2023 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; and
ii.  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.