Section 16-455. Penalties

a.  Any  operator who violates subdivision a of
  section 16-453 of this chapter shall  be  liable  for  a  civil  penalty
  recoverable  in  a  proceeding before the environmental control board in
  the amount of three  hundred  dollars  per  day  for  each  day  that  a
  recycling program meeting the requirements of such subdivision is not in
  effect.  It  shall be an affirmative defense to a violation of paragraph
  one or five of subdivision a of section 16-453 of this chapter that  the
  operator  used  its  best  efforts to comply with such paragraph but was
  unable to because of circumstances beyond such operator's control.
    b. Any operator who violates subdivision b of section 16-453  of  this
  chapter  shall be liable for a civil penalty recoverable in a proceeding
  before the environmental control board in the amount of: (1) one hundred
  dollars for the first violation;  (2)  seven  hundred  dollars  for  the
  second  violation  within  a twelve-month period of the first violation;
  and (3) one  thousand  dollars  for  the  third  violation  within  such
  twelve-month period.
    c.  Any  operator who violates subdivision c of section 16-453 of this
  chapter shall be liable for a civil penalty recoverable in a  proceeding
  before the environmental control board in the amount of: (1) one hundred
  dollars  for  the  first  violation within twelve months of the date the
  report referred to in such subdivision is due; (2) seven hundred dollars
  for the second violation within such twelve-month period;  and  (3)  one
  thousand  dollars  for  the  third  violation  within  such twelve-month
  period.
    d. Any manufacturer who violates subdivision a of  section  16-454  of
  this  chapter  shall  be  liable  for  a  civil penalty recoverable in a
  proceeding before the environmental control board in the amount of  five
  hundred dollars per day for each day that such violation continues.
    e.  Any  manufacturer  who violates subdivision b of section 16-454 of
  this chapter shall be liable  for  a  civil  penalty  recoverable  in  a
  proceeding  before the environmental control board in the amount of: (1)
  one hundred dollars for the first violation within twelve months of  the
  date the report referred to in such subdivision is due; (2) one thousand
  dollars  for  the  second violation within such twelve-month period; and
  (3)  fifteen  hundred  dollars  for  the  third  violation  within  such
  twelve-month period.
    f.  Any  manufacturer  who violates subdivision c of section 16-454 of
  this chapter shall be liable  for  a  civil  penalty  recoverable  in  a
  proceeding  before the environmental control board in the amount of: (1)
  one hundred dollars for the first violation; (2)  one  thousand  dollars
  for  the  second  violation  within  a  twelve-month period of the first
  violation; and (3) fifteen  hundred  dollars  for  the  third  violation
  within such twelve-month period.
    g. The failure of an operator or manufacturer to provide the report or
  maintain  the  records,  or  of  a  manufacturer  to provide educational
  materials requested by an operator,  required  by  sections  16-453  and
  16-454  of  this  chapter  shall  constitute a continuing violation that
  subjects such operator  or  manufacturer  to  up  to  three  notices  of
  violation within the twelve-month periods provided in subdivisions b, c,
  e and f of this section.
    h.  The  department shall have the authority to enforce all provisions
  of this chapter. The department of consumer affairs also shall have  the
  authority  to  enforce  paragraphs one, two and five of subdivision a of
  section 16-453 of this chapter.