What are the Penalties for Federal Toxic Waste Dumping Crimes? Federal Attorney Shares

750+ Reviews On
What are the Penalties for Federal Toxic Waste Dumping Crimes? Federal Attorney Shares

What are the Penalties for Federal Toxic Waste Dumping Crimes? Federal Attorney talks Toxic Waste Dumping Penalties

What is Federal Toxic Waste Dumping?

Toxic waste dumping is when an individual disposes of hazardous or non-hazardous waste/chemicals into a public or private area that is not owned by the individual who is disposing such materials. 

If not given permission by the government or private landowner, it is a crime to dump toxic waste into any public or private land. If an individual commits such crimes in multiple states and there is not a permit of disposal, the crime then becomes a federal crime. 

Regulations by the Resource Conservation and Recovery Act (RCRA) considers toxic waste dumping a crime by:

  • Illegally exporting hazardous waste
  • Transporting, treating or disposing of a hazardous waste in a way that puts another person(s) in imminent danger of death or serious bodily injury
  • Treating, storing or disposing of hazardous waste without a permit  
  • Treating, storing or disposing of hazardous waste in a way which knowingly violates a permit
  • Knowingly transporting a hazardous waste without a regulation required manifest.

Types of Toxic Waste

“Hazardous, or toxic, waste is the potentially dangerous byproduct of a wide range of activities, including manufacturing, farming, water treatment systems, construction, automotive garages, laboratories, hospitals, and other industries,”  According to Carrie Wolters from National Geographic. 

This includes solid and/or liquid waste that can have harmful effects such as pathogens and radiation. Examples include “toxins such as arsenic, beryllium, cadmium, copper, lead, nickel, and zinc” which can linger in the environment for long periods of time (Aldag). 

In addition, common household items such as batteries, paints, pesticides, and cleaning products can be harmful and hazardous. Other types of toxic waste include medical waste and debris that can bring illness to others. Any type of chemical, metal, solid, liquid, or sludge that can lead to birth defects, diseases, mutation of cells, and the destruction of nearby ecosystems are a type of toxic waste. 

Byproducts from construction zones, hospitals, automotive garages, laboratories, farms, and energy plants must be handled with care. The Environmental Protection Agency, or EPA, “now requires that hazardous waste be handled with special precautions and be disposed of in designated facilities. Many towns have special collection days for household hazardous waste” (Wolters). 

This prevents public waste from polluting the environment and potentially harming communities. Several types of chemical waste include flammable, reactive, poisonous, corrosive, carcinogenic, and mutagenic compounds and elements. 

Also, dirty dozens or a collection of the world’s most dangerous toxins, can sit in an environment for a longer period of time. When burning paints and plastics, dioxins and furans are released into the air. This is one of several major reasons as to why environmentalists and activists have been pushing for more recycling, reusing, and reducing of certain plastics and papers.

Penalties for Federal Toxic Waste Dumping

Depending on the type of toxic waste, the amount that was dumped, and the location of where the waste was disposed, the penalties can be lesser or more severe. 

Typically, an individual who is found guilty is sentenced to a range of 2 to 15 years in federal prison. In addition,  fines can vary from $50,000 (PER DAY of violation) to $1 million depending on the crime.

Under the United States Federal Protection Agency’s enforcement of the Criminal Provisions of the Resource Conservation and Recovery Act (RCRA) various fines and incarceration periods can be faced depending upon the regulation and statute that was violated.

  • Under statute 42 U.S.C. 6928(d)(2)(A), if an individual knowingly treats, stores, or disposes of a hazardous waste without a permit, they can face 5 years or more in prison with a fine of $50,000 per day violation (EPA, 2018). 
  • Under statute 42 U.S.C. 6928(d)(2)(B) and (C), if a person knowingly treats, stores, or disposes of a hazardous waste in knowing violation of a material permit condition they may face 2 years or more in federal prison with a fine of $50,000 of violation (EPA, 2018).
  • The same penalties apply for an individual who knowingly transports or causes the transportation of a “hazardous waste without a manifest where one is required by the regulations” (EPA, 2018). This falls under statute 42 U.S.C. 6928(d)(5).
  • Under statute 42 U.S.C. 6928(d)(1), a person who knowingly transports or causes hazardous waste to be transported to a facility that does not have a permit may face five years or more in prison with a fine of fifty thousand of violation (EPA, 2018). 
  • If an individual knowingly “transports, treats, stores, disposes of, or exports a hazardous waste in violation of 42 U.S.C. 6928(d)(1) – (7) and; knew that such acts put another person in imminent danger of death or serious bodily injury” they may face fifteen years or more with a two-hundred and fifty thousand dollar fine or a million dollar fine if the crime was perpetrated by an organization (EPA, 2018). This follows statute 42 U.S.C. 6928(e).


Free Federal Toxic Waste Dumping Defense Strategy Session in South Florida  

We take on any kind of federal toxic waste dumping cases. Reach out to us if you are in trouble and want attorneys who know how to aggressively fight for your rights and ensure your rights and future are protected. 


We offer FREE strategy sessions so you know how we’ll work to get the best possible result on your case for you. We listen to your full story, dive into your case, and explain exactly how we can help you.


Give us a call today to schedule an appointment for a free consultation:


What are the Penalties for Federal Toxic Waste Dumping Crimes? Federal Attorney Shares
What to Expect at Your Free Initial Strategy Session with Rossen Law Firm
We Listen to Your Story
We Educate You
We Create a Unique Defense Strategy
a Free Consultation

    750+ Reviews On
    Google Reviews
    kevin tabronkevin tabron
    00:07 08 Sep 22
    In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
    Jason HigleyJason Higley
    15:24 26 Aug 22
    I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
    Felix I HFelix I H
    13:27 28 Jul 22
    Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
    Terry ChristopherTerry Christopher
    12:32 09 May 22
    I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
    Ketiana ProvinceKetiana Province
    20:27 23 Mar 22
    My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    How We Win
    Second DUI, 0.19 Breath
    DUI Charge Dismissed
    Federal Child Porn Possession
    Mandatory Prison Time Avoided
    Attempted Murder
    Charges Dismissed
    Types Of Cases We Handle

    Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.

    See All Practice Areas
    Get Your Free Download Instantly
    Our monthly newsletter keeps you up to date on the latest legal and community news
    Sign Up to Receive Our Monthly Newsletter
    View Details
    Free Booklet: 7 key rules you need to know to survive a Florida DUI as told by a South Florida DUI Attorney
    Arrested for a DUI in South Florida? Our DUI Defense Lawyers put together a FREE Florida DUI survival guide to help you know and fight for your rights & future
    View Details
    Free Domestic Violence Booklet reveals how what happens in the heat of the moment can have terrible legal consequences for you & your loved ones…
    Getting arrested for domestic violence charges in South Florida is scary. Free booklet written by an attorney reveals how to protect yourself & your family.
    View Details
    What To Do If You or a Loved One Is Arrested in Florida: Free Digital Arrest Survival Guide Booklet
    Free booklet helps you know What To Do If You or a Loved One Is Arrested in Florida. A criminal defense attorney walks you through the Florida arrest process
    View Details
    Get Help Now
    Take a moment to fill out the form on this page to get in touch with us, and we will get back to you shortly.