§ 71-3903. Violations; penalties.

1. Administrative sanctions. Any person who violates, disobeys or
disregards any provision of article thirty-nine shall be liable to the
people of the state for a civil penalty of not to exceed three thousand
dollars for every such violation, to be assessed by the commissioner
after a hearing or opportunity to be heard. The penalty may be recovered
in an action brought by the commissioner in any court of competent
jurisdiction. Such civil penalty may be released or comprised by the
commissioner before the matter has been referred to the attorney
general; and where such matter has been referred to the attorney
general, any such penalty may be released or comprised and any action
commenced to recover the same may be settled and discontinued by the
attorney general with the consent of the commissioner. In addition, the
commissioner shall have power, following a hearing, to direct the
violator to cease his violation of article thirty-nine and, where
appropriate, to recall any sewage system cleaners or additives sold or
distributed in violation of said article. Any such order of the
commissioner shall be enforceable in an action brought by the
commissioner in any court of competent jurisdiction. Any civil penalty
or order issued by the commissioner under this subdivision shall be
reviewable in a proceeding under article seventy-eight of the civil
practice law and rules commenced within thirty days of such penalty or
order.

2. Criminal sanctions. Any person who knowingly violates any provision
of section 39-0105 of this chapter shall, in addition to the sanctions
provided in subdivision one of this section, for the first offense, be
guilty of a violation punishable by a fine of not less than five hundred
nor more than one thousand dollars; for a second and each subsequent
offense he shall be guilty of a misdemeanor punishable by a fine of not
less than one thousand nor more than three thousand dollars or a term of
imprisonment of not more than six months or both. In addition to or
instead of these sanctions, any offender shall be punishable by being
ordered by the court to recall any sewage system cleaners or additives
sold or distributed in violation of article thirty-nine. The court shall
specify a reasonable time for the completion of the recall. Each offense
shall be a separate and distinct offense and, in the case of a
continuing offense, each day's continuance thereof shall be deemed a
separate and distinct offense.