N.Y. Environmental Conservation Law 71-1117 – Enforcement of section 15-1745
§ 71-1117. Enforcement of section 15-1745.
Terms Used In N.Y. Environmental Conservation Law 71-1117
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
1. Any person or public corporation violating subdivision 1 of section 15-1745, shall be guilty of a violation punishable by a fine of not more than five thousand dollars.
2. In addition, the department may, in an action instituted by it in any court of competent jurisdiction, recover from any such person or public corporation the sum of one hundred fifty dollars per day for each day that such person or public corporation continues to take, draw, divert or make use of any part or portion of such waters.
3. The department may bring actions through the Attorney General to enjoin violations of section 15-1745.
4. The prima facie evidence provision in subdivision 2 of section 15-1745 shall apply in all proceedings, criminal or civil, under this section 71-1117.