Section 27-1015. Violations  


Latest version.
  • 1.  A  violation  of  this title, except as otherwise provided in this
      section and section 27-1012 of this title, shall be a  public  nuisance.
      In  addition,  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 or deposit initiator 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.  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.  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.