N.Y. Environmental Conservation Law Section 71-2722
Enforcement of section 27-1701 of this chapter

Administrative and civil sanctions.

1.

Any person who knowingly or intentionally violates any of the provisions or fails to perform any duty imposed by § 27-1701 (Lead-acid battery recycling)section 27-1701 of this chapter, except the duty to accept a lead-acid battery pursuant to subdivision four of such section, shall be liable for a civil penalty not to exceed seventy-five dollars for each violation, provided that such civil penalty shall be in addition to any other penalties authorized under other state or local laws governing the illegal disposal of lead-acid batteries.

2.

Any retailer or distributor who refuses to accept a lead-acid battery as required pursuant to subdivision four of § 27-1701 (Lead-acid battery recycling)section 27-1701 of this chapter shall be liable for a civil penalty not to exceed seven hundred fifty dollars.

3.

Penalties under this section shall be assessed by the commissioner after a hearing or opportunity to be heard pursuant to the provisions of section 71-1709 of this article, and, in addition thereto, any person found to have violated the provisions of § 27-1701 (Lead-acid battery recycling)section 27-1701 of this chapter may by similar process be enjoined from continuing such violation. For the purposes of this section, disposal of each lead-acid battery except as authorized pursuant to subdivision three of § 27-1701 (Lead-acid battery recycling)section 27-1701 of this chapter shall constitute a separate violation.

4.

In the city of New York, the provisions of title seventeen of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter shall be enforceable by an agency or agencies designated for such purpose by the mayor of such city, and notice of violation shall be returnable to the environmental control board of such city which shall have the power to impose civil penalties as provided in subdivisions one and two of this section. Outside the city of New York, the provisions of such title seventeen shall be enforceable by a local agency or agencies duly designated by the commissioner.

5.

All civil penalties and fines collected for any violation of such title seventeen shall be paid over to the commissioner for deposit in the general fund; provided however, that all civil penalties collected for any violation of such title seventeen which have been imposed by the environmental control board of the city of New York, or a local adjudicatory body pursuant to subdivision four of this section, shall be paid into an environmental fund of such city or locality.

Source: Section 71-2722 — Enforcement of section 27-1701 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2722 (updated Sep. 22, 2014; accessed Apr. 20, 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. 20, 2024

Last modified:
Sep. 22, 2014

§ 71-2722’s source at nysenate​.gov

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