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jail time

Some debris dumped at the Town of Brookhaven’s Tanglewood Park in Coram. Photo from Legislator Anker’s office

The penalty for illegally dumping on county-owned properties may soon include jail time in Suffolk County, after legislators unanimously approved on March 28 both increased fines and the potential of up to one year’s imprisonment for anyone convicted. The bill, sponsored by Legislators Sarah Anker (D-Mount Sinai), Kara Hahn (D-Setauket), Tom Muratore (R-Ronkonkoma), Rob Trotta (R-Fort Salonga) and Kate Browning (WF-Shirley), now goes to Suffolk County Executive Steve Bellone (D) for his signature within the next 30 days. 

A no dumping sign along North Country Road in Shoreham. File photo

Once implemented, maximum fines for illegal dumping of nonconstruction, demolition and hazardous material wastes by a business or corporation will increase to $15,000 from the previous fine of $5,000. The penalty for dumping nonconstruction materials by an individual will remain at $1,000. If an individual is found dumping construction or demolition material, the misdemeanor fine will increase to $10,000 for an individual and $15,000 for a corporation or business. Under the change, both an individual and someone convicted of dumping material on behalf of a commercial entity may be sentenced up to one year in jail. Imposition of the ultimate fine or criminal sentence is within the sentencing court’s discretion.

“For far too long, fines associated with illegal dumping were considered just the cost of doing business,” said Hahn, chairwoman both of the Legislature’s Parks & Recreation and Environment, Planning and Agriculture Committees. “For those who choose to pursue greed over the health of the public and our environment, your cost of business has just gotten a lot more expensive. The one-two combination of increased monetary penalties and potential jail time will hopefully give pause to any person or commercial entity that believes these significant fines and the potential loss of freedom is a cost effective business strategy.”

Illegal dumping on Long Island has emerged as a serious environmental issue and threat to public health following the discoveries of potentially toxic debris within the Town of Islip’s Roberto Clemente Park, Suffolk County’s West Hills County Park and a housing development for military veterans in Islandia. In February, New York State’s Department of Environmental Conservation issued approximately 200 tickets for unlawful disposal, operating without a permit and other violations during stings conducted on Long Island and the Hudson Valley that also identified nine dumping sites upstate. 

“Illegal dumping of hazardous materials and construction waste on county property causes harmful chemicals to seep into our water.”

—Sarah Anker

“For decades, Suffolk County has worked tirelessly to preserve land in order to protect our environment and groundwater,” Anker said. “Illegal dumping of hazardous materials and construction waste on county property causes harmful chemicals to seep into our water, which negatively affects our health. It is important we do everything in our power to continue to protect our parklands and to ensure that illegal dumping does not occur. By doing so, we are not only preserving the environmental integrity of Suffolk County, but improving the quality of life for all residents.”

Trotta called the dumping a crime against the residents of Suffolk County.

“I want to make it unprofitable for contractors to dump this material,” he said, “and more importantly, I want them going to jail for this.”

Browning added that the parks are vital assets for Suffolk County residents, and one of the core recreational resources available to them. She doesn’t like seeing the destruction of quality of life. Legislature Presiding Officer DuWayne Gregory (D-Amityville) agrees, saying it’s an important step to protecting parks, while giving teeth to all legislation recently passed on this quality of life issue.

“I applaud legislator Hahn for her hard work toward preventing this serious problem,” Browning said. “Aggressively attacking illegal dumping head on will ensure the sustainability of our parks and preserve one of the many reasons Suffolk County continues to be a great place to live.”

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