ECL 71-2115 · Title 21. Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations
Penalty assessment criteria
Text — Law content up to date as of October 30, 2026, as published by the New York State Senate (Open Legislation)
§ 71-2115. Penalty assessment criteria.
In determining the amount of any fine, penalty or sentence imposed pursuant to this title, the commissioner or the court shall take into consideration any evidence introduced by a party regarding the economic impact of a penalty on a business, the compliance history of a violator, good faith efforts of a violator to comply, any economic benefit obtained from noncompliance, the amount of risk or damage to public health or the environment caused by a violator, whether the violation was procedural in nature, or such other factors as justice may require.
Source of truth
- Edition
- Law content up to date as of October 30, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/ENV71-2115
- Text hash
- sha256 8c0c7e5cac22cda74a88f7616ac344c569fa99e03427a1ae0413b1bb9f95e6ef
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.