2006 New York Code - Inspection To Insure Compliance; Allocation Of Enforcement Costs; Revocation; Civil And Criminal Penalties.

 
  § 23-1715. Inspection  to  insure  compliance; allocation of enforcement
               costs; revocation; civil and criminal penalties.
    1. The department shall have continuing responsibility  of  inspection
  to  insure  compliance  with the terms of an environmental safety permit
  issued under section  23-1707,  of  route  certification  under  section
  23-1713,  and  with  regard  to  non-conforming facilities under section
  23-1719, all in accordance with the terms of this title. It  may  do  so
  either  with  its  own personnel exclusively, or by contract with one or
  more of the  affected  municipalities,  utilizing  municipal  inspection
  personnel,  or  with  one  or  more  private  firms qualified to monitor
  compliance and certify with respect thereto, or by a combination of  the
  foregoing means as it may by regulation provide.
    2.  The  expense  of  enforcement  of  this  act,  including necessary
  training and qualification of municipal fire department personnel  under
  section  23-1717, shall be allocated by the department and assessed upon
  an appropriate basis against the utilities and  others  subject  to  the
  terms of this title, in order that the administration hereof shall be at
  no  net  expense  to  the state or any affected municipality, but rather
  charged  on  an  allocated  basis  to  the  regulated  corporations  and
  individuals subject to the requirements of this title, to be included as
  part  of  the  expense related to the furnishing of this form of energy,
  and properly to be borne by the users thereof.
    3. After notice and upon hearing if requested,  the  department  shall
  determine  the  reasonable  cost  to  the  department of its enforcement
  responsibilities under this title, including direct  costs,  contractual
  obligations  under  subdivision  one  of  this section and under section
  23-1717, and allocated departmental overhead; and, further, shall assess
  said total cost, on an annual basis, against the  utilities  and  others
  subject to this title, allocated on the basis of direct costs related to
  each  of  the  foregoing,  including contractual obligations incurred in
  enforcement and training, and allocated departmental overhead charged on
  the basis of departmental action required during the year with regard to
  the particular utilities and others subject to  its  administration  and
  enforcement responsibilities.
    4.  In  the  event  of  the  failure of the holder of an environmental
  safety permit issued under section 23-1707, of route certification under
  section 23-1713, or of a non-conforming facility under  section  23-1719
  to  comply  with  the  terms  thereof or the provisions of the rules and
  regulations adopted under article 70 of this chapter, the department may
  revoke said permit or certificate pursuant to the provisions of  article
  70  of  this  chapter  and  impose  upon  the  holder  of such permit or
  certificate a civil penalty of up to one thousand dollars for  each  day
  the  holder  thereof has failed to comply with this title or a permit or
  certificate issued hereunder, together with the allocated costs  of  the
  revocation and enforcement proceeding itself.
    5.  In  addition  to  any  civil  penalty  assessed  by the department
  pursuant to subdivision four of this section, any person  who  knowingly
  violates  any provision of this title, any permit or certificate granted
  under this title, or any order, rule, or regulation issued  pursuant  to
  this  title, except where such violation is unintentional and technical,
  shall be guilty of a class A misdemeanor.