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This entry was published on 2014-09-22
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SECTION 71-1127
Violations; civil liability
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 11
§ 71-1127. Violations; civil liability.

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
heretofore promulgated pursuant to former article 5 of the Conservation
Law, shall be liable for a civil penalty of not more than two thousand
five hundred dollars for such violation and an additional civil penalty
of not more than five hundred 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.

2. The penalties provided by subdivision 1 of this section shall be
recoverable in an action instituted in the name of the department by the
Attorney General upon the request of the department.

3. An action or cause of action for the recovery of a penalty under
article 15 or sections 71-1103 through 71-1129 inclusive may be settled
or compromised in an amount to be approved by the department either
before or after proceedings are brought to recover such penalties and
prior to the entry for judgment therefor.