 |
Who's Littering?
|
|
Quick Facts
Property owners, taxpayers, and
local governments in Texas spend millions of dollars each year cleaning up illegal
dumps. Illegal dumping threatens our health and safety. Pollutants can seep into
rivers and groundwater. Dumps can be a breeding ground for rats and mosquitoes.
|
|
|
|
|
Dumping a lead-acid battery is a criminal offense punishable by up to one year
of jail time and a fine up to $4000.
|
|
|
|
What Is Litter?
The Law defines litter as: Decayable
waste from a public or private establishment, residence, or restaurant and includes
animal and vegetable material from market or storage facility handling or stroring
produce or food products. Nondecayable solid waste, except ashes, including : combustible
material such as paper, rags, cartons, wood, furniture, rubber, plastics, yard trimmings,
and leaves or similar materials. Noncombustible solid waste such as glass, crockery,
tin or aluminum cans, metal furniture, and simialr materials. Discarded or worn
out materials and machinery, including motor vehicles, and parts of motor vehicles,
tires, aircraft, building or construction materials, appliances, and scrap metal.
|
|
|
|
Dumping used motor oil is a felony crime.
|
|
|
|
|
What Can I Do
Law Enforcement needs the help
of citizens to put an end to these crimes of illegal dumping. Citizens can take
an active role in stopping illegal dumping.
|
|
 |
Always dispose of litter properly |
|
|
Report illegal dump sites |
|
|
Report license plate numbers of illegal dumpers |
|
|
Report illegal dumping in progress |
|
|
Spread the word to friends and neighbors that illegal dumping is a crime
|
|
|
|
Dumping a lead-acid battery is a criminal offense punishable by up to one year
of jail time and a fine up to $4000.
|
|
|
|
Penalities for Illegal Dumping
|
|
|
A person commits an offense if the person disposes or allows or permits the disposal
of litter or other solid waste at a place that is not an approved solid waste site,
including a place on or within 300 feet of a public highway, on a right-of-way,
on other public or private property, or into inland or coastal water of the state.
|
|
|
A person commits an offense if the person receives litter or other solid waste for
disposal at a place that is not an approved solid waste site, regardless of whether
the litter or other solid waste or the land on which the litter or other solid wste
is disposed is owned or controlled by the person. |
|
|
A person commits an offense if the person transports litter or other solid waste
to a place that is not an approved solid waste site for disposal at the site. |
|
|
An offense under this section is a Class C misdemeanor if the litter or solid waste
to which the offense pllies weigh five pounds or less or has a volume of five gallons
or less. |
|
|
An offense under the section is a Class B misdemeanor if the litter or other solid
waste to which the offense applies weighs more than five pounds but less then 500
pounds or has a volume of more than five gallons but less than 100 cubic feet. |
|
|
An offense under this section is a Class A misdeanor if:
- the litter or other solid wste to which the offense applies weighs 500 pounds or
more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less
than 200 cubic feet; or
- the litter or solid waste is disposed for a commerical purpose and weighs more then
five pounds but less then 200 pounds or has a volume of more then five gallons but
less than 200 cubic feet.
|
|
|
An offense under this section is a state jail felony if the litter or solid waste
to which the offense applies:
- weighs 1,000 pounds or more or has a volume of 200 cubic feet or more;
- is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume
of 200 cubic feet or more; or
- is contained in a closed barrel or drum.
|
|
|
If it is shown on the trial of the defendant for an offense under this section that
the defendant has previously been convicted of an offense under this section, the
punishment for the offense is increased to the punishment for the next highest category.
|
|
|
On conviction for an offense under this section, the court shall provide to the
defendant written notice that a subsequent conviction for an offense under this
section may result in the forfeiture under Chapter 59, Code of Criminal Procedure,
of the vehicle used by the defendant in committing the offense. |
|
|
The offenses prescribed by this section include the unauthorized disposal of litter
or other solid waste in a dumpster or similar receptacle. |
|
|
|