2023 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.