Maine Statewide Rule

Maine state law: Illegal dumping

Heavy RestrictionsApplies statewide across Maine (2026)

Key Facts

Littering Statute: 17 MRS § 2264-A (Class E if >15 lbs/27 cu ft)
Open Dumping: 38 MRS § 1319-T (civil; $10K/day)
Hazardous Waste: 38 MRS § 1319-J (Class C/D crime)
DEP Civil Penalty Cap: $25,000/day for water discharges (§ 349)
Highway Dumping: 23 MRS § 1801 et seq.
Enforcement: DEP, Warden Service, municipal police, Maine AG

Last verified: September 5, 2026

Summary

Maine criminalizes illegal dumping primarily through 17 MRS § 2264-A (Littering. Class E crime for large-scale dumping) and 38 MRS § 1319-T (Open dumping prohibition under the solid-waste statutes). DEP may also assess civil penalties up to $10,000 per day under 38 MRS § 349. Municipalities supplement with local anti-dumping ordinances. Hazardous-waste dumping is separately prosecuted under 38 MRS § 1319-J as a Class C or D crime.

1. Prohibited acts. A person may not intentionally throw, drop, deposit, discard, dump or otherwise dispose of litter in any manner or amount: A. In or on public highway, road, street, alley, public right-of-way or other public lands, except in a container or receptacle or on property that is designated for disposal of garbage and refuse by the State or its agencies or political subdivisions; [PL 2003, c. 452, Pt. I, §32 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. In freshwater lake, river, stream, tidal or coastal water or on ice over the water. When any litter is thrown or discarded from a watercraft, a person is in violation of this section if that person is: (1) The operator of the watercraft, unless it is a watercraft being used for the carriage of passengers for hire; or (2) The person actually disposing of the litter. This paragraph does not prohibit persons who fish, lobster or otherwise harvest from the water from returning to the water harvested products, bait and similar materials that naturally originate in the water; [PL 2003, c. 452, Pt. I, §32 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. In or on any private property, unless: (1) Prior consent of the owner has been given; and (2) The litter is not a public nuisance or in violation of any state law or local rule; [PL 2003, c. 452, Pt. I, §32 (NEW); PL 2003, c. 452, Pt.

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Full Breakdown

Illegal dumping in Maine is addressed through a layered statutory framework. (1) Littering under 17 MRS § 2264-A, a person commits littering if they intentionally or knowingly dispose of garbage, rubbish, refuse, trash, debris, dead animals, or other solid waste on public or private property without authorization. Small-scale littering (one bag or less, 15 lbs or less) is a civil violation with fines $100-$500. Disposal exceeding 15 lbs or 27 cubic feet is a Class E crime (up to 6 months in jail and $1,000 fine).

(2) Open dumping prohibition, 38 MRS § 1319-T provides that 'a person may not engage in open dumping of solid waste,' defining open dumping as disposal at a site not licensed by DEP. Violation is enforced as a civil violation under 38 MRS § 349 with penalties up to $10,000 per day per violation, plus mandatory cleanup orders. (3) Hazardous-waste dumping, under 38 MRS § 1319-J and § 1319-O (Strict liability for hazardous-waste violations), discharging hazardous waste without a license is a Class C crime (felony, up to 5 years) if knowing and a Class D crime (misdemeanor, up to 364 days) if reckless.

, discharging garbage or debris into a great pond, river, or tidal water is prohibited and enforceable by DEP with civil penalties up to $25,000 per day under § 349. provides additional Maine DOT enforcement authority for dumping in highway rights-of-way. (6) Municipal ordinances, many Maine cities and towns layer additional civil-infraction penalties for illegal dumping in city parks, on city streets, in alleys, and at unstaffed transfer stations. Maine's anti-dumping enforcement is conducted by the DEP Compliance and Enforcement Unit, the Maine Warden Service for dumping affecting wildlife habitat (12 MRS), municipal police, and the Maine AG's Environmental Crimes Unit for major hazardous-waste cases. DEP operates the Maine Department of Environmental Protection complaint hotline.

Violations & Penalties

17 MRS § 2264-A: small-scale littering civil violation $100-$500; large-scale (>15 lbs / 27 cu ft) Class E crime, up to 6 months jail and $1,000 fine. 38 MRS § 1319-T open dumping: civil penalty up to $10,000/day plus mandatory cleanup (38 MRS § 349). 38 MRS § 1319-J hazardous waste: Class C crime if knowing (up to 5 years, $5,000 fine), Class D if reckless. Cleanup-cost recovery available under § 1319-O strict liability.

Frequently Asked Questions

Is dumping trash on the side of the road a crime in Maine?

Yes. Under 17 MRS § 2264-A, dumping garbage, rubbish, debris, or solid waste on public or private property without authorization is a civil violation if small-scale (under 15 lbs / 27 cubic feet, fines $100-$500) and a Class E crime if larger (up to 6 months jail and $1,000 fine). 23 MRS § 1801 et seq. and 38 MRS § 1319-T provide additional enforcement authority for DOT and DEP.

What is the penalty for hazardous-waste dumping in Maine?

Under 38 MRS § 1319-J, knowingly disposing of hazardous waste at an unlicensed site is a Class C crime: up to 5 years imprisonment and $5,000 fine. Reckless violations are a Class D crime (up to 364 days). Strict-liability cleanup-cost recovery under 38 MRS § 1319-O additionally applies. DEP, the Maine AG's Environmental Crimes Unit, and federal EPA may all enforce.

Can municipalities add their own anti-dumping fines?

Yes. Under 30-A MRS § 3001 home-rule authority, municipalities routinely supplement state littering and open-dumping law with local civil-infraction penalties targeting dumping at city parks, transfer stations, public alleys, and along trails. Municipal fines stack with state penalties and DEP civil penalties.

Sources

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