§ 813. Penalties and enforcement.
321 words·~1 min read·
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§ 813. Penalties and enforcement. 1. Any person who violates any
provision of this article or any rule or regulation promulgated by the
agency, or the terms or conditions of any order or permit issued by the
agency pursuant to this article shall be liable to a civil penalty of
not more than five hundred dollars for each day or part thereof during
which such violation continues. The civil penalties provided by this
subdivision shall be recoverable in an action instituted in the name of
the agency by the attorney general on his own initiative or at the
request of the agency.
2. Alternatively or in addition to an action to recover the civil
penalties provided by subdivision one of this section, the attorney
general may institute in the name of the agency any appropriate action
or proceeding to prevent, restrain, enjoin, correct or abate any
violation of, or to enforce, any provision of this article or any rule
or regulation promulgated by the agency, or the terms or conditions of
any order or permit issued by the agency pursuant to this article. The
court in which the action or proceeding is brought may order the joinder
of appropriate persons as parties and may order the appropriate person
or the person responsible for the violation to take such affirmative
measures as are properly within its equitable powers to correct or
ameliorate the violation, having regard to the purposes of this article
and the determinations required by subdivision ten of section eight
hundred nine.
3. Such civil penalty may be released or compromised by the agency
before the matter has been referred to the attorney general, and where
such matter has been referred to the attorney general, any such penalty
may be released or compromised and any action or cause of action
commenced to recover the same may be settled or discontinued by the
attorney general with the consent of the agency.