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Help us crack down on open dumping

Illegal dumping of solid wastes is an unsightly and unhealthy problem in neighborhoods across Ohio, and Attorney General Yost’s Environmental Enforcement Section (EES) is committed to cracking down on it.

Coinciding with Earth Day 2023, we launched “Shine a Light on Dumpers,” a multipronged initiative to expose criminals who use their backyard – or, even more egregious, someone else’s property – as a massive garbage can.

Shine a Light on Dumpers consists of training, education, legal guidance, technical equipment, and investigative and prosecutorial assistance. Our experts provide these resources to local law enforcement agencies so that those agencies (with help from the public) are equipped to put a stop to illegal dumping in their communities.

The Ohio AGO’s role

The role of the AG’s Environmental Enforcement Section

Ohio Attorney General Dave Yost’s Environmental Enforcement Section has two units that deal with environmental crimes throughout the state: BCI’s Environmental Enforcement Unit and the Criminal Prosecution Unit.

Although the units often work cases that are referred to them by the Ohio Environmental Protection Agency (Ohio EPA) or the Ohio Department of Natural Resources (ODNR), they also work directly with local law enforcement agencies and prosecutor’s offices.

Environmental Enforcement Unit

This unit straddles the Environmental Enforcement Section and the Bureau of Criminal Investigation. It consists of BCI special agents who are certified peace officers with specialized training and experience in the investigation of environmental crimes. These agents are available to assist any local or state law enforcement agency in the investigation of suspected environmental crimes, including but not limited to:

Hazardous waste violations.
Illegal dumping of solid wastes, scrap tires and demolition debris.
Air pollution incidents, including illegal open burning.
Safe drinking water violations and water pollution crimes.

The unit also routinely coordinates closely with other specialized federal, state and local environmental criminal investigators within Ohio and can facilitate those investigators’ involvement in any investigation as necessary.

To request the help of the Environmental Enforcement Unit, call 1-800-348-3248 or email StopEnvironmentalCrimes@OhioAGO.gov.

Criminal Prosecution Unit

This unit prosecutes environmental crimes upon request.

The unit’s prosecutors have specialized knowledge of Ohio’s laws covering air pollution, asbestos abatement, water pollution, hazardous and solid wastes, construction and demolition debris, oil and gas regulations, commercial fishing and ODNR wildlife crimes. They are often appointed as special prosecutors to prosecute cases involving a conflict or multiple counties, or especially complex cases.

Any prosecutor’s office can request assistance by calling 614-466-2766 and asking for the Criminal Prosecution Unit supervisor, or by emailing StopEnvironmentalCrimes@OhioAGO.gov.

Resources for law enforcement/prosecutors

PRINTABLE VERSION: Quick reference guide

Frequently asked questionsOhio law at a glance

What is the difference between littering and open dumping of solid waste?
A: Open dumping felony charges typically involve a larger volume of garbage than misdemeanor littering charges. And unlike littering, open dumping often includes a financial motive or benefit. For example, when someone throws fast food wrappers out their window or on the ground, you might want to file littering charges. On the other hand, when someone recklessly dumps trash, garbage, solid wastes, or nonhazardous industrial wastes directly onto the ground or into surface water, that person can be charged with open dumping solid waste.
Can I charge someone with open dumping if they are stacking up trash bags outside their home??
A: Charges for open dumping of solid wastes do not apply to situations in which individuals are temporarily storing solid wastes before their collection for disposal. There might be zoning or housing code violations that apply to such situations. Check your local ordinances.
What do I do if I don’t know whether a dumped waste is hazardous?
A: If you suspect that a waste is hazardous, you should immediately contact the Ohio EPA (spill hotline: 1-800-282-9378) and/or the U.S. EPA (1-800-424-8802).
Can I get help with open-dumping cases or other environmental crimes?
A: Contact the Ohio Bureau of Criminal Investigation’s Environmental Enforcement Unit at 1-800-348-3248 or email StopEnvironmentalCrimes@OhioAGO.gov.
Does BCI’s Environmental Enforcement Unit have resources to combat open dumping?
A: Yes. BCI offers investigative assistance and, in certain circumstances, technical surveillance equipment.
Who can prosecute these cases?
A: A county prosecutor or, upon request, the Ohio Attorney General’s Environmental Criminal Prosecution Unit.
Who do we call for environmental incidents that aren’t crimes?
A: You can report a spill to the Ohio EPA’s spill hotline at 1-800-282-9378. You can submit an environmental complaint at epa.ohio.gov/stay-compliant/get-help/submit-a-complaint. You can also report an emergency chemical spill to the U.S. EPA at 1-800-424-8802.

