§ 71-2730. Enforcement of title 30 of article 27 of this chapter.

1. Any person who shall violate section 27-3003 of this chapter shall
be liable to the state of New York for a civil penalty of not more than
two hundred fifty dollars for the first violation, not more than five
hundred dollars for the second violation in the same calendar year, and
not more than one thousand dollars for the third and each subsequent
violation in the same calendar year. A hearing or opportunity to be
heard shall be provided prior to the assessment of any civil penalty.

2. (a) The department, the department of agriculture and markets, the
department of health, and the attorney general are hereby authorized to
enforce the provisions of section 27-3003 of this chapter.

(b) The provisions of section 27-3003 of this chapter may also be
enforced by a county and the local legislative body thereof may adopt
local laws, ordinances or regulations consistent with this title
providing for the enforcement of such provisions. Provided that a
violation of this title may not be enforced by both the state and a
county, and provided further that any county that has filed a written
declaration pursuant to subdivision two of section 27-3007 of this title
shall not enforce the provisions of this title.

3. Any fines that are collected by the state during proceedings by the
state to enforce the provisions of section 27-3003 of this chapter shall
be paid into the environmental protection fund established pursuant to
section ninety-two-s of the finance law.

* 4. Any fines that are collected by a county during proceedings by
the county to enforce the provisions of section 27-3003 of this title
within the county shall be retained by the county.

* NB Repealed January 1, 2030