N.Y. Environmental Conservation Law § 37-0211: Violations

§ 37-0211. Violations.

1. A violation of any of the provisions of this title or any rule or

regulation promulgated pursuant thereto shall be punishable in the case

of a first violation, by a civil penalty not to exceed ten thousand

dollars. In the case of a second and any further violation, the

liability shall be for a civil penalty not to exceed twenty-five

thousand dollars for each violation.

2. No manufacturer or distributor of a product shall be held in

violation of this title who can show that, in the purchase of a package

or packaging component, he or she relied in good faith on the written

assurance of the manufacturer of such packaging or packaging component

that such packaging or packaging component met the requirements of this

title. Such written assurance shall take the form of a certificate of

compliance stating that a package or packaging component is in

compliance with the requirements of this title, provided however, where

compliance is achieved under an exemption provided in subdivision two or

three of section 37-0207 of this title, the certificate shall state the

specific basis upon which the exemption is claimed. The certificate of

compliance shall be signed by an authorized official of the

manufacturing or distributing company.