Section 71-3903. Violations; penalties

1.  Administrative  sanctions.  Any  person  who violates, disobeys or
  disregards any provision of article thirty-nine shall be liable  to  the
  people  of the state for a civil penalty of not to exceed three thousand
  dollars for every such violation, to be  assessed  by  the  commissioner
  after a hearing or opportunity to be heard. 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  comprised  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 comprised and any action
  commenced to recover the same may be settled  and  discontinued  by  the
  attorney  general with the consent of the commissioner. In addition, the
  commissioner shall have  power,  following  a  hearing,  to  direct  the
  violator  to  cease  his  violation  of  article  thirty-nine and, where
  appropriate, to recall any sewage system cleaners or additives  sold  or
  distributed  in  violation  of  said  article.  Any  such  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 commenced within thirty days of such  penalty  or
  order.
    2. Criminal sanctions. Any person who knowingly violates any provision
  of  section  39-0105 of this chapter shall, in addition to the sanctions
  provided in subdivision one of this section, for the first  offense,  be
  guilty of a violation punishable by a fine of not less than five hundred
  nor  more  than  one  thousand dollars; for a second and each subsequent
  offense he shall be guilty of a misdemeanor punishable by a fine of  not
  less than one thousand nor more than three thousand dollars or a term of
  imprisonment  of  not  more  than  six months or both. In addition to or
  instead of these sanctions, any offender shall be  punishable  by  being
  ordered  by  the court to recall any sewage system cleaners or additives
  sold or distributed in violation of article thirty-nine. The court shall
  specify a reasonable time for the completion of the recall. 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.