N.Y.
Environmental Conservation Law Section 71-2907
Sanctions
1.
Administrative sanctions. Except as otherwise provided in this subdivision, any person who violates any provision of article 33 (Pesticides)article 33 of this chapter or any rule, regulation or order issued thereunder or commits any offense described in § 33-1301 (Unlawful acts)section 33-1301 of this chapter shall be liable to the people of the state for a civil penalty not to exceed five thousand dollars for a first violation, and not to exceed ten thousand dollars for a subsequent offense, to be assessed by the commissioner after a hearing or opportunity to be heard. Notwithstanding any provision of law to the contrary, an owner or owner’s agent of a multiple dwelling or owner, owner’s agent or a person in a position of authority for all other types of premises, as such terms are defined in paragraph d of subdivision five of § 33-0905 (Pesticide applicator certification)section 33-0905 of this chapter, who violates any provision of a local law adopted pursuant to subdivision one of § 33-1004 (Lawn applications)section 33-1004 of this chapter relating to paragraph b of such subdivision, and a person, who violates any provision of a local law adopted pursuant to subdivision one of § 33-1004 (Lawn applications)section 33-1004 of this chapter relating to paragraph c of such subdivision, and a person who violates the provisions of subdivision three of Social Services Law § 390-C (Notice of pesticide applications)section three hundred ninety-c of the social services law shall, for a first such violation, in lieu of a penalty, be issued a written warning and shall also be issued educational materials pursuant to subdivision two of § 33-1005 (Rules and regulations)section 33-1005 of this chapter. Such person shall, however, for a second violation, be liable to the people of the state for a civil penalty not to exceed one hundred dollars, and not to exceed two hundred fifty dollars for any subsequent violation, such penalties to be assessed by the commissioner after a hearing or opportunity to be heard. Notwithstanding any provision of law to the contrary, any person who violates the provisions of a local law adopted pursuant to subdivision one of § 33-1004 (Lawn applications)section 33-1004 of this chapter relating to paragraph a of such subdivision, shall be issued a warning for the first violation and shall be provided seven days to correct such violation; and shall be liable to the people of the state for a civil penalty not to exceed one hundred dollars for a second violation, and not to exceed two hundred fifty dollars for a subsequent violation, to be assessed by the commissioner after a hearing or opportunity to be heard. The commissioner, acting by the attorney general, may bring suit for collection of such assessed civil penalty in any court of competent jurisdiction. Such civil penalty may be released or compromised by the commissioner before the matter has been referred to the attorney general; and where such matter has been referred to the attorney general, any such penalty may be released or compromised and any action commenced to recover the same may be settled and discontinued by the attorney general with the consent of the commissioner. Any civil penalty assessed by the commissioner under this subdivision shall be reviewable in a proceeding under article 78 of the civil practice law and rules.2.
Civil sanctions. In lieu of seeking administrative sanctions, the commissioner may refer any violation described in subdivision 1 of this section to the attorney general who shall be empowered to bring a civil suit to seek any of the sanctions described in subdivision 1 of this section. Any such sanctions imposed may be released or compromised or the action may be settled and discontinued by the attorney general with the consent of the commissioner.3.
Criminal sanctions. Any person who, having the culpable mental states defined in subdivision one or two of section 15.05 or in section 20.20 of the penal law, violates any provision of article 33 (Pesticides)article 33 of this chapter or any rule, regulation thereunder or commits any offense described in § 33-1301 (Unlawful acts)section 33-1301 of this chapter, except an offense relating to the application of a general use pesticide shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed five thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for a subsequent offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine not to exceed ten thousand dollars for each day during which such violation continues or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. When a violation consists of the manufacture or production of any prohibited article, each day during which or any part of which such manufacture or production is carried on or continued, shall be deemed a separate violation. Any person who violates any provision of article 33 (Pesticides)article 33 of this chapter or any rule or regulation thereunder or commits any offense described in § 33-1301 (Unlawful acts)section 33-1301 of this chapter relating to the use of a general use pesticide shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine not to exceed twenty-five hundred dollars. If the conviction is for a subsequent offense committed after the first such conviction of such person under this subdivision, punishment shall be by a fine not to exceed five thousand dollars. Prosecution hereunder may be conducted by either the attorney general or the district attorney consistent with § 71-0403 (Delegation of criminal enforcement authority)section 71-0403 of this article. With respect to violations of § 33-1004 (Lawn applications)section 33-1004 of this chapter, penalties imposed pursuant to this subdivision may be assessed only against a person providing a commercial lawn application.4.
When a violation consists of the sale, or the offering or exposing for sale or exchange of any prohibited article or substance, the sale of each one of several packages shall constitute a separate violation, and each day on which any such article or substance is offered or exposed for sale or exchange shall constitute a separate violation. When the use of any such article or substance is prohibited, each day during which or any part of which such article or substance is so used or furnished for use, shall constitute a separate violation, and the furnishing of the same for use to each person to whom the same may be furnished shall constitute a separate violation. When the storage of any article is prohibited beyond a certain period, each day during which or any part of which any article is so stored beyond the period provided for by article 33 of this chapter or this title shall constitute a separate violation.5.
This section shall not affect the rights of any other person seeking damages arising out of a violation.
Source:
Section 71-2907 — Sanctions, https://www.nysenate.gov/legislation/laws/ENV/71-2907 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
