2006 New York Code - Enforcement Of Title 21 Of Article 27.

 
  § 71-2724. Enforcement of title 21 of article 27.
    1. Any person who knowingly or intentionally violates any provision of
  or  fails  to  perform  any duty pursuant to title twenty-one of article
  twenty-seven of this chapter, except subdivision one of section  27-2105
  of  this  chapter,  shall  upon the first finding of such a violation be
  liable for a civil penalty not to exceed one hundred dollars. Any person
  convicted of a second or subsequent violation  shall  be  liable  for  a
  civil penalty not to exceed five hundred dollars for each violation.
    2.  Any  person  who  knowingly  or intentionally violates or fails to
  perform any duty imposed by subdivision one of section 27-2105  of  this
  chapter  shall  upon  the  first finding of such a violation be provided
  with educational  materials  describing  the  requirements  for  mercury
  disposal  and  the  effects  of improper mercury disposal, and be warned
  that future violations shall result in the imposition  of  a  fine.  Any
  person  convicted  of  a  second  violation  shall be liable for a civil
  penalty not to exceed fifty dollars. Any person  convicted  of  a  third
  violation shall be liable for a civil penalty not to exceed seventy-five
  dollars.  Any person convicted of a fourth or subsequent violation shall
  be liable for a civil penalty not to exceed one hundred dollars for each
  violation.
    3. Penalties under this section shall be assessed by the  commissioner
  after a hearing or opportunity to be heard pursuant to the provisions of
  section  71-1709  of  this article, and, in addition thereto, any person
  found to have violated title twenty-one of article twenty-seven of  this
  chapter  may  by  similar  process  be  enjoined  from  continuing  such
  violation.
    4. All civil penalties and fines collected for any violation of  title
  twenty-one of article twenty-seven of this chapter shall be paid over to
  the  commissioner  for  deposit  in  the  environmental  protection fund
  established by section ninety-two-s of the state finance law.