Fighting Philadelphia Waste Disposal and Dumping Violation Charges

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Last Updated on: 5th December 2023, 08:31 pm

Fighting Philadelphia Waste Disposal and Dumping Violation Charges

Typical Penalties for Illegal Dumping

Depending on the circumstances, Philadelphia illegal dumping violations may lead to:

• Fines from $300 up to $1000 per offense. Each day a violation continues can be a separate offense.
• Restitution for cleanup/disposal costs incurred by the city. This can amount to thousands of dollars.
• Vehicle Impoundment – Vehicles used in dumping offenses may be impounded.
• License Suspension – For commercial waste disposal violations, business licenses can be suspended.
• Community Service – Courts may order community service hours, like cleaning litter.
• Jail Time – Repeat, serious offenders may face jail time if prior fines and penalties fail to deter them.

Defenses Against Illegal Dumping Charges

If cited for illegal dumping, there are several legal defenses to explore:

Lack of Evidence

• The city must provide evidence like photos/videos proving you dumped waste illegally. If evidence is lacking, the charges can potentially be dismissed.

Mistaken Identity

• If the city has the wrong person, you may avoid liability by proving you were not involved. Alibi evidence can help establish mistaken identity.

No Intent

• For some dumping offenses, prosecutors must prove you intentionally or knowingly dumped the waste. If intent cannot be established, you may avoid conviction.

Authorized Disposal

• It is not illegal dumping if you had consent or legal authorization to dispose of waste on a property. Evidence of authorization can defeat charges.

Necessity

• There is no violation if you dumped waste out of necessity to prevent greater harm or damage. However, strict requirements apply to claim this defense.

Unconstitutional Enforcement

• If you were singled out for selective or arbitrary enforcement, it may be possible to challenge the constitutionality of how the law was applied.

An experienced criminal defense lawyer can help assess whether any of these defenses apply in your specific case. The lawyer can also negotiate with prosecutors for reduced penalties or dismissal where appropriate.

Challenging the Fines and Penalties

If convicted of illegal dumping, there are still ways to challenge excessive fines or penalties:

Request Fine Reduction

• Fines span a wide range, giving courts discretion. Your lawyer can argue for minimizing fines based on ability to pay and other factors.

Challenge Restitution Costs

• You can dispute inflated cleanup bills and disposal fees levied by the city. Demand detailed evidence justifying their restitution request.

Object to License Suspension

• For commercial violations, you can argue suspension is an undue hardship and deprives your livelihood. Offer alternatives like probation or additional training.

Appeal the Conviction

• If errors occurred in the investigation or at trial, appeal to overturn the conviction altogether. This requires experienced appellate counsel.

Seek Alternative Sentencing

• Instead of fines or jail, ask the court to order community service or remedial training programs as a “sentence”. This avoids monetary penalties.

Do not let illegal dumping charges in Philadelphia go unanswered. With help from a knowledgeable lawyer, many defenses and options exist to mitigate the penalties. It is critical to act quickly once cited and build the strongest case possible in your favor.