Overview
of Oklahoma Laws and Regulations On
Solid Waste Crimes, Punishments, & Penalties
Oklahoma Statutes - Title 21 - Crimes & Punishments - Chapter 69
§1753.3 - Throwing Lighted Cigarette or Article Which May Cause Fire on State or Federal Highway - Throwing Garbage or Debris on Highway - Misdemeanor-Penalty
§1761.1- Dumping, etc. of Trash on Public or Private Property Without Consent - Penalties - Bail
Oklahoma Statutes - Title 21 - Complementary Laws - Chapter 48
§1205 -- Violations of Act- Dump Ground Officially Approved
§1208 - Abandonment of Refrigerator or Icebox in Place Accessible to Children.
Oklahoma Statutes - Title 21 - Environmental Crimes Act - Chapter 49A
§1230.1 - Environmental Crimes
§1230.2 - Definitions
§1230.3 - Unlawful Hazardous Waste Transportation Offense
§1230.4 - Unlawful Waste Management
§1230.5 - Unlawful False Statements and Acts Concerning Permits and Waste
§1230.6 - Unlawful disposal of hazardous Waste - Offense
§1230.8 - Penalties & Fines
§1230.9 - Double Fines
§1230.10 - Intent Not to Repeal Existing laws - Penalties Additional to Civil or Administrative Penalties
Oklahoma Statutes - Title 27A - Oklahoma Solid Waste Management Act - Chapter 2
§2-10-301 - Permit Required - Notice
§2-10-1001 - County Solid Waste Management Systems
Oklahoma Statutes - Title 22 - Chapter 25
§1334- Rewards for Littering Offenses
252: 100-13-2 - Definitions
252: 100-13-5 - Open Burning Prohibited
252: 100-13-7 - Permissible Open Burning
§252: 520-17-1 - Local Ordinances
§252: 520-17-2 - Requirements for Cities and Towns
§252: 520-17-3 - Adequate Enclosure
Oklahoma Statutes, Title 21, Crimes and Punishments
Chapter 69
§1753.3. Throwing Lighted Cigarette or Article Which May Cause Fire on State or Federal Highway-Throwing Garbage or Debris on Highway- Misdemeanor-Penalty
A. The operator of a vehicle, unless any other person in the vehicle admits to or is identified as having committed the act, shall be liable pursuant to subsection B of this section for any act of throwing, dropping, depositing, or otherwise placing any litter from a vehicle upon highways, roads, or public property.
B. Any person convicted of violating the provisions of subsection A of this section shall be subject to a state traffic offense punishable by a fine of not more than One Thousand ($1,000.00) and upon conviction shall be sentenced to perform not less than five (5) nor more than twenty (20) hours of community service in a litter abatement work program as approved by the court, or the violator may be subject to criminal prosecution as provided by the provisions of Section 1761.1 of this title. The penalties collected from the payment of such citations shall, after deduction of court costs, be paid into the reward fund created pursuant to Section 1334 of Title 22 of the Oklahoma Statutes.
C. As used in this section, "litter" means any flaming or glowing substances except those which by law may be placed upon highway rights-of-way, any substance which may cause a fire, any bottles, cans, trash, garbage, or debris of any kind. As used in this section, "litter" shall not include trash, garbage, or debris placed beside a public road for collection by a garbage or collection agency, or deposited upon or within public property designated by the state or by any of its agencies or political subdivisions as an appropriate place for such deposits if the person making the deposit is authorized to use the property for such purpose.
Oklahoma Statutes, Title 21. Crimes and Punishments
Chapter 69
§1761.1. Dumping, etc, of Trash on Public or Private Property Without Consent- Penalties-Bail
A. Any person who deliberately places, throws, drops, dumps, deposits, or discards any garbage, trash, waste, rubbish, refuse, debris, or other deleterious substance on any public property or on any private property of another without consent of the property owner shall be deemed guilty of a misdemeanor.
B. Any person convicted of violating the provisions of subsection A of this section shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than Five Thousand Dollars ($5,000.00) or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment.
