As Amended
SEC. 97-15-30. Penalties for unauthorized dumping of solid wastes; "commercial
purpose" defined.
(1) For purposes of this section the term "commercial purpose" means for the purpose of economic gain.
(2) (a) Except as authorized by law or permit, it is unlawful for any person to throw, scatter, spill or place, or cause
to be thrown, scattered, spilled, or placed, or otherwise disposed of, any solid waste in any of the following
manners or amounts:
(i) In or on any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way
thereof, or any other public lands, except in containers or areas lawfully provided therefor. When any solid waste
is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed
in violation of this section;
(ii) In or on any waters of the state. When any solid waste is thrown or discarded from a vessel, the operator or
owner of the boat, or both, shall be deemed in violation of this section; or
(iii) In or on any private property, unless prior written consent of the owner has been given and the solid waste will
not cause a public nuisance or be in violation of any other state or local law, rule or regulation;
(iv) Raw human waste from any train, aircraft, motor vehicle or vessel upon the public or private lands or waters of
the state.
(b) Nothing in this section shall prohibit acts authorized pursuant to Section 17-17-13.
(3) (a) Any person who violates this section in an amount not exceeding fifteen (15) pounds in weight or
twenty-seven (27) cubic feet in volume and not for commercial purposes is guilty of littering and subject to a fine
as provided in Section 97-15-29.
(b) Any person who violates this section in an amount exceeding fifteen (15) pounds or twenty-seven (27) cubic
feet in volume, but not exceeding five hundred (500) pounds in weight or one hundred (100) cubic feet in volume
and not for commercial purposes is guilty of a misdemeanor and subject to a fine of not less than One Hundred
Dollars ($100.00), nor more than One Thousand Dollars ($1,000.00), or to imprisonment for a term of not more
than one (1) year, or both.
(c) Any person who violates this section in an amount exceeding five hundred (500) pounds in weight or one
hundred (100) cubic feet in volume, or in any amount or volume of solid waste for commercial purposes, or in
any amount or volume of hazardous waste is guilty of a felony and subject to a fine of not less than Five Hundred
Dollars ($500.00), nor more than Fifty Thousand Dollars ($50,000.00) or to imprisonment for a term of not more
than five (5) years, or both. For purposes of the fine, each day shall constitute a separate violation.
(d) In addition to any other fines, penalties or injunctive relief prescribed by law, a person convicted under
subsections (3)(b) or (3)(c) of this section shall:
(i) Remove or render harmless, in accordance with written direction from the Department of Environmental
Quality, the unlawfully discarded solid waste;
(ii) Repair or restore property damaged by, or pay damages for any damage arising out of the unlawfully discarded
solid waste;
(iii) Perform community public service relating to the removal of any unlawfully discarded solid waste or to the
restoration of an area polluted by unlawfully discarded solid waste; and
(iv) Pay all reasonable investigative and prosecutorial expenses and costs to the investigative and/or prosecutorial
agency or agencies.
(e) If a conviction under subsection (3) of this section is for a violation committed after a first conviction of that
person under this section, the maximum punishment under the respective paragraphs shall be doubled with respect
to both fine and imprisonment.
(4) A court may enjoin a violation of subsection (2) of this section.
(5) Any motor vehicle, vessel, aircraft, container, crane, winch, or machine used in a felony violation of this
section may be seized with process or without process if a law enforcement officer has probable cause to believe
that the property was used in violation of that section. The seized property shall be subject to an administrative
and/or judicial forfeiture by the same standards and procedures provided under Sections 41-29-176 through
41-29-185.
(6) In the criminal trial of any person charged with violating subsection (2) of this section, the defendant must
affirmatively show that he had authority to discard the solid waste.
(7) Any person who conspires to commit a violation of this section shall be punished in accordance with the
underlying offense set forth in this section.
(8) It shall be the duty of all law enforcement officers to enforce the provisions of this chapter.
(9) All prosecutions for felony violations of this section shall be instituted only by the Attorney General, his
designee, the district attorney of the district in which the violation occurred or his designee and shall be conducted
in the name of the people of the State of Mississippi. In the prosecution of any criminal proceeding under this
section by the Attorney General, or his designee, and in any proceeding before a grand jury in connection
therewith, the Attorney General or his designee shall exercise all the powers and perform all the duties which the
district attorney would otherwise be authorized or required to exercise or perform. The Attorney General shall
have the authority to issue and serve subpoenas for any felony violation in the same manner as prescribed under
Section 7-5-59.
(10) Jurisdiction for all felony violations shall be in the circuit court of the county in which the violation occurred.
(11) Nothing in this section shall limit the authority of the department to enforce the provisions of the Solid Waste
Disposal Law or shall limit the authority of any state or local agency to enforce any other laws, rules or ordinances.
(12) The Department of Transportation may erect warning signs along the roads and highways of this state advising
the public of the existence of these sections and of the penalty for the violation thereof.
(13) This section shall not prohibit the storage of ties poles, other materials and machinery by a railroad or a public
utility on its right-of-way. This section does not apply to any vehicle transporting agricultural products or supplies
when the solid waste from that vehicle is a nontoxic, biodegradable agricultural product or supply.
(14) The Attorney General may pay an award, not to exceed Ten Thousand Dollars ($10,000.00) to any person
who furnishes information or services that lead to a felony criminal conviction for any violation of this section.
The payment shall be subject to available appropriations for those purposes as provided in annual appropriation
acts. Any officer or employee of the United States or any state or local government who furnishes information or
renders service in the performance of an official duty is ineligible for payment under this subsection.
SOURCES: Laws, 1994, ch. 543, Sec. 1, eff from and after July 1, 1994