Environmental Crimes | City of Pearland, TX

The Pearland Fire Marshal’s Office works diligently to stop illegal dumping by:

Investigating citizen complaints regarding illegal dumping and environmental crimes;

Conducting surveillance of sites for possible violations;

Issuing civil and criminal citations;

Preparing criminal cases for prosecution.

What is Illegal Dumping?
Why is Dumping Illegal?

It is illegal to dump trash anywhere other than a licensed landfill. Dumping garbage along the roadside, in a ditch, or in a bayou is against the law and punishable by large fines. Under the Texas Health and Safety Code, the following are violations:

Dumping in a place other than an approved solid waste site
Transporting material to a place other than an approved waste site for the purpose of disposal
Receiving materials for the purpose of disposal in a place other than an approved solid waste site
Unauthorized dumping in a dumpster or similar receptacle

Commercial Illegal Dumping
Used Oil Dumping
Bio-Medical Waste Dumping

Texas Health and Safety Code, 365.

An offense is a Class A Misdemeanor if the solid waste is disposed of for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet.

Penalty

Confinement of up to one year and up to $4,000 fine.
State Jail Felony commercial dumping 200 pound or more or a volume of 200 cubic feet or more.
State Jail Felony 180 days up to two years confinement and up to $10,000 fine.
Corporation up to $20,000 fine.
Upon second conviction, charges enhance to a 3rd degree felony with penalty 2-10 years confinement and up to $10,000 fine.

Class C Misdemeanor

Class B Misdemeanor

Class A Misdemeanor

An offense is a Class A misdemeanor if:

the litter or other solid waste to which the offense applies weighs 500 pounds or more but less than 1,000 pounds
- OR has a volume of 100 cubic feet or more but less than 200 cubic feet
the litter or other solid waste is disposed for a commercial purpose
weighs more than five pounds but less than 200 pounds
- OR has a volume of more than five gallons but less than 200 cubic feet

Penalty

Jail up to one year and a fine of up to $4,000.
Second conviction State Jail Felony180 days up to two years confinement and up to $10,000 fine.
Corporation up to $20,000 fine.

State Jail Felony

An offense under this section is a state jail felony if the litter or solid waste to which the offense applies:

weighs 1,000 pounds or more OR has a volume of 200 cubic feet or more;
is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more
is contained in a closed barrel or drum.

Penalty

State Jail Felony 180 days up to two years confinement and up to $10,000 fine.
Corporation receve up to $20,000 fine.
Upon second conviction, charges enhanced to a 3rd degree felony with penalty 2-10 years confinement and up to $10,000 fine.