N.Y. Environmental Conservation Law Section 71-2705
Violations of titles 9, 11 and 13 of article 27 of this chapter


1.

Civil and administrative sanctions. Any person who violates any of the provisions of, or who fails to perform any duty imposed by titles 9, 11 and 13 of article 27 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 title 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 § 71-1709 (Formal hearings)section 71-1709 of this article, or by the court in any action or proceeding pursuant to § 71-2727 (Enforcement of articles 27 and 71 of this chapter)section 71-2727 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 for each such violation and an additional penalty not to exceed seventy-five thousand dollars for each day during which such violation continues.

2.

Criminal sanctions. Any person 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 titles 9, 11 and 13 of article 27 or any rules and regulations 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 title shall be guilty of a misdemeanor and, upon conviction thereof, shall for a first conviction be punished by a fine not to exceed thirty-seven thousand five hundred dollars per day of violation or by imprisonment 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.

Source: Section 71-2705 — Violations of titles 9, 11 and 13 of article 27 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2705 (updated Sep. 22, 2014; accessed Jun. 15, 2024).

71‑2701
Applicability of title
71‑2702
Definitions
71‑2703
Violations of title 3 or 7 of article 27 of this chapter
71‑2705
Violations of titles 9, 11 and 13 of article 27 of this chapter
71‑2706
Enforcement of section 27-1311
71‑2707
Unlawful possession of hazardous wastes in the second degree
71‑2709
Unlawful possession of hazardous wastes in the first degree
71‑2710
Endangering public health, safety or the environment in the fifth degree
71‑2711
Endangering public health, safety or the environment in the fourth degree
71‑2712
Endangering public health, safety or the environment in the third degree
71‑2713
Endangering public health, safety or the environment in the second degree
71‑2714
Endangering public health, safety or the environment in the first degree
71‑2715
Unlawful dealing in hazardous wastes in the second degree
71‑2717
Unlawful dealing in hazardous wastes in the first degree
71‑2719
Presumptions
71‑2720
Exemption
71‑2721
Enforcement of Article 27 and this title
71‑2722
Enforcement of section 27-1701 of this chapter
71‑2723
Procedure for determining the amount of the cost of disposing of wastes or of restoring an area to its original state following a defenda...
71‑2724
Enforcement of title 21 of article 27
71‑2725
Disposition of penalties and fines
71‑2726
Payment of rewards for aid in apprehension and conviction of persons guilty of felony or misdemeanor
71‑2727
Enforcement of articles 27 and 71 of this chapter
71‑2728
Enforcement of title 27 of article 27 of this chapter
71‑2729
Enforcement of title 26 of article 27 of this chapter
71‑2730
Enforcement of title 30 of article 27 of this chapter

Accessed:
Jun. 15, 2024

Last modified:
Sep. 22, 2014

§ 71-2705’s source at nysenate​.gov

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