{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1418.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1418.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1418.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1418.1.html"}],"law_id":66744,"edition_id":1,"section_id":66744,"structure_id":13714,"section_number":"10.1-1418.1","catch_line":"Improper disposal of solid waste; civil penalties","history":"1990, c. 430; 1991, c. 718; 1992, c. 27; 1997, c. 353.","full_text":"A\n\nIt shall be the duty of all persons to dispose of their solid waste in a legal manner.B\n\nAny owner of real estate in this Commonwealth, including the Commonwealth or any political subdivision thereof, upon whose property a person improperly disposes of solid waste without the landowner’s permission, shall be entitled to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed upon land owned by the Commonwealth, any resident of the Commonwealth shall have standing to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed of upon land owned by any political subdivision of this Commonwealth, any resident of that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste. When any person improperly disposes of solid waste upon land within the jurisdiction of any political subdivision, that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste.C\n\nIn any civil action brought pursuant to the provisions of this section, when the plaintiff establishes by a preponderance of the evidence that (i) the solid waste or any portion thereof had been in possession of the defendant prior to being improperly disposed of on any of the properties referred to in subsection A of this section and (ii) no permission had been given to the defendant to place the solid waste on such property, there shall be a rebuttable presumption that the defendant improperly disposed of the solid waste. When the solid waste has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall in any civil action be presumed to be the person ejecting such matter. However, such presumption shall be rebuttable by competent evidence. This presumption shall not be applicable to a motor vehicle rental or leasing company that owns the vehicle.D\n\nWhenever a court finds that a person has improperly disposed of solid waste pursuant to the provisions of this section, the court shall assess a civil penalty of up to $5,000 against such defendant. All civil penalties assessed pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title, except as provided in subsection E.E\n\nAny civil penalty assessed pursuant to this section in a civil action brought by a political subdivision shall be paid into the treasury of the political subdivision, except where the violator of this section is the political subdivision or its agent.F\n\nA court may award any person or political subdivision bringing suit pursuant to this section the cost of suit and reasonable attorney’s fees.","order_by":null,"text":{"0":{"id":242045,"text":"It shall be the duty of all persons to dispose of their solid waste in a legal manner.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":242046,"text":"Any owner of real estate in this Commonwealth, including the Commonwealth or any political subdivision thereof, upon whose property a person improperly disposes of solid waste without the landowner’s permission, shall be entitled to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed upon land owned by the Commonwealth, any resident of the Commonwealth shall have standing to bring a civil action for such improper disposal of solid waste. When litter is improperly disposed of upon land owned by any political subdivision of this Commonwealth, any resident of that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste. When any person improperly disposes of solid waste upon land within the jurisdiction of any political subdivision, that political subdivision shall have standing to bring a civil action for such improper disposal of solid waste.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":242047,"text":"In any civil action brought pursuant to the provisions of this section, when the plaintiff establishes by a preponderance of the evidence that (i) the solid waste or any portion thereof had been in possession of the defendant prior to being improperly disposed of on any of the properties referred to in subsection A of this section and (ii) no permission had been given to the defendant to place the solid waste on such property, there shall be a rebuttable presumption that the defendant improperly disposed of the solid waste. When the solid waste has been ejected from a motor vehicle, the owner or operator of such motor vehicle shall in any civil action be presumed to be the person ejecting such matter. However, such presumption shall be rebuttable by competent evidence. This presumption shall not be applicable to a motor vehicle rental or leasing company that owns the vehicle.