§ 71-3903. Violations; penalties.\n 1. Administrative sanctions. Any person who violates, disobeys or\ndisregards any provision of article thirty-nine shall be liable to the\npeople of the state for a civil penalty of not to exceed three thousand\ndollars for every such violation, to be assessed by the commissioner\nafter a hearing or opportunity to be heard. The penalty may be recovered\nin an action brought by the commissioner in any court of competent\njurisdiction. Such civil penalty may be released or comprised by the\ncommissioner before the matter has been referred to the attorney\ngeneral; and where such matter has been referred to the attorney\ngeneral, any such penalty may be released or comprised and any action\ncommenced to recover the same may be settled and discontinued by the\nattorney general with the consent of the commissioner. In addition, the\ncommissioner shall have power, following a hearing, to direct the\nviolator to cease his violation of article thirty-nine and, where\nappropriate, to recall any sewage system cleaners or additives sold or\ndistributed in violation of said article. Any such order of the\ncommissioner shall be enforceable in an action brought by the\ncommissioner in any court of competent jurisdiction. Any civil penalty\nor order issued by the commissioner under this subdivision shall be\nreviewable in a proceeding under article seventy-eight of the civil\npractice law and rules commenced within thirty days of such penalty or\norder.\n 2. Criminal sanctions. Any person who knowingly violates any provision\nof section 39-0105 of this chapter shall, in addition to the sanctions\nprovided in subdivision one of this section, for the first offense, be\nguilty of a violation punishable by a fine of not less than five hundred\nnor more than one thousand dollars; for a second and each subsequent\noffense he shall be guilty of a misdemeanor punishable by a fine of not\nless than one thousand nor more than three thousand dollars or a term of\nimprisonment of not more than six months or both. In addition to or\ninstead of these sanctions, any offender shall be punishable by being\nordered by the court to recall any sewage system cleaners or additives\nsold or distributed in violation of article thirty-nine. The court shall\nspecify a reasonable time for the completion of the recall. Each offense\nshall be a separate and distinct offense and, in the case of a\ncontinuing offense, each day's continuance thereof shall be deemed a\nseparate and distinct offense.\n
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