§ 17-1104 Civil and criminal penalties.
AC § 17-1104
a.
(1)Any person providing a commercial lawn application who violates any provision of subdivision b of section 17-1102 of this chapter or any rule promulgated pursuant thereto shall be liable for a civil penalty not to exceed five thousand dollars for a first violation, and not to exceed ten thousand dollars for a subsequent offense.
(2)Notwithstanding any provision of law to the contrary, an owner or owner's agent of a multiple dwelling or owner, owner's agent or a person in a position of authority for all other types of premises who violates any provision of subdivision b of section 17-1102 of this chapter or any rule or regulation promulgated pursuant thereto and any person who violates any provision of subdivision c of section 17-1102 of this chapter or any rule promulgated pursuant thereto shall, for a first such violation, in lieu of a penalty, be issued a written warning and shall also be issued educational materials pursuant to subdivision two of section 33-1005 of the environmental conservation law. Such persons shall, however, be liable for a civil penalty not to exceed one hundred dollars for a second violation, and not to exceed two hundred fifty dollars for any subsequent violation.
(3)Notwithstanding any provision of law to the contrary, any person who violates the provisions of subdivision a of section 17-1102 of this chapter shall be issued a warning for the first violation and shall be provided seven days to correct such violation. Such person shall, however, be liable for a civil penalty not to exceed one hundred dollars for a second violation and not to exceed two hundred fifty dollars for any subsequent violation. b.
