The fines for illegal dumping of waste depend on the seriousness of the infraction. In Catalonia, about twenty such discharges were reported every week during the year 2023, according to data collected by 3Cat which also states that, in the case of the Rural Agents of the Generalitat de Catalunya, only in 30% of the cases do they identify the offending person or persons.
The control of this activity by municipalities is important because it affects the environment, public health and also has economic consequences. For example, the dumping of tires into the environment last year cost the City Council of Sant Pere de Torelló approximately 3,000 euros in cleaning work..
Dumping can be carried out by individuals, companies and even criminal groups, as in the recent case detected in parts of the country such as Tarragona, where a criminal network illegally dumped 40,000 tons of waste per year from Italy, where a criminal network illegally dumped 40,000 tons of waste per year from Italy..
In relation to its prosecution, Article 12 of the Law 7/2022 of the Law 7/2022 on Waste and Contaminated Land recognizes the the State, the autonomous communities and the local entities the power to impose penalties.. In other words, it is a shared competence between administrations.
What are the penalties for illegal dumping?
Article 109 of the aforementioned Law 7/2022 on waste and contaminated soils provides for different fines for illegal dumping of waste depending on the severity of the dumping:
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Very serious infringements100,001 euros to 3.5 million euros. In the case of hazardous waste or contaminated soil, the minimum will be 600,001 euros.
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Serious Violationsfrom 2,001 euros to 100,000 euros. In the case of waste The scale is from 20,001 euros to 600,000 euros.
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Minor infractionsup to 2,000 euros. In the case of hazardous waste or contaminated soil, the fine will be up to 20,000 euros.
In addition, the law provides that if the amount of the fine is less than the benefit obtained from the infringement, the penalty will be increased up to a maximum of twice the amount of this benefit, even if this means exceeding the aforementioned limits.In addition, the law provides that if the amount of the fine is less than the amount of the benefit obtained from the infringement, the penalty will be increased up to a maximum of twice the amount of this benefit, even if this means exceeding the aforementioned limits.
On the other hand, Article 110 establishes the criteria to be followed to determine the amount of the fine for illegal dumping of waste:
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Impact of the event
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Impact on human health and safety and the environment.
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Circumstances of the responsible person
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Degree of intentionality of the person responsible
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Benefit obtained from the infringement
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Recidivism
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Irreversibility of the damage or deterioration produced
For example, the Rubí City Council imposed a fine of 150,000 euros on two companies and two individuals (in total, 600,000 euros) for illegal dumping of waste continued between 2019 and 2021. In addition, it also sanctioned two other companies with an amount of 15,000 euros each.
More recently, Tarragona City Council fined three companies that had illegally dumped waste with a fine of 1,000 euros.although the infractions were minor as they involved furniture, mattresses or plastics. In another case, considered serious, a company was sanctioned with 4,001 euros for improperly dumping rubble and plaster in a volume of more than one cubic meter.
Control fines for the control of illegal dumping of wastes
The technology for the control of illegal dumping of waste has become an ally for many municipalities in the prosecution of this infraction, which as we have seen impacts on the environment, public health and the quality of life of citizens.
To facilitate the identification of the offending person(s), as well as to manage the sanctioning procedure with evidence of the entire scene of the act of incivility, Alphanet makes available to municipalities a intelligent video surveillance system or smart trash with automatic detection of objects deposited outside the containers and also of license plates in case of dumping from a vehicle or with the help of a vehicle.