Section 13.10. Deposit of rubbish  


Latest version.
  • 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.