Section 1103. Violation; penalties  


Latest version.
  • 1.  If  a person or entity willfully
      violates any rule or regulation  promulgated  pursuant  to  section  one
      thousand  one hundred of this title relating to a temporary or permanent
      source or act of contamination, such person  or  entity  violating  such
      rule  or regulation shall be liable to prosecution for a misdemeanor for
      every such violation, and on conviction thereof shall be punished  by  a
      fine  not  exceeding one thousand dollars, or imprisonment not exceeding
      one year, or both.
        2. If a person or entity violates any rule or  regulation  promulgated
      pursuant to section one thousand one hundred of this title relating to a
      temporary  or  permanent  source or act of contamination, the department
      may  impose  a  civil  penalty  for  the  violation   thereof   or   the
      noncompliance  therewith,  not  exceeding  two hundred dollars for every
      such violation or noncompliance.
        3. For purposes of calculating the applicable civil penalty under this
      section, each day on which such violation occurred may be  considered  a
      separate  incident. In addition, a court may order such person or entity
      to make reparations for any permanent and/or substantial  damage  caused
      as a direct result of such violation. For purposes of subdivision one of
      this  section,  restitution  and reparation may be ordered in accordance
      with applicable provisions of the criminal procedure law.