What's happening
This bill increases penalties and strengthens enforcement for violations related to solid waste transportation, facilities, and disposal in New York.
Why it matters
Significantly higher fines and penalties. the bill raises the maximum civil and criminal fines for violations, especially for large or repeated illegal disposals, meaning violators could face much steeper financial consequences.
Stronger enforcement tools for repeat offenders. for those who cause major releases (more than ten cubic yards) and have a prior violation in the last five years, the law now requires (not just allows) permit revocation or suspension, making it harder for habitual violators to keep operating.
Expanded scope to include transportation of construction and demolition debris. the amendments clarify that not only disposal facilities, but also the transportation of such debris, is subject to these increased penalties, targeting a broader range of potentially problematic activities.
Greater deterrence and environmental protection. by increasing penalties and making enforcement actions more certain and severe, the bill aims to deter illegal dumping and mismanagement of solid waste, which can harm communities and ecosystems.
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Who cares
Headline styles
Increase Illegal Dumping Penalties
Plain English, a few words. Used as the page title.
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History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6467
2017-2018 Regular Sessions
IN SENATE
May 23, 2017
Introduced by Sen. STAVISKY -- 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 penalties for violations related to solid waste transportation, facilities and disposal
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 1, 2 and 3 of section 71-2703 of the environmental conservation law, subdivisions 1 and 2 as amended by chapter 508 of the laws of 1995, paragraph a of subdivision 1 as amended by section 25, subparagraphs i and ii of paragraph b of subdivision 1 as amended by section 26, paragraph a and subparagraphs i and ii of paragraph b of subdivision 2 as amended by section 27, subparagraphs i and ii of paragraph c of subdivision 2 as amended by section 28 and subdivision 3 as amended by section 29 of part C of chapter 62 of the laws of 2003, are amended to read as follows:
1. Civil and administrative sanctions. a. Any person who violates any of the provisions of, or who fails to perform any duty imposed by title 3 or 7 of article 27 of this chapter or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto, or any final determination or order of the commissioner made pursuant to this title shall be liable for a civil penalty not to exceed seven thousand five hundred dollars for each such violation and an additional penalty of not more than one thousand five hundred dollars for each day during which such violation continues, to be assessed by the commissioner after an opportunity to be heard pursuant to the provisions of section 71-1709 of this article, or by the court in any action or proceeding pursuant to section 71-2727 of this title, and, in addition thereto, such person may by similar process be enjoined from continuing such violation and any permit or certificate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11696-01-7
S. 6467 2
issued to such person may be revoked or suspended or a pending renewal application denied.
b. i. Any person who violates any of the provisions of, or who fails to perform any duty imposed by, title 3 or 7 of article 27 of this chapter, or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto and thereby causes the release of solid waste into the environment, shall be liable for a civil penalty not to exceed eleven thousand two hundred fifty dollars for each such violation and an additional penalty of not more than eleven thousand two hundred fifty dollars for each day during which such violation continues, to be assessed by the commissioner after an opportunity to be heard pursuant to the provisions of section 71-1709 of this article, or by the court in any action or proceeding pursuant to section 71-2727 of this title, and, in addition thereto, such person may by similar process be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended or a pending renewal application denied.
ii. Any person who violates any of the provisions of, or who fails to perform any duty imposed by, title 3 or 7 of article 27 of this chapter, or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto and thereby causes the release of more than ten cubic yards of solid waste into the environment, shall be liable for a civil penalty not to exceed twenty-two thousand five hundred dollars for each such violation and an additional penalty of not more than twenty-two thousand five hundred dollars for each day during which such violation continues, to be assessed by the commissioner after an opportunity to be heard pursuant to the provisions of section 71-1709 of this article, or by the court in any action or proceeding pursuant to section 71-2727 of this title, and, in addition thereto, such person may by similar process be enjoined from continuing such violation and any permit or certificate issued to such person may be revoked or suspended or a pending renewal application denied.
iii. Any person who violates any of the provisions of, or who fails to perform any duty imposed by, title 3 or 7 of article 27 of this chapter, or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto and thereby causes the release of more than ten cubic yards of solid waste into the environment, after a violation of this subdivision within the preceding five years, may be enjoined from continuing such violation and any permit or certificate issued to such person shall be revoked or suspended or a pending renewal application denied.
c. The court in any action or proceeding pursuant to section 71-2727 of this [chapter] title may exercise all powers exercisable by the commissioner.
