Junkyards

[junkyardmaster]

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lg,

[junkyardmaster]

Public Act 219, 1966

An act to regulate junkyards and to provide penalties.
Amended by P.A.1972, No. 132.

252.201. Definitions

Sec. 1. As used in this act:

(a) "Junk" means old or scrap copper, brass, rope, rags,
batteries, paper, trash, rubber debris, waste, or junked,
dismantled or wrecked automobiles, or parts of
automobiles, iron, steel and other old or scrap ferrous or
nonferrous material.

(b) "Automobile graveyard" means any establishment or
place of business which is maintained, used or operated
for storing, keeping, buying or selling wrecked, scrapped,
ruined or dismantled motor vehicles or motor vehicle
parts.

(c) "Junkyard" means an establishment or place of business
which is maintained, operated or used for storing,
keeping, buying or selling junk, or for the maintenance or
operation of an automobile graveyard, including garbage
dumps and sanitary fills.

(d) "Interstate highway" means a state trunk line highway
on the national system of interstate and defense highways,
as designated, or as may hereafter be so designated, by
the department of state highways and approved by the
United States secretary of transportation, pursuant to the
provisions of title 23 of the United States code.

(e) "Primary highway" means a state trunk line highway as
designated, or as may hereafter be so designated, by the
state highway department, and approved by the United
States secretary of transportation, pursuant to the
provisions of title 23 of the United States code.

(f) "Secondary highway" means a state secondary road or
county primary road.
P.A.1966, No. 219; C.L.1948, * 252.201; C.L.1970, *
252.201; P.A.1972, No. 132.

252.202. Junkyard control; declaration of policy;
regulation of junkyards; nonconforming yards as public
nuisance

Sec. 2. In order to promote the public safety, health,
welfare, convenience and enjoyment of public travel, to
protect the public investment in public highways, to
preserve and enhance the scenic beauty of lands bordering
public highways, to attract tourists and promote the
prosperity, economic well-being and general welfare of the
state, and to provide a statutory basis for controlling
junkyards consistent with the public policy declared by
congress in title 23 of the United States code, it is
declared to be in the public interest to regulate and
restrict the establishment, operation and maintenance of
junkyards in areas adjacent to interstate, primary and
secondary highways within this state. All junkyards which
do not conform to the requirements of this act are public
nuisances.
P.A.1966, No. 219, * 2; C.L.1948, * 252.202; C.L.1970, *
252.202; P.A.1972, No. 132, * 1.

252.203. Junkyards near highways; prohibition, exceptions

Sec. 3. After January 1, 1973 a person shall not
establish, expand or maintain a junkyard, any portion of
which is within 1,000 feet of the nearest edge of the
right of way of any interstate or primary or secondary
highway, except the following:

(a) Those which are screened by natural objects,
plantings, fences, or other appropriate means so as not to
be visible from the main-traveled way of the highway, or
otherwise removed from sight, in accordance with rules of
the department of state highways.

(b) Those located within areas which are zoned for
industrial use under authority of law.

(c) Those which are not visible from the main-traveled way
of an interstate primary or secondary highway.
P.A.1966, No. 219, * 3; C.L.1948, * 252.203; C.L.1970, *
252.203; P.A.1972, No. 132, * 1.

252.204. Screening or removal of existing nonconforming
junkyards; time limit; cost

Sec. 4. Any junkyard lawfully in existence on the
effective date of this act which does not conform to the
requirements for exception in section 3 and any other
junkyard along any highway hereafter designated as an
interstate or primary highway and which does not conform
to the requirements for exception in section 3, shall be
screened or removed by the state highway department as a
cost of constructing state trunk line highways.
Nonconforming junkyards existing on the effective date of
this act shall be removed or screened by July 1, 1970.
P.A.1966, No. 219; C.L.1948, * 252.204; C.L.1970, *
252.204.

252.204a. Pre-existing, non-conforming junkyards,
screening; subsequently established junkyards, screening,
removal

Sec. 4a. A junkyard which is lawfully in existence on the
effective date of this act, which does not conform to
subsections (a) or (b) of section 3 and is located along a
secondary highway, shall be screened at a cost to the
owner. However, screening of such a junkyard shall not be
required in excess of an 8-foot fence. A junkyard which is
established after the effective date of this act and is
located along a secondary highway shall be adequately
screened or removed in accordance with section 3 of this
act at a cost to the owner.
P.A.1966, No. 219, * 4a, added by P.A.1972, No. 132;
C.L.1970, * 252.204a.

