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

§ 71-2724. Enforcement of title 21 of article 27.\n 1. Any person who knowingly or intentionally violates any provision of\nor fails to perform any duty pursuant to title twenty-one of article\ntwenty-seven of this chapter, except subdivision one of section 27-2105\nof this chapter, shall upon the first finding of such a violation be\nliable for a civil penalty not to exceed one hundred dollars. Any person\nconvicted of a second or subsequent violation shall be liable for a\ncivil penalty not to exceed five hundred dollars for each violation.\n 2. Any person who knowingly or intentionally violates or fails to\nperform any duty imposed by subdivision one of section 27-2105 of this\nchapter shall upon the first finding of such a violation be provided\nwith educational materials describing the requirements for mercury\ndisposal and the effects of improper mercury disposal, and be warned\nthat future violations shall result in the imposition of a fine. Any\nperson convicted of a second violation shall be liable for a civil\npenalty not to exceed fifty dollars. Any person convicted of a third\nviolation shall be liable for a civil penalty not to exceed seventy-five\ndollars. Any person convicted of a fourth or subsequent violation shall\nbe liable for a civil penalty not to exceed one hundred dollars for each\nviolation.\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 title twenty-one of article twenty-seven of this\nchapter may by similar process be enjoined from continuing such\nviolation.\n 4. All civil penalties and fines collected for any violation of title\ntwenty-one of article twenty-seven of this chapter shall be paid over to\nthe commissioner for deposit in the environmental protection fund\nestablished by section ninety-two-s of the state finance law.\n