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

New York § 71-2722

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 27: Enforcement of Article 27 and Article 71
• Art. 71: Enforcement

Text

§ 71-2722. Enforcement of section 27-1701 of this chapter.\n Administrative and civil sanctions. 1. Any person who knowingly or\nintentionally violates any of the provisions or fails to perform any\nduty imposed by section 27-1701 of this chapter, except the duty to\naccept a lead-acid battery pursuant to subdivision four of such section,\nshall be liable for a civil penalty not to exceed seventy-five dollars\nfor each violation, provided that such civil penalty shall be in\naddition to any other penalties authorized under other state or local\nlaws governing the illegal disposal of lead-acid batteries.\n 2. Any retailer or distributor who refuses to accept a lead-acid\nbattery as required pursuant to subdivision four of section 27-1701 of\nthis chapter shall be liable for a civil penalty not to exceed seven\nhundred fifty dollars.\n 3. Penalties under this section shall be assessed by the commissioner\nafter a hearing or opportunity to be heard pursuant to the provisions of\nsection 71-1709 of this article, and, in addition thereto, any person\nfound to have violated the provisions of section 27-1701 of this chapter\nmay by similar process be enjoined from continuing such violation. For\nthe purposes of this section, disposal of each lead-acid battery except\nas authorized pursuant to subdivision three of section 27-1701 of this\nchapter shall constitute a separate violation.\n 4. In the city of New York, the provisions of title seventeen of\narticle twenty-seven of this chapter shall be enforceable by an agency\nor agencies designated for such purpose by the mayor of such city, and\nnotice of violation shall be returnable to the environmental control\nboard of such city which shall have the power to impose civil penalties\nas provided in subdivisions one and two of this section. Outside the\ncity of New York, the provisions of such title seventeen shall be\nenforceable by a local agency or agencies duly designated by the\ncommissioner.\n 5. All civil penalties and fines collected for any violation of such\ntitle seventeen shall be paid over to the commissioner for deposit in\nthe general fund; provided however, that all civil penalties collected\nfor any violation of such title seventeen which have been imposed by the\nenvironmental control board of the city of New York, or a local\nadjudicatory body pursuant to subdivision four of this section, shall be\npaid into an environmental fund of such city or locality.\n