[Adopted 11-12-1986 by L.L. No. 3-1987 (Ch. 489, Art. I, of
the 1985 Code)]
[Amended 5-15-1995 by L.L. No. 18-1995; 3-28-2017 by L.L. No. 9-2017]
A. No person shall throw, dump, deposit, place or cause to be thrown,
dumped, deposited or placed upon any County highway or within the
limits of the right-of-way of such highway or upon any parcel of real
estate owned by the County of Suffolk, in whatever capacity and for
whatever purpose, any dirt, sand, gravel, clay, loam, stone, building
rubbish, sawdust, shavings, light materials of any sort, manufacturing,
trade or household waste, refuse, rubbish of any sort or ashes, manure,
garbage or other materials described as solid waste in 6 NYCRR 360,
construction or demolition debris, as defined in 6 NYCRR 360-1.2,
hazardous materials, as defined in New York State Environmental Conservation
Law § 37-0103, hazardous waste, as defined in New York State
Environmental Conservation Law § 27-0903, or as offensive
materials in the Suffolk County Sanitary Code, Article 5, § 760-501A,
without the written consent of the County of Suffolk.
B. No person who is the owner of or in charge of or in control of any
vehicle or of any receptacle shall throw, dump, deposit, place or
cause to be thrown, dumped, deposited or placed any dirt, sand, gravel,
clay, loam, stone or building rubbish, sawdust, shavings or other
light materials of any sort or manufacturing, trade or household waste,
refuse, rubbish of any sort or ashes, manure, garbage or other organic
refuse or other materials described as solid waste in 6 NYCRR 360,
construction or demolition debris, as defined in 6 NYCRR 360-1.2,
hazardous materials, as defined in New York State Environmental Conservation
Law § 37-0103, hazardous waste, as defined in New York State
Environmental Conservation Law § 27-0903, or as offensive
materials in the Suffolk County Sanitary Code, Article 5, § 760-501A,
in or upon any County highway or within the limits of the right-of-way
of such highway or upon any parcel of real estate owned by the County
of Suffolk, in whatever capacity and for whatever purpose, without
the written consent of the County of Suffolk.
C. 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 materials described as solid waste in 6
NYCRR 360, construction or demolition debris, as defined in 6 NYCRR
360-1.2, hazardous materials, as defined in New York State Environmental
Conservation Law § 37-0103, hazardous waste, as defined
in New York State Environmental Conservation Law § 27-0903,
or as offensive materials in the Suffolk County Sanitary Code, Article
5, § 760-501A, being transported in any vehicle to be dumped,
deposited or otherwise disposed of in or upon any County highway or
within the limits of the right-of-way of such highway or upon any
parcel of real estate owned by the County of Suffolk, in whatever
capacity and for whatever purpose, without the written consent of
the County of Suffolk.
[Amended 8-14-1990 by L.L. No. 29-1990; 5-15-1995 by L.L. No.
18-1995; 3-28-2017 by L.L. No. 9-2017]
A. A violation of the provision of §
433-1 of this article for materials other than construction or demolition debris, hazardous materials or hazardous waste shall be punishable as a Class A misdemeanor, subject to a fine not to exceed $1,000 when a violation is committed by an individual and $15,000 when a violation is committed by a corporation, and/or up to one year's imprisonment.
B. A violation of the provision of §
433-1 of this article for construction or demolition debris, hazardous materials or hazardous waste shall be punishable as an unclassified misdemeanor, subject to a fine not to exceed $10,000 when the violation is committed by an individual and $15,000 when a violation is committed by a corporation and/or up to one year's imprisonment for each offense.
C. Any individual, other than a police officer, peace officer or any
other law enforcement officer or official, who provides information
to appropriate law enforcement authorities which shall lead to the
detection, arrest and conviction of a person or persons guilty of
violating this article shall receive a payment of 25% of the actual
fine collected from such convicted individual pursuant to the provisions
of this article, said payment to be made after receipt of such fine
by the County.
D. Any person violating the provisions of §
433-1A of this article shall also be liable and responsible for a civil penalty of not less than $600 nor more than $5,000 for the first offense and not less than $1,000 nor more than $5,000 for each subsequent offense. In addition, every owner of any vehicle shall be liable for a civil penalty of not less than $600 nor more than $5,000 for the first offense and not less than $1,000 nor more than $7,500 for each subsequent offense of unlawful dumping described in §
433-1 of this article by any person using or operating the same with the permission, express or implied, of such owner. As used in this section, the term "owner" shall mean an owner as defined in §§ 128 and 388, Subdivision 3, of the New York Vehicle and Traffic Law.
E. Impoundment of vehicles.
(1) Any vehicle which has been determined to have been used or is being
used for a commercial or business purpose by an owner or his or her
employee, agent or person under his or her control to violate the
provisions of this article shall be impounded by the pertinent Police
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 pertinent Police
Department or as otherwise provided in Subsection D(2) of this section.