C. In addition to the penalty prescribed by subsection B of this section, the court shall direct the person to make restitution to the property owner affected; to remove and properly dispose of the garbage, trash, waste, refuse, or debris from the property; to pick up, remove, and properly dispose of garbage, trash, waste, rubbish, refuse, debris, and other nonhazardous deleterious substances from public property; or perform community service or any combination of the foregoing which the court, in its discretion, deems appropriate. The dates, times, and locations of such activities shall be scheduled by the sheriff pursuant to the order of the court in such a manner as not to interfere with the employment or family responsibilities of the person.
D. In addition to the penalty prescribed in subsection B of this section and the restitution prescribed in subsection C of this section, the court may order the defendant to pay into the reward fund as prescribed in Section 1334 of Title 22 of the Oklahoma Statutes an amount not to exceed Two Thousand Dollars ($2,000.00).
E. The discovery of two or more items which have been dropped, dumped, deposited, discarded, placed, or thrown at one location and which bear a common address in a form which tends to identify the latest owner of the items shall create a rebuttable presumption that any competent person residing at such address committed the unlawful act. The discovery or use of such evidence shall not be sufficient to qualify for the reward provided in Section 1334 of Title 22 of the Oklahoma Statutes.
F. Any person may report a violation of this section, if committed in their presence, to an officer of the State Highway Patrol, a county sheriff or deputy, a municipal law enforcement officer or any other peace officer in this state. The peace officer shall then conduct an investigation into the allegations, if warranted. If a violation of this section has in fact been committed, and the peace officer has reasonable cause to believe a particular person or persons have committed the violation, a report shall be filed with the District Attorney for prosecution.
G. Notwithstanding the provisions of subsection F of this section, any peace officer of this state or of any political subdivision of this state may issue a state traffic citation to any person committing a violation of subsection A of this section. Such state traffic citation shall be in an amount not exceeding Two Hundred Dollars ($200.00) and the penalties collected from the payment of such citations shall, after deduction of court costs and five percent (5%) of any fines collected to be retained by the court clerk as an administrative expense, be divided as follows:
1. One half (½) shall be paid into the reward fund created pursuant to Section 1334 of Title 22 of the Oklahoma Statutes; and
2. One half (½) shall be paid into the sheriff's service fee account for that county to be used for enforcing provisions of this section.
H. The amount of bail for littering offenses specified in Section 1753.3 of Title 21 of the Oklahoma Statutes and for trash dumping offenses specified in this section shall be the amount of fine specified in each statute plus costs including any penalty assessment, as well as costs incurred in Section 1313.3 of Title 20 of the Oklahoma Statutes.
Chapter 25
§1334. Rewards for Littering Offenses
A. The boards of county commissioners of counties and the governing bodies of municipalities may offer and pay a reward, from funds set aside for that purpose, in an amount not to exceed fifty percent (50%) of the fine imposed, for the arrest and conviction or for evidence leading to the arrest and conviction of any person who violates the provisions of Sections 1753.3 or 1761.1 of Title 21 of the Oklahoma Statutes.
B. The board of county commissioners or the governing body of the municipality may create and maintain a reward fund in the county or municipal treasury which shall be a revolving fund not subject to fiscal year limitations, from which to pay the rewards provided for in subsection A of this section, and to offset the costs of any special enforcement programs originated by any law enforcement agency responsible for the arrest or prosecution of any person who violates the provisions of Sections 1753.3 or 1761.1 of Title 21 of the Oklahoma Statutes. These costs may include, but may not be limited to, posting of signs along the state's highways advising motorists of the fines for littering or illegal dumping.
C. The board of county commissioners may provide for the publication, advertisement and countywide distribution to the public of information as to the reward program specified by this section.
D. Claims for rewards shall be on forms provided by the county or municipality and shall be submitted to the prosecuting attorney of the county or municipality no later than thirty (30) days after sentencing of the defendant. The prosecuting attorney shall investigate the validity of the claim and make a nonbinding written recommendation to the board of county commissioners or governing body of the municipality.
E. All claims relating to a conviction shall be considered together at the next regular meeting of the board of county commissioners or governing body of the municipality following receipt of the prosecuting attorney's report.
