1. Any person who violates any provision of or fails to perform any duty imposed by section 37-0115 of this chapter shall upon the first finding of such a violation be liable for a civil penalty not to exceed five hundred dollars for each violation. Any person convicted of a second or subsequent violation shall be liable for a civil penalty not to exceed twenty-five hundred dollars for each violation.

2. All civil penalties and fines collected for any violation of section 37-0115 of this chapter shall be paid over to the commissioner for deposit in the environmental protection fund established by section ninety-two-s of the state finance law.