6.621 — ILLEGAL DUMPING

Violations of "Statute 6.621" results in a Class A Misdemeanor

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(a) Definitions

Illegal dumping refers to the unlawful disposal of waste or materials in unauthorized locations, such as public or private property, roadsides, vacant lots, or any area not designated for waste disposal. This includes the improper disposal of items such as household trash, construction debris, hazardous waste, large appliances, and other materials that pose a risk to public health, the environment, or local communities.

(b) Elements

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

• The defendant knowingly or intentionally dumped waste or materials at an unauthorized location.

• The materials dumped were not allowed to be disposed of in that location, including but not limited to hazardous, non-biodegradable, or bulky items.

• The defendant's actions caused or had the potential to cause environmental harm, public safety risks, or a violation of local waste disposal regulations.

• The defendant did not have permission or a permit to dump the materials in the location.

(c) Defenses

Defenses against a charge of illegal dumping may include:

• The defendant was unaware that the dumping was taking place at an unauthorized location.

• The materials were disposed of unintentionally, such as a spill or accident, without any intent to break the law.

• The defendant had a reasonable belief that they had permission to dump the materials at the location.

• The materials were not harmful or disruptive to the environment or public safety.

(d) Aggravating Factors

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

• The defendant dumped hazardous or toxic materials, causing significant environmental damage or health risks.

• The illegal dumping occurred in a sensitive area, such as near a water source, wildlife habitat, or residential area.

• The defendant was a repeat offender or had previously been warned or fined for similar conduct.

• The dumping led to significant cleanup costs or required substantial efforts by local authorities to address the damage or danger caused.