New York Laws
Title 21 - Enforcement of Article 19 and Air Pollution Emergency Rules and Regulations
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.

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