Legislation
SECTION 71-1503
Enforcement of title 25 of article 27
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 15
§ 71-1503. Enforcement of title 25 of article 27.
For any first violation by any person who violates any of the
provisions of, or who fails to perform any duty imposed by title 25 of
article 27 or any regulation promulgated by the commissioner pursuant to
such title 25, in lieu of a penalty, there may be issued a written
warning by the department and there may also be issued educational
materials at the discretion of the department regarding the requirements
of title 25 of article 27. Such person shall, however, for any
subsequent violation thereafter, be liable to a civil penalty of not
more than twenty-five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars for each day
during which such violation continues and, in addition thereto, such
person may be enjoined from continuing such violation. Penalties and
injunctive relief provided pursuant to this title may also be
recoverable in an action brought by the attorney general at the request
of the commissioner.
For any first violation by any person who violates any of the
provisions of, or who fails to perform any duty imposed by title 25 of
article 27 or any regulation promulgated by the commissioner pursuant to
such title 25, in lieu of a penalty, there may be issued a written
warning by the department and there may also be issued educational
materials at the discretion of the department regarding the requirements
of title 25 of article 27. Such person shall, however, for any
subsequent violation thereafter, be liable to a civil penalty of not
more than twenty-five hundred dollars for each such violation and an
additional penalty of not more than five hundred dollars for each day
during which such violation continues and, in addition thereto, such
person may be enjoined from continuing such violation. Penalties and
injunctive relief provided pursuant to this title may also be
recoverable in an action brought by the attorney general at the request
of the commissioner.