Part 425: Civil Penalties
Please note: the Civil Penalties requirements of this regulation have been superceded by a change in statute. Civil penalties will be assessed in accordance with §71-1307 (this link leaves DEC's website).
(Statutory authority: Environmental Conservation Law, §§ 3-0301, 23-2721, 71-1307)
§425.1 General Provisions
(a) In addition to the refusal to renew, suspension or revocation of a mining permit the department may assess a penalty if it determines that a permittee has not complied with any of the terms of the permit; title 27; or any rule, regulation, standard or condition promulgated pursuant thereto. The department shall notify the permittee of the alleged violation in writing and the permittee shall have the right to request a hearing pursuant to Part 426 of this Title.
(b) Nothing in this Subchapter shall be deemed to abrogate the right of the department to order an immediate suspension of the mining permit or mining and reclamation operations or operations incidental or appurtenant thereto, pursuant to section 71-0301 of the Environmental Conservation Law.
(c) Any person who violates any provision of title 27 or any rule, regulation or order of the department made pursuant thereto shall be subject to a civil penalty of not more than $5,000 and an additional penalty of $1,000 for each day in which the violation continues.