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:
Report it to us!
Laws on Illegal Dumping
Boone County Ordinances
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
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 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.
(Ord. 620.10, passed 10-25-94; Am. Ord. 04-02, passed 1-27-04)
(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.
(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.
(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.
(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 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)