Section 71-2503. Violation; penalties

1. Administrative sanctions.
    a.  Any  person  who violates, disobeys or disregards any provision of
  article twenty-five shall be liable to the people of  the  state  for  a
  civil  penalty  of  not  to  exceed  ten thousand dollars for every such
  violation, to be assessed, after a hearing or opportunity to  be  heard,
  by  the  commissioner.  Each  violation shall be a separate and distinct
  violation and, in  the  case  of  a  continuing  violation,  each  day's
  continuance  thereof  shall be deemed a separate and distinct violation.
  The penalty may be recovered in an action brought by the commissioner in
  any court of competent jurisdiction. Such civil penalty may be  released
  or  compromised  by the commissioner before the matter has been referred
  to the attorney general; and where such matter has been referred to  the
  attorney  general,  any  such penalty may be released or compromised and
  any action commenced to recover the same may be settled and discontinued
  by the attorney general with the consent of the commissioner.
    b. Upon determining that  significant  damage  to  the  functions  and
  benefits  of  tidal  wetlands is occurring or is imminent as a result of
  any violation of article twenty-five, including but not limited  to  (i)
  activity  taking  place requiring a permit under article twenty-five but
  for which no permit has been granted or (ii) failure on the  part  of  a
  permittee  to  adhere  to permit conditions, the commissioner shall have
  power to direct the violator to cease and desist from violating the act.
  In such cases the violator shall be provided an opportunity to be  heard
  within ten days of receipt of the notice to cease and desist.
    c.  Following  a  hearing  held  pursuant  to  section 71-1709 of this
  article, the commissioner shall have power to  direct  the  violator  to
  cease  and  desist  from  violating  the act and to restore the affected
  tidal wetland or area immediately  adjacent  thereto  to  its  condition
  prior  to the violation, insofar as that is possible within a reasonable
  time and under the supervision of the commissioner.  Any  order  of  the
  commissioner   shall   be  enforceable  in  an  action  brought  by  the
  commissioner in any court of competent jurisdiction. Any  civil  penalty
  or  order  issued  by  the  commissioner under this subdivision shall be
  reviewable in a proceeding under  article  seventy-eight  of  the  civil
  practice law and rules.
    2.  Criminal  sanctions.  Any  person  who  violates  any provision of
  article twenty-five shall, in addition, for the first offense, be guilty
  of a violation punishable by a fine of not less than  five  hundred  nor
  more  than  five  thousand  dollars;  for  a  second and each subsequent
  offense such person shall be guilty of a  misdemeanor  punishable  by  a
  fine of not less than one thousand nor more than ten thousand dollars or
  a  term  of imprisonment of not less than fifteen days nor more than six
  months or both. In addition to or  instead  of  these  punishments,  any
  offender  shall  be  punishable by being ordered by the court to restore
  the affected tidal wetland or area immediately adjacent thereto  to  its
  condition  prior  to the offense, insofar as that is possible. The court
  shall specify a reasonable time for the completion of  the  restoration,
  which  shall be effected under the supervision of the commissioner. Each
  offense shall be a separate and distinct offense and, in the case  of  a
  continuing  offense,  each  day's  continuance thereof shall be deemed a
  separate and distinct offense.
    3. The proceeds of any penalty or fine  assessed  under  this  section
  shall  be deposited to the credit of the marine resources account of the
  conservation fund.