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":242048,"text":"Whenever a court finds that a person has improperly disposed of solid waste pursuant to the provisions of this section, the court shall assess a civil penalty of up to $5,000 against such defendant. All civil penalties assessed pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund pursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title, except as provided in subsection E.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":242049,"text":"Any civil penalty assessed pursuant to this section in a civil action brought by a political subdivision shall be paid into the treasury of the political subdivision, except where the violator of this section is the political subdivision or its agent.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":242050,"text":"A court may award any person or political subdivision bringing suit pursuant to this section the cost of suit and reasonable attorney’s fees.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13714,"edition_id":1,"name":"Litter Control and Recycling","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":12811,"metadata":{},"date_created":"2026-06-26 03:45:38","date_modified":"2026-06-26 03:45:38","permalink":{"id":146047,"object_type":"structure","relational_id":13714,"identifier":"3","token":"10.1\/II\/14\/3","url":"\/10.1\/II\/14\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12811,"edition_id":1,"name":"Virginia Waste Management Act","identifier":"14","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":145887,"object_type":"structure","relational_id":12811,"identifier":"14","token":"10.1\/II\/14","url":"\/10.1\/II\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":58782,"structure_id":13714,"section_number":"10.1-1414","catch_line":"Definitions","url":"\/10.1-1414\/","token":"10.1\/II\/14\/3\/10.1-1414","metadata":false},{"id":74146,"structure_id":13714,"section_number":"10.1-1415","catch_line":"Litter Control Program","url":"\/10.1-1415\/","token":"10.1\/II\/14\/3\/10.1-1415","metadata":false},{"id":84258,"structure_id":13714,"section_number":"10.1-1415.1","catch_line":"Labeling of plastic container products required; penalty","url":"\/10.1-1415.1\/","token":"10.1\/II\/14\/3\/10.1-1415.1","metadata":false},{"id":77422,"structure_id":13714,"section_number":"10.1-1415.2","catch_line":"Plastic holding device prohibited","url":"\/10.1-1415.2\/","token":"10.1\/II\/14\/3\/10.1-1415.2","metadata":false},{"id":81451,"structure_id":13714,"section_number":"10.1-1416","catch_line":"Collection and survey of litter","url":"\/10.1-1416\/","token":"10.1\/II\/14\/3\/10.1-1416","metadata":false},{"id":82589,"structure_id":13714,"section_number":"10.1-1417","catch_line":"Enforcement of article","url":"\/10.1-1417\/","token":"10.1\/II\/14\/3\/10.1-1417","metadata":false},{"id":77037,"structure_id":13714,"section_number":"10.1-1418","catch_line":"Penalty for violation of article","url":"\/10.1-1418\/","token":"10.1\/II\/14\/3\/10.1-1418","metadata":false},{"id":66744,"structure_id":13714,"section_number":"10.1-1418.1","catch_line":"Improper disposal of solid waste; civil penalties","url":"\/10.1-1418.1\/","token":"10.1\/II\/14\/3\/10.1-1418.1","metadata":false},{"id":69980,"structure_id":13714,"section_number":"10.1-1418.2","catch_line":"Improper disposal of tires; exemption; penalty","url":"\/10.1-1418.2\/","token":"10.1\/II\/14\/3\/10.1-1418.2","metadata":false},{"id":76706,"structure_id":13714,"section_number":"10.1-1418.3","catch_line":"Liability for large waste tire pile fires; exclusions","url":"\/10.1-1418.3\/","token":"10.1\/II\/14\/3\/10.1-1418.3","metadata":false},{"id":57084,"structure_id":13714,"section_number":"10.1-1418.4","catch_line":"Removal of waste tire piles; cost recovery; right of entry","url":"\/10.1-1418.4\/","token":"10.1\/II\/14\/3\/10.1-1418.4","metadata":false},{"id":85167,"structure_id":13714,"section_number":"10.1-1418.5","catch_line":"Lien for waste tire pile removal","url":"\/10.1-1418.5\/","token":"10.1\/II\/14\/3\/10.1-1418.5","metadata":false},{"id":78383,"structure_id":13714,"section_number":"10.1-1419","catch_line":"Litter receptacles; placement; penalty for violations","url":"\/10.1-1419\/","token":"10.1\/II\/14\/3\/10.1-1419","metadata":false},{"id":80713,"structure_id":13714,"section_number":"10.1-1420","catch_line":"Litter bag","url":"\/10.1-1420\/","token":"10.1\/II\/14\/3\/10.1-1420","metadata":false},{"id":56206,"structure_id":13714,"section_number":"10.1-1421","catch_line":"Responsibility for removal