In order to carry out the purposes and provisions
of this chapter, the agency shall have the following powers:
A.
To appoint officers, agents, employees and prescribe
their duties and qualifications and fix their compensation.
B.
To adopt, amend and repeal, after public hearing (except
in the case of rules and regulations that relate to the organization
or internal management of the agency), said rules and regulations,
consistent with this chapter, as it deems necessary to administer
this chapter and to do any and all things necessary or convenient
to carry out the purpose policies of this chapter;
C.
To contract for professional and technical assistance
and advice.
D.
To hold hearings and subpoena witnesses in the exercise
of its powers, functions and duties provided for in this chapter.
A.
To the greatest extent practicable, any public hearing held pursuant to § 161-11 of this chapter shall be incorporated with any public hearing required by or pursuant to the New York State Town Law, Village Law, General City Law, General Municipal Law or Environmental Conservation Law relating to approvals or permits otherwise required for the undertaking of regulated activities on the freshwater wetland or adjacent area in question.
B.
No permit granted pursuant to this chapter shall remove
any person's obligation to comply in all respects with the applicable
provisions of any other federal, state or local law or regulation,
including but not limited to the acquisition of any other required
permit or approval.
A.
The agency may require that, prior to commencement
of work under any permit issued pursuant to this chapter, the permittee
shall post a bond with the agency, in an amount determined by the
agency, conditioned upon the faithful compliance with the terms of
such permit, and for the indemnification of the Village for restoration
costs resulting from failure to so comply. Such bond shall be issued
by a corporate surety authorized to do business in the state and shall
be in favor of the Village. It shall remain in effect until the agency
certifies that the work has been completed in compliance with the
terms of the permit or the bond is released by the agency, or a substitute
bond is provided.
B.
The agency shall set forth, in writing, in the file
it keeps regarding a permit application, its findings and reasons
for imposing a bond pursuant to this section.
A.
The agency may suspend or revoke a permit issued pursuant
to this chapter where it finds that the permittee has not complied
with any or all terms of such permit, has exceeded the authority granted
in the permit or has failed to undertake the project in the manner
set forth in the application.
B.
The agency shall set forth, in writing, in the file
it keeps regarding a permit application, its findings and reasons
for revoking or suspending a permit pursuant to this section.
A.
Administrative sanctions. Any person who violates,
disobeys or disregards any provision of this chapter, including any
provision of any permit issued pursuant to this chapter or any rule
or regulation adopted by the agency pursuant to this chapter, shall
be liable to the people of the state for a civil penalty of not to
exceed $3,000 for every such violation, to be assessed, after a hearing
or opportunity to be heard upon due notice and with the rights to
specification of the charges and representation by counsel at such
hearing, by the agency. Such penalty may be recovered in an action
brought by the Attorney General at the request and in the name of
the agency in any court of competent jurisdiction. Such civil penalty
may be released or compromised by the agency before the matter has
been referred to the Attorney General, and such penalty may be decreased
or compromised and any action commenced to recover the same may be
settled and discontinued by the Attorney General with the consent
of the agency. In addition, the agency shall have power, following
a hearing held in conformance with the procedures set forth in § 71-1709
of the State Environmental Conservation Law, to direct the violator
to cease his or her violation of this chapter and to restore the affected
freshwater wetland to its condition prior to the violation, insofar
as that is possible within a reasonable time and under the supervision
of the agency. Any such order of the agency shall be enforceable in
an action brought by the Attorney General at the request and in the
name of the agency in any court of competent jurisdiction. Any civil
penalty or order issued by the agency pursuant to this subdivision
shall be reviewable in a proceeding pursuant to Article 78 of the
State Civil Practice Law and Rules.
B.
Criminal sanctions. Any person who violates an order,
permit or rule or regulation of the agency regulating freshwater wetlands
and adjacent areas pursuant to this chapter, shall, in addition, for
the first offense, be guilty of a violation punishable by a fine of
not less than $500 nor more than $1,000; for a second and each subsequent
offense he or she shall be guilty of a misdemeanor punishable by a
fine of not less than $1,000 nor more than $2,000 or a term of imprisonment
of not less than 15 days nor more than six months, or both. Instead
of these punishments, any offender may be punished by being ordered
by the court to restore the affected freshwater wetland to its condition
prior to the offense insofar as that is possible. The court shall
specify a reasonable time for the completion of such restoration,
which shall be effected under the supervision of the agency. Each
offense shall be a separate and distinct offense as in the case of
a continuing offense, each day's continuance thereof shall be deemed
a separate and distinct offense.
A.
The Attorney General, upon his or her own initiative,
or upon complaint of the agency, shall prosecute persons alleged to
have violated any such order of the agency pursuant to this chapter.
B.
The agency shall have the right to seek equitable
relief to restrain any violation or threatened violation of the provisions
of this chapter.
A.
Any decision or order of the agency or any officer
or employee thereof, made pursuant to or within the scope of this
chapter, may be reviewed by the Board at the instance of any person
affected thereby, including but not limited to any owner of the affected
wetland or adjacent area and any resident or citizen of the Village
in accordance with Title 11 of Article 24 of the Environmental Conservation
Law, provided that such review is commenced by the filing with the
Board of a notice of review within 30 days after service of such order
or notice of such decision given, as the case may be.
B.
Any party to any proceeding before the agency may
make an appeal to the Board in accordance with Title 11 of Article
24 of the State Environmental Conservation Law from its order or decision
of the agency, or any officer or employee thereof, issued or made
pursuant to or within the scope of this chapter, provided that such
appeal is commenced by filing with the Board of a notice of appeal
within 30 days after service of such order or after notice of such
decision given, as the case may be.
C.
Any decision or order of the agency, or any officer
or employee thereof, made pursuant to or within the scope of this
chapter may be reviewed at the instance of any person, including but
not limited to any owner of the affected wetland or adjacent area
and any resident or citizen of the Village in accordance with Article
78 of the State Civil Practice Law and Rules, provided that such review
is commenced within 30 days of the filing of such decision or order,
and the limitation upon the availability of such remedy as prescribed
in § 7801 of the Civil Practice Law and Rules shall not
be applicable to the applications for review of determinations and
orders made pursuant to this chapter.
D.
The institution of a judicial proceeding to review
a determination or order of the agency shall preclude the institution
of a proceeding before the Board to review a determination or order.
The availability of such review by the Board shall not affect the
right of any person to seek review of a determination of the agency
as provided in Article 78 of the State Civil Practice Law and Rules.