252.205. Screening; acquisition of land by department

Sec. 5. Junkyards referred to in section 4 shall be
screened, if feasible, by the state highway department at
locations on the highway right of way or in areas acquired
for screening purposes outside the right of way so as not
to be visible from the main-traveled way of the highways.
The state highway department may acquire such land, or
interests in land, necessary to provide adequate screening
of junkyards.
P.A.1966, No. 219; C.L.1948, * 252.205; C.L.1970, *
252.205.

252.206. Relocation, removal or disposal of junkyards;
acquisition of land by department; payment of costs

Sec. 6. If the state highway department determines that
the topography of the land adjacent to the highway will
not permit adequate screening of junkyards referred to in
section 4 or that the screening of junkyards would not be
economically feasible, the state highway department may
acquire land or interests in land necessary to secure the
relocation, removal or disposal of the junkyards; and to
pay for the costs of relocation, removal or disposal.
P.A.1966, No. 219; C.L.1948, * 252.206; C.L.1970, *
252.206.

252.207. Construction or maintenance of junkyards; rules
and regulations

Sec. 7. The state highway department is authorized to
promulgate rules and regulations, in accordance with the
provisions of Act No. 88 of the Public Acts of 1943, as
amended, being sections 24.71 to 24.80 of the Compiled
Laws of 1948, and subject to Act No. 197 of the Public
Acts of 1952, as amended, being sections 24.101 to 24.110
of the Compiled Laws of 1948, which shall govern the
location, planting, construction and maintenance of, and
the materials used in screening or fencing required by
this act, and to promulgate rules and regulations for
determining unzoned industrial areas for the purposes of
this act, consistent with the national standards
promulgated by the United States secretary of commerce
pursuant to title 23 of the United States code.
Regulations shall not be more restrictive than the
national standards.
P.A.1966, No. 219. C.L.1948, * 252.207. C.L.1970, *
252.207.

252.208. Injunction to compel conformity with act

Sec. 8. If a junkyard is not established, expanded or
maintained in conformity with the provisions of section 3,
the department of state highways may apply to the court of
proper jurisdiction for an injunction to compel conformity
with this act.
P.A.1966, No. 219; C.L.1948, * 252.208; C.L.1970, *
252.208; P.A.1972, No. 132.

252.209. Construction of act

Sec. 9. Nothing in this act shall be construed to abrogate
or affect the provisions of any law or ordinance which is
more restrictive than the provisions of this act.
P.A.1966, No. 219; C.L.1948, * 252.209; C.L.1970, *
252.209.

252.210. Control of junkyards; agreements with United
States secretary of commerce

Sec. 10. The state highway department is authorized to
enter into agreements with the United States secretary of
commerce as provided by title 23 of the United States
code, relating to the control of junkyards in areas
adjacent to the interstate and primary systems, and to
take action in the name of the state to comply with the
terms of such agreement.
P.A.1966, No. 219; C.L.1948, * 252.210; C.L.1970, *
252.210.

252.211. Estates in land acquired under act; manner of
acquisition

Sec. 11. The interests in land authorized to be acquired
under this act may be the fee simple or any lesser estate,
as determined by the state highway department to be
reasonably necessary to accomplish the purposes of this
act. Acquisitions may be by gift, purchase, exchange or
condemnation and shall be made in accordance with statutes
governing acquisitions for highway purposes.
P.A.1966, No. 219; C.L.1948, * 252.211; C.L.1970, *
252.211.



Euer Junkyardmaster!!!!!!!!!!

[junkyardmaster]

BROOKLYN JUNKYARDS INDICTED FOR ENVIRONMENTAL CRIMES
Charged With Dumping Thousands of Gallons of Vehicle Fluids Into Environment


Attorney General Eliot Spitzer, Department of Environmental Conservation Commissioner Erin Crotty and New York City Police Commissioner Raymond W. Kelly, today announced the indictment of four junkyards and 10 individuals for illegally dumping vehicle fluids in violation of state environmental law. The junkyards are located in the Canarsie section of Brooklyn. These indictments are the latest step in a multi-agency environmental law enforcement effort in New York City that began with the indictment of 21 junkyards and 35 people in the Willetts Point area of Queens in April of 2001.

The businesses, most of their owners and a number of employees are charged with breaking state environmental laws by dumping motor oil, antifreeze, transmission fluid and other materials onto the ground and into sewers while dismantling cars to be recycled. All told, the businesses dumped thousands of gallons of waste fluids.

