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N.Y. Environmental Conservation Law § 71-1503 Enforcement of title 25 of article 27
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§ 71-1503. Enforcement of title 25 of article 27.\n For any first violation by any person who violates any of the\nprovisions of, or who fails to perform any duty imposed by title 25 of\narticle 27 or any regulation promulgated by the commissioner pursuant to\nsuch title 25, in l…
N.Y. Environmental Conservation Law § 71-1701 Applicability of this title
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§ 71-1701. Applicability of this title.\n This title shall be applicable to the enforcement of titles 1 through\n11 and titles 15 through 19 of article 17; article 19; and titles 1 and\n33 of article 27.\n
N.Y. Environmental Conservation Law § 71-1703 Legal presumptions; evidence
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§ 71-1703. Legal presumptions; evidence.\n 1. The actions, proceedings, authority, and orders of the department\nin enforcing the provisions of this chapter listed in section 71-1701,\nand of titles 17 through 21 inclusive of this article applying them to\nspecific cases shall at…
N.Y. Environmental Conservation Law § 71-1705 Rules and regulations of the department; evidence
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§ 71-1705. Rules and regulations of the department; evidence.\n The rules and regulations of the department promulgated pursuant to\nthe provisions of this chapter listed in section 71-1701, and of titles\n17 through 21 inclusive of this article, or the statutes from which they\n…
N.Y. Environmental Conservation Law § 71-1707 Violations of health laws or regulations; penalties
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§ 71-1707. Violations of health laws or regulations; penalties.\n 1. Any person who violates, disobeys or disregards any term or\nprovision of this chapter listed in section 71-1701, or of titles 17\nthrough 21 inclusive of this article or of any lawful notice, order or\nregulati…
N.Y. Environmental Conservation Law § 71-1709 Formal hearings; notice and procedure
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§ 71-1709. Formal hearings; notice and procedure.\n 1. The commissioner, or any person designated by him for this purpose,\nmay issue subpoenas and administer oaths in connection with any hearing\nor investigation under or pursuant to the provisions of this chapter\nlisted in sec…
N.Y. Environmental Conservation Law § 71-1711 Willful violation of health laws
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§ 71-1711. Willful violation of health laws.\n 1. A person who willfully violates or refuses or omits to comply with\nany lawful order or regulation prescribed by any local board of health\nor local health officer, is guilty of a misdemeanor; except, however,\nthat where such ord…
N.Y. Environmental Conservation Law § 71-1713 Obstructing health officer in performance of his duty
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§ 71-1713. Obstructing health officer in performance of his duty.\n A person who wilfully opposes or obstructs a health officer or\nphysician charged with enforcement of the health laws, in performing any\nlegal duty, is guilty of a misdemeanor.\n
N.Y. Environmental Conservation Law § 71-1715 Enforcement: against officers
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§ 71-1715. Enforcement: against officers.\n The performance of any duty or the doing of any act enjoined,\nprescribed or required by the provisions of this chapter listed in\nsection 71-1701, or by titles 17 through 21 inclusive of this article,\nmay be enforced by a proceeding p…
N.Y. Environmental Conservation Law § 71-1717 Examination and inspection of public works
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§ 71-1717. Examination and inspection of public works.\n For purposes of enforcing the provisions of this chapter listed in\nsection 71-1701, and of titles 17 through 21 inclusive of this article,\nall persons having the control, charge or custody of any public\nstructure, work o…
N.Y. Environmental Conservation Law § 71-1719 Summary action
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§ 71-1719. Summary action.\n Whenever the commissioner, after investigation, is of the opinion that\nany person is causing, engaging in or maintaining a condition or\nactivity which in his opinion constitutes danger to the health of the\npeople, and that it therefore appears to b…
N.Y. Environmental Conservation Law § 71-1721 Commissioner's enforcement power and duty
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§ 17-1721. Commissioner's enforcement power and duty.\n The commissioner shall have the power and the duty to enforce this\ntitle and the provisions of this chapter listed in section 71-1701.\n
N.Y. Environmental Conservation Law § 71-1723 Issuance of subpoenas; compelling the attendance and testimony of witnesses
