N.Y. Environmental Conservation Law Section 71-2730
Enforcement of title 30 of article 27 of this chapter

1.

Any person who shall violate § 27-3003 (Expanded polystyrene foam container and polystyrene loose fill packaging ban)section 27-3003 of this chapter shall be liable to the state of New York for a civil penalty of not more than two hundred fifty dollars for the first violation, not more than five hundred dollars for the second violation in the same calendar year, and not more than one thousand dollars for the third and each subsequent violation in the same calendar year. A hearing or opportunity to be heard shall be provided prior to the assessment of any civil penalty.

2.

(a) The department, the department of agriculture and markets, the department of health, and the attorney general are hereby authorized to enforce the provisions of § 27-3003 (Expanded polystyrene foam container and polystyrene loose fill packaging ban)section 27-3003 of this chapter.

(b)

The provisions of § 27-3003 (Expanded polystyrene foam container and polystyrene loose fill packaging ban)section 27-3003 of this chapter may also be enforced by a county and the local legislative body thereof may adopt local laws, ordinances or regulations consistent with this title providing for the enforcement of such provisions. Provided that a violation of this title may not be enforced by both the state and a county, and provided further that any county that has filed a written declaration pursuant to subdivision two of § 27-3007 (Preemption)section 27-3007 of this title shall not enforce the provisions of this title.

3.

Any fines that are collected by the state during proceedings by the state to enforce the provisions of § 27-3003 (Expanded polystyrene foam container and polystyrene loose fill packaging ban)section 27-3003 of this chapter shall be paid into the environmental protection fund established pursuant to section ninety-two-s of the finance law. * 4. Any fines that are collected by a county during proceedings by the county to enforce the provisions of § 27-3003 (Expanded polystyrene foam container and polystyrene loose fill packaging ban)section 27-3003 of this title within the county shall be retained by the county. * NB Repealed January 1, 2025

Source: Section 71-2730 — Enforcement of title 30 of article 27 of this chapter, https://www.­nysenate.­gov/legislation/laws/ENV/71-2730 (updated Apr. 17, 2020; accessed Apr. 27, 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
Green check means up to date. Up to date

Accessed:
Apr. 27, 2024

Last modified:
Apr. 17, 2020

§ 71-2730’s source at nysenate​.gov

Link Style