Federal Attorney to Fight Toxic Waste Dumping Allegations in South Florida
We understand that if you’re on this page, it means you or a loved one might be going through a difficult time. It can be nerve wracking and even painful to face criminal charges for federal toxic waste dumping.
What is a Federal Toxic Waste Dumping Crime in Florida?
Federal toxic waste dumping is when you dispose of hazardous or non-hazardous waste in a public area or private area that you do not own. It classifies as a crime when you are not given permission by the government to put your waste in the public area or permission by the private property owner to dump it on their land. The toxic waste dumping crime is considered federal if illegal dumping took place in multiple states or across your state lines without a legitimate permit for disposal.
Federal Toxic Waste Dumping crimes, as provided by the Criminal Provisions of the Resource Conservation and Recovery Act (RCRA), include:
- 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
- Knowingly vomiting materials or making false statements about hazardous waste
Legally speaking Florida statute 403.413 has these parameters for toxic waste dumping:
- When someone dumps less than 15 pounds of waste that is not for commercial purposes, they commit a noncriminal infraction, punishable by a civil penalty of $150, from which $50 shall be deposited into the Solid Waste Management Trust Fund to be used for the solid waste management grant program.
- Anyone who dumps between 15 pounds and 500 pounds of waste not for commercial purposes faces a Florida first-degree misdemeanor.
- Anyone who dumps more than 500 pounds of waste or dumps waste classified as hazardous waste, faces a third-degree felony in Florida.
CONSEQUENCES OF TOXIC WASTE DUMPING CRIMES IN FLORIDA
Making one mistake shouldn’t negatively alter your whole future. Toxic waste dumping crimes should not be taken lightly, as there is a range of consequences, some being very severe. Toxic waste dumping crimes can be more severe depending on the specific toxic waste, the amount of toxic waste, and where the waste was dumped.
Federal Toxic Waste Dumping Penalties:
For the most part, Federal toxic waste dumping can result in 2 to 15 years in federal prison. Fines for federal toxic waste dumping can also vary from $50,000 (PER DAY of violation) to $1 million depending on the crime.
- Illegal Export of Hazardous Waste is a violation of Federal Statute: 42 U.S.C. 6928(d)(6), and can result in up to 5 years in federal prison and up to $50,000 per day in violation fines.
- 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 is a violation of Federal Statute: 42 U.S.C. 6928(e)f and can result in up to 15 years in federal prison and/or up to $250,000 in fines or even $1,000,000 in fines if it is an organization committing the crime.
Toxic Waste Dumping Penalties in Florida:
- Depending on the type of waste and the amount, you could be facing either a misdemeanor or a felony.
- You could be looking at fines from $7,000 to $15,000 for on-the-spot dumping.
- If you are found guilty of negligible waste disposal that harmed the environment, you are looking at fees ranging from $500,000 to a whopping $5,000,000.
- Knowingly committing federal toxic waste dumping could mean anywhere from 2 to 15 years in jail.
- Punishments can vary depending on the specific circumstances to your crime. For example, known endangerment has a harsher punishment of 15 years in prison and $250,000-$1,000,000 in fines compared to a permit violation waste dump with 2 years in prison and $50,000 fine for every day you are in violation.
FEDERAL TOXIC WASTE DUMPING ATTORNEY IN SOUTH FLORIDA
Federal toxic waste dumping charges can be serious, but you’re in the right place. We have experience in dealing with these types of cases and will devote all of our energy and resources into ensuring your federal toxic waste dumping case has the best possible outcome.
Federal Toxic Waste Dumping Defense Strategies
- Justifiable Reliance : If a government representative gives you wrong information about what is allowed to be dumped legally, we can argue that you were just following the directions of the government official that you believed to be true.
- Lack of Knowledge: We can argue that you were unaware that what you dumped was illegal and had you known, then you never would have disposed of your waste in an illegal manner.
- Invalid dumping regulations: Smaller governing bodies within a state or country must follow federal and state regulations. If the governing body whose dumping regulations you violated failed to comply with the state or federal regulations, we could argue that the regulations which you violated were illegitimate.
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:
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