Bill Text: NY S00491 | 2023-2024 | General Assembly | Introduced

New York Senate Bill 491

Introduced

Bill Title: Prohibits illegal dumping on public property; provides a reward for any evidence which leads to a fine for illegal dumping.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO ENVIRONMENTAL CONSERVATION [S00491 Detail]

Download: New_York-2023-S00491-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                           491

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 4, 2023
                                       ___________

        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:

     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 27-0111 to read as follows:
     3    § 27-0111. Illegal dumping on public property.
     4    1.  For the purpose of this section the term "dump" or "dumping" shall
     5  mean to throw, dump, deposit or place, or cause to  be  thrown,  dumped,
     6  deposited  or  placed any refuse, trash, garbage, rubbish, litter or any
     7  nauseous or offensive matter in an area not  licensed  or  permitted  to
     8  receive  such  refuse,  trash,  garbage,  rubbish, litter or nauseous or
     9  offensive matter.
    10    2. In addition to any penalties imposed under section  16-119  of  the
    11  administrative  code  of  the  city of New York, no person shall dump or
    12  perform an act of dumping upon any sidewalk, street, lot,  park,  public
    13  place,  wharf,  pier,  dock,  bulkhead,  slip, navigable waterway or any
    14  other area publicly owned by the state or a municipality.
    15    3. A violation of subdivision two of this section shall be  punishable
    16  by a fine of five hundred dollars for the first offense and one thousand
    17  dollars  for a second and subsequent offense. If site clean-up is deemed
    18  necessary by the commissioner  as  a  result  of  a  violation  of  this
    19  section,  the  offender shall also be subject to a fine equal to the sum
    20  of any and all expenses incurred in the clean-up or  decontamination  of
    21  such dumping site.
    22    4.  In  addition  to  any reward set forth in subdivision f of section
    23  16-119 of the administrative code of the city of New York, a witness  to
    24  a  violation  set  forth  in  subdivision two of this section may submit
    25  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

     1  to  a  fine for such violation, the commissioner shall offer as a reward
     2  to such witness in an amount that is at the discretion  of  the  commis-
     3  sioner. Evidence of a violation may include but not be limited to:
     4    (a) a video of the dumping; or
     5    (b) a picture of a license plate of a vehicle suspected of dumping.
     6    § 2. This act shall take effect immediately.