§ 1389-GG — Violations of title thirteen

New York § 1389-GG

• Jurisdiction: New York
• Law PBH: Public Health
• Title 13: Storage, Treatment and Disposal of Regulated Medical Waste
• Art. 13: Nuisances and Sanitation

Text

§ 1389-gg. Violations of title thirteen. 1. Notwithstanding any other\nprovision of this chapter, any person who violates any of the provisions\nof, or who fails to perform any duty imposed by this title or any rule\nor regulation promulgated pursuant thereto, or any term or condition of\nany certificate or permit issued pursuant thereto, or any final\ndetermination or order of the commissioner made pursuant to this title\nshall be liable in the case of a first violation for a civil penalty not\nto exceed twenty-five hundred dollars and an additional penalty of not\nmore than one thousand dollars for each day during which such violation\ncontinues, to be assessed by the commissioner after an opportunity to be\nheard pursuant to the provisions of this chapter or by the court in any\naction or proceeding pursuant to this chapter, and, in addition thereto,\nsuch person may by similar process be enjoined from continuing such\nviolation and any permit or certificate issued to such person may be\nrevoked or suspended or a pending renewal application denied. In the\ncase of a second and any further violation, the liability shall be for a\ncivil penalty not to exceed five thousand dollars for each such\nviolation and an additional penalty not to exceed twenty-five hundred\ndollars for each day during which such violation continues.\n 2. No penalty assessed or imposed pursuant to the provisions of this\ntitle shall be paid from medicaid or medicare funds.\n