NY Env Conserv L § 27-1015 (2021)
2021 New York Laws ENV - Environmental Conservation Article 27 - Collection, Treatment and Disposal of Refuse and Other Solid Waste Title 10 - Litter and Solid Waste Control 27-1015 - Violations.

§ 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.