2. Criminal sanctions. a. Any person who, having any of the culpable mental states defined in section 15.05 of the penal law, shall violate any of the provisions of or who fails to perform any duty imposed by title 3 or 7 of article 27 of this chapter, or any rules and regulations promulgated pursuant thereto, or any final determination or order of the commissioner made pursuant to this title shall be guilty of a violation and, upon conviction thereof, shall be punished by a fine of not less than one thousand five hundred dollars nor more than [fifteen] thirty thousand dollars per day of violation or by imprisonment for not more than fifteen days or by both such fine and imprisonment.
S. 6467 3
b. i. Any person who shall violate paragraph a of this subdivision and thereby causes or attempts to cause the release of more than ten cubic yards of solid waste into the environment shall be guilty of a class B misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than three thousand seven hundred fifty dollars per day nor more than [twenty-two thousand five hundred] forty-five thousand dollars per day of violation, or by imprisonment for a term in accordance with the penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and thereby causes or attempts to cause the release of more than ten cubic yards of solid waste into the environment, after having been convicted of a violation of this subdivision within the preceding five years, shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than [three thousand seven hundred fifty] seventy-five thousand dollars per day nor more than thirty-seven thousand five hundred dollars per day of violation, or by imprisonment for a term in accordance with the penal law, or by both such fine and imprisonment.
c. i. Any person who shall violate paragraph a of this subdivision and thereby causes or attempts to cause the release of more than seventy cubic yards of solid waste into the environment shall be guilty of a class A misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than [three thousand seven hundred fifty] seventy-five thousand dollars per day nor more than thirty-seven thousand five hundred dollars per day of violation, or by imprisonment for a term in accordance with the penal law, or by both such fine and imprisonment.
ii. Any person who shall violate paragraph a of this subdivision and thereby causes or attempts to cause the release of more than seventy cubic yards of solid waste into the environment, after having been convicted of a violation of this subdivision within the preceding five years, shall be guilty of a class E felony and, upon conviction thereof, shall be punished by a fine of not less than seven thousand five hundred dollars per day nor more than [seventy-five] one hundred fifty thousand dollars per day of violation, or by imprisonment for a term in accordance with the penal law, or by both such fine and imprisonment.
3. Additional sanctions. Any person who violates any of the provisions of, or who fails to perform any duty imposed by title 3 or 7 of article 27 of this chapter, with regard to the transportation of construction and demolition debris or the construction and operation of facilities for the disposal of construction and demolition debris or any rule or regulation promulgated pursuant thereto, or any term or condition of any certificate or permit issued pursuant thereto or any final determination or order of the commissioner made pursuant to this title shall be liable for a civil penalty not to exceed fifteen thousand dollars and each day of such deposition shall constitute a separate violation and said civil penalty is in addition to any other fines or penalties which may be applied pursuant to this title.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, in relation to penalties for violations related to solid waste transportation, facilities and disposal
Purpose
This bill would amend the penalties for violations of title 3 or 7 of article 27 of Environmental Conservation Law related to solid waste transportation, facilities and disposal.
Summary of provisions
Section one specifies that any person who violates provisions of title 3 or 7 of article 27 of Environmental Conservation Law and thereby causes the release more than ten cubic yards of solid waste may be enjoined from continuing such violations shall have any permit or certificate revoked, suspended, or denied.
It also increases the criminal penalties for violations of provisions within title 3 or 7.
And, it extends the civil penalties for violations of provisions in title 3 or 7 with regard to the construction and operation of facilities for construction and demolition debris to those provisions with regard to the transportation of construction and demolition debris.
Section two establishes the effective date.
Justification
Recent actions by the Department of Environmental Conservation in collaboration with local and state police have resulted in the discovery of nine illegal waste and debris sites in the Hudson Valley as well numerous violations related to the illegal transport of waste and debris on Long Island.
The illegal transport and disposal of waste impacts communities across New York State that may be exposed to dangerous material unknowingly, lose access to valuable parkland and private property, and are burdened with the costs of remediation.
Such violations often involve construction and demolition debris or waste as it makes up a significant portion of the solid waste stream in New York State. This waste includes materials like: concrete, wood, glass, plastic, plumbing and electrical components - most of which is recyclable.
Because current penalties are inadequate, many of these violations are repeat offenses. Illegal waste sites will continue to be discovered in New York communities if violators can make the calculated decision that the potential penalties don't outweigh the savings of illegally disposing or transporting waste.
This bill would increase the penalties for the illegal transportation or disposal of solid waste. It would also extend the civil penalties for violations related to facilities for construction and demolition debris to to the transportation of such debris. And, it would ensure that violators who release of a significant amount of waste into the environment within five years of another violation, are not given further permits, have current permits suspended and applications for new permits denied. FISCAL IMPLICATIONS :
Potential minimal increase to state revenues.
Effective date
This act shall take effect on the ninetieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.