N.Y. Environmental Conservation Law § 71-2724: Enforcement of title 21 of article 27

§ 71-2724. Enforcement of title 21 of article 27.

1. Any person who knowingly or intentionally violates any provision of

or fails to perform any duty pursuant to title twenty-one of article

twenty-seven of this chapter, except subdivision one of section 27-2105

of this chapter, shall upon the first finding of such a violation be

liable for a civil penalty not to exceed one hundred dollars. Any person

convicted of a second or subsequent violation shall be liable for a

civil penalty not to exceed five hundred dollars for each violation.

2. Any person who knowingly or intentionally violates or fails to

perform any duty imposed by subdivision one of section 27-2105 of this

chapter shall upon the first finding of such a violation be provided

with educational materials describing the requirements for mercury

disposal and the effects of improper mercury disposal, and be warned

that future violations shall result in the imposition of a fine. Any

person convicted of a second violation shall be liable for a civil

penalty not to exceed fifty dollars. Any person convicted of a third

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

dollars. Any person convicted of a fourth or subsequent violation shall

be liable for a civil penalty not to exceed one hundred dollars for each

violation.

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 title twenty-one of article twenty-seven of this

chapter may by similar process be enjoined from continuing such

violation.

4. All civil penalties and fines collected for any violation of title

twenty-one of article twenty-seven of this chapter shall be paid over to

the commissioner for deposit in the environmental protection fund

established by section ninety-two-s of the state finance law.