2006 New York Code - Dumping Prohibited.

 
    §  16-119  Dumping prohibited. a. It shall be unlawful for any person,
  his or her agent, employee or any person under his  or  her  control  to
  suffer  or  permit  any  dirt,  sand,  gravel, clay, loam, stone, rocks,
  rubble, building rubbish, sawdust, shavings or trade or household waste,
  refuse, ashes, manure, garbage, rubbish or debris of  any  sort  or  any
  other  organic  or inorganic material or thing or other offensive matter
  being transported in a  dump  truck  or  other  vehicle  to  be  dumped,
  deposited  or  otherwise  disposed  of in or upon any street, lot, park,
  public place or other area whether publicly or privately owned.
    b. Any person who violates the provisions of  this  section  shall  be
  liable to arrest and upon conviction thereof shall be deemed guilty of a
  misdemeanor  and  shall  be  punished  by  a  fine  of not less than one
  thousand five hundred dollars nor more than ten thousand dollars  or  by
  imprisonment  not  to  exceed  ninety  days  or  by  both  such fine and
  imprisonment.
    c. (1) Any person who violates the provisions of subdivision a of this
  section shall also be liable for a civil penalty of not  less  than  one
  thousand five hundred dollars nor more than ten thousand dollars for the
  first  offense,  and  not  less than five thousand dollars nor more than
  twenty thousand dollars for each subsequent offense. In addition,  every
  owner  of  a  dump  truck  or  other vehicle shall be liable for a civil
  penalty of not less than one thousand five hundred dollars nor more than
  ten thousand dollars for the  first  offense  and  not  less  than  five
  thousand  dollars  nor  more  than  twenty  thousand  dollars  for  each
  subsequent offense of unlawful dumping described  in  subdivision  a  of
  this  section by any person using or operating the same, in the business
  of such owner or otherwise, with the permission, express or implied,  of
  such owner.
    (2) Any owner, owner-operator or operator who is found in violation of
  this  section in a proceeding before the environmental control board and
  who shall fail to pay the civil penalty imposed  by  such  environmental
  control  board shall be subject to the suspension of his or her driver's
  license, privilege to operate or vehicle registration or renewal thereof
  imposed pursuant to section twelve hundred twenty-a of the  vehicle  and
  traffic  law,  in  addition  to  any  other civil and criminal fines and
  penalties set forth in this section.
    (3) As used in this subdivision, the terms  "owner",  "owner-operator"
  and  "operator"  shall  have the meaning set forth in subdivision one of
  section twelve hundred twenty-a of the vehicle and traffic law.
    d. In the instance where the notice of violation, appearance ticket or
  summons is issued for a breach of the provisions  of  subdivision  a  of
  this  section  and sets forth thereon civil penalties only, such process
  shall be returnable to the  environmental  control  board,  which  board
  shall  have the power to impose the civil penalties hereinabove provided
  in  subdivision   c   of   this   section,   provided   further,   that,
  notwithstanding  any  other  provision of law, the environmental control
  board shall have such powers and duties as are set forth  under  section
  twelve hundred twenty-a of the vehicle and traffic law.
    e.  (1) Any dump truck or other vehicle that has been used or is being
  used to violate the provisions of this section shall be impounded by the
  department and shall not be released until either  all  removal  charges
  and  storage  fees  and the applicable fine have been paid or a bond has
  been posted  in  an  amount  satisfactory  to  the  commissioner  or  as
  otherwise   provided   in   paragraph   (2)  of  this  subdivision.  The
  commissioner shall have the power to  establish  regulations  concerning
  the  impoundment  and  release  of  vehicles  and the payment of removal
  charges and storage fees for such vehicles, including  the  amounts  and
  rates thereof.


