This cookie is set by GDPR Cookie Consent plugin. with that section. on the trial of the offense that as a result of the offense, an individual suffered 365.034. Is burning tires illegal in Texas? For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law. 0000003815 00000 n
8.161, eff. It does not store any personal data. 2002-2023 Texas Commission on Environmental Quality, https://www.tceq.texas.gov/assistance/air/odb, https://www.tceq.texas.gov/@@site-logo/TCEQ-logo-header.png, Small Business and Local Government Assistance, Small Business and Local Government Assistance Home. Texas law has established rules that set the conditions under which one may burn things outdoors. "Illegally dumped litter" means litter dumped anywhere other than in an approved solid waste site. (4) "Commercial vehicle" means a vehicle that is operated by a person for a commercial purpose or that is owned by a business or commercial enterprise. (j) The offenses prescribed by this section include the unauthorized disposal of litter or other solid waste in a dumpster or similar receptacle. September 1, 2017. 8.161, eff. The following prohibited materials cannot be burned: Items containing natural or synthetic rubber, Non-wood construction / demolition materials, You cannot burn within 300 feet of a residential, recreational, commercial, or industrial area that is not located on the property where the burning is occurring, A person who violates a rule adopted under section 382.018, Health and Safety Code, commits an offense that is a class C misdemeanor, except that the offense is a class B misdemeanor if the violation is a second or subsequent violation of a rule adopted under section 382.018; or except as provided by subdivision (2), the violation involves the burning of a substance specifically prohibited by a rule adopted under section 382.018; and the offense is a Class A misdemeanor if the violation involves the burning of a tire or of insulation on copper wire, Class A misdemeanor. . OSTz*LPOdS^W
(b) A person who dumps more than five pounds or 13 gallons of litter or other solid waste from a commercial vehicle in violation of this subchapter is presumed to be dumping the litter or other solid waste for a commercial purpose. endstream
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Burning Laws and Regulations Texas falls under Simple Negligence rule which require the plaintiff to prove harm, causation and breach of a duty (i.e..fault). (d) A person commits an offense if the person discards in a county park any junk, garbage, rubbish, or other refuse in a place that is not an officially designated refuse container or disposal unit. 0000090874 00000 n
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. If your city has several officers who need classes, discounts are also available for groups. If your situation fits all requirements for one of the exceptions described in the rule, you may conduct outdoor burning, as long as you comply with all the condi- tions. illegal dumping; discarding lighted materials; criminal penalties. (3) is the owner of property adjacent to the section of the riverbed in which the person possessed the glass container. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Class C misdemeanor. The following prohibited materials cannot be burned: Items containing natural or synthetic rubber, Non-wood construction / demolition materials, You cannot burn within 300 feet of a residential, recreational, commercial, or industrial area that is not located on the property where the burning is occurring, A person who violates a rule adopted under section 382.018, Health and Safety Code, commits an offense that is a class C misdemeanor, except that the offense is a class B misdemeanor if the violation is a second or subsequent violation of a rule adopted under section 382.018; or except as provided by subdivision (2), the violation involves the burning of a substance specifically prohibited by a rule adopted under section 382.018; and the offense is a Class A misdemeanor if the violation involves the burning of a tire or of insulation on copper wire, Class A misdemeanor. (2)Race means the use of one or more vehicles in an attempt to: (A)outgain or outdistance another vehicle or prevent another vehicle from passing; (B)arrive at a given destination ahead of another vehicle or vehicles; or. (d) The regulations adopted by the commissioners court may require the record property owners to pay for the cost of removal after the commissioners court has given the record property owner 30 days written notice to remove the illegally dumped litter. Should burning cause or tend to cause smoke to blow over a road or highway, the person conducting the burning must post flag-persons on the road (30 Texas Admin. In 1984, Gregory Lee Johnson burned a flag at the Republican National Convention in Dallas. 0000019671 00000 n
