You can be charged with an illegal dumping for a multitude of reasons, ranging from throwing out a lit cigarette butt and causing a fire, to throwing out bags of household garbage into a ditch or on the side of the road, to dumping a full trailer load of trash onto private property.
We tried the very first and only illegal dumping case in the history of Fort Bend County. The judge found the State failed to prove an offense was committed and ordered the jury to find our client NOT GUILTY.
Our Approach to Defending Illegal Dumping Cases:
The partners at Smith | McDonald | Bolin have handled numerous illegal dumping cases and we very commonly find that law enforcement cannot prove their case and the case gets dismissed.
We have worked diligently to force law enforcement to stop making arrests for cases they cannot prove.
Illegal dumping requires proof that a person intentionally
- disposes of;
- allows the disposal of; or
- transports for disposal
solid waste at a location that is not permitted as a landfill.
Possible Punishment for Illegal Dumping:
- CLASS C MISDEMEANOR:
- Solid waste of a weight of 5 pounds or less or a volume of 5 gallons or less.
- Results in a fine up to $500
- CLASS B MISDEMEANOR:
- Solid waste of a weight of more than 5 pounds but less than 500 pounds or a volume of more than 5 gallons but less than 100 cubic feet.
- Results in a fine of up to $2,000 and up to 180 days in jail.
- CLASS A MISDEMENOR:
- Solid waste of a weight of more than 500 pounds but less than 1,000 pounds or a volume of more than 100 cubic feet but less than 200 cubic feet.
- Dumping solid waste for a commercial purpose with a weight of more than 5 pounds but less than 200 pounds or a volume of more than 5 gallons but less than 200 cubic feet.
- Results in a fine of up to $4000 and up to 1 year in jail.
- STATE JAIL FELONY:
- Solid waste of 1,000 pounds or more or a volume of 200 cubic feet or more.
- Dumping solid waste for a commercial purpose with a weight of 200 pounds or more or a volume of 200 cubic feet or more.
- Dumping solid waste contained in a closed barrel or drum.
- Results in a fine up to $10,000 and up to 2 years in a state jail.
- If a person has been previously convicted of illegal dumping, then the next conviction may result in an increase in punishment for the next highest category of offense.