Section 71-2103. Violations; civil liability

1.  Except as provided in section 71-2113, any person who violates any
  provision of article nineteen or any code, rule or regulation which  was
  promulgated  pursuant  thereto;  or  any order except an order directing
  such person to  pay  a  penalty  by  a  specified  date  issued  by  the
  commissioner  pursuant  thereto, shall be liable, in the case of a first
  violation, for a  penalty  not  less  than  three  hundred  seventy-five
  dollars nor more than fifteen thousand dollars for said violation and an
  additional  penalty  of  not to exceed fifteen thousand dollars for each
  day during which such violation continues. In the case of  a  second  or
  any  further  violation,  the  liability  shall  be for a penalty not to
  exceed twenty-two thousand five hundred dollars for said  violation  and
  an  additional  penalty  not  to exceed twenty-two thousand five hundred
  dollars for each day during which such violation continues. In  addition
  thereto,  such  person may be enjoined from continuing such violation as
  hereinafter provided.
    2. The penalty provided for in subdivision 1 of this section shall  be
  recoverable in an action brought by the Attorney General.
    3.  An  action  or cause of action for the recovery of a penalty under
  article 19 may be settled or compromised by the Attorney  General  after
  proceedings  are brought to recover such penalties prior to the entry of
  judgment therefor.
    4. Any fines collected for  violations  of  section  19-0320  of  this
  chapter  shall  be deposited in the clean air fund, to the credit of the
  mobile source account, in accordance  with  the  provisions  of  section
  ninety-seven-oo of the state finance law.