Almost everyone admits illegal dumping is a problem in Snyder. Solving the problem, however, isn’t a cut-and-dry matter, officials said.
Illegal dumping of garbage or other waste materials in areas other than designated disposal sites is against the law in Texas and possible punishment ranges from fines to jail or prison time, depending on the amount of material illegally dumped.
The dumping of five pounds or less, or five gallons or less, of waste material is considered a Class C misdemeanor and punishable by a fine only. In Snyder, such cases usually fall under the purview of Zoning Administrator Vick Chambers and his staff.
Chambers said if he or his inspectors find a violation that fits the misdemeanor guidelines, they will first talk to the property owner and seek his cooperation in removing the waste material. If the owners do not comply, the inspectors then have the authority to file a complaint with the Snyder municipal judge, though that action is rarely taken.
“Most of the cases we deal with, if the owner doesn’t handle it, the city handles it and bills the property owner,” Chambers said.
Any case involving more than five pounds of waste material becomes a matter for law enforcement. Waste material weighing more than five pounds, but less than 500 pounds, is considered a Class B misdemeanor, punishable by a fine of up to $2,000 and up to 180 days in county jail.
Waste weighing between 500 and 1,000 pounds is considered a Class A misdemeanor, punishable by a fine of up to $4,000 and up to a year in the county jail, while cases involving more than 1,000 pounds are considered state jail felonies, which could result in a fine of up to $10,000 and a state jail term of up to two years.
Class A and Class B misdemeanors are prosecuted by County Attorney Mike Hartman, while state jail felonies are prosecuted by District Attorney Ben Smith. Both men said they have not had an illegal dumping case referred to them in recent years.
Enforcement of dumping statutes is usually handled in an informal manner. Snyder Deputy Fire Marshal Nathan Hines said there have been many cases in which he has successfully negotiated with the guilty party for the removal of the illegal waste.
“If we find them, we give them a choice, either clean it up or we’ll file charges,” Hines said. “Most of the time, they remove the garbage themselves.”
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