Illegal Dumping

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What is illegal dumping?


Illegal dumping: (verb) the disposal of any discarded, rejected, abandoned, unwanted or surplus matter, whether or not intended for sale or for recycling, reprocessing, recovery, or purification by a separate operation on public or private land or into water without a licence, permit or approval from the relevant authority.

Illegal dumps can come in different forms. Below are a few around Boone County reported over the years:

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Report it to us!


Laws on Illegal Dumping


Kentucky Laws

KRS 224 - Waste — Generalities
KRS 224.40-100 – Disposal at other than permitted site or facility prohibited — Open dump prohibited — Exception — Compliance with regulations required — Damages for noncompliance
(1) No person shall transport to or dispose of waste at any site or facility other than a site or facility for which a permit for waste disposal has been issued by the cabinet. Upon request, any transporter of waste shall receive from the cabinet a current list of permitted waste disposal sites or facilities and shall be subsequently notified of any new permits or changes in the status of permits for waste disposal sites and facilities in the Commonwealth.
(2) The use of open dumps is prohibited except in the case of an open dump which is under a timetable or schedule for compliance approved by the cabinet. The cabinet may enjoin the operation of any open dump which does not have a timetable or schedule of compliance approved by the cabinet.
(3) The cabinet may require any person who violates this section or KRS 224.40-305 to take appropriate response actions to close and reclaim or upgrade open dumps to comply with applicable administrative regulations adopted by the cabinet. If a demand for response action is not implemented within a time period specified in a demand or timetable or schedule for compliance issued or approved by the cabinet, the cabinet may enjoin the operation of the open dump and restore the site.
(4) Except as provided in KRS 224.43-020, the cabinet may assess any person who violates this section by failing to take appropriate actions to close and reclaim or upgrade open dumps, damages in an amount equal to the cost of closure as estimated by the cabinet. The money collected shall be placed in the agency account established under KRS 224.40-650(4) to be used for the site closure and restoration. Any money remaining after site closure and restoration from the amount assessed shall be returned to the person against whom any assessment was made.
Effective: February 26, 1991
History: Amended 1991 (1st Extra. Sess.), Ky. Acts ch. 12, sec. 35, effective February 26, 1991. — Amended 1986 Ky. Acts ch. 172, sec. 2, effective July 15, 1986. — Amended 1980 Ky. Acts ch. 284, sec. 3, effective July 15, 1980. — Amended 1978 Ky. Acts ch. 113, sec. 7, effective June 17, 1978. — Created 1972 (1st Extra. Sess.) Ky. Acts ch. 3, sec. 13, effective January 1, 1973. Formerly codified as KRS 224.835 and also previously codified as 224.255.

KRS 224.40-305 – Necessity of permit
No person shall establish, construct, operate, maintain, or permit the use of a waste site or facility without first having obtained a permit from the cabinet pursuant to this chapter and administrative regulations adopted by the cabinet.
Effective: February 26, 1991

Boone County Ordinances

Ordinance 50 - Transportation and Disposal of Solid Waste
ORD 50.043  - Prohibited Practices
It shall be unlawful and a violation of this chapter for any person to:
(A)   Dispose of solid waste by depositing same on any premises in the county with or without the consent of the owner of the premises;
(B)   Deposit solid waste in any solid waste container other than his/her own, without the written consent of the owner of such container and/or with the intent of avoiding payment of the service charge provided for solid waste collection and disposal;
(C)   Burn solid waste unless an approved incinerator is provided or unless a variance has been obtained from the Kentucky Division for Air Quality has been obtained. This is not to include those practices approved by the Division for Air Quality;
(D)   Own or operate an open dump;
(E)   Dispose of solid waste at any facility or location which is not approved by the county and Natural Resources and Environment Protection Cabinet;
(F)   Violate any section of this chapter or any other rule or regulation promulgated under this chapter.
(Ord. 09-96-01, passed 9-24-96)

Ordinance 92 – Discarded Items
ORD 92.01 –Definition
For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DISCARDED ITEMS.  This term includes, but is not limited to, items for or used in recycling, motor vehicles, auto body parts, tires, boats, home appliances and furniture in a dilapidated or apparently inoperable condition and left in open storage or discarded on private property for more than three consecutive days.  This definition shall not apply to the following:
(1)   Any discarded item or part thereof which is enclosed within a building, such as a garage or other fully enclosed accessory building.
(2)   Any discarded item not visible from an adjacent or abutting property owner, street, road, or public park.
(3)   Any discarded item stored on private property in a lawful manner in connection with the licensed business of auto body, auto repair, dismantler, vehicle dealer, and junk or salvage yard, provided that outside storage of discarded items be within a privacy fence or dumpster area and not on the grass, or yard.
(4)   The preceding exceptions shall not authorize the maintenance of a public or private nuisance as defined by law.
(Ord. 1010.14, passed 8-29-95) 

ORD 92.02 – Discarded items on person’s own property prohibited
(A)   The Fiscal Court finds that the practice of some property owners within the unincorporated areas of the county of allowing discarded items to remain on their property, constitutes a detriment of the welfare and convenience of the residents of the county, and affects the economic development of the county.  Therefore, it is the public policy of this county to prohibit the keeping of discarded items on private property within the unincorporated limits of the county, and such discarded items are hereby declared to be public nuisances.

