§ 813 — Penalties and enforcement

§ 813. Penalties and enforcement. 1. Any person who violates any\nprovision of this article or any rule or regulation promulgated by the\nagency, or the terms or conditions of any order or permit issued by the\nagency pursuant to this article shall be liable to a civil penalty of\nnot more than five hundred dollars for each day or part thereof during\nwhich such violation continues. The civil penalties provided by this\nsubdivision shall be recoverable in an action instituted in the name of\nthe agency by the attorney general on his own initiative or at the\nrequest of the agency.\n 2. Alternatively or in addition to an action to recover the civil\npenalties provided by subdivision one of this section, the attorney\ngeneral may institute in the name of the agency any appropriate action\nor proceeding to prevent, restrain, enjoin, correct or abate any\nviolation of, or to enforce, any provision of this article or any rule\nor regulation promulgated by the agency, or the terms or conditions of\nany order or permit issued by the agency pursuant to this article. The\ncourt in which the action or proceeding is brought may order the joinder\nof appropriate persons as parties and may order the appropriate person\nor the person responsible for the violation to take such affirmative\nmeasures as are properly within its equitable powers to correct or\nameliorate the violation, having regard to the purposes of this article\nand the determinations required by subdivision ten of section eight\nhundred nine.\n 3. Such civil penalty may be released or compromised by the agency\nbefore the matter has been referred to the attorney general, and where\nsuch matter has been referred to the attorney general, any such penalty\nmay be released or compromised and any action or cause of action\ncommenced to recover the same may be settled or discontinued by the\nattorney general with the consent of the agency.\n