Section 71-4303. Violations of article forty 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,  article
  forty  of this chapter or any rule or regulation promulgated thereunder,
  or any terms or conditions 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  civil  penalty
  not  to exceed twenty-five thousand dollars and an additional penalty of
  not more than twenty-five thousand 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 a court in any action or proceeding pursuant to  this
  title,  and,  in  addition thereto such person may by similar process be
  enjoined from continuing such violation. In addition, upon the provision
  of notice stating the grounds for its action and giving  an  opportunity
  for  hearing, the commissioner may revoke, suspend or deny a certificate
  or a renewal of a certificate issued pursuant to article forty  of  this
  chapter. In the case of a second violation, the liability shall be for a
  civil  penalty  not  to exceed fifty thousand dollars for such violation
  and an additional penalty not to exceed fifty 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
  article forty of this chapter or any rules  or  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 twenty-five thousand dollars per day
  of violation or by imprisonment for a term of not more than one year, or
  by  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 fifty thousand
  dollars per day of violation, or by imprisonment for not more  than  two
  years or by both such fine and imprisonment.