N.Y. ENV Law § 71-4402

§ 71-4402. Violations of title 15 of article 27 of this chapter.\n 1. Civil and administrative sanctions.\n Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by title 15 of article 27 of this chapter, or\nany rule or regulation promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto, or any\nfinal determination or order of the commissioner made pursuant to this\ntitle shall be liable in the case of a first violation, for a civil\npenalty not to exceed twenty-five thousand dollars and an additional\npenalty of not more than twenty-five thousand dollars for each day\nduring which such violation continues, to be assessed by the\ncommissioner after an opportunity to be heard pursuant to the provisions\nof section 71-1709 of this chapter, or by the court in any action or\nproceeding pursuant to section 71-2727 of this chapter, and, in addition\nthereto, such persons may by similar process be enjoined from continuing\nsuch violation and any permit or certificate issued to such person may\nbe revoked 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 fifty thousand dollars for each such\nviolation and an additional penalty not to exceed fifty thousand dollars\nfor each day during which such violation continues.\n 2. Criminal sanctions.\n a. Any person who violates any of the provisions of or who fails to\nperform any duty imposed by title 15 of article 27 of this chapter or\nany rules and regulations promulgated pursuant thereto, or any term or\ncondition of any certificate or permit issued pursuant thereto, or any\nfinal determination or order of the commissioner made pursuant to this\ntitle shall be guilty of a violation and, upon conviction thereof, shall\nbe punished by a fine not to exceed five thousand dollars per day of\nviolation, or by imprisonment for a term of not more than fifteen days,\nor by both such fine and imprisonment.\n b. Any person who, intentionally, knowingly, or recklessly shall\nviolate any of the provisions of or who fails to perform any duty\nimposed by title 15 of article 27 of this chapter or any rules and\nregulations 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 guilty of a class B misdemeanor and, upon conviction thereof,\nshall for a first conviction be punished by a fine not to exceed fifteen\nthousand dollars per day of violation or by imprisonment for a term of\nnot more than ninety days, or both such fine and imprisonment. If the\nconviction is for an offense committed after a first conviction of such\nperson under this paragraph, within the preceding five years, such\nperson shall be guilty of a class A misdemeanor and upon conviction,\npunishment shall be by a fine not to exceed fifty thousand dollars per\nday of violation, or by imprisonment for not more than one year or by\nboth such fine and imprisonment.\n