13.10 - Deposit of rubbish.

§  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.