Section 71-2113. Violations of section 19-0304 of article 19 of this chapter

1.  Civil and administrative sanctions. Any person who violates any of
  the provisions of, or who fails to perform any duty imposed  by  section
  19-0304  of this chapter, or any rule or regulation promulgated pursuant
  thereto, or any term or condition of any certificate  or  permit  issued
  pursuant   thereto,   or   any  final  determination  or  order  of  the
  commissioner made pursuant to article 19 of this  chapter  concerning  a
  violation of section 19-0304 of this chapter shall be liable in the case
  of  a  first  violation,  for a civil penalty not to exceed thirty-seven
  thousand five hundred dollars and an additional penalty of not more than
  thirty-seven thousand five hundred dollars for  each  day  during  which
  such  violation  continues,  to be assessed by the commissioner after an
  opportunity to be heard pursuant to the provisions of section 71-1709 of
  this article, or by the court in any action or  proceeding  pursuant  to
  section 71-2107 of this title, and, in addition thereto, such person may
  by  similar  process  be enjoined from continuing such violation and any
  permit or certificate issued to such person may be revoked or  suspended
  or a pending renewal application denied. In the case of a second and any
  further  violation,  the  liability  shall be for a civil penalty not to
  exceed seventy-five thousand dollars for  each  such  violation  and  an
  additional  penalty not to exceed seventy-five thousand dollars for each
  day during which such violation continues.
    2. Criminal sanctions. Any person who,  having  any  of  the  culpable
  mental  states  defined in section 15.05 of the penal law, shall violate
  any of the provisions of or who fails to perform  any  duty  imposed  by
  section   19-0304   of  this  chapter,  or  any  rules  and  regulations
  promulgated  pursuant  thereto,  or  any  term  or  condition   of   any
  certificate   or   permit   issued   pursuant   thereto,  or  any  final
  determination or order of the commissioner made pursuant to  article  19
  of  this  chapter  concerning  a  violation  of  section 19-0304 of this
  chapter shall be guilty of a misdemeanor and, upon  conviction  thereof,
  shall  for  a  first  conviction  be  punished  by  a fine not to exceed
  thirty-seven thousand five hundred dollars per day of  violation  or  by
  imprisonment for a term of not more than one year, or both such fine and
  imprisonment.  If  the  conviction  is  for an offense committed after a
  first conviction of such person under this subdivision, punishment shall
  be by a fine not to exceed seventy-five  thousand  dollars  per  day  of
  violation,  or  by  imprisonment  for not more than two years or by both
  such fine and imprisonment.