§ 71-2724. Enforcement of title 21 of article 27.

1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty pursuant to title twenty-one of article
twenty-seven of this chapter, except subdivision one of section 27-2105
of this chapter, shall upon the first finding of such a violation be
liable for a civil penalty not to exceed one hundred dollars. Any person
convicted of a second or subsequent violation shall be liable for a
civil penalty not to exceed five hundred dollars for each violation.

2. Any person who knowingly or intentionally violates or fails to
perform any duty imposed by subdivision one of section 27-2105 of this
chapter shall upon the first finding of such a violation be provided
with educational materials describing the requirements for mercury
disposal and the effects of improper mercury disposal, and be warned
that future violations shall result in the imposition of a fine. Any
person convicted of a second violation shall be liable for a civil
penalty not to exceed fifty dollars. Any person convicted of a third
violation shall be liable for a civil penalty not to exceed seventy-five
dollars. Any person convicted of a fourth or subsequent violation shall
be liable for a civil penalty not to exceed one hundred dollars for each
violation.

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 title twenty-one of article twenty-seven of this
chapter may by similar process be enjoined from continuing such
violation.

4. All civil penalties and fines collected for any violation of title
twenty-one of article twenty-seven of this chapter shall be paid over to
the commissioner for deposit in the environmental protection fund
established by section ninety-two-s of the state finance law.