(B)   Any law enforcement officer, including the County Code Enforcement Officer or his or her designee, who knows, sees or otherwise has knowledge that a property owner has allowed a discarded item(s) to remain on his or her property in violation of this chapter, shall issue a citation to such person ordering him to appear before the District Court.
(Ord. 1010.14, passed 8-29-95)  Penalty, see § 92.99

 ORD 92.03 – Discarding items on property of another prohibited
No person shall place, leave, deposit or otherwise undertake to dispose of any discarded item upon any private property or upon any public property or right-of-way within the county.  Any person whose property lies within the unincorporated areas of the county may file a complaint.

(Ord. 1010.14, passed 8-29-95)  Penalty, see § 92.99

ORD 92.04 – Authority of county to remove discarded items; lien
(A)   If, after a finding by the District Court that any person is in violation of this chapter, the county, through its enforcement officers, shall issue to the person by certified mail an order to remove or properly store the discarded items.  The order shall allow the property owner 10 days to remove or properly store the discarded items.  The 10-day period shall commence with the mailing of the order.  Removal or proper storage of the discarded items will be at the property owner’s expense.

(B)   If, after the 10-day period has expired the discarded items have not been removed or properly stored, and the District Court order has not been appealed, then the county shall have the authority to enter upon the property and remove any and all discarded items.  The cost to the county of removing the discarded items shall be at the property owner's expense.  The county shall bill the property owner for the costs, and the property owner shall have 10 days to pay in full.  The 10-day period shall commence with the date of the billing.  If the bill is not paid within 10 days, the county may at its option place a lien on the real property with the County Clerk, for the actual cost of removal of the discarded items.  The lien shall bear interest at the rate of 10% per annum, and shall be enforceable as a real property lien under Kentucky law, including foreclosure for collection on the lien.
(Ord. 1010.14, passed 8-29-95) 

ORD 92.99 – Penalty
(A)   Any person who violates the provisions of §
 92.02 of this chapter shall be deemed guilty of a misdemeanor and fined not less than $100 nor more than $500 or imprisoned for up to three days in the County Jail or both fine and imprisonment, and each day that a violation occurs shall constitute a separate offense.  The fine or imprisonment or portion thereof may be probated or conditionally discharged should continue monitoring or review be deemed necessary.
(B)   Any person who violates the provisions of § 92.03 of this chapter shall be deemed guilty of a misdemeanor and fined not less than $250 nor more than $500 or imprisoned for up to three days in the County Jail or both fine and imprisonment, and each day that a violation occurs shall constitute a separate offense.  The fine or imprisonment or portion thereof may be probated or conditionally discharged should continue monitoring or review be deemed necessary.
(Ord. 1010.14, passed 8-29-95)

Ordinance 97 - Streets and Sidewalks
ORD 97.01 - Debris on county roads or right-of-way
(A) Unlawful to deposit materials on county roads or right-of-way.  It shall be unlawful for any person(s), corporation, association or other entity to deposit or cause to be deposited, mud, soil and/or debris on county roads or the right-of-way of any county road whether directly or indirectly, with or without the use of vehicular or mobile equipment, without the written consent of the Director of Public Works.
(B) Unlawful to cause, by grading or disturbing soil, mud or soil to be deposited on road or right-of-way.  It shall be unlawful for any person(s), corporation, association or other entity to grade or disturb the soil in any area of the county in such a manner as to cause or allow mud or soil to wash or otherwise be moved from the graded or disturbed area and deposited onto a county road.
(C) Written notice of violation.
      (1)   Any person(s), corporation, association or other entity found to be in violation of this section shall be issued a written notice from the County Code Enforcement Officer ordering:
         (a)   Cleaning, by pressure wash if found necessary, of the road or right-of-way; and/or
         (b)   A stop work order until the road or right-of-way is cleaned.
      (2)   Any notice given under this section shall allow four hours for compliance, from the time such notice is given.  Failure to comply within four hours shall constitute a violation of this section and a complaint may be filed.
(D) County clean-up at expense of violating party.  Unless immediate corrective action is taken, the county, through the Public Works Department, may remove or clean the mud, soil and/or debris from the county road and/or right-of-way and any such removal or cleaning by the county under this section shall be at the expense of the violating party, jointly and severally, including, but not necessarily limited to, the developer, builder, contractor and/or home owner of the subject property.  The Public Works Department shall issue a bill for the actual cost incurred.  This bill must be paid in full within 10 days of the date of issue.  Failure to pay this bill shall result in the county having a lien on the owner's land from which the mud, soil or debris was caused, directly or indirectly, to be deposited on the county road and/or right-of-way.
(E) Stop work order.  It shall be unlawful to violate the conditions and restrictions of a county "stop work" order at any time. Each day that such a violation occurs or continues to occur shall be considered a separate violation for which the violator shall be penalized under the provisions of this chapter.
(Ord. 620.10, passed 10-25-94; Am. Ord. 04-02, passed 1-27-04) 

ORD 97.99 - Penalty
(A)   Any person who violates any provision of this chapter for which no penalty is otherwise provided shall be guilty of a misdemeanor and shall be fined not more than $500.
(B)   Any person(s), corporation, association or other entity found to be in violation of § 97.01 shall be deemed guilty of a misdemeanor and fined not less than $250 nor more than $500.
(Ord. 620.10, passed 10-25-94)
(C)   Any firm, corporation, individual or governmental agency violating the provisions of §§ 97.35 through 97.38 and §§ 97.60 through 97.74 of this chapter shall be deemed guilty of a misdemeanor and fined not less than $50 nor more than $500.
(Ord. 620.5, passed 2-23-87; Am. Ord. 620.11, passed 8-29-95)