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This entry was published on 2014-09-22
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SECTION 71-2105
Criminal liability for violations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 21
§ 71-2105. Criminal liability for violations.

1. Except as provided in section 71-2113, any person who shall
wilfully 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 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
constitute 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

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
proceeding the District Attorney shall exercise such powers and perform
such duties as are requested of him by the Attorney General.