§ 71-2705. Violations of titles 9, 11 and 13 of article 27 of this

chapter.

1. Civil and administrative sanctions. Any person who violates any of
the provisions of, or who fails to perform any duty imposed by titles 9,
11 and 13 of article 27 or any rule or regulation promulgated pursuant
thereto, or any term or condition of any certificate or permit issued
pursuant thereto, or any final determination or order of the
commissioner made pursuant to this title shall be liable in the case of
a first violation, for a civil penalty not to exceed sixty-five thousand
dollars and an additional penalty of not more than sixty-five thousand
dollars for each day during which such violation continues, to be
assessed by the commissioner after an opportunity to be heard pursuant
to the provisions of section 71-1709 of this article, or by the court in
any action or proceeding pursuant to section 71-2727 of this title, and,
in addition thereto, such person may by similar process be enjoined from
continuing such violation and any permit or certificate issued to such
person may be revoked or suspended or a pending renewal application
denied. In the case of a second and any further violation, the liability
shall be for a civil penalty not to exceed one hundred twenty-five
thousand dollars for each such violation and an additional penalty not
to exceed one hundred twenty-five thousand dollars for each day during
which such violation continues.

2. Criminal sanctions. Any person who, having any of the culpable
mental states defined in section 15.05 of the penal law, shall violate
any of the provisions of or who fails to perform any duty imposed by
titles 9, 11 and 13 of article 27 or any rules and regulations
promulgated pursuant thereto, or any term or condition of any
certificate or permit issued pursuant thereto, or any final
determination or order of the commissioner made pursuant to this title
shall be guilty of a misdemeanor and, upon conviction thereof, shall for
a first conviction be punished by a fine not to exceed sixty-five
thousand dollars per day of violation or by imprisonment for a term of
not more than one year, or both such fine and imprisonment. If the
conviction is for an offense committed after a first conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed one hundred twenty-five thousand dollars per day of violation, or
by imprisonment for not more than two years or by both such fine and
imprisonment.