The information presented here is intended as a quick reference guide for law enforcement officers throughout Ohio who are looking to determine whether an environmental situation qualifies under Ohio law as open dumping or open burning of solid wastes.

Ohio Revised Code 3734.03 – Open burning or open dumping of solid wastes

No person shall dispose of solid wastes by open burning or open dumping.

If done recklessly, the crime is an unclassified felony.

Ohio Revised Code 3734.99 - Penalty

Whoever recklessly open-burns or open-dumps solid waste is guilty of a felony and shall be fined at least $10,000 but not more than $25,000, or imprisoned for at least two years but not more than four years – or both.

Ohio Revised Code 3734.01 – Definitions

“Disposal” means the discharge, deposit, injection, dumping, spilling, leaking, emitting or placing of any solid wastes into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage or treatment.
“Solid wastes” are unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations.
- INCLUDES garbage, scrap tires, combustible and noncombustible material, street dirt and debris
- Does NOT INCLUDE infectious wastes, hazardous wastes, earth or material from construction, mining or demolition operations, or other waste materials of the type that normally would be included in demolition debris, spent nontoxic foundry sand, slag, and nontoxic and nonhazardous structural products made from shale and clay
“Open dumping” is the depositing of solid wastes into a body or stream of water or onto the surface of the ground at a site that is not a licensed solid waste facility or licensed scrap tire facility.
“Open burning” is the burning of solid wastes in an open area or in a type of chamber or vessel that is not approved or authorized by the Director of Ohio EPA in the rules.

Training for law enforcement/prosecutors

The Environmental Criminal Prosecution Unit and BCI’s Environmental Enforcement Unit, both part of the Ohio Attorney General’s Office, offer regional training seminars to help local law enforcement and prosecutors combat open dumping and open burning in their jurisdictions.

Attendees learn helpful tips on how to investigate incidents of open dumping and open burning of solid wastes as well as other environmental crimes. The training also provides the necessary legal framework for prosecuting such crimes and features case examples for both investigators and prosecutors.

The free trainings take place in person at various locations throughout the state. To register for a seminar, just click on the appropriate link below. If you have questions, please contact us at StopEnvironmentalCrimes@OhioAGO.gov.

Who should attend: police officers, sheriff deputies, sanitarians, code enforcement officers and prosecutors

Continuing Legal Education (CLE): 2 general hours

Continuing Professional Training (CPT): 2 general hours for Ohio peace officers and troopers

UPCOMING TRAINING SEMINARS

Central Ohio

Date: Sept. 21, 2023
Seminar times: 1-3 p.m.
Location: Highbanks Metro Park – Nature Center Multipurpose Room
9466 Columbus Pike
Lewis Center, OH 43035
Registration: https://www.surveymonkey.com/r/3JDZ9VZ

Map

Southwest Ohio

Date: Oct. 19, 2023
Seminar times: 1-3 p.m.
Location: Caesar Creek State Park – Hopewell Day Lodge
8570 E. State Route 73
Waynesville, OH 45068
Registration: https://www.surveymonkey.com/r/3J3NBG3

Map

Southeast Ohio

Date: Nov. 9, 2023
Seminar times: 10 am.-noon and 1-3 p.m.
Location: Hocking Hills Lodge & Conference
Center
20020 State Route 664 South
Logan, OH 43138
Registration: https://www.surveymonkey.com/r/VYGQBN7

Map

East Central Ohio

Date: Dec. 14, 2023
Seminar times: 1-3 p.m.
Location: Salt Fork State Park – Lodge & Conference Center, Stone House Room
14755 Cadiz Rd.
Lore City, OH 43755
Registration: https://www.surveymonkey.com/r/3SR2Q3N

