2006 New York Code - Environmental Control Board; Civil Penalties.

 
    § 15-229 Environmental control board; civil penalties.  a. In addition
  to or as an alternative to any of the remedies and penalties provided in
  any  laws,  rules,  or  regulations  enforceable  by the department, any
  person who shall violate or fail to comply with any such laws, rules, or
  regulations  shall,  except  as  otherwise  specifically   provided   in
  subdivision c of section 15-230, be liable for a civil penalty which may
  be  recovered  in  a  proceeding before the environmental control board.
  Such proceeding shall be  commenced  by  the  service  of  a  notice  of
  violation  returnable before the board. Except as otherwise specifically
  provided, such civil penalty shall be determined  as  follows:  (1)  The
  maximum  penalty  for  the first violation shall be one thousand dollars
  ($1,000); (2) the maximum penalty for  the  second  and  any  subsequent
  violation of the same provision of law, rule or regulation shall be five
  thousand  dollars  ($5,000),  provided the violation is committed by the
  same respondent, is for the same provision of law, rule  or  regulation,
  and  occurs  within  eighteen  months  of first violation, and provided,
  further, that if the respondent is the owner,  agent,  lessee  or  other
  person  in  control  of the premises with respect to which the violation
  occurred, the violation occurred at the same premises.
    * b. For the  purposes  of  the  multiple  offense  schedule,  if  the
  respondent  is  the  owner  or  agent  of the building or structure with
  respect to which the violation  occurred  or  a  lessee  of  the  entire
  building  or structure, the term premises shall mean the entire building
  or structure. If the respondent is the lessee or person in control of  a
  part  of  such  building or structure, the term premises shall mean that
  part of such building or structure leased to or under the control of the
  respondent.
    * NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
    * c. Notwithstanding any other  provision  of  this  section,  if  the
  respondent  is  the  owner  or  agent  of the building or structure with
  respect to which the violation  occurred  or  a  lessee  of  the  entire
  building  or  structure,  a prior violation by the same respondent shall
  not serve as a predicate for purposes of the multiple  offense  schedule
  set  forth  in  this section if the prior violation or the violation for
  which penalties are to  be  imposed  occurred  within  an  area  of  the
  building or structure which, at the time of the violation, was leased to
  and  under the control of a person other than the respondent except that
  this provision shall not apply if  both  the  prior  violation  and  the
  violation  for  which  penalties are to be imposed occurred within areas
  leased to and under the control of the same lessee.  In  any  proceeding
  before  the  board,  the  burden of proof with respect to this exception
  shall be upon the respondent.
    * NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14
    * d. The commissioner may, by rule or regulation, establish a schedule
  of civil penalties providing a maximum penalty for the violation of each
  separate provision of law, rule or regulation based  on  the  degree  of
  seriousness  of  the  violation. Such maximum penalties shall not exceed
  the maximum penalties for such violation set forth in this section.
    * NB Added L.L. 80/85 § 8, language juxtaposed per Ch. 907/85 § 14