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



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



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



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



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



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