§ 1220-A — Liability for violation of a local law prohibiting unlawful dumping in a city having a population of one million or more

§ 1220-a. Liability for violation of a local law prohibiting unlawful\ndumping in a city having a population of one million or more. 1. In a\ncity having a population of one million or more which has adopted a\nlocal law prohibiting unlawful dumping by any person, his or her agent,\nemployee or any person under his or her control, the owner, operator or\nowner-operator of a vehicle used in violation of such local law who is\nfound in violation of such local law where the environmental control\nboard of such city has determined that such violation involved a\nsubstantial amount of materials or matter shall be subject to the\nsuspension of his or her driver's license, resident or non-resident\nprivilege to operate, or registration pursuant to subdivision two of\nthis section in addition to any civil and criminal penalties set forth\nin such local law. For the purposes of this section, the following terms\nshall have the following meanings: (a) "substantial amount" shall mean a\nvolume of at least two cubic yards; (b) "unlawful dumping" shall mean\nsuffering or permitting any dirt, sand, gravel, clay, loam, stone,\nrocks, rubble, building rubbish, sawdust, shavings or trade or household\nwaste, refuse, ashes, manure, garbage, rubbish or debris of any sort or\nany other organic or inorganic material or thing or other offensive\nmatter being transported in a dump truck or other vehicle to be dumped,\ndeposited or otherwise disposed of in or upon any street, lot, part,\npublic place or other area whether publicly or privately owned in a city\nwith a population of one million or more, except in a manner prescribed\nby law, rule or regulation; (c) "owner" shall mean an owner as defined\nin section one hundred twenty-eight and in subdivision three of section\nthree hundred eighty-eight of this chapter, provided, however, that\nowner shall include any lessee or bailee of a vehicle having the\nexclusive use thereof, under a lease or otherwise, for any period of\ntime; (d) "operator" shall mean any person who uses or operates a motor\nvehicle with or without the express or implied consent of the owner; (e)\n"owner-operator" shall mean any owner who uses or operates a motor\nvehicle where such owner-operator is the owner of such motor vehicle;\nand (f) "environmental control board" or "board" shall mean the\nenvironmental control board of a city with a population of one million\nor more.\n 2. Upon certification pursuant to the provisions of this section from\nthe environmental control board that there remains unpaid a civil\npenalty imposed for a violation of a local law prohibiting unlawful\ndumping, the commissioner shall suspend the driver's license, or\nresident or non-resident privilege to operate, of an operator or\nowner-operator found to be in violation of such local law and who has\nfailed to pay such civil penalty, and the registration of all vehicles\nowned by an owner or owner-operator found to be in violation of such\nlocal law and who has failed to pay such civil penalty. Such suspension\nshall remain in effect until such board notifies the commissioner\npursuant to subdivision four of this section that such suspension shall\nbe terminated. Such certification and notice of termination shall be\nmade in the form and manner agreed upon between such environmental\ncontrol board and the commissioner.\n 3. Whenever an owner, operator or owner-operator has been found by the\nenvironmental control board to be in violation of a local law\nprohibiting unlawful dumping, and such owner, operator or owner-operator\nhas failed to make payment on a civil penalty imposed for such violation\nwithin one hundred days of the date such civil penalty was imposed, such\nboard may certify such fact to the commissioner. Provided, however, that\nprior to making such certification, notification shall be provided to\neach such owner, operator or owner-operator pursuant to subdivision four\nof this section. No such certification shall be made unless (a) such\ncivil penalty has remained unpaid one hundred days from the date such\ncivil penalty was imposed, either in full or in accordance with the\nterms of any written payment schedule established by such board with the\nconsent of the person found in violation, and (b) such city with a\npopulation of one million or more has complied with the notice\nrequirements pursuant to this section.\n 4. (a) A city with a population of one million or more which has\nadopted a local law prohibiting unlawful dumping shall provide an owner,\noperator, or owner-operator found to be in violation of such local law\nwith a minimum of two written notices stating that failure to make\npayment on a civil penalty within one hundred days of the date such\ncivil penalty was imposed for such violation may result in certification\nto the department to suspend the driver's license, privilege to operate,\nor vehicle registration, as the case may be, unless, by such date, such\nowner, operator or owner-operator makes full payment of such civil\npenalty or enters into a written payment schedule established by such\nboard with the consent of such owner, operator or owner-operator and\ncontinues to comply with the terms of such schedule. Such city shall\ninclude one such written notice in the notice of violation served upon\nsuch owner, operator or owner-operator for a violation of a local law\nprohibiting unlawful dumping, and the environmental control board shall\nsend the second such written notice by first class mail to such owner,\noperator or owner-operator not less than thirty days but in no event\nmore than sixty days prior to the date such board makes a certification\nto the commissioner pursuant to this section.\n (b) Upon the compliance of the owner, operator, or owner-operator with\nthe provisions of paragraph (c) of this subdivision, the board shall\nnotify the commissioner, within five business days of such compliance,\nthat the suspension imposed pursuant to subdivision two of this section\nshall be terminated.\n (c) An owner, operator or owner-operator who has received a notice\nthat his or her driver's license, privilege to operate a motor vehicle,\nor vehicle registration, as the case may be, shall be suspended, may\navoid such suspension by: (i) making full payment of the civil penalty\nto the board by the specified date; or (ii) entering into a written\npayment schedule established by such board with the consent of such\nowner, operator, or owner-operator by the specified date and complying\nwith the terms of such schedule.\n 5. Notwithstanding section one hundred fifty-five of this chapter or\nany other provision of law, where a person has been adjudicated by such\nenvironmental control board to be in violation of a local law described\nin subdivision one of this section, such adjudication shall not have the\nforce and effect of a conviction of a traffic infraction, or a violation\nof any provision of this chapter.\n