of litter from receptacles","url":"\/10.1-1421\/","token":"10.1\/II\/14\/3\/10.1-1421","metadata":false},{"id":69904,"structure_id":13714,"section_number":"10.1-1422","catch_line":"Further duties of Department","url":"\/10.1-1422\/","token":"10.1\/II\/14\/3\/10.1-1422","metadata":false},{"id":63434,"structure_id":13714,"section_number":"10.1-1422.01","catch_line":"Litter Control and Recycling Fund established; use of moneys; purpose of Fund","url":"\/10.1-1422.01\/","token":"10.1\/II\/14\/3\/10.1-1422.01","metadata":false},{"id":77602,"structure_id":13714,"section_number":"10.1-1422.02","catch_line":"Litter Control and Recycling Fund Advisory Board established; duties and responsibilities","url":"\/10.1-1422.02\/","token":"10.1\/II\/14\/3\/10.1-1422.02","metadata":false},{"id":58088,"structure_id":13714,"section_number":"10.1-1422.03","catch_line":"Membership, meetings, and staffing","url":"\/10.1-1422.03\/","token":"10.1\/II\/14\/3\/10.1-1422.03","metadata":false},{"id":57553,"structure_id":13714,"section_number":"10.1-1422.04","catch_line":"Local litter prevention and recycling grants; eligibility and funding process","url":"\/10.1-1422.04\/","token":"10.1\/II\/14\/3\/10.1-1422.04","metadata":false},{"id":64947,"structure_id":13714,"section_number":"10.1-1422.05","catch_line":"Repealed","url":"\/10.1-1422.05\/","token":"10.1\/II\/14\/3\/10.1-1422.05","metadata":false},{"id":54703,"structure_id":13714,"section_number":"10.1-1422.06","catch_line":"Beneficiation facility as manufacturer for grant purposes","url":"\/10.1-1422.06\/","token":"10.1\/II\/14\/3\/10.1-1422.06","metadata":false},{"id":67175,"structure_id":13714,"section_number":"10.1-1422.1","catch_line":"Disposal of waste tires","url":"\/10.1-1422.1\/","token":"10.1\/II\/14\/3\/10.1-1422.1","metadata":false},{"id":60076,"structure_id":13714,"section_number":"10.1-1422.2","catch_line":"Recycling residues; 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exemption; penalty","url":"\/10.1-1418.2\/","token":"10.1\/II\/14\/3\/10.1-1418.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1418.1\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 430 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1991, chapter 718; in 1992, chapter 27; in 1997, chapter 353<\/a>.<\/p>","references":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"refers_to":[{"id":73108,"section_number":"10.1-2500","catch_line":"Virginia Environmental Emergency Response Fund established","order_by":null,"url":"\/10.1-2500\/"}],"permalink":{"id":146077,"object_type":"law","relational_id":66744,"identifier":"10.1-1418.1","token":"10.1\/II\/14\/3\/10.1-1418.1","url":"\/10.1-1418.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1418.1\/","token":"10.1\/II\/14\/3\/10.1-1418.1","dublin_core":{"Title":"Improper disposal of solid waste; civil penalties","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1418.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> It shall be the duty of all persons<\/span> to dispose of their solid waste<\/span> in a legal manner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any owner of real estate in this Commonwealth, including the Commonwealth or any political subdivision thereof, upon whose property a person<\/span> improperly disposes of solid waste<\/span> without the landowner’s permission, shall be entitled to bring a civil action<\/span> for such improper disposal<\/span> of solid waste<\/span>. When litter<\/span> is improperly disposed upon land owned by the Commonwealth, any resident of the Commonwealth shall have standing to bring a civil action<\/span> for such improper disposal<\/span> of solid waste<\/span>. When litter<\/span> is improperly disposed of upon land owned by any political subdivision of this Commonwealth, any resident of that political subdivision shall have standing to bring a civil action<\/span> for such improper disposal<\/span> of solid waste<\/span>. When any person<\/span> improperly disposes of solid waste<\/span> upon land within the jurisdiction<\/span> of any political subdivision, that political subdivision shall have standing to bring a civil action<\/span> for such improper disposal<\/span> of solid waste<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In any civil action<\/span> brought pursuant to the provisions of this section, when the plaintiff<\/span> establishes by a preponderance of the evidence<\/span> that (i) the solid waste<\/span> or any portion thereof had been in possession<\/span> of the defendant<\/span> prior to being improperly disposed of on any of the properties referred to in subsection A of this section and (ii) no permission had been given to the defendant<\/span> to place the solid waste<\/span> on such property, there shall