    (2)  In  addition to any other penalties provided in this section, the
  interest of an owner as defined in subdivision c of this section in  any
  vehicle impounded pursuant to paragraph (1) of this subdivision shall be
  subject  to forfeiture upon notice and judicial determination thereof if
  such  owner (i) has been convicted of or found liable for a violation of
  this section in a civil or criminal proceeding or in a proceeding before
  the environmental control board  three  or  more  times,  all  of  which
  violations  were  committed  within an eighteen month period or (ii) has
  been convicted of or found liable for a violation of this section  in  a
  civil or criminal proceeding or in a proceeding before the environmental
  control board if the material unlawfully dumped is a material identified
  as  a  hazardous  waste  or  an  acute  hazardous  waste  in regulations
  promulgated  pursuant  to   section   27-0903   of   the   environmental
  conservation law.
    (3)  Except as hereinafter provided, the city agency having custody of
  a vehicle, after judicial determination of forfeiture, shall  no  sooner
  than thirty days after such determination upon a notice of at least five
  days, sell such forfeited vehicle at public sale. Any person, other than
  an  owner  whose  interest  is  forfeited  pursuant to this section, who
  establishes a  right  of  ownership  in  a  vehicle,  including  a  part
  ownership  or  security  interest,  shall be entitled to delivery of the
  vehicle if such person:
    (i) redeems the ownership interest which was subject to forfeiture  by
  payment to the city of the value thereof; and
    (ii)  pays  the  reasonable expenses of the safekeeping of the vehicle
  between the time of seizure and such redemption; and
    (iii) asserts a claim within thirty days after judicial  determination
  of forfeiture.
    Notwithstanding  the  foregoing  provisions  establishment  of a claim
  shall not entitle such person to delivery of the  vehicle  if  the  city
  establishes  that  the unlawful dumping for which the vehicle was seized
  was expressly or impliedly permitted by such person.
    f. Rewards. (1) Where a notice  of  violation,  appearance  ticket  or
  summons is issued for a violation of subdivision a of this section based
  upon  a  sworn  statement  by  one  or  more  individuals  and where the
  commissioner determines, in the exercise of his or her discretion,  that
  such sworn statement, either alone or in conjunction with testimony at a
  civil or criminal proceeding or in a proceeding before the environmental
  control board, results in the conviction of or the imposition of a civil
  penalty  upon  any  person  for  a  violation  of  subdivision a of this
  section, the commissioner shall offer as a reward to such individual  or
  individuals an amount that, in the aggregate, is equal to:
    (i) fifty percent of any fine or civil penalty collected; or
    (ii)  five  hundred dollars when a conviction is obtained, but no fine
  or civil penalty is imposed.
    (2) Where a notice of  violation,  appearance  ticket  or  summons  is
  issued  for  a  violation  of  subdivision  a of this section based upon
  information furnished by an individual  or  individuals  and  where  the
  commissioner  determines, in the exercise of his or her discretion, that
  such information, in conjunction with enforcement activity conducted  by
  the department or another governmental entity, results in the conviction
  of  or the imposition of a civil penalty upon any person for a violation
  of subdivision a of this section, the  commissioner  shall  offer  as  a
  reward  to  such  individual  or  individuals  an  amount  that,  in the
  aggregate, is:
    (i) up to fifty percent of any fine or civil penalty collected; or
    (ii) up to five hundred dollars when a conviction is obtained, but  no
  fine or civil penalty is imposed.


    In  determining  the  amount  of  the  reward,  the commissioner shall
  consider factors that include, but are not limited to: (a) the  quantity
  and type of the material dumped, deposited or otherwise disposed of; (b)
  the  specificity of the information provided, including, but not limited
  to,  the license plate number, make or model or other description of the
  dump truck or other vehicle alleged to have been used and the  location,
  date  or  time  of  the  alleged  violation; (c) whether the information
  provided by  the  individual  or  individuals  identified  one  or  more
  violations  of  subdivision  a  of  this  section;  and  (d) whether the
  department has knowledge  that  violations  of  subdivision  a  of  this
  section have previously occurred at that location.
    (3)   No   peace  officer,  employee  of  the  department  or  of  the
  environmental control board, or  employee  of  any  governmental  entity
  that,  in conjunction with the department, conducts enforcement activity
  relating to a violation of  subdivision  a  of  this  section  shall  be
  entitled  to obtain the benefit of any such reward or obtain the benefit
  of such reward when acting in the  discharge  of  his  or  her  official
  duties.
    g.  In  addition  to  the  foregoing  penalties  the offender shall be
  required to clear and clean the area  upon  which  the  offender  dumped
  unlawfully  within  ten  days after conviction thereof. In the event the
  offender fails to clear  and  clean  the  area  within  such  time  such
  clearing  and  cleaning  may  be  done  by  the  department or under the
  direction of the department by a private contractor and the cost of same
  shall be billed to the offender. In the event that  the  department  has
  cleaned  or  cleared  the  area, or has caused the area to be cleaned or
  cleared by a private contractor prior to the offender's conviction,  the
  offender  shall  be  responsible  for  the  cost of such clearing and or
  cleaning. Payment by such offender when  required  by  this  subdivision
  shall be made within ten days of demand by the department.
    h.  The  commissioner  shall  post  a  sign  in  any  area  where  the
  commissioner deems appropriate because of instances of illegal  dumping.
  Such  sign  shall state the penalties for illegal dumping and the reward
  provisions therein.