§ 71-1933. Violations; criminal liability.\n 1. Any person who, having any of the culpable mental states defined in\nsection 15.05 of the penal law, shall violate any of the provisions of\ntitles 1 through 5, 9 through 11 and 19 of article 17 or the rules,\nregulations, orders or determinations of the commissioner promulgated\nthereto, or the terms of any permit issued thereunder, shall be guilty\nof a misdemeanor and, upon conviction thereof, shall be punished by a\nfine of not less than three thousand seven hundred fifty dollars nor\nmore than thirty-seven thousand five hundred dollars per day of\nviolation or by imprisonment for a term of not more than one year, or by\nboth such fine and imprisonment. If the conviction is for an offense\ncommitted after a first conviction of such person under this\nsubdivision, punishment shall be by a fine of not more than seventy-five\nthousand dollars per day of violation, or by imprisonment for not more\nthan two years, or by both.\n 2. No prosecution under this section shall be instituted until after\nfinal disposition of an appeal or review, if any, provided by section\n17-0909 or its predecessor, section 1244 of the Public Health Law.\n 3. Any person who with criminal negligence, as defined in section\n15.05 of the penal law,\n a. violates\n i. any provision of title 7 or 8 of article 17 of this chapter, or\n ii. the rules or regulations promulgated thereunder, or\n iii. any term of any permit issued thereunder, or\n iv. any requirement imposed in a pretreatment program approved\npursuant to section 402(a)(3) or 402(b)(8) of the Federal Water\nPollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved\npursuant to title 7 or 8 of article 17 of this chapter, or\n v. any final administrative orders issued pursuant to this article\nwhere an opportunity for a hearing is provided, or\n b. introduces into a sewer system or publicly owned treatment works\nany pollutant or hazardous substance\n i. when such person knew that such introduction was likely to cause\npersonal injury or property damage, except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits, or\n ii. which causes the treatment works to violate any term of any permit\nissued under title 7 or 8 of article 17 of this chapter or the rules or\nregulations promulgated thereunder except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits; shall be guilty of a class A misdemeanor.\n 4. Any person who knowingly, as defined in section 15.05 of the penal\nlaw,\n a. violates\n i. any provision of title 7 or 8 of article 17 of this chapter, or\n ii. the rules or regulations promulgated thereunder, or\n iii. any term of any permit issued thereunder, or\n iv. any requirement imposed in a pretreatment program approved\npursuant to section 402(a)(3) or 402(b)(8) of the Federal Water\nPollution Control Act (33 USC § 1342(a)(3) or § 1342(b)(8)) or approved\npursuant to title 7 or 8 of article 17 of this chapter, or\n v. any final administrative orders issued pursuant to this article\nwhere an opportunity for a hearing was provided, or\n b. introduces into a sewer system or publicly owned treatment works\nany pollutant or hazardous substance\n i. when such person knew that such introduction was likely to cause\npersonal injury, except if that introduction was in compliance with all\napplicable federal, state or local requirements or permits, or\n ii. which causes the treatment works to violate any term of any permit\nissued under title 7 or 8 of article 17 of this chapter or the rules or\nregulations promulgated thereunder except if that introduction was in\ncompliance with all applicable federal, state or local requirements or\npermits; shall be guilty of a class E felony.\n 5. Any person who intentionally, as defined in section 15.05 of the\npenal law,\n a. violates\n i. any provision of title 7
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