Section 24-524. Enforcement and penalties

a.  Notwithstanding any other
  provision of law, the commissioner of environmental protection  and  the
  environmental  control  board  shall  enforce the provisions of sections
  24-504 through 24-522 and 24-523 of this  chapter  and  the  regulations
  promulgated pursuant thereto. Such commissioner and board shall have the
  power  to  issue  such  orders  as  may be provided for therein and such
  additional orders as may  be  necessary  for  the  enforcement  of  such
  provisions.
    b.  1.  Whenever  the  commissioner  of  environmental  protection has
  reasonable cause to  believe  that  a  discharge  in  violation  of  the
  provisions  of sections 24-504 through 24-522 and 24-523 of this chapter
  or any order, rule or regulation issued by the board or commissioner  or
  in  violation  of  the  conditions of any permit issued pursuant to such
  provisions creates or may create an imminent danger to the sewer  system
  or  to  the public health or to the life or safety of persons, he or she
  may issue a cease and  desist  order  requiring  any  person  who  owns,
  leases,  operates,  controls  or  supervises  any  building,  structure,
  facility or installation from which the unlawful discharge is emitted to
  take such action as may be necessary to halt or prevent such discharge.
    2. If service of the order cannot  be  made  personally  because  such
  person  cannot  be  located  at  such  time  then service may be made by
  delivering a copy to a person of suitable  age  and  discretion  at  the
  residence  or  place  of  business of the person sought to be served. If
  service cannot be made personally or by such delivery  to  a  person  of
  suitable  age and discretion because of inability to locate or to obtain
  the name or address of such person at such time, service may be made  by
  conspicuously posting a copy of such order upon the property to which it
  relates.  The  posting  of such order shall be sufficient notice of such
  order to all persons  having  a  duty  in  relation  thereto  under  the
  provisions of this subdivision.
    3.  If  the order is not complied with or so far complied with as such
  commissioner may regard as reasonable, within the time specified therein
  such commissioner may act to halt or prevent such discharge by:
    i.  sealing,  blocking  or  otherwise  inactivating   any   equipment,
  facility, or device;
    ii. terminating the water supply to the premises;
    iii.  sealing, blocking or otherwise inactivating any private sewer or
  drain emptying directly or indirectly into the sewer system;
    iv.  any  other  means  or  method  that  is  reasonable   under   the
  circumstances.  For  such  purpose  the  commissioner  of  environmental
  protection or his or her deputies or such other officers or employees as
  are designated by the commissioner may enter on any  public  or  private
  property.
    4.  Any  person affected by such an order may make written application
  to the environmental control board for a hearing. Such hearing shall  be
  provided,  pursuant to the rules and regulations of the board, and shall
  be held within forty-eight hours after the receipt of such  application.
  The board may suspend, modify or terminate such order.
    d.  1. In the case of any continued or knowing violation of any of the
  provisions of sections 24-504 through 24-522 and 24-523 of this  chapter
  or  any  order,  rule  or regulation issued by the environmental control
  board or commissioner of environmental protection pursuant thereto or of
  the conditions of any permit issued pursuant to such provisions or where
  the board finds that the violation of any of such provisions or  of  the
  conditions  of  any  such permit presents or may present a danger to the
  environment or threatens to interfere with the operation  of  the  sewer
  system,  the  board  after  notice  and the opportunity for a hearing in
  accordance with the rules and regulations of  the  board,  may  issue  a

