§342H-37 Felony disposal of solid waste.
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§342H-37 Felony disposal of solid waste.
(a)A person commits the offense of felony disposal of solid waste if the person:
(1)Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than ten cubic yards in volume anywhere other than a permitted solid waste management system without the written approval of the director;
(2)After having been sentenced under this section or section 342H-39 on two separate and prior occasions, knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste in an amount equal to or greater than one cubic yard in volume anywhere other than a permitted solid waste management system without the written approval of the director; or
(3)Knowingly discards, disposes of, deposits, discharges, or dumps solid waste, or by contract or otherwise arranges directly or indirectly for the disposal of solid waste anywhere other than a permitted solid waste management system without the written approval of the director for which the expense of recovering, removing, restoring, and lawfully disposing of the solid waste exceeds $1,500.
(b)This section shall not supersede any other disposal prohibitions established under federal, state, or county law, ordinance, regulation, or rule.
(c)Felony disposal of solid waste is a class C felony for which a fine of no more than $50,000 for each separate offense may be imposed. In addition to the foregoing, any vehicle owned and operated by the person in the commission of the offense shall be subject to forfeiture pursuant to chapter 712A. [L 2004, c 143, pt of §1; am L 2005, c 105, §3; am L 2023, c 201, §1]