Featured News 2013 Define the Law: Illegal Dumping

Define the Law: Illegal Dumping

Illegal dumping has become an increasingly difficult problem in the United States. Unlike littering, dumping is the act of leaving large items or large volumes of trash in places where it is not designated to be left. Offenders typically do their illegal dumping late at night when police do not notice that they are coming. It is difficult to determine who did this illegal dumping and prosecute the parties-at-fault. The government believes that dumping old appliances, bags of garbage, debris, and hazardous materials in public places endangers public health. States have enacted a wide variety of penalties to be issued to those that are caught dumping illegally. It is also considered illegal dumping to move construction debris or remnants to a public place, or to abandon an old car in a public place.

The definition of illegal dumping varies by state, but essentially it is the crime of dumping waste on public or private property that is not licensed or permitted to receive waste. As well, it is also illegal to allow a person to dump waste on one's land without being licensed to receive the waste. Illegal dumping also includes dumping waste without a license or permit into sewers or waterways. Many people will abandon their garbage or large items in a river or a sewer, and can be penalized for this accident.

In addition to state laws, the federal government has passed several laws to prevent illegal dumping. The Resource Conservation and Recovery Act outline the permitting requirements for dumping large volumes of hazardous. Those who violate this code can be tried in federal court for their crime. Most states have different penalties for littering than they do for illegal dumping. This is because littering is normally disposing of a small amount of household garbage. For example, it is considered littering if you through a soda can out of your window on a freeway.

On the other hand, illegal dumping involves taking very large items, such as an old microwave or a bed frame that is dilapidated, and tossing them on the side of the road or in another place that is not permitted to receive waste. American citizens are expected to take large items of this nature to the dump if they no longer want to deal with them. Still, some people are lazy and decide that they would rather drop the items in a nearby field or in a ditch on the side of the road. If caught, these individuals can be severely prosecuted.

Illegal dumping is sometimes even considered a felony. This depends on the amount of waste and the type of waste. Also, it is important to determine whether the dumping is committed by an individual or a business and whether the defendant has committed prior offenses. People who have been charged with illegal dumping before and dump a large amount of garbage are more likely to be charged with a felony rather than a misdemeanor.

Penalties for illegal dumping can be serious. In some cases, individuals can be incarcerated. Some states permit an individual to be jailed for one year for a misdemeanor illegal dumping offense and felonies can result in an even longer prison sentence. As well, offenders will typically have to pay the damages that they caused to another's property by illegal dumping, and may be required to serve community service.

In addition, the person may be required to be on probation and meet with an officer consistently as a result. Courts also typically impose fines on those convicted of illegal dumping. These fines can vary greatly depending on the circumstances of the crime. If you want more information about this crime, don't hesitate to call an attorney today to learn more!

Related News:

Define the Law: Criminal Threats

Criminal threats are any threats that are issued either in writing, over the phone, electronically, or verbally that cause reasonable fear for a victim. The threats must put someone in fear in order ...
Read More »

NTSB Recommends Lower Federal Drinking Limit

At present, an adult driver can consume alcohol and drive until that individual's blood-alcohol content (BAC) reaches 0.08%. At this point, the driver has reached the point of illegal BAC, and can ...
Read More »

Define the Law: The Various Forms of Stalking

Stalking can make a victim feel incredibly unsafe and nervous. As a result, it is considered a crime and can come with serious penalties. The term "stalking" describes unwanted attention and ...
Read More »