§ 71-2907. Sanctions.

1. Administrative sanctions. Except as otherwise provided in this
subdivision, any person who violates any provision of article 33 of this
chapter or any rule, regulation or order issued thereunder or commits
any offense described in section 33-1301 of this chapter shall be liable
to the people of the state for a civil penalty not to exceed five
thousand dollars for a first violation, and not to exceed ten thousand
dollars for a subsequent offense, to be assessed by the commissioner
after a hearing or opportunity to be heard. Notwithstanding any
provision of law to the contrary, an owner or owner's agent of a
multiple dwelling or owner, owner's agent or a person in a position of
authority for all other types of premises, as such terms are defined in
paragraph d of subdivision five of section 33-0905 of this chapter, who
violates any provision of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph b of such
subdivision, and a person, who violates any provision of a local law
adopted pursuant to subdivision one of section 33-1004 of this chapter
relating to paragraph c of such subdivision, and a person who violates
the provisions of subdivision three of section three hundred ninety-c of
the social services law shall, for a first such violation, in lieu of a
penalty, be issued a written warning and shall also be issued
educational materials pursuant to subdivision two of section 33-1005 of
this chapter. Such person shall, however, for a second violation, be
liable to the people of the state for a civil penalty not to exceed one
hundred dollars, and not to exceed two hundred fifty dollars for any
subsequent violation, such penalties to be assessed by the commissioner
after a hearing or opportunity to be heard.

Notwithstanding any provision of law to the contrary, any person who
violates the provisions of a local law adopted pursuant to subdivision
one of section 33-1004 of this chapter relating to paragraph a of such
subdivision, shall be issued a warning for the first violation and shall
be provided seven days to correct such violation; and shall be liable to
the people of the state for a civil penalty not to exceed one hundred
dollars for a second violation, and not to exceed two hundred fifty
dollars for a subsequent violation, to be assessed by the commissioner
after a hearing or opportunity to be heard. The commissioner, acting by
the attorney general, may bring suit for collection of such assessed
civil penalty in any court of competent jurisdiction. Such civil penalty
may be released or compromised 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
compromised and any action commenced to recover the same may be settled
and discontinued by the attorney general with the consent of the
commissioner. Any civil penalty assessed by the commissioner under this
subdivision shall be reviewable in a proceeding under article 78 of the
civil practice law and rules.

2. Civil sanctions. In lieu of seeking administrative sanctions, the
commissioner may refer any violation described in subdivision 1 of this
section to the attorney general who shall be empowered to bring a civil
suit to seek any of the sanctions described in subdivision 1 of this
section. Any such sanctions imposed may be released or compromised or
the action may be settled and discontinued by the attorney general with
the consent of the commissioner.

3. Criminal sanctions. Any person who, having the culpable mental
states defined in subdivision one or two of section 15.05 or in section
20.20 of the penal law, violates any provision of article 33 of this
chapter or any rule, regulation thereunder or commits any offense
described in section 33-1301 of this chapter, except an offense relating
to the application of a general use pesticide shall be guilty of a
misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed five thousand dollars for each day during which such
violation continues or by imprisonment for a term of not more than one
year, or by both such fine and imprisonment. If the conviction is for a
subsequent offense committed after a first conviction of such person
under this subdivision, punishment shall be by a fine not to exceed ten
thousand dollars for each day during which such violation continues or
by imprisonment for a term of not more than one year, or by both such
fine and imprisonment. When a violation consists of the manufacture or
production of any prohibited article, each day during which or any part
of which such manufacture or production is carried on or continued,
shall be deemed a separate violation. Any person who violates any
provision of article 33 of this chapter or any rule or regulation
thereunder or commits any offense described in section 33-1301 of this
chapter relating to the use of a general use pesticide shall be guilty
of a violation and, upon conviction thereof, shall be punished by a fine
not to exceed twenty-five hundred dollars. If the conviction is for a
subsequent offense committed after the first such conviction of such
person under this subdivision, punishment shall be by a fine not to
exceed five thousand dollars. Prosecution hereunder may be conducted by
either the attorney general or the district attorney consistent with
section 71-0403 of this article. With respect to violations of section
33-1004 of this chapter, penalties imposed pursuant to this subdivision
may be assessed only against a person providing a commercial lawn
application.

4. When a violation consists of the sale, or the offering or exposing
for sale or exchange of any prohibited article or substance, the sale of
each one of several packages shall constitute a separate violation, and
each day on which any such article or substance is offered or exposed
for sale or exchange shall constitute a separate violation. When the use
of any such article or substance is prohibited, each day during which or
any part of which such article or substance is so used or furnished for
use, shall constitute a separate violation, and the furnishing of the
same for use to each person to whom the same may be furnished shall
constitute a separate violation. When the storage of any article is
prohibited beyond a certain period, each day during which or any part of
which any article is so stored beyond the period provided for by article
33 of this chapter or this title shall constitute a separate violation.

5. This section shall not affect the rights of any other person
seeking damages arising out of a violation.