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This entry was published on 2014-09-22
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SECTION 1103
Violation; penalties
Public Health (PBH) CHAPTER 45, ARTICLE 11, TITLE 1
§ 1103. Violation; penalties. 1. If a person or entity willfully
violates any rule or regulation promulgated pursuant to section one
thousand one hundred of this title relating to a temporary or permanent
source or act of contamination, such person or entity violating such
rule or regulation shall be liable to prosecution for a misdemeanor for
every such violation, and on conviction thereof shall be punished by a
fine not exceeding one thousand dollars, or imprisonment not exceeding
one year, or both.

2. If a person or entity violates any rule or regulation promulgated
pursuant to section one thousand one hundred of this title relating to a
temporary or permanent source or act of contamination, the department
may impose a civil penalty for the violation thereof or the
noncompliance therewith, not exceeding two hundred dollars for every
such violation or noncompliance.

3. For purposes of calculating the applicable civil penalty under this
section, each day on which such violation occurred may be considered a
separate incident. In addition, a court may order such person or entity
to make reparations for any permanent and/or substantial damage caused
as a direct result of such violation. For purposes of subdivision one of
this section, restitution and reparation may be ordered in accordance
with applicable provisions of the criminal procedure law.