S T A T E O F N E W Y O R K
________________________________________________________________________
491
2023-2024 Regular Sessions
I N S E N A T E
January 4, 2023
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Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
prohibiting illegal dumping on public property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The environmental conservation law is amended by adding a
new section 27-0111 to read as follows:
§ 27-0111. ILLEGAL DUMPING ON PUBLIC PROPERTY.
1. FOR THE PURPOSE OF THIS SECTION THE TERM "DUMP" OR "DUMPING" SHALL
MEAN TO THROW, DUMP, DEPOSIT OR PLACE, OR CAUSE TO BE THROWN, DUMPED,
DEPOSITED OR PLACED ANY REFUSE, TRASH, GARBAGE, RUBBISH, LITTER OR ANY
NAUSEOUS OR OFFENSIVE MATTER IN AN AREA NOT LICENSED OR PERMITTED TO
RECEIVE SUCH REFUSE, TRASH, GARBAGE, RUBBISH, LITTER OR NAUSEOUS OR
OFFENSIVE MATTER.
2. IN ADDITION TO ANY PENALTIES IMPOSED UNDER SECTION 16-119 OF THE
ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, NO PERSON SHALL DUMP OR
PERFORM AN ACT OF DUMPING UPON ANY SIDEWALK, STREET, LOT, PARK, PUBLIC
PLACE, WHARF, PIER, DOCK, BULKHEAD, SLIP, NAVIGABLE WATERWAY OR ANY
OTHER AREA PUBLICLY OWNED BY THE STATE OR A MUNICIPALITY.
3. A VIOLATION OF SUBDIVISION TWO OF THIS SECTION SHALL BE PUNISHABLE
BY A FINE OF FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND ONE THOUSAND
DOLLARS FOR A SECOND AND SUBSEQUENT OFFENSE. IF SITE CLEAN-UP IS DEEMED
NECESSARY BY THE COMMISSIONER AS A RESULT OF A VIOLATION OF THIS
SECTION, THE OFFENDER SHALL ALSO BE SUBJECT TO A FINE EQUAL TO THE SUM
OF ANY AND ALL EXPENSES INCURRED IN THE CLEAN-UP OR DECONTAMINATION OF
SUCH DUMPING SITE.
4. IN ADDITION TO ANY REWARD SET FORTH IN SUBDIVISION F OF SECTION
16-119 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK, A WITNESS TO
A VIOLATION SET FORTH IN SUBDIVISION TWO OF THIS SECTION MAY SUBMIT
EVIDENCE OF SUCH VIOLATION TO THE COMMISSIONER. IF SUCH EVIDENCE LEADS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02769-01-3
S. 491 2
TO A FINE FOR SUCH VIOLATION, THE COMMISSIONER SHALL OFFER AS A REWARD
TO SUCH WITNESS IN AN AMOUNT THAT IS AT THE DISCRETION OF THE COMMIS-
SIONER. EVIDENCE OF A VIOLATION MAY INCLUDE BUT NOT BE LIMITED TO:
(A) A VIDEO OF THE DUMPING; OR
(B) A PICTURE OF A LICENSE PLATE OF A VEHICLE SUSPECTED OF DUMPING.
§ 2. This act shall take effect immediately.