Counties Tap Grant Funds to Tackle Trash
Illegal dumping is an age-old county problem. However, an increase in the unsightly mounds of trash is a sign of the times.
Some investigators blame the recent economic slump, while others cite drought conditions – and consequential burn bans – as contributing causes. Residents who can no longer pay landfill fees and/or garbage providers or legally burn their refuse are tossing it in ditches and along roadways. And there’s no limit to what folks will throw away.
“We have seen a marked increase of illegal dumping,” said Detective Sidney Parker, environmental investigator for Travis County. “We attribute it to the downturn in the economy. As the economy gradually became worse, the dumping increased. We transitioned from heavy commercial debris into household waste, a clear indicator that construction was down and individuals were no longer paying their garbage provider.”
Parker has found everything from toilets and building materials to a hot tub and a boat dumped in his jurisdiction. One of his more interesting – and disgusting – finds included 150 goats in black bags thrown into a washout to Decker Lake and a bag of animal entrails. One day he came across 20 mannequins in an open lot!
“Basically, anything you can think of, I’ve found,” Parker said.
Travis County recently installed new camera systems using old equipment and grant-purchased equipment, Parker said, and has six or more cameras operating at any given time.
Grant Funding
In accordance with Section 361.014 of the Texas Health and Safety Code, grants are awarded to regional and local governments for municipal solid waste (MSW) management projects through the state's Regional Solid Waste Grants Program. The Texas Commission on Environmental Quality (TCEQ) is directed by the Legislature to dedicate one-half of the revenue generated by state fees on MSW disposed of at landfills to grants for regional and local MSW projects.
The TCEQ allocates the funds to the state's 24 councils of governments (COGs) based on a formula that takes into account population, area, solid waste fee generation, and public health needs. The COGs use the funds to develop and maintain an inventory of closed MSW landfills, conduct regional coordination and planning activities, maintain a regional solid waste management plan, and administer pass-through grant programs to provide funding for regional and local MSW projects.
Typically, COGs begin their pass-through grant application process in the spring of each year. The types of projects that may be funded with these grants may vary from region to region depending on the priorities identified in the regional plans. Prior to developing the grant priorities, each COG is required to hold public meetings to receive input on the proposed grant categories.
Every quarter the Houston-Galveston Area Council (H-GAC), one of the state’s COGs, hosts local enforcement roundtables to provide a forum for discussing illegal dumping issues within the H-GAC region. The group includes peace officers, county prosecutors, city officials, and personnel from TCEQ’s Region 12 office.
The Permian Basin Regional Planning Commission (PBRPC), one of the 24 COGs, has eight funding categories, one of which is local enforcement, said Thomas R. Schlegel, solid waste coordinator for PBRPC.
Midland County purchased surveillance equipment with grant funds, while Ector and Ward counties used grant money to partially pay the salary of a local enforcement officer.
Harris County used grant funding from H-GAC and county money to purchase surveillance cameras, said Lt. Larry Mitchell with the county’s Environmental Crimes Division.
“We provide grant funds for surveillance camera purchases and other equipment and supplies to support anti-illegal dumping campaigns,” said Amy Boyers, senior environmental planner with H-GAC.
“There’s no way you could pay for the manpower that you can get through the camera,” Mitchell said.
Along with policing Harris County, the Environmental Crimes Division assists 13 other counties in their fight against illegal dumping, loaning those counties cameras and helping them maintain the film.
Some 90 percent of camera cases involve people who dump untraceable material, Mitchell said, “and without a camera, you would not be able to prosecute them.”
Harris County has been using cameras to catch illegal dumpers since 2002, and Mitchell said the impact has been enormous.
“Normally we have people dump at one location two or three times,” Mitchell said. “We catch them and prosecute them. Our district attorney’s office is very pro-camera. They love the video.”
The cameras used by Harris County provide two wide-angle views and a zoom, with the goal of recording both the license plate number and an overview of the actual dumping.
Violators intent on dumping their trash will sometimes make their illegal runs in the dark of night or take their loads to thickly forested areas. However, cameras have proven effective in these scenarios, as well. Some surveillance cameras are equipped to pick up license plate images from more than 100 feet away in total darkness.
Making it Count
One of the main reasons people dump is to avoid the tipping cost at a landfill, said Roger Haseman, assistant district attorney for Harris County’s Environmental Crimes Division. A typical load of debris may cost $40 or $50 to dispose of legally. Those prosecuted in Harris County often leave wishing they had paid that fee, versus the hundreds if not thousands of dollars they ultimately spend to pay for their crime.
