Clark County, IN Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Maximum civil judgment
- $500 plus costs and fees
- Burden of proof
- Preponderance of the evidence
- Covered roads
- Landfill access roads and other county roads
- Reporting agency
- Clark County Sheriff
- Governing ordinance
- Ord. 2-1990, passed 1-2-1990
Summary
Dumping waste, litter, trash, appliances or tires on county roads, including the roads leading to the Clark-Floyd landfill, is an ordinance violation in Clark County. A court can enter a civil judgment of up to $500 plus court costs and the county's attorney's fees against anyone who dumps illegally.
Any person who dumps or deposits any waste material, litter, trash, appliances, tires or other materials or engages in any other illegal dumping of any materials along, or on, Wilson Switch Road, King Road, Ebenezer Church Road and Bennettsville Road, generally referred to as “landfill access roads” near the Clark-Floyd landfill, and other county roads in the county, commits an ordinance violation. Upon proof of the commission of such an act, by any person or entity, by a preponderance of evidence in any court of competent jurisdiction in the state, the violating party shall be subject to a judgment not to exceed $500, plus court costs and reasonable attorney’s fees incurred by the county for prosecuting such civil ordinance violation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2019 S-0: Code: Local legislation current through Ordinance 31-2014, passed 12-18-2014).
Full Breakdown
Clark County Code of Ordinances Chapter 110 grew out of Board of Commissioners concern for landowners along the access route to the Clark-Floyd landfill near Bennettsville. 01 requires every commercial and non-commercial user of the landfill to cover loads with a secured tarpaulin before leaving the point of origin; an agent stationed at the landfill gate inspects every load and turns away anyone who arrives uncovered on Wilson Switch Road, King Road, Ebenezer Church Road or Bennettsville Road. " A violation is proven civilly, by a preponderance of the evidence, in any court of competent jurisdiction in Indiana, and the penalty is a judgment not to exceed $500 plus court costs and the county's reasonable attorney's fees.
The Board of Commissioners directs its landfill representative and its access-road cleanup contractor to report violations to the county Sheriff, who must prepare a police incident report and forward it to the Board. 99(B) separately penalizes trucks that leak liquid or solid material onto an access road: a first leaking load draws a verbal warning and refusal of landfill entry, and a second leak by the same operator becomes its own civil ordinance violation, again capped at a $500 judgment plus costs and fees.
Violations & Fines
Illegal dumping is prosecuted as a civil ordinance violation, not a criminal charge. The county must prove the violation by a preponderance of the evidence in county, circuit or superior court. Upon proof, the court enters a judgment not to exceed $500 against the violator, plus court costs and the reasonable attorney's fees the county incurred prosecuting the case. The Sheriff's office documents reported incidents with a police report before the Board pursues the civil action.
Frequently Asked Questions
What counts as illegal dumping under this ordinance?
How much can I be fined for dumping illegally?
Who reports illegal dumping to the county?
Does the ordinance also cover leaking trucks?
Sources & Official References
Other rules in Clark County
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