§ 71-1939. Local enforcement.

1. The health commissioner of any county or part-county health
district or city is hereby authorized and empowered to bring an action
in any court of competent jurisdiction for the recovery of any penalty
provided in section 71-1929 for any violation of the provisions of
titles 1 through 11 inclusive and title 19 of article 17 and sections
71-1929 through 71-1939 of this article occurring in the district or
city in which such health commissioner has jurisdiction,

a. from a source described in subdivision 5 of section 17-0701, or

b. resulting from a failure to comply with the terms of a permit
issued by such county or city pursuant to subdivision 6 of section
17-0701. Such health commissioner may, in his discretion, compromise
any penalty sued for in such action at any stage thereof before
judgment.

2. Any penalty collected pursuant to this section shall be paid to the
district or city, except that any penalty for a violation resulting in
the killing of fish or shellfish shall be credited to the conservation
fund established by section 83 of the State Finance Law, and shall be
available for the uses and purposes of such fund.

3. a. The health commissioner of any county which has been approved by
the commissioner pursuant to section 17-1017 of this chapter to
administer and enforce a local law or ordinance related to the
provisions of title ten of article seventeen of this chapter is hereby
authorized and empowered to bring an action in any court of competent
jurisdiction for the recovery of any penalty provided in section 71-1929
of this title for any violation of title ten of article seventeen of
this chapter occurring in the county in which the county health
commissioner has jurisdiction.

b. All fines and penalties collected pursuant to this subdivision
shall be paid to the district or county, provided, however, that
one-quarter of such fines and penalties received shall be paid to the
general fund to the credit of the state purposes account.

4. Within three days after bringing any action authorized by this
section said health commissioner shall by registered mail serve upon the
Attorney General and the commissioner a copy of the summons and
complaint, if any, in such action, with a statement as to the date or
dates of service thereof upon the defendant or defendants, or, if a
complaint has not been served with the summons, a statement of the
particulars of the violation or violations upon which such action was
based. The Attorney General is hereby authorized to intervene in any
such action in order to protect the interests of the state.