F. In determining the amount of the reward, the board of county commissioners or the governing body of the municipality shall have sole discretion to honor or deny the claim, but shall consider:
1. The severity of the offense;
2. The size of the fine imposed;
3. The number of persons claiming a reward and the degree to which each claimant was responsible for the arrest or conviction;
4. The burden, if any, incurred by the claimant including cost to appear at trial; and
5. Other factors which the board or governing body deems appropriate.
G. No reward shall be authorized and no debt shall accrue to the county or municipality upon the depletion of the reward fund authorized by this section.
H. The reward authorized by this section shall be in lieu of any other county or municipal reward.
I. Full-time peace officers of this state or of any county or municipality within this state shall not be eligible for the reward provided by this section.
J. All courts assessing and receiving reward funds as required by Sections 1753.3 and 1761.1 of Title 21 of the Oklahoma Statutes shall provide appropriate transfer of the reward funds to the proper county or municipal reward fund as prescribed by the provisions of this section.
Oklahoma Statutes, Title 21. Complementary Laws:
Chapter 48
§1205 -- Violations of Act- Dump Ground Officially Approved
It shall be unlawful for any person to throw or leave or deposit garbage, tin cans, junk, rubbish or refuse and other items and matters commonly referred to as trash within one hundred (100) yards of any state highway or any county road. Provided, however, that any city or town operating or desiring to operate a solid waste disposal site within the distance above prescribed may establish said solid waste disposal site when said solid waste disposal site is approved by the Oklahoma Department of Environmental Quality.
§1208 - Abandonment of Refrigerator or Icebox in Place Accessible to Children.
Any person, firm or corporation who abandons or discards, in any place accessible to children, any refrigerator, icebox, or ice chest, of a capacity of one and one-half (1 ½) cubic feet or more, which has an attached lid or door which may be opened or fastened shut by means of an attached latch, or who, being the owner, lessee, or manager of such place, knowingly permits such abandoned or discarded refrigerator, icebox or ice chest to remain in such condition, shall be deemed negligent as a matter of law and shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than Five Hundred Dollars ($500.00), or imprisoned not more than one (1) year, or both such fine and imprisonment.
Oklahoma Statutes, Title 21 Environmental Crimes Act
Chapter 49A
§1230.1 -- Environmental Crimes
Sections 339 through 347 of this act shall be known and may be cited as the "Environmental Crimes Act".
§1230.2 -- Definitions
As used in the Environmental Crimes Act:
1. "Waste" means at least twenty-eight (28) gallons or two hundred twenty (220) pounds, whether liquid or solid, of discarded materials and byproducts including but not limited to trash, refuse, garbage, biomedical waste, sewage, ash, sludge, deleterious substances, oil field wastes, commercial and industrial waste and chemical waste.
2. "Hazardous waste" means:
The term hazardous waste shall not include the handling, hauling, storage and disposition of salt water, mineral brines, waste oil and other deleterious substances produced from or obtained or used in connection with the drilling, development, producing and processing of oil and gas, including reclaiming of oil from tank bottoms located on leases and tank farms located outside the boundaries of a refinery.
§1230.3 -- Unlawful Hazardous Waste Transportation-Offense
Any person who knowingly and willfully transports or causes the transportation of hazardous waste within the State of Oklahoma without a proper manifest, as prescribed in the Oklahoma Hazardous Waste Management Act, commits the offense of unlawful hazardous waste transportation.
§1230.4 -- Unlawful waste management
Any person required by law to have a permit or authorization from the Oklahoma Department of Environmental Quality, the Oklahoma Corporation Commission or the Oklahoma Department of Agriculture to receive, store, treat, process, recycle or dispose of waste, who without such permit or authorization knowingly and willfully receives, stores, treats, processes, recycles or disposes of waste, commits the offense of unlawful waste management.
§1230.5 -- Unlawful False Statements and Acts Concerning Permits and Waste
A. It shall be unlawful to knowingly and willfully.
B. Any person who violates the provisions of this section commits the offense of unlawful misrepresentation of waste.
§1230.6 -- Unlawful Disposal of Hazardous Waste - Offense
Any person who knowingly and willfully fails to secure a permit required by or pursuant to law, and who, without lawful permit or authorization, knowingly and willfully disposes, directs the disposal or aids and abets the disposal of hazardous waste into a sanitary sewer system without appropriate pretreatment, or at a solid waste landfill, transfer station or processing facility, or at any unpermitted disposal place commits the offense of unlawful disposal of hazardous waste.
