Section 71-1127. Violations; civil liability  


Latest version.
  • 1.  Any  person who violates any of the provisions of, or who fails to
      perform any duty imposed by article 15 except section  15-1713,  or  who
      violates or who fails to comply with any rule, regulation, determination
      or  order of the department heretofore or hereafter promulgated pursuant
      to article 15 except section 15-1713,  or  any  condition  of  a  permit
      issued  pursuant  to article 15 of this chapter, or any determination or
      order of the former water resources  commission  or  the  Department  of
      Environmental  Conservation  heretofore  promulgated  pursuant to former
      article 5 of the Conservation Law, shall be liable for a  civil  penalty
      of  not  more  than  five  hundred  dollars  for  such  violation and an
      additional civil penalty of not more than one hundred dollars  for  each
      day  during  which  such  violation continues, and, in addition thereto,
      such person may be enjoined from continuing such violation as  otherwise
      provided in article 15 except section 15-1713.
        2.  The  penalties  provided by subdivision 1 of this section shall be
      recoverable in an action instituted in the name of the department by the
      Attorney General upon the request of the department.
        3. An action or cause of action for the recovery of  a  penalty  under
      article  15 or sections 71-1103 through 71-1129 inclusive may be settled
      or compromised in an amount to be  approved  by  the  department  either
      before  or  after  proceedings are brought to recover such penalties and
      prior to the entry for judgment therefor.