N.Y. Environmental Conservation Law § 71-2722: Enforcement of section 27-1701 of this chapter

§ 71-2722. Enforcement of section 27-1701 of this chapter.

Administrative and civil sanctions. 1. Any person who knowingly or

intentionally violates any of the provisions or fails to perform any

duty imposed by section 27-1701 of this chapter, except the duty to

accept a lead-acid battery pursuant to subdivision four of such section,

shall be liable for a civil penalty not to exceed seventy-five dollars

for each violation, provided that such civil penalty shall be in

addition to any other penalties authorized under other state or local

laws governing the illegal disposal of lead-acid batteries.

2. Any retailer or distributor who refuses to accept a lead-acid

battery as required pursuant to subdivision four of section 27-1701 of

this chapter shall be liable for a civil penalty not to exceed seven

hundred fifty dollars.

3. Penalties under this section shall be assessed by the commissioner

after a hearing or opportunity to be heard pursuant to the provisions of

section 71-1709 of this article, and, in addition thereto, any person

found to have violated the provisions of section 27-1701 of this chapter

may by similar process be enjoined from continuing such violation. For

the purposes of this section, disposal of each lead-acid battery except

as authorized pursuant to subdivision three of section 27-1701 of this

chapter shall constitute a separate violation.

4. In the city of New York, the provisions of title seventeen of

article twenty-seven of this chapter shall be enforceable by an agency

or agencies designated for such purpose by the mayor of such city, and

notice of violation shall be returnable to the environmental control

board of such city which shall have the power to impose civil penalties

as provided in subdivisions one and two of this section. Outside the

city of New York, the provisions of such title seventeen shall be

enforceable by a local agency or agencies duly designated by the

commissioner.

5. All civil penalties and fines collected for any violation of such

title seventeen shall be paid over to the commissioner for deposit in

the general fund; provided however, that all civil penalties collected

for any violation of such title seventeen which have been imposed by the

environmental control board of the city of New York, or a local

adjudicatory body pursuant to subdivision four of this section, shall be

paid into an environmental fund of such city or locality.