N.Y. Public Health Law § 1103: Violation; penalties

§ 1103. Violation; penalties. 1. If a person or entity willfully

violates any rule or regulation promulgated pursuant to section one

thousand one hundred of this title relating to a temporary or permanent

source or act of contamination, such person or entity violating such

rule or regulation shall be liable to prosecution for a misdemeanor for

every such violation, and on conviction thereof shall be punished by a

fine not exceeding one thousand dollars, or imprisonment not exceeding

one year, or both.

2. If a person or entity violates any rule or regulation promulgated

pursuant to section one thousand one hundred of this title relating to a

temporary or permanent source or act of contamination, the department

may impose a civil penalty for the violation thereof or the

noncompliance therewith, not exceeding two hundred dollars for every

such violation or noncompliance.

3. For purposes of calculating the applicable civil penalty under this

section, each day on which such violation occurred may be considered a

separate incident. In addition, a court may order such person or entity

to make reparations for any permanent and/or substantial damage caused

as a direct result of such violation. For purposes of subdivision one of

this section, restitution and reparation may be ordered in accordance

with applicable provisions of the criminal procedure law.