Map

Resources for the general public

BROCHURE: AG’s Environmental Enforcement Unit

Frequently asked questionsA rundown of Ohio lawWhere to report a dumper

What are solid wastes?
A: Solid wastes are unwanted residual solid or semi-solid materials that result from industrial, commercial, agricultural and community operations. They INCLUDE garbage, scrap tires, combustible and noncombustible material, street dirt and debris. They DO NOT INCLUDE infectious wastes; hazardous wastes; earth or materials from construction, mining or demolition operations; or other waste materials of the type that normally would be included in demolition debris, spent nontoxic foundry sand, slag, and nontoxic and nonhazardous structural products made from shale and clay.
What are scrap tires?
A: Scrap tires are unwanted or discarded tires. They are included in the definition of solid wastes.
What is considered open dumping solid waste?
A: Open dumping occurs when a person deposits solid wastes into a body or stream of water or onto the surface of the ground at a site that is not a licensed solid-waste facility or licensed scrap-tire facility.
What is the difference between littering and open dumping of solid waste?
A: Felony open-dumping charges typically involve a larger volume of garbage than do misdemeanor littering charges. And, unlike littering, open dumping often involves a financial motive. When someone throws fast-food wrappers out a window or on the ground, the person is littering. When someone recklessly dumps trash, garbage, solid wastes or nonhazardous industrial wastes directly onto the ground or into surface water, that person is open dumping.
Is it considered open dumping when a homeowner stacks up trash bags outside his/her residence?
A: Open-dumping charges do not apply to situations in which individuals are temporarily storing solid wastes before their collection for disposal. There might be zoning or housing code violations that apply to such situations. Check your local ordinances.
What counts as open burning solid waste?
A: Open burning solid wastes is when someone burns solid wastes in an open area.
What should I do if I don’t know whether a dumped waste is hazardous?
A: You can check the container for hazardous labels (flammable, corrosive, reactive, or toxic). If you don’t know the contents of a drum, you should not open the container. If you suspect a waste is hazardous and contaminating the environment, you should immediately contact Ohio EPA by calling their spill hotline at 1-800-282-9378 and/or the U.S. EPA (1-800-424-8802).
Where do I report open dumping?
A: You can report open dumping or open burning of solid wastes to your local police department by calling 9-1-1 (if the offense is actively occurring) or by calling the non-emergency number. You can also report the incident to Ohio EPA by submitting a complaint online at epa.ohio.gov/stay-compliant/get-help/submit-a-complaint. (Some counties have a specific phone number or website to report environmental crimes; see “Resources for the general public/Where to report a dumper?”).
Who can prosecute these cases?
A: A county prosecutor or, upon request, the Ohio Attorney General’s Environmental Criminal Prosecution Unit.
Who do I call for environmental incidents that aren’t crimes?
A: You can report a spill to Ohio EPA’s spill hotline at 1-800-282-9378. The spill hotline can be used to report emergencies involving the release of any material that impacts public health or the environment, including chemicals, petroleum, manure, and fires/explosions. You can submit an environmental complaint that is not emergency at epa.ohio.gov/stay-compliant/get-help/submit-a-complaint. You can also report an emergency chemical spill to the U.S. EPA at 1-800-424-8802.

Open dumping and open burning of solid wastes

Open dumping and open burning of solid wastes are crimes that affect communities throughout the state. There are many tools available under Ohio’s solid waste laws to help combat the illegal activity. One such tool is prosecuting offenders who open-dump and/or open-burn solid wastes. This primer is designed to give Ohioans a better understanding of Ohio laws prohibiting open dumping and open burning – as well as the difference between solid wastes and infectious wastes.

SOLID WASTES AND SCRAP TIRES

What are solid wastes?

Solid wastes are unwanted residual solid or semi-solid materials that result from industrial, commercial, agricultural and community operations. This INCLUDES, but is not limited to, garbage, scrap tires, combustible and noncombustible material, street dirt and debris. It does NOT INCLUDE infectious wastes; hazardous wastes; earth or materials from construction, mining or demolition operations; or other waste materials of the type that normally would be included in demolition debris, nontoxic fly ash and bottom ash, spent nontoxic foundry sand, slag, and nontoxic and nonhazardous structural products made from shale and clay. Ohio Revised Code 3734.01(E).

What are scrap tires?

Scrap tires are unwanted or discarded tires. They are solid wastes.

What Ohio law prohibits open dumping/open burning of solid wastes?

Ohio Revised Code 3734.03: No person shall dispose of solid wastes by open dumping or open burning. [There are exceptions under the statute for solid wastes and scrap tires that are disposed of at a licensed facility under Ohio EPA rules and for dead animals that are burned or buried at least 4 feet deep under Ohio Revised Code 941.14.]