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§ 71-1723. Issuance of subpoenas; compelling the attendance and\n testimony of witnesses.\n The commissioner may issue subpoenas, compel the attendance of\nwitnesses and compel them to testify in any matter or proceeding before\nhim, brought under this title or the provisions of …
N.Y. Environmental Conservation Law § 71-1725 Assessment of Penalties
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§ 71-1725. Assessment of Penalties.\n The commissioner may assess any penalty prescribed for a violation of\nor a failure to comply with any provision contained in this title or\nlisted in section 71-1701, or any lawful notice, order or regulation\nprescribed by the commissioner …
N.Y. Environmental Conservation Law § 71-1901 Applicability of this title
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§ 71-1901. Applicability of this title.\n In addition to the provisions of section 71-0101 and 71-0301 and title\n17 of this article, the provisions of this title shall be applicable to\nthe enforcement of titles 1 through 11 and 15 through 19 inclusive of\narticle 17.\n
N.Y. Environmental Conservation Law § 71-1903 Enforcement of section 17-1703
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§ 71-1903. Enforcement of section 17-1703.\n A violation of the provisions of section 17-1703 shall be a\nmisdemeanor.\n
N.Y. Environmental Conservation Law § 71-1905 Enforcement of section 17-1705
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§ 71-1905. Enforcement of section 17-1705.\n Any person violating any provision of section 17-1705 shall forfeit to\nthe county where the violation occurred the sum of fifty dollars for\nevery such violation.\n
N.Y. Environmental Conservation Law § 71-1907 Enforcement of section 17-1707
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§ 71-1907. Enforcement of section 17-1707.\n 1. Every person violating any provision of section 17-1707 shall\nforfeit to the municipality having a local board of health where the\nviolation occurs the sum of twenty-five dollars for the first day when\nthe violation takes place, …
N.Y. Environmental Conservation Law § 71-1909 Enforcement of section 17-1709
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§ 71-1909. Enforcement of section 17-1709.\n 1. Any board of health named in subdivision 1 of section 17-1709 shall\nexamine into any alleged offense against section 17-1709 within its\njurisdiction and cause the same to be abated, by injunction or\notherwise, if found to exist.\…
N.Y. Environmental Conservation Law § 71-1911 Enforcement of section 17-1711
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§ 71-1911. Enforcement of section 17-1711.\n Any person violating any provision of section 17-1711 shall be guilty\nof an offense, and punishable by a fine of not more than seventy-five\ndollars.\n
N.Y. Environmental Conservation Law § 71-1913 Enforcement of section 17-1713
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§ 71-1913. Enforcement of section 17-1713.\n 1. Any board of health named in subdivision 1 of section 17-1713 shall\nexamine into any alleged offense against section 17-1713 within its\njurisdiction and cause the same to be abated, by injunction or\notherwise, if found to exist.\…
N.Y. Environmental Conservation Law § 71-1915 Enforcement of section 17-1715
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§ 71-1915. Enforcement of section 17-1715.\n 1. Any person violating any provision of section 17-1715 shall be\nguilty of a misdemeanor, and punishable by a fine of not more than five\nhundred dollars or by imprisonment for not more than one year or by both\nsuch fine and impriso…
N.Y. Environmental Conservation Law § 71-1917 Approval and enforcement of orders issued under section 17-1717
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§ 71-1917. Approval and enforcement of orders issued under section\n 17-1717.\n An order issued under section 17-1717 shall not be valid until\napproved by the Governor and the Attorney General, and when so approved\nit shall be the duty of the Attorney General to enforce such or…
N.Y. Environmental Conservation Law § 71-1919 Actions by municipalities to prevent discharge of sewage into waters
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§ 71-1919. Actions by municipalities to prevent discharge of sewage into\n waters.\n 1. Any incorporated city or village in the state of New York, which\nhas made such provision for the disposal of its sewage as not to pollute\nor contaminate therewith any river, stream, lake or …
N.Y. Environmental Conservation Law § 71-1921 Enforcement of section 17-1729
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§ 71-1921. Enforcement of section 17-1729.\n 1. Any person putting in or constructing or maintaining a conduit,\ndischarge pipe or other means of discharging or casting any refuse or\nwaste matter in violation of section 17-1729 shall forfeit to the people\nof the state five doll…
