Pender County, NC Trash & Recycling: Illegal Dumping (2026)
Key Facts
- Governing section
- Pender County Code Sec. 26-7
- Criminal penalty
- Misdemeanor fine $50.00 to $500.00
- Civil penalty
- $50.00 to $500.00, recoverable as debt
- Applies even if
- Owner consented or dumping was unintentional
- Bulky waste presumption
- Outside over 7 days is prima facie evidence
- Enforcing officer
- County solid waste officer
Summary
It is unlawful in unincorporated Pender County to throw, scatter, spill, dump or otherwise deposit solid waste on any property, with or without the owner's consent, under Code Sec. 26-7. A violation is a misdemeanor carrying a fine of more than $50.00 but not more than $500.00 under Sec. 26-13, plus a possible matching civil penalty.
Sec. 26-7. - Littering. It shall be unlawful for any person to engage in littering as defined herein; or violate any provision of G.S. 14-399. Throwing, scattering, spilling, placing, dumping, depositing, causing or allowing to be blown, scattered, spilled, thrown or placed, or otherwise disposing of any solid waste upon any property with or without the consent of the property owner unintentionally or intentionally. Se ... c. ... 26-13. - Enforcement; penalties. (a)A violation of the provisions of this article is a misdemeanor as provided by G.S. 14-4, punishable by a fine in excess of $50.00, but not more than $500.00 per violation.
Full Breakdown
Section 26-7 of the Pender County Solid Waste Management Ordinance, adopted by resolution August 21, 2023 under authority that includes G.S. 153A-136 and G.S. 153A-121, makes it unlawful for any person to engage in littering as the chapter defines it, or to violate G.S. 14-399, by throwing, scattering, spilling, placing, dumping, depositing, or causing or allowing solid waste to be blown, scattered, spilled, thrown or placed on any property, whether or not the property owner consented, and whether the act was intentional or unintentional. Section 26-6 defines 'litter' expansively to include garbage, household or business trash, refuse, debris, yard waste, junk vehicle parts, furniture and even dead animal carcasses, and defines 'littering' as scattering or depositing it where it may be carried by the elements onto public or private property, a street, sidewalk, sewer or waterway.
Section 26-15 additionally makes the owner, occupant or tenant of a property presumptively responsible when bulky waste sits outside a building or dwelling longer than seven days, and makes a vehicle's owner or operator responsible for any dumping done with that vehicle. Enforcement runs through the county's solid waste officer, an environmental enforcement officer under Section 26-5, with primary criminal and civil penalty authority set out in Section 26-13.
Violations & Fines
Section 26-13(a) makes a violation of the littering or illegal-dumping provisions a misdemeanor punishable by a fine of more than $50.00 but not more than $500.00 per violation, and Section 26-13(b) additionally allows a civil fine in the same $50.00 to $500.00 range, recoverable in a civil action in the nature of debt if unpaid. The county may also seek an equitable remedy such as an injunction or order of abatement, and each day a violation continues is treated as a separate offense.
Frequently Asked Questions
Is dumping trash on someone else's land still illegal if they said it was okay?
What is the fine for illegal dumping in unincorporated Pender County?
Can I be cited for dumping I did not mean to cause?
Who is responsible if bulky trash is left outside my rental property?
Sources & Official References
Other rules in Pender County
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