§ 16-119 Dumping prohibited.
AC § 16-119
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 amount of 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 sidewalk, street, lot, park, public place, wharf, pier, dock, bulkhead, slip, navigable waterway or other area whether publicly or privately owned. b. Any person who violates the provisions of this section while engaged in commercial activities shall be liable to arrest and upon conviction thereof shall be deemed guilty of a misdemeanor and shall be punished by a fine of $4,000 for the first offense and $9,000 for any subsequent offense or by imprisonment not to exceed 90 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 $4,000 for the first offense, $9,000 for the second offense within any eighteen-month period and $18,000 for each subsequent offense within any eighteen-month period. In addition, every owner of a dump truck or other vehicle shall be liable for a civil penalty of $4,000 for the first offense, $9,000 for the second offense within any eighteen-month period and $18,000 for each subsequent offense within any eighteen-month period of unlawful dumping described in subdivision a of this section by any person using or operating the dump truck or other vehicle, in the business of such owner or otherwise, with the permission, express or implied, of such owner. It shall not be a defense for any owner of a dump truck or other vehicle that the person using or operating the dump truck or other vehicle in violation of this section is a member of the owner's immediate family, including, but not limited to, spouse, domestic partner, sibling, child, grandchild, parent or grandparent.
(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.
(4)The provisions of this section may also be enforced by the commissioner of small business services and the commissioner of environmental protection with respect to wharfs, piers, docks, bulkheads and slips located on waterfront property, and navigable waterways.
(5)If the department, the department of small business services or the department of environmental protection has established that material transported in a dump truck or other vehicle has been dumped, deposited or otherwise disposed of in violation of subdivision a of this section, there shall be a rebuttable presumption that the person whose name, or other identifying information, appears on any such material has violated such subdivision if the department, the department of small business services or the department of environmental protection establishes that such person owns or has control of (i) such dump truck or other vehicle or (ii) any dump truck. 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.