N.Y. Environmental Conservation Law § 71-1923 Enforcement of section 17-1735
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§ 71-1923. Enforcement of section 17-1735.\n Upon receipt of a report from a local board of health under\nsubdivision 2 of section 17-1735 the commissioner shall investigate the\nmatter immediately and shall hold a hearing and give the person or\npersons charged with such violati…
N.Y. Environmental Conservation Law § 71-1925 Penalties
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* § 71-1925. Penalties.\n 1. The penalty for the discharge of sewage from any public sewer\nsystem into any of the waters of the state without a duly issued permit\nfor which a permit is required by title 17 of article 17 shall be five\nhundred dollars, and a further penalty of f…
N.Y. Environmental Conservation Law § 71-1927 Enforcement of titles 1 through 11 inclusive and title 19 of article 17
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§ 71-1927. Enforcement of titles 1 through 11 inclusive and title 19 of\n article 17.\n The commissioner is hereby authorized to:\n 1. Institute or cause to be instituted in a court of competent\njurisdiction proceedings to compel compliance with the provisions of\ntitles 1 throu…
N.Y. Environmental Conservation Law § 71-1929 Violations; civil liability
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§ 71-1929. Violations; civil liability.\n 1. A person who violates any of the provisions of, or who fails to\nperform any duty imposed by titles 1 through 11 inclusive and title 19\nof article 17, or the rules, regulations, orders or determinations of\nthe commissioner promulgate…
N.Y. Environmental Conservation Law § 71-1931 Injunctions
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§ 71-1931. Injunctions.\n It shall be the duty of the Attorney General upon the request of the\ncommissioner to bring an action for an injunction against any person\nviolating any of the provisions of titles 1 through 11 inclusive and\ntitle 19 of article 17 or violating any rule…
N.Y. Environmental Conservation Law § 71-1932 Definitions
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§ 71-1932. Definitions.\n As used in section 71-1933 of this title, the following terms shall\nhave the following meanings:\n 1. "Hazardous substance" means any substance which:\n a. is identified or listed as a hazardous waste or acute hazardous\nwaste in regulations promulgated…
N.Y. Environmental Conservation Law § 71-1933 Violations; criminal liability
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§ 71-1933. Violations; criminal liability.\n 1. Any person who, having any of the culpable mental states defined in\nsection 15.05 of the penal law, shall violate any of the provisions of\ntitles 1 through 5, 9 through 11 and 19 of article 17 or the rules,\nregulations, orders or…
N.Y. Environmental Conservation Law § 71-1935 Emergencies excepted
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§ 71-1935. Emergencies excepted.\n The civil and criminal liabilities imposed by sections 71-1929 and\n71-1933 of this title upon persons violating the provisions of titles 1\nthrough 11 inclusive and title 19 of article 17 and by sections 71-1929\nand 71-1933 of this title shall…
N.Y. Environmental Conservation Law § 71-1937 Jurisdiction of courts in criminal cases
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§ 71-1937. Jurisdiction of courts in criminal cases.\n County courts shall have, in the first instance, jurisdiction of\nfelonies committed under titles 1 through 11 inclusive and title 19 of\narticle 17 and sections 71-1929 through 71-1939 of this article. Subject\nto the power …
N.Y. Environmental Conservation Law § 71-1939 Local enforcement
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§ 71-1939. Local enforcement.\n 1. The health commissioner of any county or part-county health\ndistrict or city is hereby authorized and empowered to bring an action\nin any court of competent jurisdiction for the recovery of any penalty\nprovided in section 71-1929 for any viol…
N.Y. Environmental Conservation Law § 71-1941 Penalties and liability for spills of bulk liquids
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§ 71-1941. Penalties and liability for spills of bulk liquids.\n 1. Except where the owner of or a person in actual or constructive\npossession or control of more than one thousand one hundred gallons, in\nbulk, of any liquid including petroleum which, if released, would or\nwoul…
N.Y. Environmental Conservation Law § 71-1943 Enforcement of section 17-1743
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§ 71-1943. Enforcement of section 17-1743.\n Any person who fails to so notify the department of such release,\ndischarge or spill into the waters of the state as described in section\n17-1743 of this chapter shall, upon conviction, be fined not more than\nthree thousand seven hu…
N.Y. Environmental Conservation Law § 71-1945 Enforcement of title 21 of article 17
