Illegal dumping, also termed open dumping, has occurred when solid waste has been deposited on a property not licensed as a solid waste facility, and the waste was not generated on the premises. Open dumping has not occurred when solid waste generated on the premises of a single family residence has been disposed of on the premises where generated. However, such disposal may be in violation of the public health nuisance regulation if it is creating a health nuisance (See “Garbage Complaints”). The temporary storage of solid waste on a property where the waste was generated, prior to collection for disposal or transfer, is not open dumping.
No person may conduct, permit, or allow open dumping. The owner of a property on which open dumping has occurred is responsible for properly disposing of solid waste from open dumping regardless of who deposited the waste. The Health District cannot require someone other than the property owner to remove solid waste on a property where open dumping has occurred.
The open dumping of solid waste is a violation of the Ohio Revised Code, Section 3745.03, as well as Public Health Nuisance Regulation 6-04. Violations of the open dumping rules can result in substantial penalties. Section 3745.99(A) of the Ohio Revised Code states in part, “whoever recklessly violates any section of this chapter…of the Revised Code is guilty of a felony and shall be fined at least ten thousand dollars, but not more than twenty-five thousand dollars, or imprisoned for at least two years, but not more than four years, or both.”
See Solid and Infectious Waste Program for more information.
File a complaint online.
Updated: 06/22/2009