Suffolk County, NY Chapter 433 Dumping and Littering

[HISTORY: Adopted by the Suffolk County Legislature as indicated in article histories. Amendments noted where applicable. Uncodified sections of local laws amending these provisions are included at the end of this chapter.]

GENERAL REFERENCES

Environmental Bill of Rights — See Charter, Art. I; Admin. Code, Art. I.

Drinking Water Protection Program — See Charter, Art. XII.

Conservation easements — See Ch. 25.

Environmental protection — See Ch. 446.

Fertilizer — See Ch. 459.

Hazardous waste — See Ch. 512.

Recycling — See Ch. 692.

Storm sewers — See Ch. 759.

Stormwater management — See Ch. 763.

Water — See Ch. 840.

Surface water protection — See Ch. 1133.

Article I Streets and County Property

[Adopted 11-12-1986 by L.L. No. 3-1987 (Ch. 489, Art. I, of the 1985 Code)]

§ 433-1 Deposit of waste materials prohibited.

[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.

§ 433-2 Penalties for offenses.

[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.

§ 433-3 Applicability.

A. Nothing contained in this article shall be construed as prohibiting the use of any County highway or right-of-way of such highway for the transport or transit of agricultural trucks, machines or implements or dairy or domestic animals or agricultural stock with any accompanying reasonable or unavoidable deposit of such materials.

B. Nothing contained in this article shall be construed as prohibiting any town within the County of Suffolk from enforcing the provisions of anti-litter ordinances on public property if such ordinances were enacted and in effect prior to the effective date of this article.

Article II Dumping in Pine Barrens

[Adopted 11-23-1999 by L.L. No. 40-1999 (Ch. 490 of the 1985 Code)]

§ 433-4 Legislative intent.

A. This Legislature hereby finds and determines that ensuring an adequate supply of pure drinking water is a significant public health issue of critical importance to the future of Suffolk County and the well-being of its citizens.

B. This Legislature further finds that the Suffolk County Pine Barrens overlies the largest source of pure groundwater in New York State.

C. This Legislature further finds that Suffolk County has, by prior legislative action, and with the overwhelming support of its citizens, made a significant investment of public funds in the protection of sensitive watershed areas in the Suffolk County Pine Barrens through acquisition of fee title and transfer of development rights.

D. This Legislature further finds that protection of this investment and the groundwater resource which lies below these watershed areas through the enactment of pertinent laws and regulations is prudent and necessary.

E. This Legislature further finds and determines that the property constituting the Pine Barrens is largely owned and managed by the County, the state, the federal government and the towns and, therefore, the prosecution of laws regarding the use and protection of this land is of paramount importance.

F. This Legislature further finds and determines that current laws regarding dumping on County streets and property do not provide adequate protection for these watershed areas because they do not recognize the Pine Barrens as deserving of special protection or provide specific penalties for dumping offenses in watershed areas.

G. Therefore, the purpose of this article is to add new provisions to the Suffolk County Code which will expressly prohibit dumping within the Pine Barrens and provide for criminal penalties to enhance protection of the Pine Barrens watershed in order to ensure a plentiful future supply of pure drinking water.

§ 433-5 Definitions.

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).

§ 433-6 Prohibited conduct.

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.

§ 433-7 Penalties for offenses.

A. Any person who violates any of the provisions of § 433-6 of this article shall be guilty of an unclassified misdemeanor and be subject to a fine of up to $10,000 for each offense and/or up to one year's imprisonment.

B. Any corporation which violates any of the provisions of § 433-6 of this article shall be guilty of an unclassified misdemeanor and be subject to a fine of up to $10,000 for each offense.

C. Any individual, other than a police officer, peace officer or any other law enforcement officer or public 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. In addition to the foregoing penalties, the offender shall be required to clear, clean and/or remediate the area upon which the offender dumped unlawfully within 10 days after conviction thereof, as required by the Suffolk County Departments of Public Works, Health and/or Parks, Recreation and Conservation and/or the New York State Department of Environmental Conservation. In the event that the offender fails to clear, clean and/or remediate the area within such time, such clearing, cleaning and/or remediating may be done by the aforesaid governmental departments or under their 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, cleared and/or remediated the area or has caused the area to be cleaned, cleared and/or remediated by a private contractor prior to the offender's conviction, the offender shall be responsible for the cost of such clearing, cleaning and/or remediating. Payment by such offender when required by this subsection shall be made within 10 days of demand.

§ 433-8 Applicability.

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.