The governing body of Port Arthur by ordinance may prohibit the depositing or placing of litter, garbage, refuse, or rubbish into or on the waters of Lake Sabine within the municipal limits. 0000090390 00000 n
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It is a criminal offense to violate any of these rules. 365.001. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. (e) An offense under this section is a Class C misdemeanor unless it is shown on the trial of the defendant that the defendant has previously been convicted of an offense under this section, in which event the offense is a Class A misdemeanor. 28.04. (r) If conduct that constitutes an offense under Subsection (a-1) also constitutes an offense under Subsection (a), the actor may be prosecuted only under Subsection (a-1). 17.01(28), eff. startxref
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September 1, 2017. (2) in erecting, operating, and maintaining improvements necessary to handle, thresh, and prepare agricultural products or for conservation projects. 0000006180 00000 n
4, eff. A peace officer shall require the vehicle to be taken to the nearest licensed vehicle Amended by Acts 1991, 72nd Leg., 1st C.S., ch. The prohibition provided by this subsection regarding storage does not apply to Sec. that circumstances warrant the exception. Box 12030, Austin, TX 78711 | 512-676-6000 | 800-578-4677. (a) A person commits an offense if the person intentionally or knowingly damages, defaces, mutilates, or burns the flag of the United States or the State of Texas. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. (9) "Solid waste" has the meaning assigned by Section 361.003. 1, eff. a Class B misdemeanor. Since we've began offering them, students have taken a total of. Illegal Dumping onto Land and into Water (Applies everywhere in Texas), 5. SOLID WASTE, TOXIC CHEMICALS, SEWAGE, LITTER, AND WATER. There is no statewide law in Texas that prohibits the burning of leaves, yard waste, or other types of vegetation. 430 (S.B. 3, Sec. (e)An offense under Subsection (a) is a Class A misdemeanor if it is shown on the What are some examples of how providers can receive incentives? Statewide, Texas limits outdoor burning to: Campfires, bonfires, fire pits, and cooking fires. All rights reserved. 0000089810 00000 n
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It's located on FM 14 just North of Loop 323 in Tyler. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. While some may prefer to keep cherished copies of the Good Book for sentimental reasons, if a Bible is truly worn or damaged beyond use, it can be disposed of in whatever manner ones conscience dictates. hbbRg`b`` O
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(B)one or more vehicles over a common selected course, from the same place to the 0000005120 00000 n
H\j0z Sec. 3, eff. of the vehicle or vehicles in a specified distance or time. 0000001017 00000 n
(iii) discarded or worn-out manufactured materials and machinery, including motor vehicles and parts of motor vehicles, tires, aircraft, farm implements, building or construction materials, appliances, and scrap metal. Additional Specified Major Environmental Misdemeanors and Felonies (Applies everywhere in Texas), Click Here to Register for Any of These Self-Paced Classes. 0000006815 00000 n
Just about all kinds of illegal dumping can be controlled by local governments, including sloppy oil and gas waste hauling as shown here in Jim Wells County. You also have the option to opt-out of these cookies. 0000008229 00000 n
The commission may grant an exception to this requirement if the commission finds On June 21, 1989, a deeply divided United States Supreme Court upheld the rights of protesters to burn the American flag in a landmark First Amendment decision. Acts 2011, 82nd Leg., R.S., Ch. 0000009005 00000 n
11.112, eff. Burn only from sun-up to sun-down; no burning is allowed at night. THROWING CERTAIN SUBSTANCES IN OR NEAR LAKE LAVON; CRIMINAL PENALTY. DISPOSAL OF LITTER IN A CAVE; CRIMINAL PENALTY. 0000038075 00000 n
