N.Y. Environmental Conservation Law Section 71-2729
Enforcement of title 26 of article 27 of this chapter

1.

a. Any consumer, as defined in title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter, who violates any provision of, or fails to perform any duty imposed by, § 27-2611 (Disposal ban)section 27-2611 of this chapter, shall be liable for a civil penalty not to exceed one hundred dollars for each violation.

b.

Any person, except a consumer, manufacturer, or an owner or operator of an electronic waste collection site, electronic waste consolidation facility, or electronic waste recycling facility as these terms are defined in title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter, who violates any provision, or fails to perform any duty imposed by § 27-2611 (Disposal ban)section 27-2611 of this chapter, shall be liable for a civil penalty not to exceed two hundred fifty dollars for each violation.

c.

Any manufacturer, or any person operating an electronic waste collection site, an electronic waste consolidation facility, or an electronic waste recycling facility as those terms are defined in title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter, who:

i.

fails to submit any report, registration, fee, or surcharge to the department as required by title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter shall be liable for a civil penalty not to exceed one thousand dollars for each day such report, registration, fee, or surcharge is not submitted; and ii. violates any other provision of title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter or fails to perform any duty imposed by such title, except for subdivision four of § 27-2603 (Manufacturer collection)section 27-2603 of this chapter, shall be liable for a civil penalty for each violation not to exceed one thousand dollars for the first violation, two thousand five hundred dollars for the second violation and five thousand dollars for the third and subsequent violations of this title within a twelve-month period.

d.

Any retailer, as defined by § 27-2601 (Definitions)section 27-2601 of this chapter, who violates any provision of title twenty-six of article 27 (Collection, Treatment and Disposal of Refuse and Other Solid Waste)article twenty-seven of this chapter or fails to perform any duty imposed by such title, shall be liable for a civil penalty for each violation not to exceed two hundred fifty dollars for the first violation, five hundred dollars for the second violation and one thousand dollars for the third and subsequent violations of this title in a twelve-month period.

e.

Civil 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, or by the court in any action or proceeding pursuant to this section, and, in addition thereto, such person may by similar process be enjoined from continuing such violation.

2.

All penalties collected pursuant to this section shall be paid over to the commissioner for deposit to the environmental protection fund established pursuant to section ninety-two-s of the state finance law.

Source: Section 71-2729 — Enforcement of title 26 of article 27 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2729 (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

§ 71-2729’s source at nysenate​.gov

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