§ 16-108. Violations, civil liability. 1. Any person who issues:\n (a) a certification that a product listed in paragraphs (a) through\n(xx) of subdivision one of section 16-104 of this article complies with\nthe efficiency standards for such product established by or pursuant to\nthis article;\n (b) a certification that a product not listed in paragraphs (a)\nthrough (xx) of subdivision one of section 16-104 of this article\ncomplies with efficiency standards for such product established pursuant\nto paragraph (b) or (c) of subdivision one of section 16-104 of this\narticle; or\n (c) a certification that a product that is subject to federal\nefficiency standards that shall have been continued in this state\npursuant to section 16-105 of this article complies with such efficiency\nstandards, knowing that such product does not comply with such\nefficiency standards, shall be liable for a civil penalty of not more\nthan ten thousand dollars for each such product certified and an\nadditional penalty of not more than ten thousand dollars for each day\nduring which such violation continues.\n 2. Any person who violates the provisions of subdivision two of\nsection 16-104 of this article, or fails to perform any duty imposed by\nthis article, or violates or fails to comply with any rule, regulation,\ndetermination, or order adopted, made, or issued by the president or the\nsecretary pursuant to this article, shall be liable for a civil penalty\nof not more than five hundred dollars for each such violation and an\nadditional civil penalty of not more than one hundred dollars for each\nday during which such violation continues, and, in addition thereto,\nsuch person may be enjoined from continuing such violation.\n 3. An action or cause of action for the recovery of a penalty under\nthis section may be settled or compromised in an amount to be approved\nby the secretary either before or after proceedings are brought to\nrecover such penalties and prior to the entry for judgment therefor.\n
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