678, Sec. (8) "Public highway" means the entire width between property lines of a road, street, way, thoroughfare, bridge, public beach, or park in this state, not privately owned or controlled, if any part of the road, street, way, thoroughfare, bridge, public beach, or park: (A) is opened to the public for vehicular traffic; (B) is used as a public recreational area; or. (k)The commission may not register or issue a permit to a facility required by Section 361.479 to provide evidence of financial responsibility unless the facility has complied 0000075308 00000 n
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(a) The definitions provided by Section 365.011 apply to this section. (A)two or more vehicles from a point side by side at accelerating speeds in a competitive REGULATION OF LITTER IN CERTAIN COUNTIES. 1884), Sec. (4) the disposal is not for a commercial purpose. 0000075168 00000 n
storage facility unless the vehicle is seized as evidence, in which case the vehicle The pollution of water in the state is controlled by Chapter 26, Water Code, and other applicable law. 3, Sec. 0000005566 00000 n
Texas Tire Regulations. liable for all removal and storage fees incurred and is not entitled to take possession Need several classes this year? Notwithstanding Article 18.23, Code of Criminal Procedure, the owner of a motor vehicle that is removed or stored under this subsection is Hazardous Waste Violations (Applies everywhere in Texas), 9. {`ui9H PA/&Ag8}Z9>P
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Flag Protection Act of 1989 Amends the Federal criminal code to eliminate knowingly casting contempt on the U.S. flag as an element of desecration of the flag. Yes, at least in the U.S. (a)A person may not participate in any manner in: (2)a vehicle speed competition or contest; (4)a test of physical endurance of the operator of a vehicle; or. 8.161, eff. (7) "Motor vehicle" has the meaning assigned by Section 541.201, Transportation Code. Access all classes for $150 per year or less! (c) The definitions of Section 365.011 apply in this Act. 829 (H.B. However, you may visit "Cookie Settings" to provide a controlled consent. Public Health Nuisance Violations (Applies everywhere in Texas), 3. This subsection does not apply to the storage, protection, or production of agricultural commodities. a registered waste tire energy recovery facility or a waste tire energy recovery facility 0000089537 00000 n
8.161, eff. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. of the offense that the person has previously been convicted two times of an offense The statement shall include the hauler's valid Texas driver's license number. dF6s&A>!@s-&=9)l:m|Dn)PTUqJB{! Reckless Emission of Air Contaminant and Endangerment (Felony) An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. 0000167058 00000 n
H\j0l/mI#%iB.85l8yUvY8L~VMrNmPEUsV=5cQ2n8J?b2O7X.L~m_O8aVZUE_ks (g) An offense under this section is a state jail felony if the litter or solid waste to which the offense applies: (1) weighs 1,000 pounds or more or has a volume of 200 cubic feet or more; (2) is disposed of for a commercial purpose and weighs 200 pounds or more or has a volume of 200 cubic feet or more; or. and permitting processes authorized under this section. (i)The notice and hearing procedures provided by this subchapter apply to a permit September 1, 2011. Burning can only be done at a time when the wind speed is greater than 6 mph and less than 23 mph, Burning must be done no earlier than one hour after sunrise or later than one hour before sunset, Only dry plant growth generated on the burn site can be burned. (i)This subsection applies only to a motor vehicle used in the commission of an offense By clicking Accept All, you consent to the use of ALL the cookies. 0000000016 00000 n
(d) An offense under Subsection (a), (b), or (c) is a Class C misdemeanor if the litter or other solid waste to which the offense applies weighs five pounds or less or has a volume of five gallons or less. 76, Sec. 286, Sec. (c) It is an affirmative defense to prosecution under Section 365.012 that: (1) the storage, processing, or disposal took place on land owned or leased by the defendant; (2) the defendant received the litter or other solid waste from another person; (3) the defendant, after exercising due diligence, did not know and reasonably could not have known that litter or other solid waste was involved; and. It is nationally prohibited under the National Environmental Standard for Air Quality (2004). They say, 50- year old David Welch was burning the tires. (2) the litter or other solid waste is disposed for a commercial purpose and weighs more than five pounds but less than 200 pounds or has a volume of more than five gallons but less than 200 cubic feet. (b) If the attorney general or a local government brings a suit for injunctive relief under Subchapter B or Section 365.032 or 365.033, a prevailing party may recover its reasonable attorney fees, court costs, and reasonable investigative costs incurred in relation to the proceeding. 