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Who cares
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Sponsors
3 Co-sponsors
History
- Reported referred to codes
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Increases civil penalties for subsequent violations of title 3 or title 7 of article 27 of the environmental conservation law
In Senate Committee · Rules · Sponsor Joseph P. Addabbo Jr.
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A10396
Title of bill
An act to amend the environmental conservation law, in relation to increasing civil penalties for subsequent violations of title 3 or title 7 of article 27 of the environmental conservation law relating to waste transporter permits and solid waste management and resource recovery facilities
Purpose
This legislation creates an enhanced civil penalty structure for second and third violations of titles 3 and 7 of article 27 of the environmental conservation law, which govern waste transporter permits and solid waste management and resource recovery facilities.
Summary of provisions
This bill amends subdivision 1 of section 71-2703 of the environmental conservation law, as amended by chapter 508 of the laws of 1995, paragraph A as amended by section 25 and subpara- graphs i and ii of paragraph B as amended by section 26 of part C of chapter 62 of the laws of 2003 to create an enhanced penalty structure for second and third violations.
Justification
Title 3 of Article 27 the environmental conservation law outlines terms and conditions under which waste transporter permits are issued in the state of New York, while Title 7 of Article 27 of the environmental conservation law regulates the way in which solid waste management and resource recovery facilities operate. Currently, the civil and administrative sanctions associated with the violation of either of these titles only provides a penalty of $7,500 for the first day of a violation and $1,500 for each day the violation continues. Those penalties serve as the maximum that can be imposed for subsequent violations, whether there is a single repeat violation or if there are twenty repeat violations. The diminutive nature of these civil penalties and the lack of a rational scale for repeat violations of the environ- mental conservation law has served to allow for continuous violations of these particular sections. This legislation creates an enhanced civil penalty structure that establishes higher penalties for second and third violations.
Legislative history
This is a new bill.
Fiscal implications
None to the state.
Effective date
This act shall take effect on the one hundred and eightieth day after it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.