Definitions

Ohio Revised Code 3734.01

(D) “Disposal” means:

the discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any solid wastes or hazardous waste into or on any land or ground or surface water or into the air, except if the disposition or placement constitutes storage or treatment
or, if the solid wastes consist of scrap tires, the disposition or placement constitutes a beneficial use or occurs at a scrap tire recovery facility licensed under section 3734.81 of the Revised Code.
"Disposal" does not include the process of converting post-use polymers and recoverable feedstocks using gasification or pyrolysis.

(G) “Person” includes:

the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1.59 [an individual, corporation, business trust, estate, trust, partnership, and association] of the Revised Code.

(H) “Open burning,” for purposes of solid waste, means:

the burning of solid wastes in an open area.

(I) “Open dumping” means:

Depositing solid wastes into a body or stream of water or onto the surface of the ground at a site that is not licensed as a solid waste facility under Ohio Revised Code 3734.05, or if the solid wastes consist of scrap tires, [not licensed] as a scrap tire collection, storage, monocell, monofill, or recovery facility under section 3734.81 [board of health scrap tire license] of the Revised Code;
the depositing of solid wastes that consist of scrap tires onto the surface of the ground at a site or in a manner not specifically identified in divisions (C)(2) to (5), (7), or (10) of section 3734.85 [enforcement and removal] of the Revised Code.

Penalty

Ohio Revised Code 3734.99(A) – Whoever recklessly open dumps or open burns solid waste is guilty of a felony and shall be fined at least $10,000 but not more than $25,000, or imprisoned for at least two years but not more than four years – or both.

Penalty for second conviction

Ohio Revised Code 3734.99(C) – Upon a second or subsequent conviction, the offender shall be fined at least $25,000 but not more $50,00 per day of violation, or imprisoned for at least two years but not more than four years – or both.

INFECTIOUS WASTES

What are infectious wastes?

Infectious wastes, as defined in Ohio Revised Code 3734.01(R), are any wastes or combination of wastes that include cultures and stocks of infectious agents and associated biologicals, human blood and blood products, and substances that were or are likely to have been exposed to or contaminated with or are likely to transmit an infectious agent or zoonotic agent, including all of the following:

Laboratory wastes.
Pathological wastes.
Animal blood and blood products.
Animal carcasses and parts.
Waste materials from the rooms of humans, or the enclosures of animals, that have been isolated because of diagnosed communicable disease that are likely to transmit infectious agents. Such waste materials from the rooms of humans do not include any wastes of patients who have been placed on blood and body fluid precautions under the universal precaution system established by the centers for disease control in the public health service of the United States department of health and human services, except to the extent specific wastes generated under the universal precautions system have been identified as infectious wastes by rules adopted under division (R)(7) of this section.
Sharp wastes used in the treatment, diagnosis, or inoculation of human beings or animals.
Any other waste materials generated in the diagnosis, treatment, or immunization of human beings or animals, in research pertaining thereto, or in the production or testing of biologicals, that the director of health, by rules adopted in accordance with Chapter 119. of the Revised Code, identifies as infectious wastes after determining that the wastes present a substantial threat to human health when improperly managed because they are contaminated with, or are likely to be contaminated with, infectious agents.

“Blood products” does not include patient care waste, such as bandages or disposable gowns that are lightly soiled with blood, or other body fluids unless those wastes are soiled to the extent that the generator of the wastes determines that they should be managed as infectious wastes.

What Ohio law prohibits open dumping/open burning of infectious wastes?

Ohio Revised Code 3734.03 – No person shall dispose of treated or untreated infectious wastes by open burning or open dumping.

Definitions

Ohio Revised Code 3734.01

(G) “Person” includes:

the state, any political subdivision and other state or local body, the United States and any agency or instrumentality thereof, and any legal entity defined as a person under section 1.59 [an individual, corporation, business trust, estate, trust, partnership, and association] of the Revised Code.

(H) “Open burning” means:

the burning of treated or untreated infectious wastes in an open area or in a type of chamber or vessel that is not approved in the rules adopted by the director under section 3734.021 of the Revised Code.
- See Ohio Administrative Code 3745-27-32(C) for infectious waste incineration rules.

(I) “Open dumping” means:

the depositing of untreated infectious wastes into a body or stream of water or onto the surface of the ground; or the depositing of treated infectious wastes into a body or stream of water or onto the surface of the ground at a site that is not licensed as a solid waste facility under section 3734.05 of the Revised Code.

