For Immediate Release: 9/13/2010 2:24 pm
Worcester, MA (September 10, 2010) - The City of Worcester was granted enforcement powers against illegal dumping within the City’s limits today through legislation signed by Governor Patrick that will make permanent a pilot program established by the City in 2005. The pilot program was established to determine the effectiveness of allowing cities to establish their own fines and other penalties for illegal dumping and further to retain the revenues generated by such fines for the purpose of financing enforcement against illegal dumping. The bill’s sponsors, Representative John J. Binienda (D-Worcester) and Senator Michael O. Moore (D-Millbury), carried the local measure in the Legislature so the City could solidify its authority to prosecute against illegal dumpers and retain any fines violators would be required to pay.
"Worcester needs any and all resources at their disposal to keep the City clean," said Rep. Binienda. "This is a win-win in that the City can enforce against dumping violations and will retain any funds accrued to pay for the costs of clean-up and any resulting scenic or environmental damages."
"This legislation will empower and enable the City of Worcester to address what is a growing concern," said Sen. Moore. "It is important for state government to work in a way that allows for municipalities to pro-actively address problems, serve their residents and protect their natural environment. This legislation does just that."
"This new law sends a strong message that we will not tolerate any illegal dumping and anyone who views our City as their personal trash can – zero tolerance," said Worcester City Manager Michael O’Brien. "We will put this new tool to work immediately and pursue alleged dumpers to the full extent of the law. We are grateful to our State Delegation, in particular Senator Moore and Representative Binienda, for their efforts to ensure this enhanced enforcement tool was signed into law by Governor Patrick."
The law authorizes the City to enforce against any unlawful dumping of refuse, trash, household goods, construction debris and any other material, even if a person dumps it on their own property. Violators could be prosecuted by the City on civil or criminal charges depending on the circumstances. Fines for violations range from $5,000 to $10,000 and a scofflaw could serve up to seven days in prison. The City would retain all fines collected for violations and deposit them into a Disposal Enforcement Fund established under the law. Monies collected would then be put back into the City’s Illegal Dumping Program for the purchase of surveillance cameras and public education and outreach.
City officials have used surveillance camera technology (including video and still pictures) as a tool to identify and prosecute illegal dumpers. Under the initial pilot program, the City successfully prosecuted and won monetary judgments in six cases involving illegal dumping and prevailed in obtaining permanent injunctions against these violators from any future dumping in the City.
