N.Y. Environmental Conservation Law Section 71-2728
Enforcement of title 27 of article 27 of this chapter

1.

Any person who knowingly or intentionally violates any provision of or fails to perform any duty imposed pursuant to title 27 of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article 27 of this chapter shall upon the first finding of such a violation be provided with a warning that future violations shall result in the imposition of a fine. Any person convicted of a second violation shall be liable for a civil penalty not to exceed one hundred dollars. Any person convicted of a third or subsequent violation shall be liable for a civil penalty not to exceed five hundred dollars.

2.

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 title 27 of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article 27 of this chapter may by similar process be enjoined from continuing such violation.

3.

All civil penalties and fines collected for any violation of title 27 of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article 27 of this chapter shall be paid over to the commissioner for deposit in the environmental protection fund established by State Finance Law § 92-S (Environmental protection fund)section ninety-two-s of the state finance law.

Source: Section 71-2728 — Enforcement of title 27 of article 27 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2728 (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

§ 71-2728’s source at nysenate​.gov

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