Section 71-2703. Violations of title 3 or 7 of article 27 of this chapter

1. Civil and administrative sanctions.  a. Any person who violates any
  of  the provisions of, or who fails to perform any duty imposed by title
  3 or 7 of  article  27  of  this  chapter  or  any  rule  or  regulation
  promulgated   pursuant   thereto,  or  any  term  or  condition  of  any
  certificate  or  permit  issued   pursuant   thereto,   or   any   final
  determination  or  order of the commissioner made pursuant to this title
  shall be liable for a civil penalty not to exceed  seven  thousand  five
  hundred dollars for each such violation and an additional penalty of not
  more  than  one  thousand five hundred dollars for each day during which
  such violation continues, to be assessed by the  commissioner  after  an
  opportunity to be heard pursuant to the provisions of section 71-1709 of
  this  article,  or  by the court in any action or proceeding pursuant to
  section 71-2727 of this title, and, in addition thereto, such person may
  by similar process be enjoined from continuing such  violation  and  any
  permit  or certificate issued to such person may be revoked or suspended
  or a pending renewal application denied.
    b. i. Any person who violates any of the provisions of, or  who  fails
  to  perform  any  duty  imposed  by,  title 3 or 7 of article 27 of this
  chapter, or any rule or regulation promulgated pursuant thereto, or  any
  term  or  condition of any certificate or permit issued pursuant thereto
  and thereby causes the release of  solid  waste  into  the  environment,
  shall  be  liable  for a civil penalty not to exceed eleven thousand two
  hundred fifty dollars for each such violation and an additional  penalty
  of  not more than eleven thousand two hundred fifty dollars for each day
  during  which  such  violation  continues,  to  be   assessed   by   the
  commissioner after an opportunity to be heard pursuant to the provisions
  of  section  71-1709  of  this article, or by the court in any action or
  proceeding pursuant to section 71-2727 of this title, and,  in  addition
  thereto,  such person may by similar process be enjoined from continuing
  such violation and any permit or certificate issued to such  person  may
  be revoked or suspended or a pending renewal application denied.
    ii.  Any person who violates any of the provisions of, or who fails to
  perform any duty imposed by, title 3 or 7 of article 27 of this chapter,
  or any rule or regulation promulgated pursuant thereto, or any  term  or
  condition  of  any  certificate  or  permit  issued pursuant thereto and
  thereby causes the release of more than ten cubic yards of  solid  waste
  into  the environment, shall be liable for a civil penalty not to exceed
  twenty-two thousand five hundred dollars for each such violation and  an
  additional  penalty  of  not  more than twenty-two thousand five hundred
  dollars for each day  during  which  such  violation  continues,  to  be
  assessed  by  the commissioner after an opportunity to be heard pursuant
  to the provisions of section 71-1709 of this article, or by the court in
  any action or proceeding pursuant to section 71-2727 of this title, and,
  in addition thereto, such person may by similar process be enjoined from
  continuing such violation and any permit or certificate issued  to  such
  person  may  be  revoked  or  suspended or a pending renewal application
  denied.
    c. The court in any action or proceeding pursuant to  section  71-2727
  of this chapter may exercise all powers exercisable by the commissioner.
    2.  Criminal sanctions.  a. Any person who, having any of the culpable
  mental states defined in section 15.05 of the penal law,  shall  violate
  any  of  the  provisions  of or who fails to perform any duty imposed by
  title 3 or 7 of article 27 of this chapter, or any rules and regulations
  promulgated pursuant thereto, or any final determination or order of the
  commissioner made pursuant to this title shall be guilty of a  violation
  and,  upon  conviction  thereof, shall be punished by a fine of not less
  than one thousand five hundred dollars nor more  than  fifteen  thousand

  dollars  per  day  of  violation  or  by  imprisonment for not more than
  fifteen days or by both such fine and imprisonment.
    b. i. Any person who shall violate paragraph a of this subdivision and
  thereby  causes  or attempts to cause the release of more than ten cubic
  yards of solid waste into the environment shall be guilty of a  class  B
  misdemeanor and, upon conviction thereof, shall be punished by a fine of
  not  less  than  three  thousand seven hundred fifty dollars per day nor
  more than twenty-two thousand five hundred dollars per day of violation,
  or by imprisonment for a term in accordance with the penal  law,  or  by
  both such fine and imprisonment.
    ii.  Any  person who shall violate paragraph a of this subdivision and
  thereby causes or attempts to cause the release of more than  ten  cubic
  yards  of  solid waste into the environment, after having been convicted
  of a violation of this subdivision  within  the  preceding  five  years,
  shall  be  guilty of a class A misdemeanor and, upon conviction thereof,
  shall be punished by a fine  of  not  less  than  three  thousand  seven
  hundred  fifty  dollars per day nor more than thirty-seven thousand five
  hundred dollars per day of violation, or by imprisonment for a  term  in
  accordance with the penal law, or by both such fine and imprisonment.
    c. i. Any person who shall violate paragraph a of this subdivision and
  thereby  causes  or  attempts  to cause the release of more than seventy
  cubic yards of solid waste into the environment shall  be  guilty  of  a
  class A misdemeanor and, upon conviction thereof, shall be punished by a
  fine of not less than three thousand seven hundred fifty dollars per day
  nor  more  than  thirty-seven  thousand  five hundred dollars per day of
  violation, or by imprisonment for a term in accordance  with  the  penal
  law, or by both such fine and imprisonment.
    ii.  Any  person who shall violate paragraph a of this subdivision and
  thereby causes or attempts to cause the release  of  more  than  seventy
  cubic  yards  of  solid  waste  into  the environment, after having been
  convicted of a violation of this subdivision within the  preceding  five
  years, shall be guilty of a class E felony and, upon conviction thereof,
  shall be punished by a fine of not less than seven thousand five hundred
  dollars  per  day nor more than seventy-five thousand dollars per day of
  violation, or by imprisonment for a term in accordance  with  the  penal
  law, or by both such fine and imprisonment.
    3. Additional sanctions. Any person who violates any of the provisions
  of,  or  who fails to perform any duty imposed by title 7 of article 27,
  with regard to the construction and  operation  of  facilities  for  the
  disposal of construction and demolition debris or any rule or regulation
  promulgated   pursuant   thereto,  or  any  term  or  condition  of  any
  certificate or permit issued pursuant thereto or any final determination
  or order of the commissioner made pursuant to this title shall be liable
  for a civil penalty not to exceed fifteen thousand dollars and each  day
  of  such deposition shall constitute a separate violation and said civil
  penalty is in addition to any other fines  or  penalties  which  may  be
  applied pursuant to this title.
    4.  Definition. As used in this section, the following term shall have
  the following meaning "release" means any  pumping,  pouring,  emitting,
  emptying, discharge, deposit, injection, dumping, spilling or placing of
  a substance.
    5. Penalty assessment criteria. In determining the amount of any fine,
  penalty  or  sentence imposed pursuant to this section, the commissioner
  or the court shall take into consideration any evidence introduced by  a
  party  regarding  the  economic  impact  of a penalty on a business, the
  compliance history of a violator, good faith efforts of  a  violator  to
  comply,  any economic benefit obtained from noncompliance, the amount of
  risk or damage to public health or the environment caused by a violator,

  whether the violation was procedural in nature, or such other factors as
  justice may require.