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Illegal Dumping MGL

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Posted by: extremesgs

Does anyone have the MGL Ch/S for Illegal Dumping?

Thanks


Posted by: REILEYDOG

MGL Ch. 270 Sec. 16


Posted by: C73

Hey,

Ch. 270 Sec 16 is criminal. If there is more than 7 cubic feet (roughly a pickup bed) than the vehicle can be seized until the 1. payment of fine 2. removable of dumped material 3. payment of towing and storage fees.

Ch. 270 Sec 16A is non-criminal, ( not less than 50 nor more than 100)however if offender refuses to state name and address it is arrestable. You may have trouble writing it on a Massachusetts Uniform citation. One of our guys had 90 violations along with dumping and the registry kicked the citation back stating that 270/16a could not be cited on the Uniform Citation. It does mention at the end of 16A that "a notice prepared pursuant to section twenty A or section twenty C of chapter ninety may be so revised or adapted that said notice may also be used for the notice provided for in this section. " I have written a few on the 90 citation and never had a problem.

C73
p.s. I had the links for the MGL but wasn't allowed to post them


Posted by: REILEYDOG

Quote:
Originally Posted by C73
Hey,

Ch. 270 Sec 16 is criminal. If there is more than 7 cubic feet (roughly a pickup bed) than the vehicle can be seized until the 1. payment of fine 2. removable of dumped material 3. payment of towing and storage fees.

Ch. 270 Sec 16A is non-criminal, ( not less than 50 nor more than 100)however if offender refuses to state name and address it is arrestable. You may have trouble writing it on a Massachusetts Uniform citation. One of our guys had 90 violations along with dumping and the registry kicked the citation back stating that 270/16a could not be cited on the Uniform Citation. It does mention at the end of 16A that "a notice prepared pursuant to section twenty A or section twenty C of chapter ninety may be so revised or adapted that said notice may also be used for the notice provided for in this section. " I have written a few on the 90 citation and never had a problem.

C73
p.s. I had the links for the MGL but wasn't allowed to post them
Thank you for the clarification. It's been a while since I worked in Massachusetts.


Posted by: NEPS

If written as a civil infraction, dumping should go on a non-Chapter 90 municipal citation (used for non-criminal disposition of ordinance or by-law violations, bicycle law violations, board of health and building inspector type infractions, etc.) I had also thought that dumping could go on a non-criminal citation of the sort that Environmental Police Officers use for non-criminal disposition of hunting and fishing violations (and I did once so use the book that was issued to me at my request by the Environmental Police), but if C73's avatar is accurate, he or she looks to be an EPO. Please correct me if I am wrong.

By the way, extremesgs, though I think enforcing the dumping laws is the right thing to do, don't necessarily expect a huge wave of support from everyone around you.




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