N.Y. Environmental Conservation Law Section 71-2713
Endangering public health, safety or the environment in the second degree

A person is guilty of endangering public health, safety or the environment in the second degree when:

1.

He knowingly engages in conduct which causes the release of a substance hazardous to public health, safety or the environment and such release causes physical injury to any person who is not a participant in the crime; or

2.

He knowingly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment or the release of a substance which at the time of the conduct he knows to meet any of the criteria set forth in paragraph (b) of subdivision one of § 37-0103 (Lists of substances hazardous or acutely hazardous to public health, safety or the environment)section 37-0103 of this chapter; or

3.

He knowingly engages in conduct which causes the release of more than one thousand five hundred gallons or fifteen thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment; or

4.

He recklessly engages in conduct which causes the release of a substance acutely hazardous to public health, safety or the environment and such release causes physical injury to any person who is not a participant in the crime; or

5.

He knowingly engages in conduct which causes the release of more than one hundred gallons or one thousand pounds, whichever is less, of an aggregate weight or volume of a substance hazardous to public health, safety or the environment and such substance enters water; or

6.

He or she knowingly or recklessly engages in conduct which causes the release of a substance hazardous to public health, safety or the environment and such substance enters a primary water supply; or

7.

With intent to dispose of construction and demolition debris, he or she intentionally engages in conduct that causes the unlawful disposal or release of either seventy cubic yards or more, or one hundred forty thousand pounds or more, of construction and demolition debris, as defined in § 71-2702 (Definitions)section 71-2702 of this title; or

8.

With intent to dispose of a hazardous substance on the property of another he or she intentionally engages in conduct that causes the unlawful disposal or release of a hazardous substance; or

9.

He or she recklessly disposes of any acutely hazardous substance on any property. Endangering public health, safety or the environment in the second degree is a class D felony.

Source: Section 71-2713 — Endangering public health, safety or the environment in the second degree, https://www.­nysenate.­gov/legislation/laws/ENV/71-2713 (updated Feb. 19, 2021; accessed Nov. 22, 2025).

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
Green check means up to date. Up to date

Verified:
Nov. 22, 2025

Last modified:
Feb. 19, 2021

§ 71-2713. Endangering public health, safety or the environment in the second degree's source at nysenate​.gov

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