Notwithstanding any other provision of law or regulation pursuant to
this title and/or any provision of this article as it relates to the
application of aquatic antifouling paints, any person who violates any
provision of this title or any rule, regulation or order issued
thereunder shall be liable to the people of this state for a civil
penalty of up to one thousand dollars for a first violation to be
assessed by the commissioner after a hearing or opportunity to be heard.
In determining the amount of the penalty, the commissioner shall take
into account whether the violation posed an immediate threat to the
environment or the health and safety of the public. Any subsequent
violation of this title and/or any provision of this article as it
relates to the application of aquatic antifouling paints would be
subject to the appropriate sanctions pursuant to sections 71-2907 and
71-2911 of this chapter.