§ 71-2103. Violations; civil liability.

1. Except as provided in section 71-2113, any person who violates any
provision of article nineteen or any code, rule or regulation which was
promulgated pursuant thereto; or any order except an order directing
such person to pay a penalty by a specified date issued by the
commissioner pursuant thereto, shall be liable, in the case of a first
violation, for a penalty not less than five hundred dollars nor more
than eighteen thousand dollars for said violation and an additional
penalty of not to exceed fifteen thousand dollars for each day during
which such violation continues. In the case of a second or any further
violation, the liability shall be for a penalty not to exceed twenty-six
thousand dollars for said violation and an additional penalty not to
exceed twenty-two thousand five hundred dollars for each day during
which such violation continues. In addition thereto, such person may be
enjoined from continuing such violation as hereinafter provided.

2. The penalty provided for in subdivision 1 of this section shall be
recoverable in an action brought by the Attorney General.

3. An action or cause of action for the recovery of a penalty under
article 19 may be settled or compromised by the Attorney General after
proceedings are brought to recover such penalties prior to the entry of
judgment therefor.

4. Any fines collected for violations of section 19-0320 of this
chapter shall be deposited in the clean air fund, to the credit of the
mobile source account, in accordance with the provisions of section
ninety-seven-oo of the state finance law.