N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 353-1.5 - Violations and enforcement

(a) Any person who violates any provision of or who fails to perform any duty imposed by this Part, or any final determination or order of the commissioner issued pursuant to this Part, or Title 30 of Article 27 of the ECL, will be liable for all applicable penalties or sanctions set forth in Article 71, including section 71-2730 and Title 30 of Article 27 of the ECL and, as appropriate, any other New York State law. Such penalties will be assessed by the commissioner after an opportunity to be heard pursuant to the provisions of Part 622 of this Title, ECL sections 71-1709 and 71-2727. In addition, such person may by similar process be enjoined from continuing such violation and any permit or registration issued to such person may be revoked or suspended or a pending renewal application denied. Each day a violation continues or exists is considered a separate violation.

(b) A county must notify the department if it intends to enforce the provisions of section 27-3003 of the ECL.

(c) Any county that has filed a written declaration pursuant to subdivision 2 of section 27-3007 of the ECL and subdivision 353-1.5(b) of this Part shall not enforce the provisions of Title 30 of Article 27 of the ECL.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 353-1.5

Adopted New York State Register March 30, 2022/Volume XLIV, Issue 13, eff. 4/14/2022