§ 71-2728. Enforcement of title 27 of article 27 of this chapter.\n 1. Any person who knowingly or intentionally violates any provision of\nor fails to perform any duty imposed pursuant to title 27 of article 27\nof this chapter shall upon the first finding of such a violation be\nprovided with a warning that future violations shall result in the\nimposition of a fine. Any person convicted of a second violation shall\nbe liable for a civil penalty not to exceed one hundred dollars. Any\nperson convicted of a third or subsequent violation shall be liable for\na civil penalty not to exceed five hundred dollars.\n 2. Penalties under this section shall be assessed by the commissioner\nafter a hearing or opportunity to be heard pursuant to the provisions of\nsection 71-1709 of this article and, in addition thereto, any person\nfound to have violated title 27 of article 27 of this chapter may by\nsimilar process be enjoined from continuing such violation.\n 3. All civil penalties and fines collected for any violation of title\n27 of article 27 of this chapter shall be paid over to the commissioner\nfor deposit in the environmental protection fund established by section\nninety-two-s of the state finance law.\n
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