§ 81-26. Penalties for offenses; corrective action.

A. 

Criminal sanctions.

(1) 

Any person who violates any provision of this chapter or the conditions imposed by the Town Board, the Director or the designee of the Director, upon an approved permit, shall, in addition to administrative sanctions, be guilty of a violation punishable by a fine of not less than $1,000 nor more than $3,000 and for a second and each subsequent offense be guilty of a misdemeanor, punishable by a fine of not less than $3,000 nor more than $10,000 or a term of imprisonment of not less than 15 days nor more than six months, or both.

(2) 

Each offense shall be a separate and distinct offense, and, in the case of a continuing offense, each day's continuance thereof shall be deemed a separate and distinct offense.

B. 

Any person who violates any provision of this chapter or the conditions imposed by the Town Board, the Director or the designee of the Director upon an approved permit may, in lieu of administrative and criminal sanctions, enter into an order of consent with the Director of Environmental Protection. Such order may:

(1) 

Include a payment to the Joseph P. Macchia Environmental Trust Fund in an amount determined by the Director or the designee of the Director but not to exceed $10,000; and/or

(2) 

Restoration of the damaged wetland or waterway.

C. 

Equitable relief. The Town of Brookhaven shall have the right to seek equitable relief to restrain any violation or threatened violation of any of the provisions of this chapter.