2006 New York Code - Penalty.

 
    § 85. Penalty.  Any  corporation  or  individual  continuing to divert
  water from such fresh water stream  without  maintaining  the  navigable
  depth  of  the tidewater creek or estuary into which it flows, as herein
  provided for, shall be liable to a penalty of fifty dollars per day  for
  each  and  every  day  such  diversion  is continued, computing from the
  expiration of forty days after notice is given as  provided  in  section
  sixty-one,  which  penalty  may  be  sued  for  and  recovered  by  such
  supervisor or village president in the name of the town  or  village  in
  which such tidewater creek is so located, and the amount recovered shall
  be paid into the treasury of such town or village.