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Regular Session, 2011
SENATE BILL NO. 247
BY SENATOR WILLARD-LEWIS
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
CRIME/PUNISHMENT. Provides for legislation relative to creating the crime of "illegal
disposal of waste." (8/15/11)
AN ACT1
To enact Section 6 of Subpart A of Part VI of Title 14 of the Louisiana Revised Statutes of2
1950, to be comprised of R.S. 14:100.21, relative to offenses affecting the public3
safety; to create the crime of illegal disposal of waste; to provide for definitions; to4
provide for penalties; to provide for exceptions; and to provide for related matters.5
Be it enacted by the Legislature of Louisiana:6
Section 1. Section 6 of Subpart A of Part VI of Title 14 of the Louisiana Revised7
Statutes of 1950, to be comprised of R.S. 14:100.21 is hereby enacted to read as follows: 8
6. ILLEGAL DISPOSAL OF WASTE9
ยง100.21. Illegal disposal of waste10
A. As used in this Section the following terms shall have the following11
meanings unless the context of use clearly indicates otherwise: 12
(1) "Disposal" means the discharge, deposit, injection, dumping,13
spilling, leaking, or placing of any hazardous waste into or on any land or water14
so that the waste, or any constituent thereof, may enter the environment or be15
emitted into the air or discharged into any waters, including ground waters.16
(2) "Hazardous waste" means any waste, or combination of wastes,17 SB NO. 247
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words in boldface type and underscored are additions.
which because of its quantity, concentration, physical, or chemical1
characteristics may cause or significantly contribute to an increase in mortality2
or an increase in serious irreversible or incapacitating reversible illness, or pose3
a substantial present or potential hazard to human health or the environment4
when improperly treated, stored, transported, disposed of, or otherwise5
managed. The definition shall be applied only to those wastes identified and6
designated as waste by the Department of Environmental Quality, consistent7
with applicable federal laws and regulations.8
(3) "Waste" means any garbage, refuse, sludge from a waste treatment9
plant, water supply treatment plant, or air pollution control facility, and other10
discarded material, including solid, liquid, semisolid, or contained gaseous11
material resulting from industrial, commercial, mining, or agricultural12
operations, and from community activities, but does not include solid or13
dissolved material in domestic sewage, or solid or dissolved materials in14
irrigation return flows or industrial discharges which are point sources subject15
to permits issued under R.S. 30:2071, et seq., or source material, special nuclear16
material, or byproduct material as defined in R.S. 30:2103.17
B. The illegal disposal of waste is the intentional disposal, discharge,18
deposit, injection, dumping, spilling or placing of any waste into or on any land19
or water so that the waste, or any constituent thereof, may enter the20
environment or be emitted into the air or discharged into any waters, including21
ground water.22
C. (1) Whoever commits the crime of illegal disposal of waste, when the23
waste is non-hazardous, shall be imprisoned, with or without hard labor, for not24
more than three years, or may be fined not less than one thousand dollars nor25
more than ten thousand dollars, or both.26
(2) Whoever commits the crime of illegal disposal of waste, when the27
waste is hazardous, shall be imprisoned, with or without hard labor, for not28
more than ten years, or may be fined not less than ten thousand dollars nor29 SB NO. 247
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words in boldface type and underscored are additions.
more than twenty-five thousand dollars, or both.1
D. (1) Any offender placed on probation for a violation of this Section2
shall be required as a condition of probation to perform thirty eight-hour days3
of court approved community service activities, at least half of which shall4
consists of participation in a litter abatement or collection program.5
(2) In addition, the court shall order that the vehicle being driven by the6
offender at the time of the offense shall be seized and impounded, and sold at7
auction in the same manner and under the same conditions as executions of writ8
of seizures and sale as provided in Book V, Title II, Chapter 4 of the Code of9
Civil Procedure. 10
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Michael Bell.
DIGEST
Proposed law creates the crime of illegal disposal of waste as the intentional disposal,
discharge, deposit, injection, dumping, spilling or placing of any waste into or on any land
or water so that such waste, or any constituent thereof, may enter the environment or be
emitted into the air or discharged into any waters, including ground water.
Defines "disposal", "hazardous waste" and "waste" for purposes of proposed law.
Proposed law that whoever commits the crime of illegal disposal of waste be imprisoned,
with or without hard labor, for not more than three years, or may be fined not less than
$1,000 nor more than $10,000, or both when the waste is non-hazardous.
Proposed law further provides that whoever commits the crime of illegal disposal of waste,
when the waste is hazardous, will be imprisoned, with or without hard labor, for not more
than 10 years, or may be fined not less than $10,000 nor more than $25,000 or both.
Requires an offender who is placed on probation for violation of proposed law to serve 30
eight-hour days of community service and provides for seizure and sale of the vehicle used
in the violation.
Effective August 15, 2011.
(Adds R.S. 14:100.21)