N.Y.
Environmental Conservation Law Section 71-2201
Enforcement of title 23 of article 23 of this chapter
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 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 section shall be liable for a civil penalty not to exceed one thousand dollars for each such violation and an additional penalty of not more than five hundred 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 § 71-1709 (Formal hearings)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 pending 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 dollars.3.
Any person who violates any provision of § 23-2308 (Prohibited disposal of used oil)section 23-2308 of this chapter shall be subject to a civil penalty not to exceed two hundred fifty 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 § 23-2307 (Used oil retention facilities required)section 23-2307 of this chapter shall be liable for a civil penalty of not more than five hundred dollars, and an additional civil penalty of not more than five hundred dollars for each day during which such violation continues, not to exceed ten thousand dollars.
Source:
Section 71-2201 — Enforcement of title 23 of article 23 of this chapter, https://www.nysenate.gov/legislation/laws/ENV/71-2201 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
