N.Y. Environmental Conservation Law § 71-2115

§ 71-2115. Penalty assessment criteria.\n In determining the amount of any fine, penalty or sentence imposed\npursuant to this title, the commissioner or the court shall take into\nconsideration any evidence introduced by a party regarding the economic\nimpact of a penalty on a business, the compliance history of a violator,\ngood faith efforts of a violator to comply, any economic benefit\nobtained from noncompliance, the amount of risk or damage to public\nhealth or the environment caused by a violator, whether the violation\nwas procedural in nature, or such other factors as justice may require.\n