  cease  and desist order requiring any person who owns, leases, operates,
  controls or supervises any building, structure, facility or installation
  to cease and desist from any activity or  process  which  causes  or  is
  conducted  so  as  to  cause such violation within the time specified in
  such order.
    2. Such order may provide that if the order is not complied with or so
  far complied with as the commissioner of  environmental  protection  may
  regard   as   reasonable   within   the  time  specified  therein,  such
  commissioner may  take  such  action  as  shall  be  specified  therein,
  including but not limited to:
    i.  sealing,  blocking  or  inactivating  any  equipment,  facility or
  device;
    ii. terminating the water supply to the premises;
    iii. sealing, blocking or inactivating  any  private  sewer  or  drain
  emptying directly or indirectly into the sewer system.
    For  such  purpose the commissioner of environmental protection or his
  or her deputies or such other officers or employees as are designated by
  such commissioner may enter on any public or private property.
    e. If the respondent fails to comply with  any  order  issued  by  the
  environmental  control board or commissioner of environmental protection
  or with the conditions of any permit,  or  such  board  or  commissioner
  otherwise  deems  it  necessary,  the corporation counsel, acting in the
  name of the city, may maintain an action or proceeding  in  a  court  of
  competent   jurisdiction  to  compel  compliance  with  or  restrain  by
  injuction the violation of any order or permit issued by such  board  or
  commissioner.
    f.  Any  person  who  violates  or  fails  to  comply  with any of the
  provisions of sections 24-504 through 24-522 and 24-523 of this  chapter
  or  any  order,  rule  or regulation issued by the environmental control
  board or commissioner of environmental protection  pursuant  thereto  or
  with  the  conditions  of  any  permit  issued pursuant thereto shall be
  liable for a civil penalty not exceeding ten thousand dollars  for  each
  violation, provided that this subdivision shall not apply to subdivision
  c  of  section  24-509 or subdivisions a and b of section 24-521. In the
  case of a  continuing  violation  each  day's  continuance  shall  be  a
  separate  and  distinct  offense.  The environmental control board shall
  have the power to impose such civil penalties. A  proceeding  to  impose
  such  penalties  shall  be  commenced  by  the  service  of  a notice of
  violation returnable to such board.  Such  board,  after  a  hearing  as
  provided by the rules and regulations of the board, shall have the power
  to  enforce its final decisions and orders imposing such civil penalties
  as if they were money judgments pursuant to subdivision d of section one
  thousand forty-nine-a of the New York  city  charter.  A  civil  penalty
  imposed  by  the board may also be collected in an action brought in the
  name of the city in any court of competent jurisdiction. The  board,  in
  its  discretion,  may,  within the limits set forth in this subdivision,
  establish a schedule of  civil  penalties  indicating  the  minimum  and
  maximum penalty for each separate offense.
    g.  In  addition  to the civil penalties set forth in subdivision f of
  this section, any person who knowingly violates or fails to comply  with
  any  provision  of  sections  24-504 through 24-522 or section 24-523 of
  this chapter or any order, rule or regulation issued by the commissioner
  of environmental protection  or  environmental  control  board  pursuant
  thereto  or  with  the  conditions of any permit issued pursuant thereto
  shall be guilty of a misdemeanor and, upon conviction thereof, shall  be
  punished  by a fine of not less than two hundred fifty nor more than ten
  thousand dollars, or by imprisonment not exceeding thirty days, or  both
  for  each  offense,  provided  that  this subdivision shall not apply to

  subdivision c of section 24-509 or  subdivisions  a  and  b  of  section
  24-521.  In  the  case  of a continuing violation each day's continuance
  shall be a separate and distinct offense. In addition to its application
  to  any  other  person, the fine provided for in this paragraph shall be
  deemed a special fine for a corporation within the  meaning  of  section
  80.10 of the penal law of the state of New York.
    h.  Any  person  who  violates  or  fails  to  comply  with any of the
  provisions of sections 24-504 through 24-522 and 24-523 of this  chapter
  or  any  order,  rule  or regulation issued pursuant thereto or with the
  conditions of any permit issued pursuant thereto shall be liable to  the
  city  for  any expense, loss or damage suffered by the city by reason of
  such violation.
    i. Unless otherwise provided in this section, service of any notice or
  order required by this section may be made either personally or by  mail
  addressed to the last known address of the person to be served.