§ 1103 — Violation; penalties

§ 1103. Violation; penalties. 1. If a person or entity willfully\nviolates any rule or regulation promulgated pursuant to section one\nthousand one hundred of this title relating to a temporary or permanent\nsource or act of contamination, such person or entity violating such\nrule or regulation shall be liable to prosecution for a misdemeanor for\nevery such violation, and on conviction thereof shall be punished by a\nfine not exceeding one thousand dollars, or imprisonment not exceeding\none year, or both.\n 2. If a person or entity violates any rule or regulation promulgated\npursuant to section one thousand one hundred of this title relating to a\ntemporary or permanent source or act of contamination, the department\nmay impose a civil penalty for the violation thereof or the\nnoncompliance therewith, not exceeding two hundred dollars for every\nsuch violation or noncompliance.\n 3. For purposes of calculating the applicable civil penalty under this\nsection, each day on which such violation occurred may be considered a\nseparate incident. In addition, a court may order such person or entity\nto make reparations for any permanent and/or substantial damage caused\nas a direct result of such violation. For purposes of subdivision one of\nthis section, restitution and reparation may be ordered in accordance\nwith applicable provisions of the criminal procedure law.\n