"These defendants disregarded the law and abused the environment," said Spitzer. "By using their properties and the streets around them as a toxic waste dump, they placed personal profit ahead of the law. My office, along with the NYPD and State DEC will continue our full court press to stop polluters."

This case involves the full spectrum of legal remedies. In addition to the criminal charges, Spitzer is filing civil lawsuits seeking an end to the illegal dumping of waste, forfeiture of the proceeds and equipment used in the crimes and an order that the firms and their owners implement interim pollution controls and pay for the clean-up of the sites. On Tuesday Kings County Supreme Court Justice Patricia M. DiMango issued orders permitting the seizure of the defendants' assets and dismantling equipment. The defendants were also arraigned today by Justice DiMango.

Under the Environmental Conservation Law, antifreeze, motor oil, brake and transmission fluids are hazardous substances that must either be recycled or disposed of at an approved facility.
The impact of environmental crimes like these can be felt for years," said NYPD Commissioner Raymond W. Kelly. "These individuals caused significant damage to the city's sewer system while trying to make more profit on the cars they recycled. Now they will pay the price in prison. Our detectives in this case did a great job of investigating these criminals and ending their illegal operations."

State DEC Commissioner Erin M. Crotty said, "The multi-agency law enforcement investigation that resulted in today's indictment sends a clear signal that violating environmental laws is not tolerated in New York. I want to thank Attorney General Spitzer, Commissioner Kelly, the New York City police officers and the Environmental Conservation officers for their efforts in this investigation, which will ensure that the environment and public health are better protected."

The Attorney General's Office, along with the NYPD and the New York State Department of Environmental Conservation Police, executed search warrants at the sites last October.

Based on the amount of fluids released, each of the defendants has been charged with Endangering Public Health, Safety or the Environment in the 3rd degree, a felony, which carries a maximum sentence four years in prison and fines of up to $100,000, as well as other crimes under the state's Environmental Conservation Law.

At one of the locations, investigators discovered that contaminated fluids were being discharged into the New York City sewer system, resulting in an additional felony charge with potential fines of up to $50,000 per day of violation.

The charges are merely accusations, and the defendants are presumed innocent until and unless proven guilty.

Spitzer commended the NYPD for its investigation of the case, and praised Organized Crime Control Chief William Morange; Inspector Howard Lawrence, Capt. Michael Byrne, Lt. Gene Borelli, Sgt. John Morris, and Dets. Joseph Wedge and Brian Hassett of the Auto Crimes Task Force; Sgt. George Gunn of the NYPD Asset Forfeiture Squad; and Capt. Terrance Revella, Lt. John Mattera and Investigator Lidio Rivera of the DEC's Division of Law Enforcement.

Assistant Attorneys General Julieta Lozano and Hugh McLean of the Criminal Prosecutions Bureau are handling the criminal cases. Assistant Attorneys General Lemuel M. Srolovic and Andrew Gershon of the Environmental Protection Bureau, and Lynn Goodman, Assistant Attorney General in Charge of Forfeiture, are handling the civil cases, with assistance from Chief Scientist Michael Surgan.

Euer Junkyardmaster!!!!

[junkyardmaster]

Lunar Junkyards
Bruce Soluski



The moon has a limited, albeit plentiful, set of resources, and many materials will need to be imported from extralunar sources for a long time. Because of that, anything not returning to Earth becomes a valuable source of raw materials for the lunar base.

Cargo landers would be totally recycled but manned landers would exchange passengers, maybe drop off empty fuel tanks, and take off again. Very soon, it will be possible to refuel it, or at least the oxygen component of the fuel.

It will be important to clear the landing area, so anything left there will be towed away for immediate use or to a junk yard. Tanks, pumps, and electronics will find ready uses. This will possibly be a design consideration for these components.

The junk yard is not essential to base operation, so it will be run by remote control by people sitting at workstations on Earth. After all, why waste good base personnel on junk? These telerobots will be easier to handle than the Russian rovers as these can be tethered to power and communications.

Cargo landers will possibly have a mix of solid and liquid fuel rockets. The solid fuel remains will be put aside until lunar industry evolves to being able to extract the valuable elemental constituants, or possibly pyrolized immediately to extract hydrogen, carbon, and any other moon-scarce elements. Aluminum and many other pieces will be fed into the existing processing scheme, but more exotic materials will be saved for appropriate uses, possibly in the safety of a below ground shelter. Any material not plentiful on the Moon will be as valuable there as gold ore is on Earth


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