be a rebuttable presumption<\/span> that the defendant<\/span> improperly disposed of the solid waste<\/span>. When the solid waste<\/span> has been ejected from a motor vehicle<\/span>, the owner or operator of such motor vehicle<\/span> shall in any civil action<\/span> be presumed to be the person<\/span> ejecting such matter. However, such presumption<\/span> shall be rebuttable by competent evidence. This presumption<\/span> shall not be applicable to a motor vehicle<\/span> rental or leasing company that owns the vehicle<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Whenever a court<\/span> finds that a person<\/span> has improperly disposed of solid waste<\/span> pursuant to the provisions of this section, the court<\/span> shall assess a civil penalty<\/span> of up to $5,000 against such defendant<\/span>. All civil penalties assessed pursuant to this section shall be paid into the state treasury and deposited by the State Treasurer into the Virginia Environmental Emergency Response Fund<\/span> pursuant to Chapter 25 (§ 10.1-2500<\/a> et seq.) of this title, except as provided in subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any civil penalty<\/span> assessed pursuant to this section in a civil action<\/span> brought by a political subdivision shall be paid into the treasury of the political subdivision, except where the violator of this section is the political subdivision or its agent. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A court<\/span> may award any person<\/span> or political subdivision bringing suit pursuant to this section the cost of suit and reasonable attorney’s fees. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMPROPER DISPOSAL OF SOLID WASTE; CIVIL PENALTIES (\u00a7 10.1-1418.1)\n\nA. It shall be the duty of all persons to dispose of their solid waste in a\nlegal manner.\n\nB. Any owner of real estate in this Commonwealth, including the Commonwealth or\nany political subdivision thereof, upon whose property a person improperly\ndisposes of solid waste without the landowner’s permission, shall be\nentitled to bring a civil action for such improper disposal of solid waste. When\nlitter is improperly disposed upon land owned by the Commonwealth, any resident\nof the Commonwealth shall have standing to bring a civil action for such\nimproper disposal of solid waste. When litter is improperly disposed of upon\nland owned by any political subdivision of this Commonwealth, any resident of\nthat political subdivision shall have standing to bring a civil action for such\nimproper disposal of solid waste. When any person improperly disposes of solid\nwaste upon land within the jurisdiction of any political subdivision, that\npolitical subdivision shall have standing to bring a civil action for such\nimproper disposal of solid waste.\n\nC. In any civil action brought pursuant to the provisions of this section, when\nthe plaintiff establishes by a preponderance of the evidence that (i) the solid\nwaste or any portion thereof had been in possession of the defendant prior to\nbeing improperly disposed of on any of the properties referred to in subsection\nA of this section and (ii) no permission had been given to the defendant to\nplace the solid waste on such property, there shall be a rebuttable presumption\nthat the defendant improperly disposed of the solid waste. When the solid waste\nhas been ejected from a motor vehicle, the owner or operator of such motor\nvehicle shall in any civil action be presumed to be the person ejecting such\nmatter. However, such presumption shall be rebuttable by competent evidence.\nThis presumption shall not be applicable to a motor vehicle rental or leasing\ncompany that owns the vehicle.\n\nD. Whenever a court finds that a person has improperly disposed of solid waste\npursuant to the provisions of this section, the court shall assess a civil\npenalty of up to $5,000 against such defendant. All civil penalties assessed\npursuant to this section shall be paid into the state treasury and deposited by\nthe State Treasurer into the Virginia Environmental Emergency Response Fund\npursuant to Chapter 25 (§ 10.1-2500 et seq.) of this title, except as\nprovided in subsection E.\n\nE. Any civil penalty assessed pursuant to this section in a civil action brought\nby a political subdivision shall be paid into the treasury of the political\nsubdivision, except where the violator of this section is the political\nsubdivision or its agent.\n\nF. A court may award any person or political subdivision bringing suit pursuant\nto this section the cost of suit and reasonable attorney’s fees.\n\nHISTORY: 1990, c. 430; 1991, c. 718; 1992, c. 27; 1997, c. 353.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}