(b) A person who violates any provision of this section or any term or
condition of an emergency authorization shall also be required to
perform restoration, mitigation, or elimination of environmental damage,
which is necessary as a direct result of that action. In the event that
such person fails to undertake such work, the department or its agent
may enter upon the lands and waters where the action took place and
perform restoration or other activities which may be necessary to
mitigate or eliminate environmental damage caused by such action. Should
the department undertake such work, or cause it to be undertaken, the
full cost for it shall be charged to and become the responsibility of
the person who conducted the action.
8. The provisions of this section and the regulations promulgated
hereunder shall apply notwithstanding any inconsistent provision of law.
Structure New York Laws
ENV - Environmental Conservation
Article 70 - Uniform Procedures
70-0103 - Legislative Findings and Declarations.
70-0107 - Rules and Regulations; Applicability.
70-0109 - Time Periods for Department Action on Permit Applications.
70-0116 - Emergency Authorization.
70-0118 - Disproportionate Impacts on Disadvantaged Communities.