(b) Any owner, lessee or operator violating any provisions of this section or any rule promulgated thereunder shall: (i) if the transfer involves and/or the vessel contains less than one million gallons, be liable for a penalty of not more than twenty-five thousand dollars for each offense in a court of competent jurisdiction; or (ii) if the transfer involves and/or the vessel contains one million gallons or more, be liable for a penalty of not more than fifty thousand dollars for each offense in a court of competent jurisdiction. Every violation of this section shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be deemed to be a separate and distinct offense.
(c) All penalties and fines imposed under this section shall be credited to the New York environmental protection and spill compensation fund pursuant to paragraph (a) of subdivision two of section one hundred seventy-nine of this chapter.
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