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

1.  In  a
  city  having  a  population  of  one million or more which has adopted a
  local law prohibiting unlawful dumping by any person, his or her  agent,
  employee  or any person under his or her control, the owner, operator or
  owner-operator of a vehicle used in violation of such local law  who  is
  found  in  violation  of  such local law where the environmental control
  board of such  city  has  determined  that  such  violation  involved  a
  substantial  amount  of  materials  or  matter  shall  be subject to the
  suspension of his or her  driver's  license,  resident  or  non-resident
  privilege  to  operate,  or  registration pursuant to subdivision two of
  this section in addition to any civil and criminal penalties  set  forth
  in such local law. For the purposes of this section, the following terms
  shall have the following meanings: (a) "substantial amount" shall mean a
  volume  of  at  least two cubic yards; (b) "unlawful dumping" shall mean
  suffering or permitting any  dirt,  sand,  gravel,  clay,  loam,  stone,
  rocks, rubble, building rubbish, sawdust, shavings or trade or household
  waste,  refuse, ashes, manure, garbage, rubbish or debris of any sort or
  any other organic or inorganic material  or  thing  or  other  offensive
  matter  being transported in a dump truck or other vehicle to be dumped,
  deposited or otherwise disposed of in or upon  any  street,  lot,  part,
  public place or other area whether publicly or privately owned in a city
  with  a population of one million or more, except in a manner prescribed
  by law, rule or regulation; (c) "owner" shall mean an owner  as  defined
  in  section one hundred twenty-eight and in subdivision three of section
  three hundred eighty-eight of  this  chapter,  provided,  however,  that
  owner  shall  include  any  lessee  or  bailee  of  a vehicle having the
  exclusive use thereof, under a lease or otherwise,  for  any  period  of
  time;  (d) "operator" shall mean any person who uses or operates a motor
  vehicle with or without the express or implied consent of the owner; (e)
  "owner-operator" shall mean any owner  who  uses  or  operates  a  motor
  vehicle  where  such  owner-operator is the owner of such motor vehicle;
  and  (f)  "environmental  control  board"  or  "board"  shall  mean  the
  environmental  control  board of a city with a population of one million
  or more.
    2. Upon certification pursuant to the provisions of this section  from
  the  environmental  control  board  that  there  remains  unpaid a civil
  penalty imposed for a violation of  a  local  law  prohibiting  unlawful
  dumping,  the  commissioner  shall  suspend  the  driver's  license,  or
  resident or  non-resident  privilege  to  operate,  of  an  operator  or
  owner-operator  found  to  be in violation of such local law and who has
  failed to pay such civil penalty, and the registration of  all  vehicles
  owned  by  an  owner  or owner-operator found to be in violation of such
  local law and who has failed to pay such civil penalty. Such  suspension
  shall  remain  in  effect  until  such  board  notifies the commissioner
  pursuant to subdivision four of this section that such suspension  shall
  be  terminated.  Such  certification  and notice of termination shall be
  made in the form and  manner  agreed  upon  between  such  environmental
  control board and the commissioner.
    3. Whenever an owner, operator or owner-operator has been found by the
  environmental   control  board  to  be  in  violation  of  a  local  law
  prohibiting unlawful dumping, and such owner, operator or owner-operator
  has failed to make payment on a civil penalty imposed for such violation
  within one hundred days of the date such civil penalty was imposed, such
  board may certify such fact to the commissioner. Provided, however, that
  prior to making such certification, notification shall  be  provided  to
  each such owner, operator or owner-operator pursuant to subdivision four
  of  this  section.  No  such certification shall be made unless (a) such

  civil penalty has remained unpaid one hundred days from  the  date  such
  civil  penalty  was  imposed,  either  in full or in accordance with the
  terms of any written payment schedule established by such board with the
  consent  of  the  person  found  in  violation, and (b) such city with a
  population  of  one  million  or  more  has  complied  with  the  notice
  requirements pursuant to this section.
    4.  (a)  A  city  with  a  population of one million or more which has
  adopted a local law prohibiting unlawful dumping shall provide an owner,
  operator, or owner-operator found to be in violation of such  local  law
  with  a  minimum  of  two  written  notices stating that failure to make
  payment on a civil penalty within one hundred  days  of  the  date  such
  civil penalty was imposed for such violation may result in certification
  to the department to suspend the driver's license, privilege to operate,
  or  vehicle registration, as the case may be, unless, by such date, such
  owner, operator or owner-operator  makes  full  payment  of  such  civil
  penalty  or  enters  into a written payment schedule established by such
  board with the consent of such owner,  operator  or  owner-operator  and
  continues  to  comply  with  the terms of such schedule. Such city shall
  include one such written notice in the notice of violation  served  upon
  such  owner,  operator  or owner-operator for a violation of a local law
  prohibiting unlawful dumping, and the environmental control board  shall
  send  the  second such written notice by first class mail to such owner,
  operator or owner-operator not less than thirty days  but  in  no  event
  more  than sixty days prior to the date such board makes a certification
  to the commissioner pursuant to this section.
    (b) Upon the compliance of the owner, operator, or owner-operator with
  the provisions of paragraph (c) of this  subdivision,  the  board  shall
  notify  the  commissioner, within five business days of such compliance,
  that the suspension imposed pursuant to subdivision two of this  section
  shall be terminated.
    (c)  An  owner,  operator  or owner-operator who has received a notice
  that his or her driver's license, privilege to operate a motor  vehicle,
  or  vehicle  registration,  as  the case may be, shall be suspended, may
  avoid such suspension by: (i) making full payment of the  civil  penalty
  to  the  board  by  the  specified date; or (ii) entering into a written
  payment schedule established by such board  with  the  consent  of  such
  owner,  operator,  or owner-operator by the specified date and complying
  with the terms of such schedule.
    5. Notwithstanding section one hundred fifty-five of this  chapter  or
  any  other provision of law, where a person has been adjudicated by such
  environmental control board to be in violation of a local law  described
  in subdivision one of this section, such adjudication shall not have the
  force and effect of a conviction of a traffic infraction, or a violation
  of any provision of this chapter.