The pertinent Police Department shall have the power to establish
regulations concerning the impounding and release of vehicle and the
payment of removal charges and storage fees for such vehicle, including
the amounts and rates thereof.
(2) In addition to any other penalties provided in this section, the interest of any owner as defined in Subsection
C of this section in any vehicle impounded pursuant to Subsection D(1) of this section shall be subject to forfeiture upon notice and judicial determination thereof if such owner:
(a)
Has been convicted of or found liable for a violation of this
article in a civil or criminal proceeding three or more times, all
of which violations were committed within an eighteen-month period;
or
(b)
Has been convicted of or found liable for a violation of this
article in a civil or criminal proceeding and the material unlawfully
dumped contains toxic or hazardous materials as defined in the Suffolk
County Sanitary Code, Article 12, § 760-1203.
(3) Except as hereinafter provided, the agency having custody of a vehicle,
after judicial determination of forfeiture, shall, no sooner than
30 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 subsection,
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:
(a)
Redeems the ownership interest which was subject to forfeiture
by payment of the value thereof.
(b)
Pays the reasonable expenses of the safekeeping of the vehicle
between the time of seizure and such redemption.
(c)
Asserts a claim within 30 days after judicial determination
of forfeiture.
(4) Notwithstanding the foregoing provisions, establishment of a claim
shall not entitle such person to delivery of the vehicle if the pertinent
agency establishes that the unlawful dumping for which the vehicle
was seized was expressly or implicitly permitted by such person.
F. In addition to the foregoing penalties, the offender shall be required
to clear and clean the area upon which the offender dumped unlawfully
within 10 days after conviction thereof. In the event that the offender
fails to clear and clean the area within such time, such clearing
and cleaning may be done by the County Department of Public Works
or under its direction by a private contractor, and the cost of the
same shall be billed to the offender. In the event that the County
Department of Public Works 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 subsection, shall be made within 10 days of
demand by the Department of Public Works.
[Adopted 11-23-1999 by L.L. No. 40-1999 (Ch. 490 of the 1985
Code)]
As used in this article, the following terms shall have the
meanings indicated:
DUMP
Any spilling, leaking, pumping, pouring, emitting, emptying,
abandoning, discharging, injecting, escaping, leaching, releasing
or disposing. In addition, the term "dump" shall include the abandonment
or discarding of barrels, containers and other closed receptacles
of any materials listed, described or identified in this article.
HAZARDOUS SUBSTANCES
Those substances identified or listed in regulations promulgated
pursuant to § 37-0103 of the New York State Environmental
Conservation Law and all amendments thereto.
HAZARDOUS WASTES
Those wastes identified or listed in regulations promulgated
pursuant to § 27-0903 of the New York State Environmental
Conservation Law and all amendments thereto.
INDUSTRIAL WASTE
Any liquid, gaseous, solid or waste substance or a combination
thereof resulting from any process of industry, manufacturing, trade
or business or from the development or recovery of any natural resources
which may cause or might reasonably be expected to cause pollution
of the waters of the state.
OFFENSIVE MATERIALS
Those materials identified or listed in Article 5, § 760-501A,
of the Suffolk County Sanitary Code.
PINE BARRENS
Those lands described in Article 57 of the New York State
Environmental Conservation Law, as may be amended from time to time,
as the Long Island Pine Barrens Preserve, Central Pine Barrens Area,
Core Preservation Area or Compatible Growth Area.
SEWAGE
The water-carried human or animal wastes from residences,
buildings, industrial establishments or other places, together with
such groundwater infiltration and surface water as may be present.
The admixture with sewage, as above defined, of industrial waste or
other wastes as hereafter defined shall also be considered sewage.
SOLID WASTE
Those wastes identified or listed in 6 NYCRR 360.
TOXIC CHEMICAL
A substance on the list described in 42 U.S.C. § 11023(c).
No person shall knowingly dump any dirt, sand, gravel, clay,
loam, stone, building rubbish, sawdust, shavings, other light materials
or manufacturing, trade or household waste, commercial waste, manufactured
items or materials, refuse, rubbish, ashes of any sort, manure, garbage,
other organic material, hazardous wastes, hazardous substances, industrial
waste, sewage, toxic chemicals, solid wastes, offensive materials
or conveyances (including but not limited to aircraft, vehicles, vessels
or the parts thereof) in the Suffolk County Pine Barrens.
The prohibitions set forth in §
433-6 shall not apply under the following circumstances:
A. When the
person engaging in the conduct is doing so pursuant to a license or
permit issued by the federal government, the State of New York, or
a political subdivision thereof, and the conduct is in compliance
with that license or permit.
B. When the
conduct engaged in is done for the purpose of landscaping or improving
real property, with the permission of the owner, and the conduct is
in compliance with all necessary licenses, permits and County and
local laws.