§342H-37  Felony disposal of solid waste. (a)  A person commits the offense of felony disposal of solid waste if theperson:

(1)  Knowingly discards, disposes of, deposits,discharges, or dumps solid waste, or by contract or otherwise arranges directlyor indirectly for the disposal of solid waste in an amount equal to or greaterthan ten cubic yards in volume anywhere other than a permitted solid wastemanagement system without the written approval of the director;

(2)  After having been sentenced under this section orsection 342H-39 on two separate and prior occasions, knowingly discards,disposes of, deposits, discharges, or dumps solid waste, or by contract orotherwise arranges directly or indirectly for the disposal of solid waste in anamount equal to or greater than one cubic yard in volume anywhere other than apermitted solid waste management system without the written approval of thedirector; or

(3)  Knowingly discards, disposes of, deposits,discharges, or dumps solid waste, or by contract or otherwise arranges directlyor indirectly for the disposal of solid waste anywhere other than a permittedsolid waste management system without the written approval of the director forwhich the expense of recovering, removing, restoring, and lawfully disposing ofthe solid waste exceeds $1,500.

(b)  This section shall not supersede any otherdisposal prohibitions established under federal, state, or county law,ordinance, regulation, or rule.

(c)  Felony disposal of solid waste is a classC felony for which a maximum fine of $50,000 for each separate offense may beimposed. [L 2004, c 143, pt of §1; am L 2005, c 105, §3]