“Generally when we prosecute dumpers we are able to catch, we usually try to make it as expensive for them as possible,” Haseman said. “We feel like if we can take as much money from them as punishment…hopefully they will never do it again.”
Illegal dumpers caught in the act in Harris County are immediately taken into custody. Their vehicles are impounded, they must acquire legal representation, and will likely pay fines, court costs and restitution.
“It’s a significant cost,” Haseman said. Harris County views this as an economic crime and places high priority on “getting our money back if we can.”
Criminal penalties for illegal dumping can be found in Chapter 365 of the Health and Safety Code, which is the Texas Litter Abatement Act, said Jim Allison, general counsel for the County Judges and Commissioners Association of Texas.
The statute cites the following:
Class C Misdemeanor – five pounds or less or a volume of five gallons or less.
Class B Misdemeanor – More than five pounds but less than 500 pounds or a volume of more than five gallons but less than 100 cubic feet.
Class A Misdemeanor – 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet or is disposed of for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet.
State Jail Felony – 1,000 pounds or more, has a volume of 200 cubic feet or more, or is disposed of for a commercial purpose and weighs 200 pounds or more, has a volume of 200 cubic feet or more, or is contained in a closed barrel or drum.
Upgrading Charges and Felonies – If a person has been previously convicted of violating this Act, that person's punishment will be upgraded to the next highest category for any subsequent violation. For example, if a person has a prior conviction of a Class A misdemeanor, that person's punishment will be bumped up to a state jail felony the next time he/she is convicted.
Under Section 365.034, “upon proper notice, counties may remove and dispose of accumulated litter and assess the cost against the property owner,” Allison said.
If the county had to clean up the site in Harris County, Mitchell’s office consults with the commissioner’s office to determine what the county spent and then tacks that cost onto the criminal charges.
“That’s one of the first things our prosecutors get back,” Mitchell said.
Harris County’s success in the area of enforcement is due in large part to the elected officials and their support, said Haseman. The Harris County Commissioners Court launched the Environmental Crimes Division in 1992.
“Harris County has been very good about giving us the funding that we need,” Haseman emphasized.
Counties Tap Grant Funds to Tackle Trash
Illegal dumping is an age-old county problem. However, an increase in the unsightly mounds of trash is a sign of the times.
Some investigators blame the recent economic slump, while others cite drought conditions – and consequential burn bans – as contributing causes. Residents who can no longer pay landfill fees and/or garbage providers or legally burn their refuse are tossing it in ditches and along roadways. And there’s no limit to what folks will throw away.
“We have seen a marked increase of illegal dumping,” said Detective Sidney Parker, environmental investigator for Travis County. “We attribute it to the downturn in the economy. As the economy gradually became worse, the dumping increased. We transitioned from heavy commercial debris into household waste, a clear indicator that construction was down and individuals were no longer paying their garbage provider.”
Parker has found everything from toilets and building materials to a hot tub and a boat dumped in his jurisdiction. One of his more interesting – and disgusting – finds included 150 goats in black bags thrown into a washout to Decker Lake and a bag of animal entrails. One day he came across 20 mannequins in an open lot!
“Basically, anything you can think of, I’ve found,” Parker said.
Travis County recently installed new camera systems using old equipment and grant-purchased equipment, Parker said, and has six or more cameras operating at any given time.
Grant Funding
In accordance with Section 361.014 of the Texas Health and Safety Code, grants are awarded to regional and local governments for municipal solid waste (MSW) management projects through the state's Regional Solid Waste Grants Program. The Texas Commission on Environmental Quality (TCEQ) is directed by the Legislature to dedicate one-half of the revenue generated by state fees on MSW disposed of at landfills to grants for regional and local MSW projects.
The TCEQ allocates the funds to the state's 24 councils of governments (COGs) based on a formula that takes into account population, area, solid waste fee generation, and public health needs. The COGs use the funds to develop and maintain an inventory of closed MSW landfills, conduct regional coordination and planning activities, maintain a regional solid waste management plan, and administer pass-through grant programs to provide funding for regional and local MSW projects.
Typically, COGs begin their pass-through grant application process in the spring of each year. The types of projects that may be funded with these grants may vary from region to region depending on the priorities identified in the regional plans. Prior to developing the grant priorities, each COG is required to hold public meetings to receive input on the proposed grant categories.
