Section 71-2705. Violations of titles 9, 11 and 13 of article 27 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 titles 9,
  11  and  13 of article 27 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 this title 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 71-2727 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
  titles  9,  11  and  13  of  article  27  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  this  title
  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.