Littering and Illegal Dumping
SC Code of Laws § 16-11-700: A person cannot dump, throw, or leave litter (including cigarette butts) on any public or private property in South Carolina, unless they have permission from the property owner. This includes places like highways, parks, beaches, and streets. The only exceptions are if the property is designated for waste disposal and the person is allowed to use it, or if the litter is placed in a container in a way that prevents it from being blown away or scattered.
| Misdemeanor | Examples | Base Fine | Community Service | Imprisonment | Other Penalties |
|---|---|---|---|---|---|
| Littering < 15 Pounds | Cigarette butt, fast food trash | $25-100 | 8 hours | 30 days | – |
| Illegal Dumping < 15 Pounds | Full kitchen trash bag | $50-150 | 16 hours | 30 days | – |
| Illegal Dumping 15-500 Pounds | Tires, mattresses | $200-500 | 16-32 hours | 30 days | – |
| Illegal Dumping > 500 Pounds | Numerable tires, mattresses, bags of trash, etc. | $500-1000 | – | 1 year | Must remove litter; repair or restore any damaged property; perform community service hours until site is cleared |
Fines, community service, and imprisonment penalties reflect those imposed by South Carolina state law.
Vehicle Violations
SC Code of Laws § 56-5-4100: Vehicles on public highways must be loaded or built in a way that prevents their contents from falling or leaking out, except for sand, salt, or chemicals used to improve traction, or water used by authorities to clean or maintain the road. Additionally, the load and any covering must be securely fastened to avoid becoming a hazard. Failure to do so is punishable by a base fine of up to $100. If anything falls off the vehicle and creates a danger or obstruction, the driver must quickly clean it up and cover any associated cost.
SC Code of Laws § 48-53-10: No vehicle which transports litter may be driven or moved on any highway unless the litter is secured by means of a covering which is fastened securely so as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping from the vehicle. Failure to do so is punishable by a base fine of up to $200.
Act 214
In 2018, South Carolina passed Act 214, which updated Section 16-11-700 of the state litter laws. The law gives courts more flexibility in handling litter cases by making it easier to assign community service for litter pickup without supervision. It also categorizes violations and defines litter more clearly, ensuring penalties match the severity of the offense.
Quick Facts
- Local governments must meet these base fines, but many have imposed higher fines and other penalties. Refer to your municipalities’ Code of Laws or consult with a local enforcement agency for litter laws imposed in your jurisdiction.
- Magistrate and municipal courts may impose court fines in addition to state law fines.
- The courts fit the penalty to the individual crime. Judges may decide to forego fines in exchange for the offender completing any assigned number of litter-gathering labor hours or forego community service hours for higher fines.
- The Department of Public Safety maintains statistical information regarding citations issued pursuant to these laws.
Definitions
Litter: Includes any trash or solid waste, such as paper, cans, bottles, cigarette butts, and similar items, that is improperly thrown, dumped, or left on public or private property or in water without permission.
Littering: Act of improperly disposing of trash or waste on public or private property or in water without permission from the property owner, generally less than 15 pounds.
Illegal dumping: Unauthorized disposal of large amounts of waste, such as furniture, appliances, tires, or construction debris, on public or private property instead of at a proper waste facility, generally more than 15 pounds.
Litter-gathering labor: Litter-gathering labor is a form of court-ordered community service in which a person convicted of littering or illegal dumping is required to pick up and properly dispose of litter from public areas.
Litter control officer: A litter control officer is a public official, often employed by a county or municipality, whose primary responsibility is to enforce litter control laws and ordinances. These officers may investigate complaints, issue citations for littering violations, and work to improve public awareness about the negative impacts of litter.
Prima facie: In South Carolina, law enforcement typically needs prima facie evidence, which is proof clearly linking a person to the litter, to issue a citation. This can include identifying information, like a name or address on discarded mail or packaging. Even without witnessing the act, officers can cite someone if such evidence is present, unless the person can prove otherwise (e.g., the trash was stolen or dumped by someone else). Civilians can report littering, but a citation usually requires more than just an eyewitness account. Without identifying evidence, it may not be enough to pursue enforcement.