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 * NB Repealed January 1, 2030
Source:
Section 71-2730 — Enforcement of title 30 of article 27 of this chapter, https://www.nysenate.gov/legislation/laws/ENV/71-2730 (updated Aug. 30, 2024; accessed Oct. 26, 2024).
