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This entry was published on 2014-09-22
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SECTION 71-2201
Enforcement of title 23 of article 23 of this chapter
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 71, TITLE 22
§ 71-2201. Enforcement of title 23 of article 23 of this chapter.

Administrative and civil sanctions. 1. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by title 23
of article 23 except the duty to accept used oil pursuant to section
23-2307 or any person subject to section 23-2308 or any rule or
regulation promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final
determination or order of the commissioner made pursuant to this section
shall be liable for a civil penalty not to exceed one thousand dollars
for each such violation and an additional penalty of not more than five
hundred dollars for each day during which such violation continues, to
be assessed by the commissioner after a hearing or opportunity to be
heard pursuant to the provisions of section 71-1709 of this chapter,
and, in addition thereto, such person may by similar process be enjoined
from continuing such violation and any permit or certificate issued to
such person may be revoked or suspended or a pending renewal application
denied.

2. Any person who refuses to accept used oil as required pursuant to
subdivision two of section 23-2307 shall be liable for a civil penalty
not to exceed one hundred dollars.

3. Any person who violates any provision of section 23-2308 of this
chapter shall be subject to a civil penalty not to exceed two hundred
fifty dollars for each violation.

4. Notwithstanding any other provision of law, any person who shall
violate the provisions of paragraph (c) of subdivision one of section
23-2307 or paragraph (d) of subdivision two of section 23-2307 of this
chapter shall be liable for a civil penalty of not more than five
hundred dollars, and an additional civil penalty of not more than five
hundred dollars for each day during which such violation continues, not
to exceed ten thousand dollars.