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This entry was published on 2019-06-07
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SECTION 57-0136
Penalties and enforcement
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 57, TITLE 1
§ 57-0136. Penalties and enforcement.

1. Violations. (a) All of the rights and remedies provided for in this
section are in addition to all of the rights and remedies available to
the villages and towns located within the "Central Pine Barrens Area" as
specifically defined in subdivision ten of section 57-0107 of this
title. All of the rights and remedies provided for in this section are
in addition to all of the rights and remedies available to the attorney
general as provided for in state law.

(b) With respect to any land use conduct within the Central Pine
Barrens Area that violates any provision of an applicable village or
town law, the responsibility for enforcement of such violation shall lie
with the applicable village or town in the first instance as provided
for in the laws of the respective town or village. The applicable
village or town shall provide written notice to the commission of all
such enforcement efforts. In the event the applicable village or town
does not commence an enforcement action within sixty days from the
receipt of a written notice to the applicable village or town of any
land use conduct within the Central Pine Barrens Area that may violate
any provision of an applicable village or town law, the commission, or
the attorney general at the request of the commission or upon his or her
own initiative, may institute enforcement action for such violation as
set forth in subdivisions two, three and four of this section.

(c) With regard to any violation of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
or any order, determination or permit condition issued by the
commission, there shall be independent jurisdiction among the village or
town in which such violation occurred or is occurring to investigate and
prosecute such violation as set forth in subdivisions two, three and
four of this section. The commission or the attorney general at the
request of the commission or upon the attorney general's own initiative
shall also have independent jurisdiction to investigate and prosecute
such violation as set forth in subdivisions two, three and four of this
section.

The party initiating such a prosecution shall consult with the other
governmental entities named in this section before initiating such an
action, except in a case involving a threat of irreparable harm or
imminent violation or repeated violations of this title, the land use
plan adopted by the commission, any regulation promulgated by the
commission, or any order, determination or permit condition issued by
the commission.

(d) With regard to any land use conduct within the Central Pine
Barrens Area that is a violation of the applicable village or town law
in addition to being a violation of the specific requirements of this
title, the land use plan adopted by the commission, or the terms or
conditions of any order, permit or determination issued by the
commission, the commission, or the attorney general at the request of
the village or town, may jointly institute with the village and town an
enforcement action as set forth in subdivisions two, three and four of
this section. In such event, any penalties or fines collected shall be
deposited with the applicable village or town to be maintained in a
segregated account to be used exclusively for the acquisition of real
property or transferable development rights interests or capital
projects associated with enhancement and/or restoration of the natural
resources and ecosystems located within the Central Pine Barrens Area.

2. Civil penalties. (a) For a violation that takes place in the "core
preservation area" as defined in subdivision eleven of section 57-0107
of this title, any person who violates any provision of this title, the
land use plan adopted by the commission, any regulation promulgated by
the commission, or the terms or conditions of any order, permit, or
determination issued by the commission pursuant to this title shall be
liable for a civil penalty of not more than twenty-five thousand dollars
for each violation and an additional civil penalty of not more than one
thousand dollars for each day that such violation continues.

(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who violates any provision of this title, the land use plan
adopted by the commission, any regulation promulgated by the commission,
or the terms or conditions of any order, permit, or determination issued
by the commission pursuant to this title shall be liable for a civil
penalty of not more than ten thousand dollars for each violation and an
additional civil penalty of not more than one thousand dollars for each
day that such violation continues.

3. Criminal penalties. (a) For a violation that takes place in the
"core preservation area" as defined in subdivision eleven of section
57-0107 of this title, any person who willfully or intentionally
violates any provision of this title, the land use plan adopted by the
commission, any regulation promulgated by the commission, or the terms
or conditions of any order, permit, or determination issued by the
commission pursuant to this title shall be guilty of a misdemeanor
punishable by a fine of not more than twenty-five thousand dollars for
each violation and an additional fine of not more than one thousand
dollars for each day that such violation continues.

(b) For a violation that takes place in the "compatible growth area"
as defined in subdivision twelve of section 57-0107 of this title, any
person who willfully or intentionally violates any provision of this
title, the land use plan adopted by the commission, any regulation
promulgated by the commission, or the terms or conditions of any order,
permit, or determination issued by the commission pursuant to this title
shall be guilty of a misdemeanor punishable by a fine of not more than
ten thousand dollars for each violation and an additional fine of not
more than one thousand dollars for each day that such violation
continues.

4. Additional remedies. (a) Alternatively, or in addition to an action
seeking civil penalties or criminal fines or imprisonment as provided by
subdivisions two and three of this section, the commission, the Suffolk
county district attorney or the attorney general may institute any
appropriate action or proceeding to prevent, restrain, enjoin, correct,
or abate any violation of, or to enforce, any provision of this title,
the land use plan adopted by the commission, any regulation promulgated
by the commission, or the terms or conditions of any order, permit, or
determination issued by the commission pursuant to this title. The court
in which the action or proceeding is brought may order the person
responsible for the violation to take such affirmative measures as are
necessary to correct or remediate the violation. Such an action or
proceeding may also seek restitution for any such violation.

(b) In addition to the penalties set forth in subdivisions two and
three of this section, a police officer or peace officer may immediately
impound any all-terrain vehicle, as defined in section twenty-two
hundred eighty-one of the vehicle and traffic law, provided that such
seizure is conducted pursuant to section five hundred eleven-b of the
vehicle and traffic law. A five hundred dollar surcharge may be added to
any such impoundment.