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Brookhaven, NY Trash & Recycling: Illegal Dumping (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

First conviction fine
$2,000 to $10,000
Repeat conviction fine
$4,000 to $20,000
Repeat offense jail
15 days to 6 months
Enforcing office
Commissioner, Recycling & Materials Mgmt
Latest amendment
4-4-2024, L.L. No. 8-2024

Summary

Brookhaven makes it unlawful to dump garbage, hazardous waste, litter, rubbish or construction debris transported by dump truck onto any street, lot, park or public place, public or private. A first conviction under this dumping ban carries a fine of $2,000 to $10,000 and up to 15 days in jail; a second offense is prosecuted as a misdemeanor.

It shall be unlawful for any person, his or her agent, employee or any person under his or her control to suffer or permit any garbage, hazardous waste, liquid waste, litter, rubbish, solid waste, construction or demolition debris, whether processed or not, or debris of any sort or any other organic or inorganic material 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, park, public place, Town dumpster or other area, whether publicly or privately owned, except for the disposing of solid waste at a public disposal facility or a private disposal facility permitted and licensed by the Town of Brookhaven and when in accordance with the rules and regulations governing the use of said public or private disposal facility.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4966897; v79 updated 2026-05-28; through 05-28-2026).

Full Breakdown

Section 45-4K, most recently amended in 2024, bars any person, agent or employee from suffering or permitting garbage, hazardous waste, liquid waste, litter, rubbish, solid waste, construction or demolition debris, or any other organic or inorganic material transported in a dump truck or other vehicle to be dumped, deposited or disposed of in or upon any street, lot, park, public place, Town dumpster or other area, publicly or privately owned. The only exception is disposal at a public or private disposal facility permitted and licensed by the Town, done in accordance with that facility's rules.

Separate subsections extend the same dumping ban specifically to the Pine Barrens Compatible Growth Area and Core Preservation Area (§ 45-4K(2)), to designated wetlands defined in Chapter 81 (§ 45-4K(3)), to public recycling receptacles used for anything other than their designated material (§ 45-4K(4)), and to residential or commercial waste dumped in a public receptacle (§ 45-4K(5)). The Commissioner of the Department of Recycling and Sustainable Materials Management enforces the chapter and may enter private property at reasonable times to investigate under § 45-3. Section 45-4 also authorizes the Town to abate littered conditions on private property after a 10-day notice and to lien the cost against the land, but the dumping ban itself in Subsection K is a standalone criminal prohibition, not a notice-and-abatement provision.

Violations & Fines

Section 45-12F sets escalating penalties specific to § 45-4K(1), (2) and (4): a first conviction brings a fine of $2,000 to $10,000, imprisonment up to 15 days, or both; a second or subsequent conviction brings a fine of $4,000 to $20,000, imprisonment of 15 days to six months, or both, and is prosecuted as a misdemeanor. Each day the violation continues counts as a separate offense, and violations of the recycling-receptacle and hazardous-waste provisions of § 45-4J(2) separately carry civil penalties equal to twice the Town's cleanup cost under § 45-12E.

Frequently Asked Questions

Is dumping construction debris on vacant land illegal in Brookhaven?
Yes. Section 45-4K(1) makes it unlawful to dump garbage, rubbish, solid waste or construction and demolition debris transported by dump truck onto any street, lot, park or public place, whether the land is publicly or privately owned, unless it goes to a Town-licensed disposal facility.
What is the fine for a first illegal dumping conviction in Brookhaven?
Section 45-12F sets a first-conviction fine of $2,000 to $10,000, imprisonment for up to 15 days, or both, for violating the dumping ban in § 45-4K(1), (2) or (4).
Does a second dumping offense get treated differently?
Yes. A second or subsequent conviction under § 45-4K is prosecuted as a misdemeanor with a fine of $4,000 to $20,000 and up to six months in jail, and each additional day the violation continues is charged as a separate offense.

Sources & Official References

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