(S) “Infectious agent” means:

a type of microorganism, pathogen, virus, or proteinaceous infectious particle that can cause or significantly contribute to disease in or death of human beings.

(T) “Zoonotic agent” means:

a type of microorganism, pathogen, or virus that causes disease in vertebrate animals, is transmissible to human beings, and can cause or significantly contribute to disease in or death of human beings.

Penalty

Ohio Revised Code 3734.99(A) – Whoever recklessly open-dumps or open-burns infectious wastes is guilty of a felony and shall be fined at least $10,000 but not more than $25,000 or imprisoned for at least two years but not more than four years – or both.

Penalty for second conviction

Ohio Revised Code 3734.99(C) – Upon a second or subsequent conviction, the offender shall be fined at least $25,000 but not more $50,000 per day of violation, or imprisoned for at least two years but not more than four years – or both.

Success stories

Prosecution success stories

The attorney general’s Environmental Enforcement Section is committed to going after scofflaws who treat the environment like a dumping ground. Here’s a sampling, presented alphabetically by county, of the section’s prosecution successes involving open dumping and open burning of solid wastes.

Allen County

Belmont County

Clermont County

Defendant: Donald Combs

Court

Clermont County Common Pleas (2020 CR 1075 and 2020 CR 223)

Charges

Indicted by a grand jury in February and December 2020 on four counts of open dumping of solid waste, two counts of violating a director’s orders, two counts of operating a solid waste facility without a license, one count of illegally operating a construction and demolition debris facility, and one count of air pollution (unclassified misdemeanors and felonies)

Case facts

Combs spent years flouting Ohio EPA directives to stop discarding waste illegally. He built trash piles 20 feet high across acres of his land and even started dumping debris on an adjacent property. His blatant disregard for his neighbors’ well-being exposed them to potential disease from rodents and mosquitos and substantially affected their home values.

The Ohio Attorney General’s Office worked with the Ohio EPA to file court actions to shut down his illegal operation. When agents with BCI’s Environmental Enforcement Unit executed a search warrant at Combs’ residence, they discovered that some of the illegally dumped solid waste had been buried under the ground.

The many findings in the Combs criminal investigation were presented to a Clermont County grand jury; the charges against him followed.

Not long before the criminal sentencing, a Clermont County judge imposed $1.49 million in civil penalties against Combs, described as “one of the most, if not the most, recalcitrant violators” ever encountered by the Ohio EPA.

Plea

Guilty to eight unclassified felonies, including open dumping of solid wastes, illegal operation of a solid waste landfill without a license, and violating a director’s orders

Sentencing

On July 6, 2021, Combs was sentenced to four years in prison.

Sentencing factors

Still to be addressed is the mess Combs left behind in southwestern Ohio while he serves his prison sentence. The cleanup costs are estimated at $1.3 million. Combs has filed for bankruptcy, but Attorney General Yost and his team are working to do everything possible to ensure that Combs is held financially responsible for the eyesore he created.

Defendant

Robert Grissinger

Court

Clermont County Common Pleas (20 CR 1074)

Charges

Open dumping of solid wastes

Case facts

In July 2019, a wildlife officer for the Ohio Department of Natural Resources (ODNR) responded to a report of an abandoned boat full of trash at the boat ramp on Twin Bridges Road in the East Fork Wildlife Area.

On the boat, the officer found televisions, furniture, plastic pools, a scrap tire and assorted household garbage. Relying on a shipping-label address on a cardboard box found in the boat as well as other information, the officer determined that the boat and trash potentially belonged to Grissinger.

ODNR requested investigative assistance from BCI’s Environmental Enforcement Unit, who interviewed Grissinger’s ex-wife. She confirmed that the abandoned boat and other solid waste belonged to Grissinger, explaining that the boat didn’t run and was used to dispose of solid waste from the couple’s former residence. The previous summer, she said, she returned home from work one day and the boat was gone.

Investigators later interviewed Grissinger, who reluctantly admitted that he’d left the boat full of solid waste at the Twin Bridges ramp. He knew it was illegal, he said, but wanted to avoid paying disposal fees.

Plea

Grissinger pleaded guilty to open dumping of solid wastes.

Sentencing

On June 8, 2021, he was sentenced to two years of community control, required to write an apology letter to ODNR, ordered to pay $3,000 in restitution to Zach’s Towing for disposal fees, and ordered to perform 100 hours of community service.

Clinton County

Columbiana County

Geauga County

Highland County

Summit County

Williams County