N.Y. Environmental Conservation Law § 71-3705

§ 71-3705. Enforcement of section 37-0115.\n 1. Any person who violates any provision of or fails to perform any\nduty imposed by section 37-0115 of this chapter shall upon the first\nfinding of such a violation be liable for a civil penalty not to exceed\nfive hundred dollars for each violation. Any person convicted of a\nsecond or subsequent violation shall be liable for a civil penalty not\nto exceed twenty-five hundred dollars for each violation.\n 2. Penalties under this section shall be assessed by the commissioner\nafter a hearing pursuant to the provisions of section 71-1709 of this\narticle. In assessing the penalty under this section, the commissioner\nshall consider: the nature and extent of the violation; the number and\nseverity of the violations; the economic effect of the penalty on the\nviolator; whether the violator took good faith measures to comply with\nthis chapter; the willfulness of the violator's misconduct; the\ndeterrent effect that the imposition of the penalty would have on both\nthe violator and the regulated community as a whole; and other factors\nthat the commissioner deems appropriate and relevant. Any person found\nto have violated section 37-0115 of this chapter may be enjoined from\ncontinuing such violation.\n 3. All civil penalties and fines collected for any violation of\nsection 37-0115 of this chapter shall be paid over to the commissioner\nfor deposit in the environmental protection fund established by section\nninety-two-s of the state finance law.\n