What are the state penalties for littering in South Carolina?
The South Carolina General Assembly enacted Act 214 of 2018, amending Section 16-11-700 of the state litter laws. This action by the Legislature was done in an effort to give magistrates and municipal courts greater flexibility in the prosecution of litter cases. This law makes it easier to achieve court-ordered community service/litter pick up by removing the requirement for supervision. Act 214 also "makes the penalties fit the crime" by classifying violations into distinct categories as shown below and providing for a definition of litter.
- Up to 15 lbs (littering)
Persons convicted of placing litter, as defined, on public or private (littering) property must remove that litter and shall be fined not less than $25 and not more than $100, or up to 30 days in jail, and the court must impose eight hours of "litter gathering or other form of community service".
For persons convicted of placing garbage in another person’s private facility, such as a private dumpster, the fine is not less than $50 and not more than $150, and the court shall impose a minimum of 16 hours "litter gathering or other form of community service". Additional hours of community service may be imposed in lieu of the monetary fine.
- Between 15 lbs and 500 lbs (dumping)
Persons convicted must be fined not less than $200 nor more than $500, or up to 30 days in jail, and the court shall require 16 hours of litter gathering or other community service.
Community service increases to 24 hours upon a second conviction, and 32 hours for a third conviction within five years.
- More than 500 lbs (dumping)
Persons convicted must be fined not less than $500 nor more than $1000, and up to a year in jail. The violator also may be ordered to remove the dumped litter, pay damages, and perform community service.
The court may enjoin a violation of more than 500 lbs, and may seize vehicles or equipment used for dumping.
If a person sustains damages in connection with a violation of more than 500 lbs that gives rise to a felony against the person or his property, a court, in civil action for those damages, shall order the wrongdoer to pay the injured party triple damages up to $200, along with court costs and attorney’s fees. Fines for dumping more than 500 lbs of litter may not be suspended.