Illegal Dumping

Illegal Dumping in Texas: Legal Overview and Penalties

In Texas, illegal dumping refers to the unlawful disposal of waste in unauthorized locations, and it is governed by the Texas Health and Safety Code §365.012. The state takes a strong stance against illegal dumping to protect the environment, public health, and public safety.

Definition of Illegal Dumping

According to Texas law, a person commits the offense of illegal dumping if they dispose of waste in an unauthorized place, including vacant lots, roadsides, or public spaces. The waste can include anything from household trash to hazardous materials.

Penalties for Illegal Dumping in Texas

The penalties for illegal dumping in Texas vary based on the amount and type of waste involved. The law categorizes offenses by the weight or volume of the waste, and the severity of the penalty depends on these factors:

1. Class C Misdemeanor

   • Waste of 5 pounds or less or a volume of 5 gallons or less.

   • Penalty: A fine of up to $500.

2. Class B Misdemeanor

   • Waste weighing more than 5 pounds but less than 500 pounds, or a volume of more than 5 gallons but less than 100 cubic feet.

   • Penalty: Up to 180 days in jail and a fine of up to $2,000.

3. Class A Misdemeanor

   • Waste weighing 500 pounds or more but less than 1,000 pounds, or a volume of 100 cubic feet or more but less than 200 cubic feet.

   • Penalty: Up to 1 year in jail and a fine of up to $4,000.

4. State Jail Felony

   • Waste weighing 1,000 pounds or more or a volume of 200 cubic feet or more, or if the waste is in a closed barrel or drum.

   • Penalty: 6 months to 2 years in state jail and a fine of up to $10,000.

Repeat Offenders

For individuals with previous illegal dumping convictions, penalties become more severe. A third conviction for illegal dumping may lead to:

• Enhanced penalties.

• Vehicle forfeiture: The vehicle used in the offense may be seized by the authorities.

Special Considerations

• Hazardous Waste: Dumping hazardous waste carries harsher penalties, and offenders may be prosecuted under both environmental and criminal law.

• Environmental Protection: The Texas Commission on Environmental Quality (TCEQ) plays a significant role in overseeing illegal dumping issues and enforcing cleanup measures.

Legal Defenses

Some defenses may apply in illegal dumping cases, such as:

• The defendant did not dispose of the waste.

• The waste was legally disposed of at a location authorized to receive it.

• There was no intent to cause harm or violate the law.

Illegal dumping is a serious offense in Texas with consequences ranging from fines to jail time, depending on the amount and type of waste disposed of. The state actively enforces these laws to protect the environment and maintain public safety. Individuals facing charges for illegal dumping should seek legal counsel to understand their options and defenses.