Litter Control in Tucker County is citizen based. What this means is that as a general rule, littering or illegal dumping complaints are citizen initiated. Tucker County does not intend to go out looking for violators or violations. This means that someone in their capacity as a citizen has to file a complaint. However, once a citizen files a complaint via a web tool , by email at [email protected] or by phone at 681-399-9085, a case file will be initiated and an investigation will be conducted by the Tucker County Litter Control Officer. Status updates will be visible on the status of your complaint through the web tool. This is a new process in Tucker County. It will undergo continuous change as we learn what works best. Please be patient with us as we strive to improve the health, quality of life and appearance of Tucker County.
Litter Control is a Tucker County Commission and a WV DEP grant sponsored activity. Jurisdiction is limited to the unincorporated areas of Tucker County. Until the communities of Davis, Hambleton, Hendricks, Thomas or Parsons passes a resolution granting Tucker County Litter Control jurisdiction within their respective community, the Tucker County Litter Control Officer cannot address litter or dumping issues within the incorporated community boundaries. If this changes, we will document it here.
Tucker County’s Litter Control Program consist of three elements :
Education – What constitutes littering ?
Litter – means all waste material, including, but not limited to, ANY garbage, refuse, trash, disposable package, container, can bottle, paper, covered electronic devices, ashes, cigarette or cigar butt, carcass of any dead animal or any part thereof or any other offensive or unsightly matter, but not including the wastes of the primary processes of mining, logging, sawmilling, farming or manufacturing. ( WV chapter 22-15A-2(8)).
Littering – No person shall place, deposit. dump, throw or cause to be placed, deposited, dumped or thrown any litter as defined in section two (see above) of this article, in or upon any public or private highway, road, street or alley; any private property; any public property; or the waters of the state or within 100 feet of the waters of this state, except in a proper litter or other solid waste receptacle. (WV chapter 22-15A-4(a)).
Remediation – What can you do about it ?
1). Participate in your town or community waste management program, you can start by using a service like this Hobart mini skip bin hire. If your community doesn’t have one, then sign up for waste collection services through Sunrise Sanitation . Failure to show proof of proper waste disposal can lead to a civil penalty of $150, fines not less than $50 or more than $1000, community service not less than 10 but not more than 40 hours or any combination of fines and community service. (WV Chapter 22c-4-10(a)).
2). Use free dump days – First Thursday of each month at the Tucker County Landfill .
3). Use a Recycler (aka junk man) to remove those items. At present the licensed recycler(s) within Tucker County that this office knows about are:
- Anthony Summerfield- Tucker County Recycling (304) 704-2262
Adjudication – What penalties does WV State law mandate ?
The table of common penalties regarding littering and illegal dumping attempts to put in one place the penalties for various offenses. This table is not all inclusive but is provided as a reference. Be advised that WV Chapter 22-15A-4(c) (paraphrased) states that every person who is convicted of or pleads guilty to disposing of litter shall pay a civil penalty of up to $2000 as costs for clean up, investigation and prosecution of the case, in addition to any other court costs that the court is otherwise required by law to impose ….
In other words, littering and illegal dumping within Tucker County may be quite expensive!
In the end you’ll still have to remediate the problem so why not do it right from the start?