§ 131-a. Penalties for violations. 1. Any railroad company that operates as a common carrier that violates any provision of article five of this chapter and regulations promulgated pursuant thereto shall, upon direction by the commissioner, be liable for a penalty payable to the people of the state of New York in the amount not to exceed five thousand dollars.

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2. Any railroad company that operates as a common carrier of property that violates any provision of article five of this chapter and regulations promulgated pursuant thereto with respect to one or more freight cars required to be placarded by federal hazardous materials regulations shall, upon direction by the commissioner, be liable for a penalty payable to the people of the state of New York in an amount not to exceed fifteen thousand dollars.

3. Each violation shall be a separate and distinct offense, and, in case of a continuing violation, every day's continuance thereof shall be a separate and distinct offense.

4. Before imposing a penalty set forth in this section, the commissioner shall afford the railroad company notice and an opportunity to be heard. In assessing the penalty, the commissioner may consider the following:

a. the railroad company's history of violating the law or the regulations of the commissioner;

b. if the violation arises out of an accident, whether death or serious injury occurred as a result of the accident, whether the accident resulted in an evacuation of the general public for one hour or more, and whether the accident resulted in the closure of a major transportation artery or facility for one hour or more; and

c. any other factors the commissioner deems relevant.

5. If such penalty is not paid within four months, the amount thereof may be entered as a judgment in the office of the clerk of the county of Albany and in any other county in which the railroad company has a place of business or through which it operates.