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This entry was published on 2021-04-23
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SECTION 27-1015
Violations
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 10
§ 27-1015. Violations.

1. Except as otherwise provided in this section and section 27-1012 of
this title, any person who shall violate any provision of this title
shall be liable to the state of New York for a civil penalty of not more
than five hundred dollars, and an additional civil penalty of not more
than five hundred dollars for each day during which each such violation
continues. Any civil penalty may be assessed following a hearing or
opportunity to be heard.

2. Any distributor, deposit initiator, redemption center or dealer who
violates any provision of this title, except as provided in section
27-1012 of this title, shall be liable to the state of New York for a
civil penalty of not more than one thousand dollars, and an additional
civil penalty of not more than one thousand dollars for each day during
which each such violation continues. Any civil penalty may be assessed
following a hearing or opportunity to be heard.

3. It shall be unlawful for a distributor or deposit initiator, acting
alone or aided by another, to return any empty beverage container to a
dealer or redemption center for its refund value if the distributor or
deposit initiator had previously accepted such beverage container from
any dealer or operator of a redemption center or if such container was
previously accepted by a reverse vending machine. A violation of this
subdivision shall be a misdemeanor punishable by a fine of not less than
five hundred dollars nor more than one thousand dollars and an amount
equal to two times the amount of money received as a result of such
violation.

4. Any person who willfully tenders to a dealer, distributor,
redemption center or deposit initiator more than forty-eight empty
beverage containers for which such person knows or should reasonably
know that no deposit was paid in New York state may be assessed by the
department a civil penalty of up to one hundred dollars for each
container or up to twenty-five thousand dollars for each such tender of
containers. At each location where a person tenders containers for
redemption, dealers and redemption centers must conspicuously display a
sign in letters that are at least one inch in height with the following
information: "WARNING: Persons tendering for redemption containers on
which a deposit was never paid in this state may be subject to a civil
penalty of up to one hundred dollars per container or up to twenty-five
thousand dollars for each such tender of containers." Any civil penalty
may be assessed following a hearing or opportunity to be heard.

5. The department, the department of agriculture and markets, the
department of taxation and finance and the attorney general are hereby
authorized to enforce the provisions of this title and all monies
collected shall be deposited to the credit of the environmental
protection fund established pursuant to section ninety-two-s of the
state finance law. In addition, the provisions of section 27-1005 of
this title and subdivisions one, two, three, four, five, ten and eleven
of section 27-1007 of this title may be enforced by a county, city, town
or village and the local legislative body thereof may adopt local laws,
ordinances or regulations consistent with this title providing for the
enforcement of such provisions.

* 5-a. The city of New York, Nassau county and Suffolk county are
entitled to retain twenty-five percent of all monies collected as fines
or penalties pursuant to enforcement of section 27-1005 of this chapter.

* NB Repealed April 1, 2026

6. (a) Any person who willfully violates or directs another to violate
the requirements to collect or charge the refund value imposed by
section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
this title on five thousand or more beverage containers in one or more
separate transactions within one year shall be guilty of a class B
misdemeanor.

(b) Any person, having previously been convicted of a violation of
paragraph (a) of this section within the past three years, who willfully
violates or directs another to violate the requirements to collect or
charge the refund value imposed by section 27-1005 or paragraph a of
subdivision nine of section 27-1012 of this title on five thousand or
more beverage containers in one or more separate transactions within one
year shall be guilty of a class A misdemeanor.

(c) Any person who willfully violates or directs another to violate
the requirements to collect or charge the refund value imposed by
section 27-1005 or paragraph a of subdivision nine of section 27-1012 of
this title on twenty thousand or more beverage containers in one or more
separate transactions within one year shall be guilty of a class E
felony.

Nothing in this subdivision shall apply to common or contract carriers
or warehousemen while engaged in lawfully transporting or storing such
containers as merchandise, nor to any employee of such carrier or
warehouseman acting within the scope of his or her employment.

7. A violation of this title, except as otherwise provided in this
section and section 27-1012 of this title, shall be a public nuisance.