13.10 - Deposit of rubbish. - New York Statutes

§ 13.10 Deposit of rubbish. 1. No person shall deposit or leave on lands under the jurisdiction of the office any rubbish or other waste material, or enter upon any lands under the jurisdiction of the office with the intent to do so, except that this provision shall not apply to the deposit of rubbish or other waste material generated as a result of the lawful use of such lands and deposited in an approved receptacle. 2. Any person who violates the provisions of subdivision one of this section shall be guilty of a violation, and, upon conviction, shall be punished by a fine of not more than two hundred fifty dollars. In addition, such violator shall be liable to a civil penalty of not more than five hundred dollars for each day during which such violation continues. 3. In addition to the penalties provided in subdivision two of this section, any person convicted of a violation of subdivision one of this section may be ordered by the court to remove the rubbish or waste materials and to restore the land affected by the violation to its condition prior to the violation, insofar as such restoration is possible. Such restoration shall be conducted pursuant to a plan approved by the commissioner and/or the court. In the event that the violator fails to comply with the provisions of such plan, the violator shall be liable to the state for the costs of such restoration as a civil penalty. 4. Any civil penalty provided for by this section shall be recoverable in an action instituted by the attorney general, at the request of the commissioner, in any court of competent jurisdiction.