A 1634 —

Compared against the New York Consolidated Laws as published AI-generated reading aid — verify against the official bill.

This bill amends 1 section(s) of the New York Consolidated Laws: Section 23-2308 of the environmental conservation law.

• Section 23-2308 of the environmental conservation law

  Administrative and civil sanctions. or any person subject to section 23-2308 or any rule or regulation promulgated pursuant thereto violates any provision of (c) (d) → or sale 3. No person shall sell or offer for sale used oil, other than to oil rerefining facilities. 4. No used oil collector shall transfer used oil, other than to rere- fining facilities or a facility permitted to dispose of used oil by the commissioner. Violations, civil liability. italics improperly disposes of used oil in violation of 3-a. Any person who knowingly engages in the sale of used oil, shall be liable for a civil penalty not to exceed one thousand dollars for each violation. c d § 71-2203. Criminal liability for violations. 1. Any person who shall knowingly engage in the sale of used oil in violation of section 23-2308 of this chapter, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine, in the case of a first conviction, of not less than five hundred dollars nor more than eighteen thousand dollars or by imprisonment for a term of not more than one year, or by both such fine and imprisonment, for each separate violation. If the conviction is for an offense committed after the first conviction of such person under this subdivision, such person shall be punished by a fine not to exceed twenty-six thousand dollars, or by imprisonment, or by both such fine and imprisonment. Each day on which such violation occurs shall constitute a separate violation. 2. In determining the amount of any fine, penalty or sentence imposed pursuant to this section, the commissioner or the court shall take into consideration any evidence introduced by a party regarding the economic impact of a penalty on a business, the compliance history of a violator, good faith efforts of a violator to comply, any economic benefit obtained from noncompliance, the amount of risk or damage to public health or the environment caused by a violator, whether the violation was procedural in nature, or such other factors as justice may require.

  amended

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