State v. Town of Wallkill

We agree with the majority that Supreme Court erred in failing to impose the $10,000 fine contained in the parties’ consent order. We also agree that the facts and circumstances of this case do not come within the "other catastrophe” provision of ECL 71-1935. We disagree, however, with the majority’s conclusion that the statutory scheme in question provided Supreme Court the option to impose no penalties for defendant’s noncompliance with the conditions of its permit.

It is noted that plaintiff Commissioner of Environmental Conservation has broad discretion in issuing permits with conditions…