N.Y. Environmental Conservation Law Section 71-2721
Enforcement of Article 27 and this title

1.

When a person is convicted of a crime under the provisions of this title, the sentence of the court shall be as follows:

(a)

A fine, as set forth in subdivision two of this section;

(b)

Following a hearing in accordance with the procedures set forth in § 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...)section 71-2723 of this chapter, payment of the cost of legally disposing of the hazardous waste unlawfully possessed and restoring to its original state the area where substances were released unlawfully in violation of sections 27-0914, 71-2710, 71-2711, 71-2712, 71-2713 and 71-2714 of this chapter;

(c)

Any other sentence authorized by law, including imprisonment; or

(d)

Any combination of such fine, payment of the cost of disposal and restoration, and any other sentence authorized by law, including imprisonment.

2.

Fines. A sentence to pay a fine shall be a sentence to pay an amount fixed by the court, not exceeding the higher of:

(a)

Three hundred thousand dollars for a class C felony;

(b)

Two hundred twenty-five thousand dollars for a class D felony;

(c)

One hundred fifty thousand dollars for a class E felony;

(d)

Thirty-seven thousand five hundred dollars for a class A misdemeanor;

(e)

Fifteen thousand dollars for a class B misdemeanor; or

(f)

Double the amount of the defendant’s gain from the commission of the crime.

Source: Section 71-2721 — Enforcement of Article 27 and this title, https://www.­nysenate.­gov/legislation/laws/ENV/71-2721 (updated Sep. 22, 2014; accessed Apr. 13, 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
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Accessed:
Apr. 13, 2024

Last modified:
Sep. 22, 2014

§ 71-2721’s source at nysenate​.gov

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