§ 71-2722. Enforcement of section 27-1701 of this chapter.

Administrative and civil sanctions. 1. Any person who knowingly or
intentionally violates any of the provisions or fails to perform any
duty imposed by section 27-1701 of this chapter, except the duty to
accept a lead-acid battery pursuant to subdivision four of such section,
shall be liable for a civil penalty not to exceed seventy-five dollars
for each violation, provided that such civil penalty shall be in
addition to any other penalties authorized under other state or local
laws governing the illegal disposal of lead-acid batteries.

2. Any retailer or distributor who refuses to accept a lead-acid
battery as required pursuant to subdivision four of section 27-1701 of
this chapter shall be liable for a civil penalty not to exceed seven
hundred fifty dollars.

3. Penalties under this section shall be assessed by the commissioner
after a hearing or opportunity to be heard pursuant to the provisions of
section 71-1709 of this article, and, in addition thereto, any person
found to have violated the provisions of section 27-1701 of this chapter
may by similar process be enjoined from continuing such violation. For
the purposes of this section, disposal of each lead-acid battery except
as authorized pursuant to subdivision three of section 27-1701 of this
chapter shall constitute a separate violation.

4. In the city of New York, the provisions of title seventeen of
article twenty-seven of this chapter shall be enforceable by an agency
or agencies designated for such purpose by the mayor of such city, and
notice of violation shall be returnable to the environmental control
board of such city which shall have the power to impose civil penalties
as provided in subdivisions one and two of this section. Outside the
city of New York, the provisions of such title seventeen shall be
enforceable by a local agency or agencies duly designated by the
commissioner.

5. All civil penalties and fines collected for any violation of such
title seventeen shall be paid over to the commissioner for deposit in
the general fund; provided however, that all civil penalties collected
for any violation of such title seventeen which have been imposed by the
environmental control board of the city of New York, or a local
adjudicatory body pursuant to subdivision four of this section, shall be
paid into an environmental fund of such city or locality.