Environmental Law Violations in New York – Legal Help for Businesses & Property Owners

Environmental Law Violations in New York – Get Legal Help Today

If your business or property has been cited for an environmental law violation in New York, you need experienced legal representation to protect your interests. Environmental laws at the state and federal level regulate hazardous materials, pollution, land use, and water contamination, and violations can result in heavy fines, lawsuits, or even criminal charges.

The law firm has experience handling cases involving the New York State Department of Environmental Conservation (NYSDEC), U.S. Environmental Protection Agency (EPA), and local health departments. Whether you’re facing an enforcement action, need help with compliance, or want to challenge a violation, legal guidance is critical.


Common Environmental Law Violations in New York

Businesses and property owners can face penalties for failing to comply with New York’s strict environmental regulations. Below are some of the most common violations:

1. Hazardous Materials Storage & Disposal Violations

  • New York State Environmental Conservation Law (ECL) Article 27 – Governs hazardous waste management.
  • Common violations:
    • Improper storage, labeling, or disposal of hazardous materials.
    • Failure to maintain a Spill Prevention, Control, and Countermeasure (SPCC) Plan.
    • Leaking underground storage tanks (USTs) or aboveground storage tanks (ASTs).

2. Petroleum & Gasoline Storage Violations

  • Navigation Law Article 12 (Oil Spill Law) – Governs oil spills and liability for cleanup.
  • Common violations:
    • Failure to report an oil spill immediately.
    • Illegal dumping of petroleum products.
    • Operating petroleum bulk storage facilities without proper permits (6 NYCRR Part 613).

3. Air & Water Pollution Violations

  • ECL Article 17 (Water Pollution Law) – Regulates wastewater discharge and industrial pollutants.
  • ECL Article 19 (Air Pollution Control Law) – Regulates emission limits and air quality standards.
  • Common violations:
    • Discharging untreated waste into lakes, rivers, or storm drains.
    • Unauthorized emission of hazardous air pollutants.
    • Operating without a National Pollutant Discharge Elimination System (NPDES) permit.

4. Lead, Asbestos & Toxic Material Violations

  • 6 NYCRR Part 56 (Asbestos Handling Regulations) – Requires proper asbestos removal.
  • New York City Local Law 1 (Lead Paint Law) – Regulates lead-based paint exposure.
  • Common violations:
    • Failure to remove lead-based paint in rental units.
    • Improper disposal of asbestos-containing materials.

5. Land Use & Zoning Violations

  • ECL Article 8 (SEQRA – State Environmental Quality Review Act) – Requires environmental impact assessments.
  • Common violations:
    • Developing on protected wetlands without a permit.
    • Failing to complete an Environmental Impact Statement (EIS) for construction projects.

Penalties for Environmental Violations in New York

Environmental violations can result in civil penalties, criminal charges, and mandatory remediation costs. Below are common penalties for non-compliance:

Civil Penalties & Fines

  • Hazardous Waste Violations (ECL Article 27) – Up to $37,500 per day per violation.
  • Oil Spill Violations (Navigation Law Article 12) – Up to $25,000 per day plus clean-up costs.
  • Water Pollution Violations (ECL Article 17) – Up to $250,000 per violation for major industrial pollutants.
  • Asbestos Violations (6 NYCRR Part 56) – Fines up to $25,000 per violation per day.

Criminal Penalties

  • Misdemeanor Charges – Up to 1 year in jail for knowingly violating storage requirements.
  • Felony Charges – Up to 4 years in prison for repeat violations or intentional hazardous waste dumping.

Business Shutdown & Lawsuits

  • Regulatory agencies can shut down facilities for major violations.
  • Companies and property owners can face lawsuits from individuals or government agencies.

How a Lawyer Can Help with Environmental Violations

Environmental law is highly technical and requires strong legal representation to:
Challenge violations and negotiate penalty reductions.
Defend against government enforcement actions.
Ensure compliance with environmental regulations.
Represent businesses and property owners in administrative hearings and court cases.

If you’re dealing with a notice of violation, environmental compliance issue, or government enforcement action, legal assistance can protect your business and assets.


Recent Environmental Law Cases in New York

General Electric Settlement – Hazardous Waste Cleanup

  • Background: General Electric (GE) faced environmental law violations for hazardous waste disposal in New York.
  • Outcome: GE paid a $2.25 million penalty and was required to remediate contaminated sites.

Covanta Hempstead Violation – Waste Facility Compliance

  • Background: A waste-to-energy plant in New York failed to comply with state environmental laws.
  • Outcome: The company was required to improve waste management practices and pay penalties.

Why Choose the Law Firm?

  • Extensive experience with New York environmental laws.
  • Strong track record in negotiating with NYSDEC, EPA, and local agencies.
  • Aggressive defense against civil fines and regulatory enforcement.
  • Personalized legal strategies for businesses, developers, and property owners.

Contact Us for Environmental Law Defense

Facing environmental law violations in New York?

The law firm can help you fight penalties, ensure compliance, and protect your business.

Act now—penalties and enforcement actions escalate quickly!

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