§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this

chapter.

1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 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 title shall be liable in the case of
a first violation, for a civil penalty not to exceed thirty-seven
thousand five hundred dollars and an additional penalty of not more than
thirty-seven thousand five hundred dollars for each day during which
such violation continues, to be assessed by the commissioner after an
opportunity to be heard pursuant to the provisions of section 71-1709 of
this article, or by the court in any action or proceeding pursuant to
section 71-2727 of this title, 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. In the case of a second and any
further violation, the liability shall be for a civil penalty not to
exceed seventy-five thousand dollars for each such violation and an
additional penalty not to exceed seventy-five thousand dollars for each
day during which such violation continues.

2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
titles 9, 11 and 13 of article 27 or any rules and regulations
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 title
shall be guilty of a misdemeanor and, upon conviction thereof, shall for
a first conviction be punished by a fine not to exceed thirty-seven
thousand five hundred dollars per day of violation or by imprisonment
for a term of not more than one year, or both such fine and
imprisonment. If the conviction is for an offense committed after a
first conviction of such person under this subdivision, punishment shall
be by a fine not to exceed seventy-five thousand dollars per day of
violation, or by imprisonment for not more than two years or by both
such fine and imprisonment.