§ 16-108. Violations, civil liability. 1. Any person who issues:

(a) a certification that a product listed in paragraphs (a) through
(xx) of subdivision one of section 16-104 of this article complies with
the efficiency standards for such product established by or pursuant to
this article;

(b) a certification that a product not listed in paragraphs (a)
through (xx) of subdivision one of section 16-104 of this article
complies with efficiency standards for such product established pursuant
to paragraph (b) or (c) of subdivision one of section 16-104 of this
article; or

(c) a certification that a product that is subject to federal
efficiency standards that shall have been continued in this state
pursuant to section 16-105 of this article complies with such efficiency
standards, knowing that such product does not comply with such
efficiency standards, shall be liable for a civil penalty of not more
than ten thousand dollars for each such product certified and an
additional penalty of not more than ten thousand dollars for each day
during which such violation continues.

2. Any person who violates the provisions of subdivision two of
section 16-104 of this article, or fails to perform any duty imposed by
this article, or violates or fails to comply with any rule, regulation,
determination, or order adopted, made, or issued by the president or the
secretary pursuant to this article, shall be liable for a civil penalty
of not more than five hundred dollars for each such violation and an
additional civil penalty of not more than one hundred dollars for each
day during which such violation continues, and, in addition thereto,
such person may be enjoined from continuing such violation.

3. An action or cause of action for the recovery of a penalty under
this section may be settled or compromised in an amount to be approved
by the secretary either before or after proceedings are brought to
recover such penalties and prior to the entry for judgment therefor.