§1230.8 -- Penalties and Fines
Any person convicted of the offense of:
1. Unlawful hazardous waste transportation shall be guilty of a felony punishable by imprisonment for not more than five (5) years or a fine of not more than Twenty-five Thousand Dollars ($25,000.00) or both such fine and imprisonment;
2. Unlawful waste management with respect to:
3. Unlawful waste misrepresentation with respect to:
§1230.9 -- Double Fines
The fines provided for in Section 1230.8 of this title shall be doubled for any person convicted of any violation of the provisions of the Environmental Crimes Act if:
1. The conviction is for a second or subsequent violation of the same or another provision of the Environmental Crimes Act; or
2. The convicted person profited from or received any remuneration for the actions leading to the conviction.
§1230.10 -- Intent Not to Repeal Existing Law-Penalties Additional to Civil or Administrative Penalties
Nothing in Sections 1230.1 through 1230.10 of this title is intended to repeal any existing law. Any penalty imposed under Section 1230.8 of this title shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Oklahoma Statutes, Title 27A. Oklahoma Solid Waste Management Act
Chapter 2
§ 2-10-301 -- Permit Required-Notice
A. Except as specified in subsection C of this section:
1. No person shall dispose of solid waste at any site or facility other than a site or facility for which a permit for solid or hazardous waste disposal has been issued by the Department;
2. No person shall own or operate a site or facility at which solid waste is disposed other than a site or facility for which a permit for solid or hazardous waste disposal has been issued by the Department; and
3. No person shall knowingly transport solid waste to an unpermitted site or facility.
4. The Department shall not bring an enforcement action against any unit of local government which undertakes any remediation of an illegal dump which the local government had no role in creating provided that the unit of local government first consults with and follows the remediation advice of the Department. The Department is authorized to recommend remediation of illegal dumps by burial of the material on location, when such burial appears to pose less risk than failure to remediate.
B. No provision of the Oklahoma Solid Waste Management Act shall be construed so as to prevent a person from disposing of solid waste from his own household upon his own land provided such disposal does not create a nuisance or a hazard to the public health or environment or does not violate a local government ordinance.
§ 2-10-1001 - County Solid Waste Mgt. Systems
A. The board of county commissioners in each county of the state shall develop a plan, subject to the approval of the Department of Environmental Quality, to provide a solid waste management system to handle adequately solid wastes generated or existing within the boundaries of such county. An application for a solid waste transfer station to be located in a county with a population of less than twenty thousand (20,000) based on the 1990 Federal Decennial Census shall not be submitted to the Department unless it is included in the county plan submitted to the Department. The application shall be made in accordance with the permitting requirements in the Oklahoma Solid Waste Management Act. By agreement or contractual arrangement the board of county commissioners may assume responsibility for solid wastes generated within incorporated cities or towns whether within their counties or other counties. The board of county commissioners of a county may enter into agreements with other counties, one or more towns or cities, governmental agencies, with private persons, trusts or with any combination thereof to provide a solid waste management system for the county or any portion thereof.
B. The county commissioners shall have the authority to levy and collect such fees and charges and require such licenses as may be appropriate to discharge their responsibility for a solid waste management system or any portion thereof. Such fees, charges and licenses shall be based on a fee schedule contained in an official resolution of the board of county commissioners and may be invoiced and collected by other public or private utility services in the normal course of their business.
C. The board of county commissioners may accept and disburse funds derived from federal or state grants or from private sources or from monies that may be appropriated from the General Revenue Fund for the installation and operation of a solid waste management system.
D. The board of county commissioners is authorized to contract for the lease or purchase of land, facilities and vehicles for the operation of a solid waste management system either for the county or as a party to a regional solid waste management district.
E. The board of county commissioners of a county shall have the right to establish written policies in compliance with the plan approved by the Department for the operation of a solid waste management system including hours of operation, amount, character and kind of waste accepted at the solid waste container sites or any disposal site, and such other rules as may be necessary for the safety of the operating personnel, persons using the sites and the general public.
