Quick Facts On Environmental Crimes

Property Owners and local governments spend large amounts of money each year cleaning up wastes deposited by uncaring individuals.  These monies easily reach into the millions of dollars and some of the money is your tax dollars.  These individuals do not care that their waste are polluting your lands, water and air and that future generations will be affected by their selfish acts.

Crimes

Unlawful Dumping - Health and Safety Code 365.012

1) A person commits an offense if the person disposes 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 right of way or highway, or on other public or private property, or into waters of the state.

2) 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 solid waste is disposed of on land the individual owns.

3) A person commits an offense if the person transports litter or solid waste to a place that is not an approved solid waste site.

Penalties

1) An offense under this section is a Class C Misdemeanor if the litter or solid waste for which the offense applies, weighs 5 pounds or less or has a volume of 5 gallons or less.

2) An offense under this section is a Class B Misdemeanor if the litter or solid waste for which the offense applies, weighs more that 5 pounds but less than 500 pounds, or has a volume of more than 5 gallons but less than 100 cubic feet.

3) An offense under this section is a Class A Misdemeanor if the litter or solid waste to which the offense applies weighs 500 pounds or more but less than 1000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet.

4) An offense under this section is a Class A Misdemeanor if the litter or solid waste is disposed of for a commercial purpose (Economic Gain) and weighs more than 5 pounds but less than 200 pounds or has a volume of more than 5 gallons but less than 200 cubic feet.

5) An offense under this section is a State Jail Felony if the litter or solid waste to which the offense applies weighs 1000 pounds or more or has a volume of 200 cubic feet or more, or is disposed of for a Commercial Purpose and weighs 200 pounds or more or has a volume of 200 cubic feet.

Site Note

If it is shown at trial that the defendant has been previously found guilty of an offense under this section, the punishment increases to the next higher catagory.

On conviction for an offense under this section, the court shall provide to the deffendant written notice that a subsequent conviction for an offense under this section may result in forfeiture (Chapter 59 C.C.P.) of the vehicle used by the defendant in committing the offense.  The offense prescribed by this section also includes the unauthorized disposal of litter or solid waste in a dimpster or receptacle, belonging to another.

Definition of Litter - Health and Safety Code 365.011

Decayable waste from a public or private establishment, residence or restaurant and include animal and vegetable material from a market or storeage facility for the handling or storing or produce or food products.  Non-decayable solid waste, except ashes, but including combustible materials such as paper, rags, cartons, wood, furniture, rubber, plastics, yeard trimmings or leaves or simular materials.  Non-combustible solid waste such as glass, crockery, tin, or aluminum cans, metal furniture and similar materials.  Discarded or worn out materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, building or construction materials, appliances or scrap metals.

Lead Acid Batteries (Vehicle Batteries) - Texas Water Code 7.185

Dumping of any lead acid batteries such as batteries from automobiles, aircraft and power equipment is a criminal offense, punished by up to 1 year in jail and a $4000.00 fine.

Used Motor Oil - Texas Water Code 7.176

Dumping any amount of used motor oil onto the ground is a Felony offense, punisable by up to 2 years in a state jail and/or a $10,000.00 fine.

Dumping in Waters, Streams, Lakes or ponds - Texas Water Code 7.145/7.147

Illegal dumping of any waste material in waters of the state, streams, lakes, or ponds is a State Jail Felony, punishable by a $10,000.00 fine and/or up to 2 years in a state jail.

Unlawful Outdoor Burning - Texas Administrative Code Chapter 30 section 111

The burning of plastics, rubber, treated lumber or any other air polutant is a crime.  The burning of brush, trees, stumps or trash for commercial gain (Companies hired to remove waste from one site to another for disposal) is a crime.  On site residential burning is approved for wastes generated on that property (ie, down tree limbs, leaves etc), however the property owner/occupant must comply with the restrictions set forth in Texas Administrative Code chapter 30 section 111, such as a 300 foot distance from the nearest occupied structure or sensitive receptor, wind speed, humidity and time of day.  No active burning may commense after dark.

Unauthorized Use of Another Persons Dumpster - Penal Code 31.04   HSC 365.012

The unauthorized use of another persons dumpster, including the unauthorized use of a business dumpster is a crime.  You may be punished under the Texas Penal Code for Class B Misdemeanor Theft or for Illegal Dumping.  If the dimpster has not been rented by you, or you do not have permission of the owner/leasee, you are committing a crime when you use it.

Junked Vehicles - Transportation Code 683.072

The definition of a Junked Vehicle is,

1) a vehicle that is self propelled and:

2) does not have lawfully attached

    (a) an unexpired license plate

    (b) a valid motor vehicle inspection is inoperable and has remained inoperable for

          more than

        (1) 72 consecutive hours if the vehicle is on public property; or

        (2) 30 consecutive days if the vehicle is on private property.

3) A junked vehicle is declared a Public Nuisance by state law.

Offense

    (a) A person commits an offense if the person maintain a public nuisance as described in 683.072

    (b) An offense under this section is a Class C Misdemeanor, punishable by a fine not exceeding $200.

Used Tire Dumping - Health and Safety Code 365.012 (Also HSC 341 and HSC 343)

A person commits an offense if the person disposes of any amount of used tires, permits the disposal of used tires or receives used tires for disposal at a place that is not an approved solid waste site, or on or within 300 feet of a public right of way or on public or private property or into waters of the state.  Additional penalties may be imposed for transporting used tire without the proper manifest.