§ 71-2728. Enforcement of title 27 of article 27 of this chapter.

1. Any person who knowingly or intentionally violates any provision of
or fails to perform any duty imposed pursuant to title 27 of article 27
of this chapter shall upon the first finding of such a violation be
provided with a warning 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 one hundred dollars. Any
person convicted of a third or subsequent violation shall be liable for
a civil penalty not to exceed five hundred dollars.

2. 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 27 of article 27 of this chapter may by
similar process be enjoined from continuing such violation.

3. All civil penalties and fines collected for any violation of title
27 of article 27 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.