New York Codes, Rules and Regulations, Subpart 750-2, Section 750-2.4 - Operator and permittee liability | New York Codes, Rules and Regulations

(a) Any person who, having any of the culpable mental states defined in section 15.05 of the Penal Law, shall violate any of the provisions of titles 1 through 5, 9 through 11 and 19 of article 17 of ECL or the rules, regulations, orders or determinations of the commissioner promulgated thereto, or the terms of any permit issued thereunder, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation or by imprisonment for a term of not more than one year, or by both such fine and imprisonment. If the conviction is for an offense committed after a first conviction of such person under this subdivision, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both.

(b) Any person is guilty of a class A misdemeanor who with criminal negligence, as defined in section 15.05 of the Penal Law:

(1) violates any provision of title 7 or 8 of article 17 of ECL;

(2) violates the rules or regulations promulgated thereunder;

(3) violates any term of any permit issued thereunder;

(4) violates any requirement imposed in a pretreatment program approved pursuant to section 402(a)(3), 402(b)(8) of the act (see section 750-1.25 of this Part), or approved pursuant to title 7 or 8 of article 17 of ECL;

(5) violates any final administrative orders issued pursuant to article 71 of ECL where an opportunity for a hearing is provided; or

(6) introduces into a sewer system or publicly owned treatment works any pollutant or hazardous substance:

(i) when such person knew that such introduction was likely to cause personal injury or property damage, except if that introduction was in compliance with all applicable Federal, State or local requirements or permits; or

(ii) which causes the treatment works to violate any term of any permit issued under title 7 or 8 of article 17 of ECL or the rules or regulations promulgated thereunder except if that introduction was in compliance with all applicable Federal, State or local requirements or permits.

(c) Any person is guilty of a class E felony who knowingly, as defined in section 15.05 of the Penal Law:

(1) violates any provision of title 7 or 8 of article 17 of ECL;

(2) violates the rules or regulations promulgated thereunder;

(3) violates any term of any permit issued thereunder;

(4) violates any requirement imposed in a pretreatment program approved pursuant to section 402(a)(3), 402(b)(8) of the act (see section 750-1.25 of this Part), or approved pursuant to title 7 or 8 of article 17 of this ECL;

(5) violates any final administrative orders issued pursuant to article 71 of ECL where an opportunity for a hearing is provided; or

(6) introduces into a sewer system or publicly owned treatment works any pollutant or hazardous substance:

(i) when such person knew that such introduction was likely to cause personal injury or property damage, except if that introduction was in compliance with all applicable Federal, State or local requirements or permits; or

(ii) which causes the treatment works to violate any term of any permit issued under title 7 or 8 of article 17 of ECL or the rules or regulations promulgated thereunder except if that introduction was in compliance with all applicable Federal, State or local requirements or permits.

(d) Any person is guilty of a class C felony who intentionally, as defined in section 15.05 of the Penal Law:

(1) violates:

(i) any provision of title 7 or 8 of article 17 of ECL;

(ii) the rules or regulations promulgated thereunder;

(iii) any term of any permit issued thereunder; or

(iv) any final administrative orders issued pursuant to this article where an opportunity for a hearing was provided; and

(2) knows at that time that he thereby places another person who is not a participant in the crime in imminent danger of death or serious bodily injury;

(3) for the purpose of paragraphs (1) and (2) of this subdivision, in determining whether a defendant who is an individual knew that his conduct placed another person in imminent danger of death or serious bodily injury:

(i) the person is responsible only for actual awareness or actual belief that he possessed; and

(ii) knowledge possessed by a person other than the defendant but not by the defendant himself may not be attributed to the defendant.

(e) For purposes of subdivisions (b), (c) and (d) of this section, a single operational upset which leads to simultaneous violations of more than one pollutant parameter shall be treated as a single violation.

(f) Any person shall be guilty of a class E felony who, with intent to deceive, makes any false material statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to title 7 or 8 of article 17 of the ECL or who intentionally falsifies, tampers with, or renders inaccurate any monitoring device or method required to be maintained pursuant to title 7 or 8 of article 17 of ECL.

(g) A person who violates any of the provisions of, or who fails to perform any duty imposed by titles 1 through 11 inclusive and title 19 of article 17, or the rules, regulations, orders or determinations of the commissioner promulgated thereto or the terms of any permit issued thereunder, shall be liable to a penalty of not to exceed $25,000 per day for each violation, and, in addition thereto, such person may be enjoined from continuing such violation as hereinafter provided. Violation of a permit condition shall constitute grounds for revocation of such permit.