NY Env Conserv L § 71-2729 (2021)
2021 New York Laws ENV - Environmental Conservation Article 71 - Enforcement Title 27 - Enforcement of Article 27 and Article 71 71-2729 - Enforcement of Title 26 of Article 27 of This Chapter.

§ 71-2729. Enforcement of title 26 of article 27 of this chapter.1.  a.  Any  consumer,  as  defined  in  title  twenty-six  of article   twenty-seven of this chapter, who violates any provision of, or fails to   perform any duty imposed by, section 27-2611 of this chapter,  shall  be   liable  for  a  civil penalty not to exceed one hundred dollars for each   violation.b. Any person,  except  a  consumer,  manufacturer,  or  an  owner  or   operator  of  an  electronic  waste  collection  site,  electronic waste   consolidation facility, or electronic waste recycling facility as  these   terms  are  defined  in title twenty-six of article twenty-seven of this   chapter, who violates any  provision,  or  fails  to  perform  any  duty   imposed  by section 27-2611 of this chapter, shall be liable for a civil   penalty not to exceed two hundred fifty dollars for each violation.c. Any manufacturer, or  any  person  operating  an  electronic  waste   collection  site,  an  electronic  waste  consolidation  facility, or an   electronic waste recycling facility as those terms are defined in  title   twenty-six of article twenty-seven of this chapter, who:i.  fails to submit any report, registration, fee, or surcharge to the   department as required by title twenty-six of  article  twenty-seven  of   this  chapter  shall  be  liable  for  a civil penalty not to exceed one   thousand dollars  for  each  day  such  report,  registration,  fee,  or   surcharge is not submitted; andii.  violates  any  other  provision  of  title  twenty-six of article   twenty-seven of this chapter or fails to perform  any  duty  imposed  by   such  title,  except  for  subdivision  four  of section 27-2603 of this   chapter, shall be liable for a civil penalty for each violation  not  to   exceed  one  thousand dollars for the first violation, two thousand five   hundred dollars for the second violation and five thousand  dollars  for   the  third and subsequent violations of this title within a twelve-month   period.d. Any retailer, as defined by section 27-2601 of  this  chapter,  who   violates  any  provision  of title twenty-six of article twenty-seven of   this chapter or fails to perform any duty imposed by such  title,  shall   be  liable  for  a  civil  penalty  for each violation not to exceed two   hundred fifty dollars for the first violation, five hundred dollars  for   the  second  violation  and  one  thousand  dollars  for  the  third and   subsequent violations of this title in a twelve-month period.e. 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 article, or by the  court  in  any   action or proceeding pursuant to this section, and, in addition thereto,   such  person  may  by  similar  process be enjoined from continuing such   violation.2. All penalties collected pursuant to this section shall be paid over   to the commissioner for deposit to  the  environmental  protection  fund   established pursuant to section ninety-two-s of the state finance law.