§ 71-2113 — Violations of section 19-0304 of article 19 of this chapter

§ 71-2113. Violations of section 19-0304 of article 19 of this chapter.\n 1. Civil and administrative sanctions. Any person who violates any of\nthe provisions of, or who fails to perform any duty imposed by section\n19-0304 of this chapter, or any rule or regulation promulgated pursuant\nthereto, or any term or condition of any certificate or permit issued\npursuant thereto, or any final determination or order of the\ncommissioner made pursuant to article 19 of this chapter concerning a\nviolation of section 19-0304 of this chapter shall be liable in the case\nof a first violation, for a civil penalty not to exceed thirty-seven\nthousand five hundred dollars and an additional penalty of not more than\nthirty-seven thousand five hundred dollars for each day during which\nsuch violation continues, to be assessed by the commissioner after an\nopportunity to be heard pursuant to the provisions of section 71-1709 of\nthis article, or by the court in any action or proceeding pursuant to\nsection 71-2107 of this title, and, in addition thereto, such person may\nby similar process be enjoined from continuing such violation and any\npermit or certificate issued to such person may be revoked or suspended\nor a pending renewal application denied. In the case of a second and any\nfurther violation, the liability shall be for a civil penalty not to\nexceed seventy-five thousand dollars for each such violation and an\nadditional penalty not to exceed seventy-five thousand dollars for each\nday during which such violation continues.\n 2. Criminal sanctions. Any person who, having any of the culpable\nmental states defined in section 15.05 of the penal law, shall violate\nany of the provisions of or who fails to perform any duty imposed by\nsection 19-0304 of this chapter, or any rules and regulations\npromulgated pursuant thereto, or any term or condition of any\ncertificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to article 19\nof this chapter concerning a violation of section 19-0304 of this\nchapter shall be guilty of a misdemeanor and, upon conviction thereof,\nshall for a first conviction be punished by a fine not to exceed\nthirty-seven thousand five hundred dollars per day of violation or by\nimprisonment for a term of not more than one year, or both such fine and\nimprisonment. If the conviction is for an offense committed after a\nfirst conviction of such person under this subdivision, punishment shall\nbe by a fine not to exceed seventy-five thousand dollars per day of\nviolation, or by imprisonment for not more than two years or by both\nsuch fine and imprisonment.\n