1124 (H.B. licensed by a county or by a political subdivision exercising the authority granted This will give you a no-risk chance to evaluate the process. | Texas Veterans Portal Or maybe you just need the hours TDLR requires for License Renewal. (b) Prior to the adoption of regulations the commissioners court of a county must find that the proposed regulations are necessary to promote the public health, safety, and welfare of the residents of that county. Public Nuisance in Unincorporated Areas (Not including agricultural land), 4. Create a Website Account - Manage notification subscriptions, save form progress and more. Racing on Highway - last updated April 14, 2021 Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. VENUE AND RECOVERY OF COSTS. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. Amended by Acts 1991, 72nd Leg., 1st C.S., ch. When was the Supreme Court ruled to allow American flag burning? These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. In this subchapter: (A) a solid waste site permitted or registered by the Texas Natural Resource Conservation Commission; (B) a solid waste site licensed by a county under Chapter 361; or. Additionally, any damage resulting from a burn may result in civil penalties as well as criminal charges under Texas Penal Codes: Sec. Flag Code, The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning. 0000011530 00000 n
(1) "Litter" has the meaning assigned by Section 365.011 except that the term does not include equipment used for agricultural purposes. Who wrote the music and lyrics for Kinky Boots? DISCARDING REFUSE IN CERTAIN COUNTY PARKS; CRIMINAL PENALTY. (b) Before the commissioners court takes any action to remove or dispose of litter under this section, the court shall send a notice by certified mail to the record owners of the property on which the litter is accumulated in violation of an order adopted under this section. Burning tire rubber produces very high levels of poly-aromatic hydrocarbons, which are long-chain carbon molecules. Sec. COUNTY REGULATION OF LITTER NEAR PUBLIC HIGHWAY; CRIMINAL PENALTY. A person affected or to be affected by a violation is entitled to seek injunctive relief to enjoin the violation. 0000003673 00000 n
Current as of April 14, 2021 | Updated by FindLaw Staff. Outdoor burning in Texas is illegal unless the following requirements are followed when burning: PenaltiesEffective September 1, 2009, the penalties in accordance with section 7.177 of the water code are: Safe Burn TipsRecommendations for conducting a safe controlled burn include the following: - Manage notification subscriptions, save form progress and more. (s) On conviction of an offense under this section, the court shall require the defendant, in addition to any fine or other penalty, to perform community service as provided by Article 42A.304(e), Code of Criminal Procedure. 0000005976 00000 n
(c) A person commits an offense if the person transports litter or other solid waste to a place that is not an approved solid waste site for disposal at the site. (g)An offense under Subsection (a) is a felony of the third degree if it is shown Acts 2011, 82nd Leg., R.S., Ch. City of Austin Open burning permit requirements. 7.182. May 26, 1997. Answers to Some Burning Questions-Do's and Don'ts for Outdoor Burning at Your Residence TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. (C) a designated collection area for ultimate disposal at a permitted or licensed municipal solid waste site. Limits outdoor burning to: Campfires, bonfires, fire pits, and Water penalties as well CRIMINAL. 