N.Y. Energy Law § 16-108: Violations, civil liability

§ 16-108. Violations, civil liability. 1. Any person who issues:

(a) a certification that a product listed in paragraphs (a) through

(xx) of subdivision one of section 16-104 of this article complies with

the efficiency standards for such product established by or pursuant to

this article;

(b) a certification that a product not listed in paragraphs (a)

through (xx) of subdivision one of section 16-104 of this article

complies with efficiency standards for such product established pursuant

to paragraph (b) or (c) of subdivision one of section 16-104 of this

article; or

(c) a certification that a product that is subject to federal

efficiency standards that shall have been continued in this state

pursuant to section 16-105 of this article complies with such efficiency

standards, knowing that such product does not comply with such

efficiency standards, shall be liable for a civil penalty of not more

than ten thousand dollars for each such product certified and an

additional penalty of not more than ten thousand dollars for each day

during which such violation continues.

2. Any person who violates the provisions of subdivision two of

section 16-104 of this article, or fails to perform any duty imposed by

this article, or violates or fails to comply with any rule, regulation,

determination, or order adopted, made, or issued by the president or the

secretary pursuant to this article, shall be liable for a civil penalty

of not more than five hundred dollars for each such violation and an

additional civil penalty of not more than one hundred dollars for each

day during which such violation continues, and, in addition thereto,

such person may be enjoined from continuing such violation.

3. An action or cause of action for the recovery of a penalty under

this section may be settled or compromised in an amount to be approved

by the secretary either before or after proceedings are brought to

recover such penalties and prior to the entry for judgment therefor.