Penalties for illegal dumping in Tennessee run on a sliding scale: a $500 fine and jail time up to six months for small amounts, up to 11 months and 29 days for larger loads, and a Class E felony carrying one to six years in prison for repeat offenders, large-scale dumping, or commercial tire dumping. On top of criminal charges, civil penalties reach $5,000 per day the waste stays in place ($7,000 for sinkholes), and the person responsible pays the full cost of cleanup.
The Three Criminal Tiers
Tennessee sorts dumping offenses by the weight and volume of what got dumped. The thresholds decide everything that follows, so the exact numbers matter.
Mitigated Criminal Littering
Under TCA 39-14-503, dumping five pounds or less, or 7.5 cubic feet or less, is mitigated criminal littering. It’s a Class B misdemeanor with up to six months in jail and a mandatory $500 fine.1Justia Law. Tennessee Code 39-14-503 – Offense of Mitigated Criminal Littering The court must also order community service, usually cleanup along highways or in public spaces.
Criminal Littering
The middle tier, TCA 39-14-504, covers waste over five pounds or 7.5 cubic feet but no more than ten pounds or 15 cubic feet. Also a Class B misdemeanor, but the community service piece grows: up to 80 hours cleaning state highways, parks, or playgrounds, plus up to eight additional hours at a recycling center if the judge orders it.2Justia Law. Tennessee Code 39-14-504 – Offense of Criminal Littering
Aggravated Criminal Littering
Once the load exceeds ten pounds or 15 cubic feet, TCA 39-14-505 applies. Baseline aggravated criminal littering is a Class A misdemeanor: up to 11 months and 29 days in jail and a fine of up to $2,500. If the amount exceeds 100 pounds or 30 cubic feet, the fine range moves to $2,500 to $4,000, and the judge can impose jail time and the fine.3Justia Law. Tennessee Code 39-14-505 – Offense of Aggravated Criminal Littering This is where most serious dumping cases sit, and it’s the step directly below a felony.
When Dumping Becomes a Felony
Aggravated criminal littering becomes a Class E felony, with one to six years in prison and a fine of up to $3,000, in three situations:3Justia Law. Tennessee Code 39-14-505 – Offense of Aggravated Criminal Littering
- A third conviction for aggravated littering above 10 pounds or 15 cubic feet.
- A second conviction where the amount was over 1,000 pounds or 200 cubic feet, or any second conviction involving dumping for a commercial purpose regardless of amount.
- A first conviction involving eight or more tires dumped for commercial purposes.
The tire rule catches people who don’t consider themselves serious offenders. A garage or tire shop that dumps used tires to avoid disposal fees can be charged with a felony the very first time, with no prior record required.
Civil Penalties Add Up Every Day
Criminal fines aren’t the whole story. TCA 68-211-117 imposes a civil penalty of $100 to $5,000 per day for each day a Solid Waste Disposal Act violation continues. Every day counts separately, so a dump site that sits unaddressed for a month can generate penalties in the tens of thousands. Dumping in a sinkhole raises the range to $700 to $7,000 per day because of the groundwater risk.4Justia Law. Tennessee Code 68-211-117 – Civil Penalties
These civil penalties can be imposed administratively by TDEC or local environmental agencies. No criminal trial required. The violator is also on the hook for any damages to the state on top of the daily amount.
When hazardous substances are involved, the costs jump again. TCA 68-212-215 lets the TDEC commissioner order the responsible party to investigate, contain, and clean up contaminated sites, including long-term monitoring.5Justia Law. Tennessee Code 68-212-215 – Enforcement Hazardous cleanup typically requires specialized contractors and often runs into tens of thousands of dollars. Ignore the order and the state can perform the cleanup itself, then pursue reimbursement through litigation or by placing a lien on your property.
Federal Charges Layer On For Hazardous Waste
If what got dumped is hazardous, federal law comes in on top of Tennessee’s penalties. The Resource Conservation and Recovery Act (RCRA) covers hazardous waste from generation through disposal and requires permits for anyone transporting, storing, treating, or disposing of it.6U.S. Environmental Protection Agency. RCRA Corrective Action Cleanup Enforcement Generators must document shipments on a Uniform Hazardous Waste Manifest, the transporter signs and keeps a copy, and records are kept for at least three years.7U.S. Environmental Protection Agency. Hazardous Waste Transportation Skip that paperwork and dump the waste, and both the generator and the transporter are exposed.
The Clean Water Act adds another layer when hazardous waste reaches waterways or treatment works. Industrial facilities discharging RCRA-hazardous substances into publicly owned treatment works must report to the EPA.8U.S. Environmental Protection Agency. Clean Water Act Reporting Requirements for RCRA Hazardous Waste Discharges Releases of oil, chemicals, or biological materials should also be reported to the National Response Center.9U.S. Environmental Protection Agency. National Response Center
Federal penalties are set under federal sentencing guidelines, and the government can seize vehicles and equipment used in the offense. Tennessee statutes incorporate federal standards, so a RCRA violation in Tennessee often means state and federal charges at the same time.
What Local Rules Can Add
Counties and municipalities can layer their own anti-dumping ordinances on top of state law, covering both public and private property. Enforcement usually runs through local health departments or environmental divisions, and their citations are separate from anything the state files. If you’re dumping in a specific county, expect that county’s rules to apply alongside the state statutes.
Defenses That Might Apply
Tennessee’s rules are strict, but a few defenses exist.
Lack of knowledge is the most common. A property owner who hires a waste hauler in good faith, without knowing the hauler plans to dump illegally, can argue they took reasonable steps to ensure proper disposal. Courts look at whether you actually checked the hauler’s credentials and followed up on where the waste went. Hiring the cheapest option and asking no questions won’t hold up.
If someone else dumped on your land without permission, you’re generally not liable as long as you report it promptly and cooperate with authorities. Tennessee still expects property owners to address contamination on their land, so quick reporting is what shifts responsibility to the actual dumper.
Emergencies can create temporary exemptions. After tornadoes or severe flooding, the state may issue temporary landfill permits or special disposal allowances for debris removal. These have time limits and conditions, but they keep storm-damaged owners from facing dumping charges when normal disposal channels are overwhelmed.