Legislation
SECTION 27-1809
Enforcement of this title
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 18
§ 27-1809. Enforcement of this title.
1. Any person who violates the provisions of section 27-1805 of this
title shall be liable for a civil penalty in the amount of fifty dollars
for the first violation, one hundred dollars for a second violation
committed within twelve months of a prior violation and two hundred
dollars for a third or subsequent violation committed within twelve
months of any prior violation.
2. Any retailer as that term is defined in section 27-1803 of this
title, who violates the provisions of section 27-1807 of this title
shall be liable for a civil penalty in the amount of two hundred dollars
for the first violation, four hundred dollars for a second violation
committed within twelve months of a prior violation, and five hundred
dollars for a third or subsequent violation committed within twelve
months of any prior violation.
3. Any battery manufacturer, as that term is defined in section
27-1803 of this title, who violates the provisions of section 27-1807 of
this title shall be liable for a civil penalty in the amount of two
thousand dollars for the first violation, four thousand dollars for a
second violation committed within twelve months of a prior violation,
and five thousand dollars for a third or subsequent violation committed
within twelve months of any prior violation.
4. Civil 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 chapter, or shall be assessed by
the court in any action or proceeding pursuant to this section. In
addition to any civil penalties, any person, retailer or manufacturer,
as those terms are defined in section 27-1803 of this title, may by
similar process be enjoined from continuing such violation.
5. In a city with a population of one million or more, such city
shall, in addition to any authority otherwise conferred in this chapter,
have concurrent authority to enforce, by an agency or agencies
designated for such purpose by the mayor of such city, the provisions of
section 27-1805 and subdivision one of section 27-1807 of this title.
Any notice of violation issued by an agency designated by the mayor of
such city charging a violation of section 27-1805 and subdivision one of
section 27-1807 of this title shall be returnable to the environmental
control board of such city. Such environmental control board shall have
the power to impose the civil penalties set forth in subdivisions one,
two and three of this section. All civil penalties collected for any
violation of this title that have been imposed by the environmental
control board of such city shall be paid into the general fund of such
city.
1. Any person who violates the provisions of section 27-1805 of this
title shall be liable for a civil penalty in the amount of fifty dollars
for the first violation, one hundred dollars for a second violation
committed within twelve months of a prior violation and two hundred
dollars for a third or subsequent violation committed within twelve
months of any prior violation.
2. Any retailer as that term is defined in section 27-1803 of this
title, who violates the provisions of section 27-1807 of this title
shall be liable for a civil penalty in the amount of two hundred dollars
for the first violation, four hundred dollars for a second violation
committed within twelve months of a prior violation, and five hundred
dollars for a third or subsequent violation committed within twelve
months of any prior violation.
3. Any battery manufacturer, as that term is defined in section
27-1803 of this title, who violates the provisions of section 27-1807 of
this title shall be liable for a civil penalty in the amount of two
thousand dollars for the first violation, four thousand dollars for a
second violation committed within twelve months of a prior violation,
and five thousand dollars for a third or subsequent violation committed
within twelve months of any prior violation.
4. Civil 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 chapter, or shall be assessed by
the court in any action or proceeding pursuant to this section. In
addition to any civil penalties, any person, retailer or manufacturer,
as those terms are defined in section 27-1803 of this title, may by
similar process be enjoined from continuing such violation.
5. In a city with a population of one million or more, such city
shall, in addition to any authority otherwise conferred in this chapter,
have concurrent authority to enforce, by an agency or agencies
designated for such purpose by the mayor of such city, the provisions of
section 27-1805 and subdivision one of section 27-1807 of this title.
Any notice of violation issued by an agency designated by the mayor of
such city charging a violation of section 27-1805 and subdivision one of
section 27-1807 of this title shall be returnable to the environmental
control board of such city. Such environmental control board shall have
the power to impose the civil penalties set forth in subdivisions one,
two and three of this section. All civil penalties collected for any
violation of this title that have been imposed by the environmental
control board of such city shall be paid into the general fund of such
city.