1.Civil violation. A violation of this chapter by any person is a civil violation for which a fine of not more than $100 may be adjudged. [2015, c. 166, §14(NEW).]
2.Separate violations. Each day that a violation under subsection 1 continues or exists constitutes a separate offense. [2015, c. 166, §14(NEW).]
3.Container pickup. Notwithstanding subsection 1, a person who knowingly violates a provision of section 3106, subsection 8-A or the rules adopted pursuant to section 3106, subsection 8-A: A. As a first offense, must receive a written warning from the department but does not commit a civil violation; and [2023, c. 482, §31(NEW); 2023, c. 482, §43(AFF).]B. As a second offense and any subsequent offenses, commits a civil violation for which a fine of $1,000 may be adjudged. [2023, c. 482, §31(NEW); 2023, c. 482, §43(AFF).] Notwithstanding any provision of this subsection to the contrary, the department may exercise enforcement discretion in the event of unforeseen circumstances causing a violation of a provision of section 3106, subsection 8-A or the rules adopted pursuant to section 3106, subsection 8-A, including, but not limited to, extreme weather conditions and inability to provide for pickup due to a significant number of illness-related employee absences.
[2023, c. 482, §31(RPR); 2023, c. 482, §43(AFF).]
Amended by 2023SP1, c. 482,§ 31, eff. 10/15/2024.Added by 2015, c. 166,§ 14, eff. 10/15/2015.