Illegal dumping is a serious offense in Texas, and using someone else’s dumpster without permission is considered illegal dumping.
Depending on the amount and type of waste, the penalties can be quite severe.
Here’s a detailed breakdown of the penalties for non-commercial and commercial dumping in Texas.
Non-Commercial Dumping
- Under 5 pounds / 5 gallons of liquid (H&S 365.012(d)): This includes items like fast food bags, cigarette butts, and soda cans. The penalty is a fine of up to $500.
- 5 to 500 pounds / 5 gallons to 100 cubic feet (H&S 365.012(e)): This covers larger items such as old tires, couches, mattresses, and futons. The penalty can be a fine of up to $2,000 or jail time of up to 6 months.
- 500 to 1000 pounds / 100 to 200 cubic feet (H&S 365.012(f)): This includes items like rolls of carpet, refrigerators, washers/dryers, and brush piles. The penalty is a fine of up to $4,000 or jail time of up to 1 year.
- Over 1000 pounds / Over 200 cubic feet (H&S 365.012(g)): This includes large dumpsites, several appliances, cement/asphalt piles, or abandoned vehicles. The penalty is a fine of up to $10,000 or state jail time of up to 2 years.
Commercial Dumping
- Under 5 pounds / 5 gallons (H&S 365.012(d)): Similar to non-commercial dumping, items like fast food bags, cigarette butts, and soda cans carry a fine of up to $500.
- 5 to 200 pounds / 5 gallons to 200 cubic feet (H&S 365.012(f)): Items like old tires and mattresses fall into this category. The penalty is a fine of up to $4,000 or jail time of up to 1 year.
- Over 200 pounds / 200 cubic feet (H&S 365.012(g)): This includes large dumpsites, several appliances, cement/asphalt piles, or abandoned vehicles. The penalty is a fine of up to $10,000 or state jail time of up to 2 years.
Both Non-Commercial & Commercial Dumping
- Any waste contained in a closed barrel or drum (H&S 365.012(g)): The penalty for dumping waste in a closed barrel or drum is a fine of up to $10,000 or state jail time of up to 2 years.
Using Someone Else’s Dumpster
Using someone else’s dumpster without permission is treated the same as illegally dumping the same amount of solid waste.
This action can also be prosecuted under Texas Penal Code 31.04, which deals with the unlawful use of property.
Dumping Adjacent to Water in the State
- Dumping in or adjacent to water (TWC 7.145): This includes discharge from a point source. The penalty ranges from a $1,000 to $100,000 fine or prison time up to 5 years.
Waste Oil Dumping
- Dumping into the sewer or any water (TWC 7.176(a)(1)): The penalty is a fine of up to $50,000 or prison time of up to 5 years.
- Dumping on the ground or into a landfill (TWC 7.176(a)(2)): The penalty is a fine of up to $50,000 or prison time of up to 5 years.
- Dumping on roads or land for dust suppression, weed abatement, etc. (TWC 7.176(a)(4)): The penalty is a fine of up to $50,000 or prison time of up to 5 years.
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Dumping Lead-Acid Batteries
- Unauthorized disposal of lead-acid batteries (TWC 7.185): The penalty is a fine of up to $4,000 or jail time of up to 1 year.
Illegal Outdoor Burning
- Burning in violation of Texas Outdoor Burning Regulations, 30 T.A.C. 111(b) (TWC 7.177): The penalty ranges from a $1,000 to $50,000 fine or jail time up to 6 months.