New York Consolidated Laws, Environmental Conservation Law - ENV § 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.