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§ 71-1945. Enforcement of title 21 of article 17.\n 1. Except as otherwise provided in this section, any person who\nviolates any provision of title 21 of article 17 of this chapter or any\nrule, regulation or order issued thereunder shall be liable to the\npeople of the state fo…
N.Y. Environmental Conservation Law § 71-2101 Applicability of this title
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§ 71-2101. Applicability of this title.\n In addition to the provisions of section 71-0101 and 71-0301 and title\n17 of this article, the provisions of this title shall be applicable to\nthe enforcement of article 19.\n
N.Y. Environmental Conservation Law § 71-2103 Violations; civil liability
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§ 71-2103. Violations; civil liability.\n 1. Except as provided in section 71-2113, any person who violates any\nprovision of article nineteen or any code, rule or regulation which was\npromulgated pursuant thereto; or any order except an order directing\nsuch person to pay a pen…
N.Y. Environmental Conservation Law § 71-2105 Criminal liability for violations
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§ 71-2105. Criminal liability for violations.\n 1. Except as provided in section 71-2113, any person who shall\nwilfully violate any of the provisions of article 19 or any code, rule\nor regulation promulgated pursuant thereto or any final determination or\norder of the commissio…
N.Y. Environmental Conservation Law § 71-2107 Injunctions
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§ 71-2107. Injunctions.\n It shall be the duty of the attorney general upon the request of the\ncommissioner to bring an action for an injunction against any person\nviolating a provision of article nineteen; any code, rule or regulation\npromulgated pursuant thereto; or any orde…
N.Y. Environmental Conservation Law § 71-2109 Emergencies excepted
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§ 71-2109. Emergencies excepted.\n The civil liabilities which shall be imposed pursuant to the\nprovisions of this title upon persons violating the provisions of any\ncode, rule or regulation shall not be so construed as to include any\nviolation which was caused by an act of Go…
N.Y. Environmental Conservation Law § 71-2111 Enforcement of air pollution emergency rules and regulations
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§ 71-2111. Enforcement of air pollution emergency rules and regulations.\n Any person who violates any of the provisions of any regulation\npromulgated by the commissioner under authority of paragraph y of\nsubdivision one of section 3-0301 shall be liable for a civil penalty of\…
N.Y. Environmental Conservation Law § 71-2113 Violations of section 19-0304 of article 19 of this chapter
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§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.\n 1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by section\n19-0304 of this chapter, or any rule or regulation promulgated …
N.Y. Environmental Conservation Law § 71-2115 Penalty assessment criteria
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§ 71-2115. Penalty assessment criteria.\n In determining the amount of any fine, penalty or sentence imposed\npursuant to this title, the commissioner or the court shall take into\nconsideration any evidence introduced by a party regarding the economic\nimpact of a penalty on a b…
N.Y. Environmental Conservation Law § 71-2201 Enforcement of title 23 of article 23 of this chapter
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§ 71-2201. Enforcement of title 23 of article 23 of this chapter.\n Administrative and civil sanctions. 1. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by title 23\nof article 23 except the duty to accept used oil pursuant to section…
N.Y. Environmental Conservation Law § 71-2301 Applicability of title
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§ 71-2301. Applicability of title.\n In addition to the provisions of sections 71-0101, 71-0301 and title\nfive of this article, the provisions of this title shall be applicable\nto the enforcement of article twenty-four of this chapter.\n
N.Y. Environmental Conservation Law § 71-2303 Violation; penalties
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§ 71-2303. Violation; penalties.\n 1. Civil sanctions. a. Any person who violates, disobeys or disregards\nany provision of article twenty-four, including title five and section\n24-0507 thereof or any rule or regulation, local law or ordinance,\npermit or order issued pursuant t…
N.Y. Environmental Conservation Law § 71-2305 Enforcement
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§ 71-2305. Enforcement.\n 1. The attorney general, upon their own initiative or upon complaint\nof the commissioner or local government, shall prosecute persons alleged\nto have violated article twenty-four of this chapter.\n 2. The commissioner or local government shall have the…