N.Y. ENV Law § 71-2730

§ 71-2730. Enforcement of title 30 of article 27 of this chapter.\n 1. Any person who shall violate section 27-3003 of this chapter shall\nbe liable to the state of New York for a civil penalty of not more than\ntwo hundred fifty dollars for the first violation, not more than five\nhundred dollars for the second violation in the same calendar year, and\nnot more than one thousand dollars for the third and each subsequent\nviolation in the same calendar year. A hearing or opportunity to be\nheard shall be provided prior to the assessment of any civil penalty.\n 2. (a) The department, the department of agriculture and markets, the\ndepartment of health, and the attorney general are hereby authorized to\nenforce the provisions of section 27-3003 of this chapter.\n (b) The provisions of section 27-3003 of this chapter may also be\nenforced by a county and the local legislative body thereof may adopt\nlocal laws, ordinances or regulations consistent with this title\nproviding for the enforcement of such provisions. Provided that a\nviolation of this title may not be enforced by both the state and a\ncounty, and provided further that any county that has filed a written\ndeclaration pursuant to subdivision two of section 27-3007 of this title\nshall not enforce the provisions of this title.\n 3. Any fines that are collected by the state during proceedings by the\nstate to enforce the provisions of section 27-3003 of this chapter shall\nbe paid into the environmental protection fund established pursuant to\nsection ninety-two-s of the finance law.\n * 4. Any fines that are collected by a county during proceedings by\nthe county to enforce the provisions of section 27-3003 of this title\nwithin the county shall be retained by the county.\n * NB Repealed January 1, 2030\n