§ 71-2729 — Enforcement of title 26 of article 27 of this chapter

§ 71-2729. Enforcement of title 26 of article 27 of this chapter.\n 1. a. Any consumer, as defined in title twenty-six of article\ntwenty-seven of this chapter, who violates any provision of, or fails to\nperform any duty imposed by, section 27-2611 of this chapter, shall be\nliable for a civil penalty not to exceed one hundred dollars for each\nviolation.\n b. Any person, except a consumer, manufacturer, or an owner or\noperator of an electronic waste collection site, electronic waste\nconsolidation facility, or electronic waste recycling facility as these\nterms are defined in title twenty-six of article twenty-seven of this\nchapter, who violates any provision, or fails to perform any duty\nimposed by section 27-2611 of this chapter, shall be liable for a civil\npenalty not to exceed two hundred fifty dollars for each violation.\n c. Any manufacturer, or any person operating an electronic waste\ncollection site, an electronic waste consolidation facility, or an\nelectronic waste recycling facility as those terms are defined in title\ntwenty-six of article twenty-seven of this chapter, who:\n i. fails to submit any report, registration, fee, or surcharge to the\ndepartment as required by title twenty-six of article twenty-seven of\nthis chapter shall be liable for a civil penalty not to exceed one\nthousand dollars for each day such report, registration, fee, or\nsurcharge is not submitted; and\n ii. violates any other provision of title twenty-six of article\ntwenty-seven of this chapter or fails to perform any duty imposed by\nsuch title, except for subdivision four of section 27-2603 of this\nchapter, shall be liable for a civil penalty for each violation not to\nexceed one thousand dollars for the first violation, two thousand five\nhundred dollars for the second violation and five thousand dollars for\nthe third and subsequent violations of this title within a twelve-month\nperiod.\n d. Any retailer, as defined by section 27-2601 of this chapter, who\nviolates any provision of title twenty-six of article twenty-seven of\nthis chapter or fails to perform any duty imposed by such title, shall\nbe liable for a civil penalty for each violation not to exceed two\nhundred fifty dollars for the first violation, five hundred dollars for\nthe second violation and one thousand dollars for the third and\nsubsequent violations of this title in a twelve-month period.\n e. Civil penalties under this section shall be assessed by the\ncommissioner after a hearing or opportunity to be heard pursuant to the\nprovisions of section 71-1709 of this article, or by the court in any\naction or proceeding pursuant to this section, and, in addition thereto,\nsuch person may by similar process be enjoined from continuing such\nviolation.\n 2. All penalties collected pursuant to this section shall be paid over\nto the commissioner for deposit to the environmental protection fund\nestablished pursuant to section ninety-two-s of the state finance law.\n