Section 71-2722. Enforcement of section 27-1701 of this chapter

Administrative  and  civil sanctions.   1. Any person who knowingly or
  intentionally violates any of the provisions or  fails  to  perform  any
  duty  imposed  by  section  27-1701  of this chapter, except the duty to
  accept a lead-acid battery pursuant to subdivision four of such section,
  shall be liable for a civil penalty not to exceed  seventy-five  dollars
  for  each  violation,  provided  that  such  civil  penalty  shall be in
  addition to any other penalties authorized under other  state  or  local
  laws governing the illegal disposal of lead-acid batteries.
    2.  Any  retailer  or  distributor  who  refuses to accept a lead-acid
  battery as required pursuant to subdivision four of section  27-1701  of
  this  chapter  shall  be  liable for a civil penalty not to exceed seven
  hundred fifty dollars.
    3. Penalties under this section shall be assessed by the  commissioner
  after a hearing or opportunity to be heard pursuant to the provisions of
  section  71-1709  of  this article, and, in addition thereto, any person
  found to have violated the provisions of section 27-1701 of this chapter
  may by similar process be enjoined from continuing such  violation.  For
  the  purposes of this section, disposal of each lead-acid battery except
  as authorized pursuant to subdivision three of section 27-1701  of  this
  chapter shall constitute a separate violation.
    4.  In  the  city  of  New  York, the provisions of title seventeen of
  article twenty-seven of this chapter shall be enforceable by  an  agency
  or  agencies  designated for such purpose by the mayor of such city, and
  notice of violation shall be returnable  to  the  environmental  control
  board  of such city which shall have the power to impose civil penalties
  as provided in subdivisions one and two of this section.    Outside  the
  city  of  New  York,  the  provisions  of  such title seventeen shall be
  enforceable by a  local  agency  or  agencies  duly  designated  by  the
  commissioner.
    5.  All  civil penalties and fines collected for any violation of such
  title seventeen shall be paid over to the commissioner  for  deposit  in
  the  general  fund; provided however, that all civil penalties collected
  for any violation of such title seventeen which have been imposed by the
  environmental control board  of  the  city  of  New  York,  or  a  local
  adjudicatory body pursuant to subdivision four of this section, shall be
  paid into an environmental fund of such city or locality.