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Illegal Dumping
Illegal dumping includes the disposal of any type of material, organic or inorganic, in any public or private location that is not designated as a waste disposal site. While many people think of illegal dumping as throwing out garbage bags full of materials or oil dumping, even throwing litter into the ditch or along the road can be classified as illegal dumping under some state laws.
Illegal Dumping Penalties
Depending on the location where the illegal dumping occurred there can be a variety of types of penalties. Illegal dumping and littering charges are typically defined by state and local authorities so therefore there is significant variation. Generally fines will range from a few hundred dollars up to several thousand dollars in clean up costs for the area. In some areas the penalties may also include the requirement of the convicted to reclaim the site completely at their own expense to the satisfaction of the court or appointed official within a specific time period.
Possible Penalties
- Fines of up to several thousand dollars
- Restitution to the property owner
- Community service
Illegal Dumping Sentencing
An individual with a first time charge of illegal dumping will typically face minimum fines provided they were not dumping hazardous or toxic types of materials. These individuals may also be required to complete or participate in the recovery of the area and the required clean-up. Companies, organizations or repeat offenses tend to have very significant fines which can include full compensation to the local or state government for full clean-up costs and other expenses. The court will typically consider all factors and the environmental impact of the dumping when establishing the sentence. Lawyers that are familiar with defense of these cases can provide information to the court to accurately reflect what was dumped and what the environmental impact may be.
Get Help For Illegal Dumping Charges
Illegal dumping is very difficult to fight, especially if there is video evidence or eye-witness evidence as to the dumping activity. Even in these cases a criminal defense attorney may be able to get the charges reduced or a complete understanding of the issue presented to the court. You can also prevent huge fines and recovery costs for the dump site with an attorney to represent you in court.
- If you have been charged with Illegal Dumping, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.
Illegal Dumping: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | $500-$250000 | 6 months-4 years | 3-5 years | community service |
| Alaska | up to $18 million | Varies Widely by Case | Varies by Case | Not Available |
| Arizona | $1,000 Per Day per violation and up to $15,000 for each violation | Varies Widely by Case | Varies by Case | Not Available |
| Arkansas | 1000-150000 | 1-10 years | 5-7 years | CS |
| California | 1500-25.000 | 6m-10yrs | 5 years | CA |
| Colorado | 50000 | 6 months in jail | no probation | up to 200 hours of community service |
| Connecticut | $219 - 25,000 per day | Varies Widely by Case | Varies by Case | If caught dumping with your vehicle it can be confiscated, you will pay a fine and are also subject to arrest. Can also be sued for clean-up costs and the collection of bigger fines=up to $25,000 per day. Dumping can be punishable under federal law. |
| Delaware | unlimited fines at the sentencing court’s discretion | Varies Widely by Case | Varies by Case | Not Available |
| Florida | 5000 | 5 years | three years | Environmental Crime Reporting |
| Georgia | 900000 | fifty-two years | Varies by Case | Work program |
| Hawaii | up tp 50000 | 1 to 25 years | 5 years | CS |
| Idaho | up to $500 | 12 years | 18 months | 9 days suspended, |
| Illinois | up to 1500 for first offense and up to $3000 for subsequent offense | at the discretion of the court | at the discretion of the court | at court's discretion |
| Indiana | 2000 | up to 6 months | One year | Not Available |
| Iowa | up to $5,000 per day | Varies Widely by Case | Varies by Case | Not Available |
| Kansas | up to $25,000 | Varies Widely by Case | Varies by Case | Not Available |
| Kentucky | $2.50-per-ton | min 1 year | 6 years | Not Available |
| Louisiana | up to $25000 | up to 30 days | 2 to 3 years | Not Available |
| Maine | 100,000-500,000 | 7-15 years | 5 years min | CS |
| Maryland | 10,000-20,000 Companies | 5-15 years | 5 years | CS |
| Massachusetts | 1500-100.000 | 6m-10 yrs | 5 years | CA |
| Michigan | 20,000-100,000 | 2-25 years | 5-15 years | Not Available |
| Minnesota | # Misdemeanor- entered on driving record. # 2nd office a minimum fine of $400 up to $700 Minnesota Department of Transportation can bill an individual for retrieving and disposing of illegal dumped items. | Varies Widely by Case | Varies by Case | Not Available |
| Mississippi | $500 to $3000 | up to 1 year | up to 1 year | restitution |
| Missouri | $250 and up, depending on what is dumped | No jail time | Up to 2 years, depending on what is dumped and prior convictions | 1000-5000 hours of litter collection (community service); Must pay for clean up |
| Montana | up to $10,000 | up to 2 years | Instead of jail time, they could be put on probation. | The person(s) could be fined one or the other, or both penalties. Community service can be assigned also. |
| Nebraska | 500 | 0-3 months | Varies by Case | Not Available |
| Nevada | 1000 | 6 months | 3 years | private lands |
| New Hampshire | 30,000 max | 1 year min | 10 years | Not Available |
| New Jersey | max 50,000 for in 500000 for companies | 1-25 years | 10 years | CS |
| New Mexico | up to 100.000 | up to 10 years | 7-10 years | CS |
| New York | 100,000 min | 10-15 years possible | 5-10 years | CS |
| North Carolina | $250 up to $1,000 | Varies Widely by Case | Varies by Case | A person may be required to perform community service for no less than 8 up to 24 hours. |
| North Dakota | 10000 | 4 1/2 to 6 years | one year | community service |
| Ohio | 12.000-100.000 | 6m-15 yrs | 10 year max | CS |
| Oklahoma | 100,000-250,000 | 10-15 years max | 7-10 years special | Not Available |
| Oregon | A civil fine ofor each infractionf not more than $500 | Varies Widely by Case | Varies by Case | Not Available |
| Pennsylvania | 250000 | 10 to 20 years | Varies by Case | Not Available |
| Rhode Island | 100 | 1 month | Varies by Case | community service |
| South Carolina | $200 - $1087.00 | 30 days to 1 year | No probation | 15 hours litter-gathering labor |
| South Dakota | $2000 - 4000 | 1 year in county jail to 2 years in state penitentiary | Varies by Case | Not Available |
| Tennessee | up to $50 | up to 30 days | Varies by Case | Not Available |
| Texas | up to $2000 | two years | Varies by Case | Not Available |
| Utah | 100000 | 25 years | life | cs |
| Vermont | Up to $500 | Varies Widely by Case | Varies by Case | Up to 80 hours community service picking up litter; driving privileges can be suspended for up to 10 days |
| Virginia | The maximum penalty is a fine of $100000 | The maximum penalty five years in prison | Varies by Case | Not Available |
| Washington | 25,000-100,000 | 7-15 years | 10 years max | CS |
| West Virginia | min $500 | 10 to 20 years | 5 years | Not Available |
| Wisconsin | 10.00-50.000 | 10-15 yrs | 5 years | Not Available |
| Wyoming | £50 | 3 months | Varies by Case | Not Available |