71-1127 - Violations; civil liability.

§ 71-1127. Violations; civil liability.    1.  Any  person who violates any of the provisions of, or who fails to  perform any duty imposed by article 15 except section  15-1713,  or  who  violates or who fails to comply with any rule, regulation, determination  or  order of the department heretofore or hereafter promulgated pursuant  to article 15 except section 15-1713,  or  any  condition  of  a  permit  issued  pursuant  to article 15 of this chapter, or any determination or  order of the former water resources  commission  or  the  Department  of  Environmental  Conservation  heretofore  promulgated  pursuant to former  article 5 of the Conservation Law, shall be liable for a  civil  penalty  of  not  more  than  five  hundred  dollars  for  such  violation and an  additional civil penalty of not more than one hundred dollars  for  each  day  during  which  such  violation continues, and, in addition thereto,  such person may be enjoined from continuing such violation as  otherwise  provided in article 15 except section 15-1713.    2.  The  penalties  provided by subdivision 1 of this section shall be  recoverable in an action instituted in the name of the department by the  Attorney General upon the request of the department.    3. An action or cause of action for the recovery of  a  penalty  under  article  15 or sections 71-1103 through 71-1129 inclusive may be settled  or compromised in an amount to be  approved  by  the  department  either  before  or  after  proceedings are brought to recover such penalties and  prior to the entry for judgment therefor.