6.620 — ILLEGAL DUMPING INTO A SEWERAGE SYSTEM

Violations of "Statute 6.620" results in a Class A Misdemeanor

(a) Definitions

Illegal dumping into a sewerage system refers to the unlawful act of discharging waste materials, pollutants, or contaminants into a municipal or private sewer system, drainage system, or any part of the wastewater infrastructure. This includes materials such as chemicals, oils, construction debris, hazardous substances, or any non-sanitary waste that poses a risk to public health, the environment, or the functioning of the sewerage system.

(b) Elements

To establish the offense of illegal dumping into a sewerage system, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly or intentionally discharged or allowed the discharge of waste materials into a sewer system.
The waste materials discharged were not authorized or permitted for disposal into the sewerage system, such as chemicals, oils, hazardous substances, or non-sanitary waste.
The defendant's actions resulted in or had the potential to result in contamination, environmental harm, or damage to the sewerage system.
The defendant's actions were done without appropriate permits or in violation of any applicable environmental regulations or guidelines.

(c) Defenses

Defenses against a charge of illegal dumping into a sewerage system may include:

The defendant was unaware that the substance they discharged was prohibited for disposal in the sewer system.
The defendant had permission from the appropriate authority to discharge the material into the sewerage system.
The discharge was accidental, such as a spill or unintentional release, and the defendant took immediate steps to mitigate the impact.
The discharge did not cause any significant harm or damage to the sewerage system or the environment.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The waste materials discharged were hazardous or toxic, causing significant environmental harm or risk to public health.
The defendant was a repeat offender or had previously been warned or cited for similar actions.
The illegal dumping resulted in a significant disruption to the functioning of the sewerage system, requiring costly repairs or remediation efforts.
The defendant intentionally dumped materials into the system in a manner that posed a severe risk to public safety, such as the release of flammable or corrosive substances.

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(a) Definitions

(b) Elements

To establish the offense of illegal dumping into a sewerage system, the prosecution must prove beyond a reasonable doubt the following elements:

The defendant knowingly or intentionally discharged or allowed the discharge of waste materials into a sewer system.

The waste materials discharged were not authorized or permitted for disposal into the sewerage system, such as chemicals, oils, hazardous substances, or non-sanitary waste.

The defendant's actions resulted in or had the potential to result in contamination, environmental harm, or damage to the sewerage system.

The defendant's actions were done without appropriate permits or in violation of any applicable environmental regulations or guidelines.

Defenses against a charge of illegal dumping into a sewerage system may include:

The defendant was unaware that the substance they discharged was prohibited for disposal in the sewer system.

The defendant had permission from the appropriate authority to discharge the material into the sewerage system.

The discharge was accidental, such as a spill or unintentional release, and the defendant took immediate steps to mitigate the impact.

The discharge did not cause any significant harm or damage to the sewerage system or the environment.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

The waste materials discharged were hazardous or toxic, causing significant environmental harm or risk to public health.

The defendant was a repeat offender or had previously been warned or cited for similar actions.

The illegal dumping resulted in a significant disruption to the functioning of the sewerage system, requiring costly repairs or remediation efforts.

The defendant intentionally dumped materials into the system in a manner that posed a severe risk to public safety, such as the release of flammable or corrosive substances.