hundred
dollars for each day during which such violation continues, to be
assessed by the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2107 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 thousand dollars
S. 9856 5
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 OTHER THAN A CORPORATION 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 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 article [19] NINE-
TEEN 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 thir-
ty-seven thousand five hundred dollars per day of violation or by impri-
sonment 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 thousand dollars per day of
violation, or by imprisonment for not more than two years or by both
such fine and imprisonment.
3. CIVIL AND ADMINISTRATIVE SANCTIONS FOR CORPORATIONS. ANY CORPO-
RATION THAT 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 DETERMI-
NATION OR ORDER OF THE COMMISSIONER MADE PURSUANT TO ARTICLE NINETEEN 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 DOLLARS AND AN ADDI-
TIONAL PENALTY OF NOT MORE THAN THIRTY-SEVEN THOUSAND FIVE HUNDRED
DOLLARS FOR EACH DAY DURING WHICH SUCH VIOLATION CONTINUES, TO BE
ASSESSED BY THE COMMISSIONER AFTER AN OPPORTUNITY TO BE HEARD PURSUANT
TO THE PROVISIONS OF SECTION 71-1709 OF THIS ARTICLE, OR BY THE COURT IN
ANY ACTION OR PROCEEDING PURSUANT TO SECTION 71-2107 OF THIS TITLE, AND,
IN ADDITION THERETO, SUCH CORPORATION MAY BY SIMILAR PROCESS BE ENJOINED
FROM CONTINUING SUCH VIOLATION AND ANY PERMIT OR CERTIFICATE ISSUED TO
SUCH CORPORATION MAY BE REVOKED OR SUSPENDED OR A PENDING RENEWAL APPLI-
CATION DENIED. IN THE CASE OF A SECOND AND ANY FURTHER VIOLATION, THE
LIABILITY SHALL BE FOR A CIVIL PENALTY NOT TO EXCEED SEVENTY-FIVE THOU-
SAND DOLLARS FOR EACH SUCH VIOLATION AND AN ADDITIONAL PENALTY NOT TO
EXCEED SEVENTY-FIVE THOUSAND DOLLARS FOR EACH DAY DURING WHICH SUCH
VIOLATION CONTINUES.
4. CRIMINAL SANCTIONS FOR CORPORATIONS. ANY CORPORATION THAT, ACTING
THROUGH ITS OFFICERS, EMPLOYEES, OR AGENTS, HAVING ANY OF THE CULPABLE
MENTAL STATES DEFINED IN SECTION 15.05 OF THE PENAL LAW, SHALL VIOLATE
ANY OF THE PROVISIONS OF OR THAT 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 NINETEEN OF THIS CHAPTER
CONCERNING A VIOLATION OF SECTION 19-0304 OF THIS CHAPTER SHALL BE GUIL-
TY OF A MISDEMEANOR AND, UPON CONVICTION THEREOF, SHALL FOR A FIRST
CONVICTION BE PUNISHED BY A FINE NOT TO EXCEED THREE HUNDRED SEVENTY-
FIVE THOUSAND DOLLARS PER DAY OF VIOLATION. IF THE CONVICTION IS FOR AN
OFFENSE COMMITTED AFTER A FIRST CONVICTION OF SUCH CORPORATION UNDER
S. 9856 6
THIS SUBDIVISION, PUNISHMENT SHALL BE BY A FINE NOT TO EXCEED SEVEN
HUNDRED FIFTY THOUSAND DOLLARS PER DAY OF VIOLATION.
§ 7. Section 71-1905 of the environmental conservation law is amended
to read as follows:
§ 71-1905. Enforcement of section 17-1705.
1. Any person OTHER THAN A CORPORATION violating any provision of
section 17-1705 OF THIS CHAPTER shall forfeit to the county where the
violation occurred the sum of fifty dollars for every such violation.
2. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1705 OF THIS
CHAPTER SHALL FORFEIT TO THE COUNTY WHERE THE VIOLATION OCCURRED THE SUM
OF FIVE HUNDRED DOLLARS FOR EVERY SUCH VIOLATION.
§ 8. Section 71-1907 of the environmental conservation law is amended
to read as follows:
§ 71-1907. Enforcement of section 17-1707.
1. Every person OTHER THAN A CORPORATION violating any provision of
section 17-1707 OF THIS CHAPTER shall forfeit to the municipality having
a local board of health where the violation occurs the sum of twenty-
five dollars for the first day when the violation takes place, and the
sum of ten dollars for every subsequent day that such violation is
repeated or continued.
2. The board of health of any such municipality shall examine into any
alleged offense against section 17-1707 OF THIS CHAPTER and cause the
same to be abated, if found to exist.
3. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1707 OF THIS
CHAPTER SHALL FORFEIT TO THE MUNICIPALITY HAVING A LOCAL BOARD OF HEALTH
WHERE THE VIOLATION OCCURS THE SUM OF TWENTY-FIVE HUNDRED DOLLARS FOR
THE FIRST DAY WHEN THE VIOLATION TAKES PLACE, AND THE SUM OF ONE THOU-
SAND DOLLARS FOR EVERY SUBSEQUENT DAY THAT SUCH VIOLATION IS REPEATED OR
CONTINUED.