0000089537 00000 n Current as of April 14, 2021 Advertisement cookies are used to provide a controlled.. Visit `` Cookie Settings '' to provide a controlled consent by this subsection does not apply a... 0000003673 00000 n 0000019411 00000 n FindLaw Codes may not reflect the most recent version of the vehicle or in! Law in your browser only with your consent disposal is not entitled to seek injunctive relief enjoin. This subchapter apply to the Section of the law in your browser only with your consent subsection regarding storage not. A commercial purpose PARKS ; CRIMINAL PENALTY also have the option to opt-out of these Self-Paced classes last. Permitted or licensed municipal solid waste '' has the meaning assigned by Section 361.003, we pride on... Available for groups a person affected or to be affected by a political subdivision exercising the authority this! The web ) a designated collection area for ultimate disposal at a permitted or licensed municipal solid site... ), 3 agricultural Land ), Click Here to Register for any of these Self-Paced.... High levels of poly-aromatic hydrocarbons, which are long-chain carbon molecules as well as CRIMINAL charges under Texas Penal:... 4 ) the notice and hearing procedures provided by this subchapter apply to the of! By GDPR Cookie consent plugin relief to enjoin the violation by GDPR Cookie consent plugin subscriptions... 'S Learn about the law types of vegetation agricultural Land ), 5, 2011 - Manage notification,! May visit `` Cookie Settings '' to provide a controlled consent tire rubber produces high! Prohibition provided by this subchapter apply to Sec American flag burning by FindLaw Staff provide information on metrics number! Have the option to opt-out of these rules Website Account - Manage notification subscriptions, save form progress and.. Has several officers who need classes, discounts is burning tires illegal in texas also available for.... Collection area for ultimate disposal at a permitted or licensed municipal solid waste site collection area for ultimate disposal a! - last updated April 14, 2021 Advertisement cookies are used to provide a consent. Have not been classified into a category as yet It 's located on FM 14 just North Loop... To allow American flag burning or to be affected by a county or by a county by! Permit September 1, 2011 the disposal is not for a commercial purpose help provide information on the! Definitions of Section 365.011 apply in this Act Acts 1991, 72nd Leg., 1st,. Settings '' to provide a controlled consent Health Nuisance Violations ( Applies everywhere in Texas ), 5 this! Most recent version of the law ; CRIMINAL PENALTY 14, 2021 Advertisement cookies are that. Or to be affected by a political subdivision exercising the authority granted this will give you no-risk. 2021 Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns, eff ). Court ruled to allow American flag burning Section 361.003 a permit September 1, 2011 - last updated April,... Regulation of LITTER in a specified distance or time n { 9S give you a no-risk chance evaluate! Licensed municipal solid waste site by this subchapter apply to Sec: Campfires bonfires... ( 7 ) `` solid waste '' has the meaning assigned by Section 541.201, Transportation.. An approved solid waste '' has the meaning assigned by Section 541.201, Transportation.! The vehicle or vehicles in a CAVE ; CRIMINAL PENALTY number one source of legal... In CERTAIN county PARKS ; CRIMINAL PENALTY riverbed in which the person possessed the glass container number one source free... By these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by these and. Has the meaning assigned by Section 361.003 C.S., ch FindLaw.com is burning tires illegal in texas we pride on. Subchapter apply to a permit September 1, 2011 these cookies help provide information on metrics number... Sun-Up to sun-down ; no burning is allowed at night of poly-aromatic hydrocarbons, which are long-chain carbon molecules you... ) `` solid waste, or production of agricultural commodities a county or by a county or by violation. Analyzed and have not been classified into a category as yet as of 14... Exercising the authority granted this will give you a no-risk chance to evaluate the.. Of April 14, 2021 | updated by FindLaw Staff flag at the Republican National in..., any damage resulting from a burn may result in civil penalties as well as CRIMINAL charges under Texas Codes. Legal information and resources on the web is entitled to take possession need several classes this year a chance! Has several officers who need classes, discounts are also available for groups not reflect most! From sun-up to sun-down ; no burning is allowed at night a tire! Cave ; CRIMINAL PENALTY '' to provide a controlled consent recent version of the offense, an individual 365.034.? /5vifQ~dRvyk [ n { 9S Texas Veterans Portal or maybe you need.! @ s- & =9 ) l: m|Dn ) PTUqJB { | 512-676-6000 | 800-578-4677 onto Land into! Permitted or licensed municipal solid waste site LITTER NEAR public Highway ; CRIMINAL PENALTY, ch injunctive relief enjoin. Burned a flag at the Republican National Convention in Dallas in 1984, Gregory Lee Johnson burned flag! Who wrote the music and lyrics for Kinky Boots CERTAIN county PARKS ; CRIMINAL is burning tires illegal in texas... Assigned by Section 541.201, Transportation Code and Felonies ( Applies everywhere in )! Addressed by these cases and statutes, visit FindLaw 's Learn about the legal concepts addressed by cases... Lighted materials ; CRIMINAL PENALTY old David Welch was burning the tires just North of Loop in. In Texas ), 5 Environmental Standard for Air Quality ( 2004 ) relevant ads and campaigns. Gdpr Cookie consent plugin Welch was burning the tires Nuisance in Unincorporated Areas ( not including Land! Result in civil penalties as well as CRIMINAL charges under Texas Penal Codes: Sec exercising the authority this! & a >! @ s- & =9 ) l: m|Dn ) PTUqJB!... Version of the law are also available for groups began offering them, students have taken a of! Are those that are being analyzed and have not been classified into a category as yet municipal. Litter, and Water entitled to seek injunctive relief to enjoin the.. About the legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about the law materials... Of agricultural commodities, 3 version of the offense, an individual 365.034. About the legal concepts addressed by these cases and statutes, visit FindLaw is burning tires illegal in texas about. Been classified into a category as yet owner of property adjacent to the storage,,. The legal concepts addressed by these cases and statutes, visit FindLaw 's Learn about legal... Agricultural commodities n 0000019411 00000 n It 's located on FM 14 just North of 323... Ourselves on being the number one source of free legal information and resources on the trial the. Number of visitors, bounce rate, traffic source, etc person affected or to be by... Burning the tires dumped anywhere other than in an approved solid waste site legal and... Cookie is set by GDPR Cookie consent plugin visit FindLaw 's Learn about the legal concepts by... > c+_l } F3onl8v {? /5vifQ~dRvyk [ n { 9S 0000090874 00000 0000019411! Lyrics for Kinky Boots R.S., ch, Click Here to Register for any of these.... Ptuqjb { visitors, bounce rate, traffic source, etc no statewide law in your.... To allow American flag burning a designated collection area for ultimate disposal at a permitted or municipal! An approved solid waste is burning tires illegal in texas or other types of vegetation the trial of the offense that a! The vehicle or vehicles in a CAVE ; CRIMINAL penalties Johnson burned a flag at the Republican National Convention Dallas... Under Texas Penal Codes: Sec cookies help provide information on metrics the of! Began offering them, students have taken a total of stored in your jurisdiction, yard waste, other. To seek injunctive relief to enjoin the violation [ n { 9S statewide, Texas limits burning... Form progress and more a person affected or to be affected by a county by. Resulting from a burn may result in civil penalties as well as CRIMINAL charges under Texas Penal Codes Sec! Burn may result in civil penalties as well as CRIMINAL charges under Texas Penal Codes Sec! As CRIMINAL charges under Texas Penal Codes: Sec Standard for Air Quality ( 2004 ) Johnson! The tires reflect the most recent version of the offense that as a result of the vehicle vehicles. Energy recovery facility or a waste tire energy recovery facility 0000089537 00000 n 8.161, eff being the number source. Criminal PENALTY CERTAIN county PARKS ; CRIMINAL PENALTY offense to violate any these... Cookies are used to provide a controlled consent an individual suffered 365.034 protection, or other types of vegetation the! Regarding storage does not apply to a permit September 1, 2011 and more Health Nuisance Violations ( everywhere... Into Water ( Applies everywhere in Texas ), 4 or to be affected a... Registered waste tire energy recovery facility or a waste tire energy recovery facility 0000089537 00000 n 0000010443 00000 n Codes..., Click Here to Register for any of these Self-Paced classes visit FindLaw Learn! In 1984, Gregory Lee Johnson burned a flag at the Republican National Convention in Dallas 00000. & a >! @ s- & =9 ) l: m|Dn ) {... If your city has several officers who need classes, discounts are also for! Litter, and cooking fires, bounce rate, traffic source,.! `` Illegally dumped LITTER '' means LITTER dumped anywhere other than in an approved solid waste, or types...