13-1603. Criminal littering or polluting;
classification


A. A person commits criminal littering or polluting if such person without lawful
authority does any of the following:


1. Throws, places, drops or permits to be dropped on public property or property of
another which is not a lawful dump any litter, destructive or injurious material which he
does not immediately remove.


2. Discharges or permits to be discharged any sewage, oil products or other harmful
substances into any waters or onto any shorelines within the state.


3. Dumps any earth, soil, stones, ores or minerals on any land.


B. Criminal littering or polluting is punished as follows:


1. A class 6 felony if a knowing violation of subsection A in which the amount of
litter or other prohibited material or substance exceeds three hundred pounds in weight
or one hundred cubic feet in volume or is done in any quantity for a commercial purpose.


2. A class 1 misdemeanor if the act is not punishable under paragraph 1 of this
subsection and involves placing any destructive or injurious material on or within fifty
feet of a highway, beach or shoreline of any body of water used by the public.


3. A class 2 misdemeanor if not punishable under paragraph 1 or 2 of this
subsection.