Section 71-1929. Violations; civil liability  


Latest version.
  • 1.  A  person  who  violates any of the provisions of, or who fails to
      perform any duty imposed by titles 1 through 11 inclusive and  title  19
      of  article  17,  or the rules, regulations, orders or determinations of
      the commissioner promulgated thereto or the terms of any  permit  issued
      thereunder,  shall  be liable to a penalty of not to exceed thirty-seven
      thousand five hundred dollars  per  day  for  each  violation,  and,  in
      addition  thereto,  such  person  may  be  enjoined from continuing such
      violation as hereinafter provided. Violation of a permit condition shall
      constitute grounds for revocation of such permit, which  revocation  may
      be  accomplished  either  as provided in paragraph f of subdivision 4 of
      section 17-0303 or by order of judgment  of  the  supreme  court  as  an
      alternate  or  additional civil penalty in an action brought pursuant to
      subdivision 3 of this section.
        2. Any penalties for violations of titles 1 through 11  inclusive  and
      title  19  of  article 17 resulting in the killing of fish or shellfish,
      shall be credited to the conservation fund established by section 83  of
      the  State  Finance Law and shall be available for the uses and purposes
      of such fund.
        3. The penalties  provided  by  subdivisions  one  and  two  shall  be
      recoverable in an action brought by the Attorney General.
        4.  An  action  or cause of action for the recovery of a penalty under
      this title may be settled or compromised by the Attorney  General  after
      proceedings are brought to recover such penalties and prior to the entry
      for judgment therefor.