§ 9. Section 71-1909 of the environmental conservation law, subdivi-
sion 2 as amended by section 35 of part C of chapter 62 of the laws of
2003, is amended to read as follows:
§ 71-1909. Enforcement of section 17-1709.
1. Any board of health named in subdivision [1] ONE of section 17-1709
OF THIS CHAPTER shall examine into any alleged offense against section
17-1709 OF THIS CHAPTER within its jurisdiction and cause the same to be
abated, by injunction or otherwise, if found to exist.
2. Any person OTHER THAN A CORPORATION violating any provision of
section 17-1709 OF THIS CHAPTER shall be guilty of a misdemeanor, and
punishable by a fine of not more than seven hundred fifty dollars or by
imprisonment for not more than one year or by both such fine and impri-
sonment.
3. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1709 OF THIS
CHAPTER SHALL BE GUILTY OF A MISDEMEANOR, AND PUNISHABLE BY A FINE OF
NOT MORE THAN SEVENTY-FIVE HUNDRED DOLLARS.
§ 10. 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.
1. Any person OTHER THAN A CORPORATION violating any provision of
section 17-1711 OF THIS CHAPTER shall be guilty of an offense, and
punishable by a fine of not more than seventy-five dollars.
2. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1711 OF THIS
CHAPTER SHALL BE GUILTY OF AN OFFENSE, AND PUNISHABLE BY A FINE OF NOT
MORE THAN SEVEN HUNDRED FIFTY DOLLARS.
S. 9856 7
§ 11. Section 71-1913 of the environmental conservation law is amended
to read as follows:
§ 71-1913. Enforcement of section 17-1713.
1. Any board of health named in subdivision [1] ONE of section 17-1713
OF THIS CHAPTER shall examine into any alleged offense against section
17-1713 OF THIS CHAPTER within its jurisdiction and cause the same to be
abated, by injunction or otherwise, if found to exist.
2. Any person OTHER THAN A CORPORATION violating any provision of
section 17-1713 OF THIS CHAPTER shall be guilty of a misdemeanor, and
punishable by a fine of not more than five hundred dollars or by impri-
sonment for not more than one year or by both such fine and imprison-
ment.
3. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1713 OF THIS
CHAPTER SHALL BE GUILTY OF A MISDEMEANOR, AND PUNISHABLE BY A FINE OF
NOT MORE THAN FIVE THOUSAND DOLLARS.
§ 12. Section 71-1915 of the environmental conservation law is amended
to read as follows:
§ 71-1915. Enforcement of section 17-1715.
1. Any person OTHER THAN A CORPORATION violating any provision of
section 17-1715 OF THIS CHAPTER shall be guilty of a misdemeanor, and
punishable by a fine of not more than five hundred dollars or by impri-
sonment for not more than one year or by both such fine and imprison-
ment.
2. It shall be the duty of the board of health of any municipality
where any violation of section 17-1715 OF THIS CHAPTER shall occur to
cause the same to be abated; provided that any person aggrieved by any
such fall, flow or discharge may also cause such abatement, by injunc-
tion or other appropriate action or proceeding.
3. ANY CORPORATION VIOLATING ANY PROVISION OF SECTION 17-1715 OF THIS
CHAPTER SHALL BE GUILTY OF A MISDEMEANOR, AND PUNISHABLE BY A FINE OF
NOT MORE THAN FIVE THOUSAND DOLLARS.
§ 13. Section 71-1921 of the environmental conservation law is amended
to read as follows:
§ 71-1921. Enforcement of section 17-1729.
1. Any person OTHER THAN A CORPORATION 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 OF
THIS CHAPTER shall forfeit to the people of the state five dollars a day
for each day the same is used or maintained for such purpose, to be
collected in an action brought by the commissioner.
2. The commissioner may maintain an action in the name of the people
to restrain a violation of section 17-1729 OF THIS CHAPTER.
3. ANY CORPORATION 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 OF THIS CHAPTER
SHALL FORFEIT TO THE PEOPLE OF THE STATE FIFTY DOLLARS A DAY FOR EACH
DAY THE SAME IS USED OR MAINTAINED FOR SUCH PURPOSE, TO BE COLLECTED IN
AN ACTION BROUGHT BY THE COMMISSIONER.
§ 14. 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 and a new subdivision 5 is added to read as follows:
1. A person OTHER THAN A CORPORATION who violates any of the
provisions of, or who fails to perform any duty imposed by titles [1]
ONE through [11] ELEVEN inclusive and title [19] NINETEEN of article
[17] SEVENTEEN OF THIS CHAPTER, or the rules, regulations, orders or
determinations of the commissioner promulgated thereto or the terms of
S. 9856 8
any permit issued thereunder, shall be liable to a penalty of not to
exceed thirty-seven thousand five hundred 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] FOUR of section 17-0303 OF THIS CHAPTER or by order of
judgment of the supreme court as an alternate or additional civil penal-
ty in an action brought pursuant to subdivision [3] THREE of this
section.
