§342H-39  Petty misdemeanor disposal of solid waste.  (a)  A person commits the offense of petty misdemeanor disposal of solid waste if the person 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 and less than ten cubic yards in volume, anywhere other than a permitted solid waste management system without the written approval of the director.

     (b)  Petty misdemeanor disposal of solid waste is punishable by:

     (1)  A fine of no more than $25,000 for each separate offense;

     (2)  Imprisonment of no more than thirty days for each separate offense; or

     (3)  Revocation or suspension by court order of any contractor's license or any applicable certificate of authorization from the public utilities commission.

Each day of violation shall constitute a separate offense.  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.

     (c)  Each fine collected for a violation of this section shall be distributed to the authorized agency that enforced the prohibition under which the fine was imposed.

     (d)  This section shall not apply to solid waste consisting solely of green waste.  For the purposes of this section, "green waste" means solid waste that consists solely of leaves, grass clippings, garden and yard wastes, tree trunks, holiday trees, tree trimmings, and prunings, or any combination thereof. [L 2005, c 105, §1; am L 2023, c 201, §2]

Note

  The amendment made by L 2014, c 218, §8 is not included in this section.