§ 24-346 Enforcement and penalties.
AC § 24-346
a. Notwithstanding any other provision of law, the commissioner of environmental protection and the environmental control board shall enforce the provisions of this chapter and chapter four of this title and the regulations promulgated pursuant thereto or pursuant to section fourteen hundred three of the New York city charter as hereinafter provided. Such commissioner and board shall have the power to issue such orders as may be provided for herein and such additional orders as may be necessary for the enforcement of such provisions. b. Any person who violates or fails to comply with any of the provisions of this chapter and chapter four of this title or any order, rule or regulation issued by the board or commissioner or with the conditions of any permit issued by the commissioner within the city of New York shall be liable for a civil penalty of not less than fifty nor more than one thousand dollars for each violation, except that the civil penalty for violating section 24-303.1 shall be not less than two thousand five hundred dollars nor more than twenty-five thousand dollars and the civil penalty for the removal of a manhole cover in violation of section 24-304 shall be not less than two thousand five hundred dollars nor more than ten thousand dollars. In the case of a continuing violation each day's continuance shall be a separate and distinct offense. The environmental control board shall have the power to impose such civil penalties. A proceeding to impose such penalties shall be commenced by the service of a notice of violation returnable to such board. Such board, after a hearing as provided by the rules and regulations of the board, shall have the power to enforce its final decisions and orders imposing such civil penalties as if they were money judgments pursuant to subdivision d of section one thousand forty-nine-a of the New York city charter. A civil penalty imposed by the board may also be collected in an action brought in the name of the city in any court of competent jurisdiction. The board, in its discretion, may, within the limits set forth in this subdivision, establish a schedule of civil penalties indicating the minimum and maximum penalty for each separate offense. c. In addition to the civil penalties set forth in subdivision b of this section and except as otherwise specifically provided, any person who knowingly violates or fails to comply with any provision of this chapter and chapter four of this title or any order, rule or regulation issued by the commissioner or board or with the conditions of any permit issued by the commissioner shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than two hundred fifty nor more than one thousand dollars, or by imprisonment not exceeding thirty days, or both for each violation, except that the punishment for the removal of a manhole cover in violation of section 24-304 shall be a fine of not less than five hundred dollars nor more than ten thousand dollars, or imprisonment not exceeding thirty days, or both for each violation. In the case of a continuing violation each day's continuance shall be a separate and distinct offense. d.
1.In the case of any continued or knowing violation of any of the provisions of this chapter and chapter four of this title or any order, rule or regulation issued by the board or commissioner or of the conditions of any permit issued by the commissioner within the city of New York or where the board finds that the violation of any of such provisions or of the conditions of any such permit presents or may present a danger to the water supply or the water supply system, the board after notice and the opportunity for a hearing in accordance with the rules and regulations of the board, may issue a cease and desist order requiring any person who owns, leases, operates, controls or supervises any building, structure, facility, device, equipment, installation or operation to cease and desist from any activity or process which causes or is conducted so as to cause such violation within the time specified in such order.
2.Such order may provide that if the order is not complied with or so far complied with as the commissioner of environmental protection may regard as reasonable within the time specified therein, the commissioner may take such action as shall be specified therein, including but not limited to: (a) sealing, blocking or inactivating any equipment, facility or device; or (b) terminating the water supply. For such purpose the commissioner or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property. e.
3.If the order is not complied with or so far complied with as the commissioner may regard as reasonable, within the time specified therein the commissioner may act to halt or prevent such violation by: (a) sealing, blocking or otherwise inactivating any equipment, facility or device; (b) terminating the water supply; or (c) any other means or method that is reasonable under the circumstances. For such purpose the commissioner or his or her deputies or such other officers or employees as are designated by the commissioner may enter on any public or private property.
4.Any person affected by such an order may make written application to the environmental control board for a hearing. Such hearing shall be provided, pursuant to the rules and regulations of the board, and shall be held within forty-eight hours after the receipt of such application. The board may suspend, modify or terminate such order. f. If the respondent fails to comply with any order issued by the board or commissioner or with the conditions of any permit, or the board or commissioner otherwise deems it necessary, the corporation counsel, acting in the name of the city, may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with or restrain by injunction the violation of any order or permit issued by the board or commissioner. g. Any person who violates or fails to comply with any of the provisions of this chapter and chapter four of this title or any order, rule or regulation or with the conditions of any permit issued by the commissioner shall be liable to the city for any expense, loss or damage suffered by the city by reason of such violation. h. Unless otherwise specifically provided, service of any notice or order may be made either personally or by mail addressed to the last known address of the person to be served. (L.L 2016/095, 8/31/2016, eff. 11/29/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2008/035.
