Section 22-215. Penalties  


Latest version.
  • a. Except as otherwise provided in subdivision b
      of this section, any person who violates any provision of  this  chapter
      or  any  of the rules promulgated pursuant thereto shall be liable for a
      civil penalty which shall not exceed ten thousand dollars for each  such
      violation. Such civil penalty may be recovered in a civil action brought
      in  a  court  of  competent jurisdiction or an administrative proceeding
      before the environmental control board.
        b. (i) Any person  who  violates  subdivision  a  of  section  22-204,
      subdivision  a  of  section  22-206,  subdivision c of section 22-208 or
      section 22-219 of this chapter shall be guilty  of  a  misdemeanor  and,
      upon  conviction  thereof,  be punished for each violation by a criminal
      fine of not more than  ten  thousand  dollars  or  by  imprisonment  not
      exceeding six months, or both; and any such person shall also be subject
      to  a  civil penalty of not more than five thousand dollars for each day
      of such violation to be recovered in a civil action brought in  a  court
      of  competent  jurisdiction  or  an administrative proceeding before the
      environmental control board.
        (ii) Any person who interferes  or  attempts  to  interfere  with  the
      conduct  of  loading  or  unloading services authorized pursuant to this
      chapter, shall be guilty of a misdemeanor and, upon conviction  thereof,
      be  punished for each such violation by a criminal fine of not more than
      ten thousand dollars or by imprisonment not  exceeding  six  months,  or
      both and any such person shall also be subject to a civil penalty of not
      more  than five thousand dollars for each such violation to be recovered
      in a civil action brought in a court of  competent  jurisdiction  or  an
      administrative  proceeding  before  the  environmental control board for
      each day that the violation continues.
        (iii) Any person who intentionally or without permission of the  owner
      or  other  person  having lawful possession of such property destroys or
      damages property or  equipment  associated  with  loading  or  unloading
      services  authorized  pursuant  to  this  chapter  shall  be guilty of a
      misdemeanor and, upon conviction thereof,  be  punished  for  each  such
      violation by a criminal fine of not more than ten thousand dollars or by
      imprisonment not exceeding six months, or both and any such person shall
      also  be  subject  to  a  civil  penalty  of not more than five thousand
      dollars for each such violation  to  be  recovered  in  a  civil  action
      brought  in  a  court  of  competent  jurisdiction  or an administrative
      proceeding before the environmental control board.
        (iv) The corporation counsel is authorized to commence a civil  action
      on  behalf  of  the city for injunctive relief to restrain or enjoin any
      violation of this chapter and for civil penalties.