Birmingham, AL Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Core offense
- Knowingly dumping litter, no permission
- Litter defined broadly
- Garbage, glass, scrap metal, debris, more
- Watercraft rule
- No sewage/oil/litter dumping over 25-ft boats
- Highway debris duty
- Must remove dropped injurious material
- Separate MS4 ban
- Sec. 4-8-21(e) storm-drain dumping
Summary
Birmingham makes it a crime to knowingly dump litter on public or private property or waters without permission, drop injurious material on a highway without removing it, or discharge sewage or litter from a large watercraft into state waters. A parallel stormwater ordinance separately bans dumping refuse into the city's storm drain system.
Sec. 11-3-23. - Criminal littering. (a)A person commits the offense of criminal littering if he or she:(1)Knowingly deposits in any manner litter on any public or private property or in any public or private waters, having no permission to do so; ... (b)The term "litter" means rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris or any foreign substance of whatever kind and description whether or not it is of value. ... (d)It shall be unlawful for any person to commit the offense of criminal littering as defined by this section.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
Birmingham Code of Ordinances Sec. 11-3-23 defines criminal littering to cover knowingly depositing litter on public or private property or waters without permission, negligently scattering glass or sharp objects near public swimming or fishing water or on a highway right-of-way, discharging sewage, oil products or litter from a watercraft over 25 feet long into state waters, and failing to immediately clean up destructive material dropped on a highway, including glass left after removing a wrecked vehicle. The section defines 'litter' broadly as 'rubbish, refuse, waste material, garbage, dead animals or fowl, offal, paper, glass, cans, bottles, trash, scrap metal, debris or any foreign substance of whatever kind and description whether or not it is of value,' and it is no defense that the dumper did not intend or know about the highway-related violations.
Separately, Sec. 4-8-21(e), part of the city's stormwater ordinance, bars throwing or depositing 'refuse, rubbish, garbage, litter, or other discarded or abandoned objects' into any component of the municipal separate storm sewer system (MS4) or onto property, driveways, parking areas, streets, alleys or sidewalks in a way that could pollute the MS4, with drain-blocking receptacles specifically forbidden even for otherwise lawful yard-waste collection.
Violations & Fines
Criminal littering under Sec. 11-3-23 is enforced through the city's general penalty, Sec. 1-1-6: a fine up to $500.00, up to six months in jail, hard labor, or both. Illicit MS4 dumping under Sec. 4-8-21 is a separate violation of the stormwater chapter and can trigger enforcement action against the property owner or operator responsible for the discharge in addition to any criminal littering charge.
Frequently Asked Questions
What counts as illegal dumping in Birmingham?
Is dumping into a storm drain a separate violation from littering?
What is the penalty for criminal littering in Birmingham?
Sources & Official References
Other rules in Birmingham
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Illegal Dumping in Nearby Cities
How other cities in Jefferson County handle illegal dumping.