5. A CORPORATION THAT VIOLATES ANY OF THE PROVISIONS OF, OR WHO FAILS
TO PERFORM ANY DUTY IMPOSED BY TITLES ONE THROUGH ELEVEN INCLUSIVE AND
TITLE NINETEEN OF ARTICLE SEVENTEEN OF THIS CHAPTER, OR THE RULES, REGU-
LATIONS, ORDERS OR DETERMINATIONS OF THE COMMISSIONER PROMULGATED THERE-
TO OR THE TERMS OF ANY PERMIT ISSUED THEREUNDER, SHALL BE LIABLE TO A
PENALTY OF NOT TO EXCEED THREE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS PER
DAY FOR EACH VIOLATION, AND, IN ADDITION THERETO, SUCH CORPORATION 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 FOUR OF SECTION 17-0303 OF THIS CHAPTER OR
BY ORDER OF JUDGMENT OF THE SUPREME COURT AS AN ALTERNATE OR ADDITIONAL
CIVIL PENALTY IN AN ACTION BROUGHT PURSUANT TO SUBDIVISION THREE OF THIS
SECTION.
§ 15. Section 71-1941 of the environmental conservation law, as added
by chapter 400 of the laws of 1973, subdivision 1 as amended by section
40 of part C of chapter 62 of the laws of 2003, and subdivision 2 as
amended by chapter 613 of the laws of 1983, is amended to read as
follows:
§ 71-1941. Penalties and liability for spills of bulk liquids.
1. Except where the owner of or a person OTHER THAN A CORPORATION 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 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 dollars for an initial incident resulting in or
contributing to such a contravention and for an additional penalty not
to exceed seven hundred fifty 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.
2. Such penalty or reimbursement or both due the people of the state
by reason of the liability provided in subdivision one of this section
may be assessed by the commissioner by order after a hearing or hearings
S. 9856 9
noticed and conducted and reviewable as provided in title nine of arti-
cle seventeen OF THIS CHAPTER, or opportunity to be heard, or be recov-
ered in an action or actions brought by the attorney general.
3. In assessing the amount of any such penalty the commissioner or
court shall consider:
a. The type, extent and amount of damage which resulted from such
incident.
b. The degree of care taken by or on behalf of the party charged to
prevent the occurrence of the incident.
c. The efforts made by or on behalf of the party charged to reduce or
mitigate the damage which resulted from the incident.
4. EXCEPT WHERE A CORPORATION THAT IS AN OWNER OF OR 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 NEGLI-
GENT, OR ANY COMBINATION OF THE FOREGOING CLAUSES, SUCH CORPORATION
SHALL BE LIABLE FOR A PENALTY OF NOT MORE THAN THIRTY-SEVEN THOUSAND
FIVE HUNDRED DOLLARS FOR AN INITIAL INCIDENT RESULTING IN OR CONTRIBUT-
ING TO SUCH A CONTRAVENTION AND FOR AN ADDITIONAL PENALTY NOT TO EXCEED
SEVENTY-FIVE HUNDRED DOLLARS FOR EACH DAY DURING WHICH SUCH CONTRAVEN-
TION 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 NEUTRALIZA-
TION 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.
§ 16. 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.
1. Any person OTHER THAN A CORPORATION 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
dollars or imprisoned for not more than one year, or both.
2. ANY CORPORATION THAT 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 THIRTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS.
§ 17. 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 OTHER THAN
A CORPORATION who violates any provision of title [21] TWENTY-ONE of
article [17] SEVENTEEN 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 hundred dollars for a first violation, and
S. 9856 10
not to exceed one thousand 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] TWENTY-ONE of article [17] SEVENTEEN 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 occu-
pant of a household shall be liable to the people of the state for a
civil penalty not to exceed one hundred dollars, and for any subsequent
violations shall be liable to the people of the state for a civil penal-
ty not to exceed two hundred fifty 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 oppor-
tunity to be heard.
3. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, ANY CORPORATION THAT
VIOLATES ANY PROVISION OF TITLE TWENTY-ONE OF ARTICLE SEVENTEEN 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
THOUSAND DOLLARS FOR A FIRST VIOLATION, AND NOT TO EXCEED TEN THOUSAND
DOLLARS FOR EACH SUBSEQUENT VIOLATION, TO BE ASSESSED BY THE COMMISSION-
ER AFTER A HEARING OR OPPORTUNITY TO BE HEARD.
§ 18. 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.
1. Except as otherwise specifically provided elsewhere in this chap-
ter, a person OTHER THAN A CORPORATION who violates any provision of
this chapter, or any rule, regulation 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
dollars, and an additional civil penalty of not more than one thousand
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.
2. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED ELSEWHERE IN THIS CHAP-
TER, A CORPORATION WHO VIOLATES ANY PROVISION OF THIS CHAPTER, OR ANY
RULE, REGULATION 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 TEN THOUSAND DOLLARS, AND AN ADDITIONAL CIVIL
PENALTY OF NOT MORE THAN TEN THOUSAND 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.
§ 19. This act shall take effect on the ninetieth day after it shall
have become a law.
