N.Y. Environmental Conservation Law § 33-0925: Sanctions

§ 33-0925. Sanctions.

Notwithstanding any other provision of law or regulation pursuant to

this title and/or any provision of this article as it relates to the

application of aquatic antifouling paints, any person who violates any

provision of this title or any rule, regulation or order issued

thereunder shall be liable to the people of this state for a civil

penalty of up to one thousand dollars for a first violation to be

assessed by the commissioner after a hearing or opportunity to be heard.

In determining the amount of the penalty, the commissioner shall take

into account whether the violation posed an immediate threat to the

environment or the health and safety of the public. Any subsequent

violation of this title and/or any provision of this article as it

relates to the application of aquatic antifouling paints would be

subject to the appropriate sanctions pursuant to sections 71-2907 and

71-2911 of this chapter.