Bill Text: NY S01285 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 1285 (Prior Session Legislation)

Introduced

Bill Title: Relates to the general civil penalty of the environmental conservation law; provides that in addition to the fines, such person may be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended, or a pending renewal application may be denied.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S01285 Detail]

Download: New_York-2019-S01285-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          1285
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 14, 2019
                                       ___________
        Introduced  by  Sens.  GIANARIS, HOYLMAN, KRUEGER, SERRANO -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Environmental Conservation
        AN ACT to amend the environmental conservation law, in relation  to  the
          general civil penalty
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 71-4003 of the environmental conservation  law,  as
     2  amended  by  chapter  99  of  the  laws  of  2010, is amended to read as
     3  follows:
     4  § 71-4003. General civil penalty.
     5    Except as otherwise specifically provided elsewhere in this chapter, a
     6  person who violates any provision of this chapter, or  any  rule,  regu-
     7  lation or order promulgated pursuant thereto, or the terms or conditions
     8  of  any  permit, certificate or order issued thereunder, shall be liable
     9  [to] for a civil penalty of not more than one thousand dollars,  and  an
    10  additional  civil penalty of not more than one thousand dollars for each
    11  day during which each such violation continues; and in addition thereto,
    12  such person may be enjoined from  continuing  such  violation,  and  any
    13  permit or certificate issued to such person may be revoked or suspended,
    14  or  a  pending  renewal  application may be denied.   Any civil penalty,
    15  injunctive relief, or permit or certificate  revocation,  suspension  or
    16  denial  provided for by this [chapter] section may be assessed following
    17  a hearing or opportunity to be heard.
    18    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04405-01-9