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Environmental Crimes
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In mid-summer of 2002, the Smith County Commissioners Count,
with grant assistance from the East Texas Council of Governments in Kilgore,
approved the forming of a Litter Abatement program in Smith County. The program
was brought about because of the ever increasing problem of unlawfully discarded waste.
From the small beginnings of the program, it has evolved into a department that investigates:
- the illegal dumping of wastes;
- public nuisance properties;
- junked vehicles;
- unlawful disposal of used motor oil and lead acid batteries
- used tire dumping;
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unlawfull use of business dumpsters;
- disposal of chemical and medical waste;
and
- commercial business dumping and water and air crimes.
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Because of it's dilligence, the Unit has been recognized and honored by the
Texas House of Representatives, the Texas Commission on Environmental Quality,
the East Texas Council of Governments, the Texas Environmental Law Enforcement
Association, the Tyler Chamber of Commerce, Keep Texas Beautiful and local and
national media.
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A Division of the Office of Pct. 5
Constable Dennis Taylor
P.O. Box 609
Lindale, Texas 75771
Phone: (903) 590-4904
Phone: (903) 590-4905
Fax: (903) 822-0354
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The unit employes two full time investigators, certified in environmental
crimes and traditional state law. Both investigators, who are licensed by
the State of Texas as Peace Officers, have countywide jurisdiction.
Both Investigators are available to public groups, civic organizations
and schools to speak on environmental crimes, their effects and how to break the
cycle of environmental crimes. Sgt. Brasher is a certified TCLEOSE Instructor and
is available to teach environmental law to local governmental officials, peace officers,
prosecutors and judges.
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Quick Facts
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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.
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Health and Safety Code 365.012
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- 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.
- 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.
- A person commits an offense if the person transports litter or solid waste to a place that is not an approved solid waste site.
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Penalties
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- 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.
- 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.
- 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.
- 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.
- 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
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Site Note
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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 defendant 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.
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Health and Safety Code 365.011
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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.
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Texas Water Code 7.185
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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
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Texas Water Code 7.176
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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
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Texas Water Code 7.145/7.147
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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
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Texas Administrative Code Chapter 30 Section 111
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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.
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Penal Code 31.04 HSC 365.012
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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
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Transportation Code 683.072
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- a vehicle that is self propelled and;
- does not have the following lawfully attached:
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- an unexpired license plate;
- a valid motor vehicle inspection is inoperable and has remained inoperable for more than:
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- 72 consecutive hours if the vehicle is on public property; or
- 30 consecutive days if the vehicle is on private property
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- A junked vehicle is declared a Public Nuisance by state law
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Offense
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- A person commits an offense if the person maintain a public nuisance as described in 683.072;
- An offense under this section is a Class C Misdemeanor, punishable by a fine not exceeding $200.
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Health and Safety Code 365.013 (also HSC 341 and HSC 343)
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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
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