Sussex County, DE Trash & Recycling: Illegal Dumping (2026)
Key Facts
- First offense
- Up to $200 fine or 30 days
- Repeat offense
- Up to $500 fine or 60 days
- Consent rule
- Written owner consent required
- Out-of-county waste
- Special permit required, § 91-9A(5)
- Classification
- Misdemeanor
Summary
Dumping solid waste anywhere Delaware or Sussex County regulations prohibit, or on any property without the owner's written consent, is unlawful under § 91-3 of Chapter 91. A violation is a misdemeanor under § 91-10, carrying up to a $200 fine and 30 days in jail for a first offense and up to $500 and 60 days for every offense after that.
A. It shall be unlawful to dispose of solid wastes by any method or at any location prohibited by applicable regulations of the State of Delaware or Sussex County. B. It shall be unlawful to dispose of solid wastes on any property without the written consent of the owner or person legally responsible for the use of the property. ... § 91-10. Violation of any portion of these regulations shall be deemed a misdemeanor and, for each and every violation, shall be punishable by a fine not to exceed $200 or a prison sentence not to exceed 30 days, or both, for the first offense and $500 and 60 days for every offense thereafter.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4401089; v17 updated 2025-06-17; through 06-17-2025).
Full Breakdown
§ 91-3A and B set the core illegal dumping prohibition in Sussex County: it is unlawful to dispose of solid wastes by any method or at any location prohibited by state or county regulation, and separately unlawful to dispose of solid wastes on any property without the written consent of the owner or the person legally responsible for it. § 91-10 makes any violation of Chapter 91's regulations a misdemeanor, punishable by a fine not to exceed $200 or up to 30 days imprisonment, or both, for a first offense, rising to $500 and 60 days for every subsequent offense, with each violation charged separately.
Beyond the criminal penalty, § 91-9A(5) separately bars transporting solid waste that originated outside Sussex County into a county-operated disposal facility without a special permit issued under conditions the County Engineer recommends and the County Council approves, closing off an end-run around the county's own disposal fee structure. Waste haulers who dump material at unauthorized sites to avoid the tipping fees set in § 91-8 face the same § 91-10 misdemeanor penalty as an individual illegally dumping household trash.
Violations & Fines
A first illegal-dumping offense under § 91-10 draws a fine up to $200, up to 30 days in jail, or both. Each subsequent offense rises to a fine up to $500 and up to 60 days. Dumping out-of-county waste at a Sussex County facility without the special permit required by § 91-9A(5) is a separate violation carrying the same misdemeanor penalty.
Frequently Asked Questions
What's the penalty for illegal dumping in Sussex County?
Is it illegal to dump waste on someone else's vacant land in Sussex County?
Can I bring waste from outside Sussex County to a county disposal site?
Sources & Official References
Other rules in Sussex County
Compare Sussex County to another location·View the Delaware trash & recycling overview
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