Section 71-2728. Enforcement of title 27 of article 27 of this chapter

1. Any person who knowingly or intentionally violates any provision of
  or  fails to perform any duty imposed pursuant to title 27 of article 27
  of this chapter shall upon the first finding  of  such  a  violation  be
  provided  with  a  warning  that  future  violations shall result in the
  imposition of a fine. Any person convicted of a second  violation  shall
  be  liable  for  a  civil penalty not to exceed one hundred dollars. Any
  person convicted of a third or subsequent violation shall be liable  for
  a civil penalty not to exceed five hundred dollars.
    2.  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  title 27 of article 27 of this chapter may by
  similar process be enjoined from continuing such violation.
    3. All civil penalties and fines collected for any violation of  title
  27  of article 27 of this chapter shall be paid over to the commissioner
  for deposit in the environmental protection fund established by  section
  ninety-two-s of the state finance law.