In the past, those caught throwing materials were often charged with a minor offense, such as criminal mischief, and fined relatively little, lawmakers said. A Newsday investigation found that some of the same companies and individuals played a role in the Roberto Clemente Park scandal and Operation Pay Dirt. He also described how a construction boom in New York led to widespread dumping in Nassau and Suffolk counties. The report noted that there were no laws specifically targeting the illegal receipt, disposal or possession of construction and demolition materials, hazardous substances and extremely hazardous substances (as defined by the state`s environmental law). “Illicit dumping is a significant problem and too often its costs are unfairly passed on to the community,” Cuomo said in a statement. “This legislation not only strengthens criminal penalties to ensure that penalties do not simply become additional costs of doing business, but (also) further discourages large-scale illegal landfills by blaming developers and waste transport companies for creating the problem.” “Too long, Long Island. was a landfill for hazardous waste from the New York construction industry. This law will finally give prosecutors the tools they need to prosecute these very serious crimes,” Kaminsky said Tuesday. The legislation was triggered by the discovery of more than 40,000 tons of contaminated material in Brentwood`s Roberto Clemente Park, the indictment of nearly 40 people, and a special grand jury report that concluded existing state laws were insufficient to combat the illegal dumping of hazardous substances. Four years later, Suffolk County District Attorney Tim Sini convened a special grand jury to investigate the illegal dumping. “We will not tolerate our communities and parks being treated like dumps, and this crucial legislation gives prosecutors the tools we need to hold these polluters accountable,” the prosecutor said. For example, 13 construction sites – all but one in the city – produced the 40,000 tons of contaminated material from Roberto Clemente Park.
Some of the materials contained lead, pesticides, asbestos, diesel fuel and other hazardous substances in quantities exceeding state limits, officials said at the time. Newsday`s investigation also showed that disposal costs for the legal disposal of construction and demolition debris were more than double those paid by carriers to bring the materials to Roberto Clemente Park — pointing out that profit was a factor for the landfill. The patron of the General Assembly, Assemb. Steve Englebright (D-Setauket) said that too often, toxic waste from illegal landfills “ends up in our water supply.” According to the bill, “fraud plot” for the illegal disposal of “solid waste” would be a crime that would carry up to 4 years in prison. Sini said Tuesday that state lawmakers had taken “immediate action” on the grand jury`s recommendations. The grand jury`s findings come from Operation Pay Dirt, a lengthy investigation by the Sini office and the State Department of Environmental Conservation into illegal dumps on Long Island. This led to charges against 30 individuals and nine companies for dumping contaminated waste at 24 sites on the island. Sini previously said everyone pleaded guilty. While there are no points associated with this violation of the Highway Traffic Act, there are fines for a driver who is convicted of this law. An initial violation may result in a fine of up to $350 and/or 10 hours of public works. A second offence can result in a fine of up to $700 and/or 15 hours of public works.
Other provisions explicitly make it illegal to dump construction waste, hazardous substances and “extremely hazardous” materials, with penalties varying depending on the amount detected. Gov. Andrew M. Cuomo signed a bill Tuesday calling it a crime to illegally dump construction rubble or participate in a landfill system, a move sparked by a disposal scandal that shut down a Brentwood park for more than three years. The second exception of the Waste Act applies to vehicles used for agriculture or domestic animals. VTL § 1220 incorporated into an authorization of unavoidable filing of words reasonably and inevitably used in connection with this law. 3. Violation of the provisions of the first paragraph of this article is punishable by a fine of not more than two hundred and fifty dollars and/or the obligation to provide services to a public or non-profit corporation, association, institution or agency of not more than eight hours, and for each second or subsequent offense, a fine of not more than five hundred dollars and/or the obligation to provide the services provided to a public or non-profit organization.
non-profit. The company, association, institution or agency may not exceed eight hours. 4. Nothing in this section shall be deemed to apply to a railway company or its employees if the objects deposited by them on railway tracks or rights-of-way are carried out in accordance with railway rules, regulations or procedures. In 2014, authorities discovered 40,000 tons of contaminated material dumped in Roberto Clemente Park. A criminal investigation led to the conviction of five men, including two former employees of the city`s parks. This Traffic Code describes garbage that may and may not be disposed of on roads and properties located near a highway. An elegant way of saying: “littering”. The law does not allow a person to leave, place or throw garbage, including garbage, nausea or offenses, on roads and land adjacent to a highway.
1. No person shall throw, dump or cause to be thrown on the railway tracks or within the right-of-way railway waste, garbage, garbage, garbage or other foul-smelling or offensive substances. The legislation was triggered by a scandal in Brentwood and other investigations that followed. Section 1220 of the Vehicles and Traffic Act of the State of York deals with the issue of waste disposal, the consequences of a contravention for that offence, and the situations in which that Act is not applicable. The old law “didn`t do much to deter bad actors,” said Sen. Todd Kaminsky (D-Long Beach), the sponsor of the Senate legislation. Please don`t be a trash virus. If, despite your best efforts, you are fined for this or another New York City traffic violation, call Transportation Ticket Attorney Elisa Claro, Esq. He has dealt with thousands of traffic violations.
His specialty and passion is traffic law. Elisa`s experience as a traffic lawyer allows her to become personally acquainted with many police officers, assistant prosecutors and city, village and village prosecutors. When making the right decision to hire our law firm for speeding tickets, think about all the money you save through increased auto insurance premiums, fines, fees and points that become a permanent part of your driving record. Contact The Claro Law Firm today by calling 917-300-3334 or online. Claro Law Firm handles tickets throughout New York State, including Dutchess, Orange and Rockland counties. and Westchester County, including Elmsford, Tuckahoe, and Bronxville. We look forward to talking to you. There are two situations to which the Waste Act does not apply. First, the law does not apply to dangerous road conditions caused by snow, ice or sleet. Under these conditions, the law allows ash, sand, salt or other materials to be placed on the road to minimize dangerous winter road conditions. For example, Toby finally ordered a much-needed new sofa for his living room.
But he decides the drive to the local dump is too long, so he finds the ideal gloss to throw his old torn and stained sofa on a stretch of highway that is remote and close to home. Toby is guilty of violating the garbage law. 2. Where a highway or road is wholly or partly within a railway right-of-way, nothing in this section shall be construed as reasonably prohibiting the use of ash, sand, salt or other materials to reduce the risk of snow, ice or sleet on that highway or highway or to provide traction.
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