§ 16-464 Enforcement.
AC § 16-464
a.
1.Any person who violates paragraph one of subdivision a of section 16-461 of this chapter shall be liable for (i) a criminal fine of five hundred dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of five hundred dollars for the first offense, seven hundred fifty dollars for the second offense that occurs on a different day within any eighteen-month period and one thousand dollars for each subsequent offense that occurs on a different day within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this paragraph, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed.
2.No person shall be in violation of paragraph one of subdivision a of section 16-461 of this chapter if such person has removed three or fewer recyclable items, in the aggregate, per day or if such removed items are loose, individual magazines or soft-cover books that are not bundled and tied together with other mixed paper. This paragraph shall not apply to any refrigerant-containing item, or any large bulk metal item as defined by the commissioner by rule, or if the department observes the presence of additional recyclable material in the motor vehicle. There shall be a rebuttable presumption that the presence of such additional recyclable material in the motor vehicle indicates that such material was collected in violation of paragraph one of subdivision a of section 16-461 of this chapter.
3.Any person who violates subparagraph i of paragraph two of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of one thousand dollars.
4.Any person who violates subparagraphs iii, iv or v of paragraph two of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of one hundred dollars for each such violation.
5.Any person who violates paragraph three of subdivision a of section 16-461 of this chapter shall be liable for a civil penalty of five hundred dollars. b. Any person who violates subdivision b of section 16-461 of this chapter shall be liable for (i) a criminal fine of seven hundred fifty dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of seven hundred fifty dollars for the first offense, one thousand dollars for the second offense that occurs on a different day within an eighteen-month period and one thousand five hundred dollars for each subsequent offense that occurs on a different day within such eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed. c. Any person who violates subdivision c of section 16-461 of this chapter shall be liable for (i) a criminal fine of one thousand dollars or imprisonment not to exceed forty-eight hours, or both, or (ii) a civil penalty of one thousand dollars for the first offense and two thousand dollars for each subsequent offense that occurs on a different day within any eighteen-month period. For the purpose of imposing a criminal fine or civil penalty pursuant to this subdivision, every building or lot from which recyclable material has been removed unlawfully shall constitute a separate violation for which a criminal fine or civil penalty may be imposed. d.
