Section 24-713. Violations

(a) Any person who knowingly or recklessly makes
  any false statement,  representation  or  certification  on  a  facility
  inventory  form,  risk management plan, or any other document filed with
  the department, or on any label  required,  pursuant  to  this  chapter,
  shall,  upon  conviction,  be  subject  to  a  fine of not more than two
  thousand dollars, or imprisonment  of  up  to  one  year,  or  both.  In
  addition  to  its  application to any other person, the penalty provided
  for in this subdivision shall be deemed a special fine for a corporation
  within the meaning of section 80.10 of the penal law of the state of New
  York.
    (b) Any person who  violates  the  requirements  of  sections  24-706,
  24-711 or 24-718 of this chapter shall be liable for a civil penalty, as
  follows:  (1)  for a first violation, in an amount of not less than five
  hundred nor more than five thousand dollars; (2) for a second violation,
  in an amount of not less than three thousand five hundred nor more  than
  ten  thousand  dollars;  and  (3)  for  each subsequent violation, in an
  amount of not less than seven thousand five hundred nor more than twenty
  thousand dollars. For purposes of  this  section,  the  second  and  any
  subsequent  violation  shall  only  occur  after  notice  of  the  first
  violation has been properly served  and  an  opportunity  to  cure  said
  violation  has  been  provided  to  the  violator,  provided  that  such
  opportunity to cure shall not exceed thirty days. For purposes  of  this
  section,  a  second  or  subsequent violation shall occur where a person
  violates section 24-706, 24-711 or 24-718 of this  chapter  within  five
  years of having been found to have violated this chapter. Such penalties
  may  be  recovered  in  a  civil  action  brought  in  the  name  of the
  commissioner or in a proceeding before the environmental control  board.
  In  determining  the  civil  penalty, the hearing officer or judge shall
  consider any evidence presented by the defendant showing  a  good  faith
  effort  to comply with relevant requirements of this chapter, the nature
  and seriousness of the defendant's violation of the chapter, whether the
  violation was voluntarily disclosed, previous  violations,  if  any,  of
  this chapter and any other evidence found to be relevant.
    (c)   Any  person  who  without  justification  refuses  to  allow  an
  inspection of a facility pursuant to  section  24-712  of  this  chapter
  shall be subject to a civil penalty, returnable before the environmental
  control  board  or in civil court in the name of the commissioner, in an
  amount not to exceed twenty thousand dollars.