F. The board of county commissioners of a county is authorized to hire such persons, including peace officers, as may be necessary to administer the county solid waste management system, enforce policies established pursuant to the solid waste plan and issue citations for violation of the solid waste laws of the State of Oklahoma.
G. Any person who violates any policy established by the board of county commissioners for the operation of a solid waste management system created pursuant to the provisions of this section, shall be subject to a civil penalty not to exceed Five Hundred Dollars ($500.00) per day. Each violation shall constitute a separate offense.
H. The provisions of this section requiring approval of the Department for plans providing for a solid waste management system, shall not apply to counties having a solid waste management system plan in effect on July 1, 1992. For any county having a solid waste management system plan in effect on July 1, 1992, the county commissioners may charge and collect reasonable service and disposal fees as necessary for any nonhazardous industrial solid waste collection and disposal system. In determining reasonable fees for any nonhazardous industrial solid waste collection and disposal system, the county may take into account the damage and repair of access roads, litter control, surveillance, civil defense, and such other costs and expenditures deemed necessary by the county. Any person subject to the assessment of such fees who is aggrieved at the action of the commissioners in determining the amount of such fees, may appeal the action of the commissioners to the district court of the county for a review as to the reasonableness of the fees. The decision of the court shall be final and binding upon the commissioners, provided that any such order of the commissioners assessing the fees shall be binding until reversed by the court.
(Note: The following information is provided for clarification and guidance. The information is excerpted from the pertinent rules cited below covering open burning as issued by the Oklahoma Department of Environmental Quality, the governing state authority on this matter.)
Title 252. Oklahoma Administrative Code
Chapter 100. Air Pollution Control
Subchapter 13. Prohibition of Open Burning.
252: 100-13-2. Definitions.
"Combustible materials" means any substance which will readily burn and shall include those substances which, although generally considered incombustible, are or may be included in the mass of the material burned or to be burned.
"Open burning" means the burning of combustible materials in such a manner that the products of combustion are emitted directly to the outside atmosphere.
252: 100-13-5. Open Burning Prohibited.
No person shall cause, suffer, allow, or permit open burning of refuse and other combustible material except as may be allowed in compliance with OAC 252: 100-13-7.
252: 100-13-7. Permissible Open Burning.
The open burning of refuse and other combustible materials may be conducted as specified in the paragraphs set forth below if no public nuisance is or will be created and if the burning is not prohibited by, and is conducted in compliance with, other applicable laws and the ordinances, rules, and orders of governmental entities having jurisdiction, including air pollution control ordinances, rules, and orders. ...
(7) Where NO COLLECTION AND DISPOSAL SERVICE IS AVAILABLE, the burning of refuse and other combustible materials generated in the operation of a DOMESTIC HOUSEHOLD (is allowed) if the following conditions are met:
(A) the material to be burned must not be the combined waste from a building designed to accommodate more than three such households:
(B) the burning must be conducted on the property on which the waste is generated; and,
(C) the initial burning may begin only between three hours after sunrise and three hours before sunset and additional fuel may not be intentionally added to the fire at times outside the limits stated.
Waste Collection and Transportation
(Note: The following information is provided for clarification and guidance. The information is excerpted from the pertinent rules cited below covering solid waste collection and transportation issued by the Oklahoma Department of Environmental Quality, the governing state authority on this matter.)
Title 252. Oklahoma Administrative Code
Chapter 520. Solid Waste Management
Subchapter 17. Waste Collection and Transportation.
252: 520-17-1. Local Ordinances.
Storage, collection, and transportation to the disposal site shall be according to local ordinances, resolutions, or rules and regulations of the city, town, or county in which such services are provided. Said ordinances, resolutions, or rules and regulations may be more stringent than requirements contained with OAC 252: 510 or OAC 252:520.
252: 520-17-2. Requirements for Cities and Towns.
Solid waste collection and transportation services shall be provided by all incorporated cities and towns. Such services shall be provided for all generators of solid waste located within the corporate city or town limits.
252: 520-17-3. Adequate Enclosure.
All persons transporting solid waste to a disposal facility shall provide an adequate enclosure to prevent waste from spilling, falling, leaking, or blowing en route to the disposal site. The person hauling solid waste to a disposal site shall be required to pick up any waste that spills, falls, leaks, or blows from the waste hauling vehicle.