Every quarter the Houston-Galveston Area Council (H-GAC), one of the state’s COGs, hosts local enforcement roundtables to provide a forum for discussing illegal dumping issues within the H-GAC region. The group includes peace officers, county prosecutors, city officials, and personnel from TCEQ’s Region 12 office.
The Permian Basin Regional Planning Commission (PBRPC), one of the 24 COGs, has eight funding categories, one of which is local enforcement, said Thomas R. Schlegel, solid waste coordinator for PBRPC.
Midland County purchased surveillance equipment with grant funds, while Ector and Ward counties used grant money to partially pay the salary of a local enforcement officer.
Harris County used grant funding from H-GAC and county money to purchase surveillance cameras, said Lt. Larry Mitchell with the county’s Environmental Crimes Division.
“We provide grant funds for surveillance camera purchases and other equipment and supplies to support anti-illegal dumping campaigns,” said Amy Boyers, senior environmental planner with H-GAC.
“There’s no way you could pay for the manpower that you can get through the camera,” Mitchell said.
Along with policing Harris County, the Environmental Crimes Division assists 13 other counties in their fight against illegal dumping, loaning those counties cameras and helping them maintain the film.
Some 90 percent of camera cases involve people who dump untraceable material, Mitchell said, “and without a camera, you would not be able to prosecute them.”
Harris County has been using cameras to catch illegal dumpers since 2002, and Mitchell said the impact has been enormous.
“Normally we have people dump at one location two or three times,” Mitchell said. “We catch them and prosecute them. Our district attorney’s office is very pro-camera. They love the video.”
The cameras used by Harris County provide two wide-angle views and a zoom, with the goal of recording both the license plate number and an overview of the actual dumping.
Violators intent on dumping their trash will sometimes make their illegal runs in the dark of night or take their loads to thickly forested areas. However, cameras have proven effective in these scenarios, as well. Some surveillance cameras are equipped to pick up license plate images from more than 100 feet away in total darkness.
Making it Count
One of the main reasons people dump is to avoid the tipping cost at a landfill, said Roger Haseman, assistant district attorney for Harris County’s Environmental Crimes Division. A typical load of debris may cost $40 or $50 to dispose of legally. Those prosecuted in Harris County often leave wishing they had paid that fee, versus the hundreds if not thousands of dollars they ultimately spend to pay for their crime.
“Generally when we prosecute dumpers we are able to catch, we usually try to make it as expensive for them as possible,” Haseman said. “We feel like if we can take as much money from them as punishment…hopefully they will never do it again.”
Illegal dumpers caught in the act in Harris County are immediately taken into custody. Their vehicles are impounded, they must acquire legal representation, and will likely pay fines, court costs and restitution.
“It’s a significant cost,” Haseman said. Harris County views this as an economic crime and places high priority on “getting our money back if we can.”
Criminal penalties for illegal dumping can be found in Chapter 365 of the Health and Safety Code, which is the Texas Litter Abatement Act, said Jim Allison, general counsel for the County Judges and Commissioners Association of Texas.
The statute cites the following:
Ø Class C Misdemeanor – five pounds or less or a volume of five gallons or less.
Ø Class B Misdemeanor – More than five pounds but less than 500 pounds or a volume of more than five gallons but less than 100 cubic feet.
Ø Class A Misdemeanor – 500 pounds or more but less than 1,000 pounds or has a volume of 100 cubic feet or more but less than 200 cubic feet or is disposed of for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet.
Ø State Jail Felony
1,000 pounds or more, has a volume of 200 cubic feet or more, or is disposed of for a commercial purpose and weighs 200 pounds or more, has a volume of 200 cubic feet or more, or is contained in a closed barrel or drum.
Ø Upgrading Charges and Felonies
If a person has been previously convicted of violating this Act, that person's punishment will be upgraded to the next highest category for any subsequent violation. For example, if a person has a prior conviction of a Class A misdemeanor, that person's punishment will be bumped up to a state jail felony the next time he/she is convicted.
Under Section 365.034, “upon proper notice, counties may remove and dispose of accumulated litter and assess the cost against the property owner,” Allison said.
If the county had to clean up the site in Harris County, Mitchell’s office consults with the commissioner’s office to determine what the county spent and then tacks that cost onto the criminal charges.
“That’s one of the first things our prosecutors get back,” Mitchell said.
Harris County’s success in the area of enforcement is due in large part to the elected officials and their support, said Haseman. The Harris County Commissioners Court launched the Environmental Crimes Division in 1992.
“Harris County has been very good about giving us the funding that we need,” Haseman emphasized.