Virginia Litter Laws (Please note the Highlited lines) § 10.1-1418.1
Improper disposal of solid waste; civil penalties
A. It shall be the duty of all persons to dispose of their solid waste in a legal manner.
B. 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.
C. 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.
D. 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 of this title, except as provided in subsection E.
E. 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
F. A court may award any person or political subdivision bringing suit pursuant to this section the cost of suit and
reasonable attorney's fees.
Dumping trash, etc., on highway, right-of-way or private property
Any person shall be guilty of a Class 1 misdemeanor who dumps or otherwise disposes of trash, garbage, refuse,
litter, or other unsightly matter, on public property, including a public highway, right-of-way, property adjacent to such
highway or right-of-way, or on private property without the written consent of the owner thereof or his agent.
When any person is arrested for a violation of this section, and the matter alleged to have been illegally dumped or
disposed of has been ejected from a motor vehicle or transported to the disposal site in a motor vehicle, the arresting
officer may comply with the provisions of §46.2-936 in making such arrest.
When a violation of the provisions of this section has been observed by any person, and the matter illegally dumped or
disposed of has been ejected or removed from a motor vehicle, the owner or operator of such motor vehicle shall be
presumed to be the person ejecting or disposing of such matter. However, such presumption shall be rebuttable by
Any person convicted of such violation shall be guilty of a Class 1 misdemeanor.
The governing bodies of counties, cities and towns are hereby authorized to adopt ordinances not in conflict with the
provisions of this section, and may repeal, amend or modify such ordinances.
The provisions of this section shall not apply to the lawful disposal of such matter in landfills.
Penalties for violation of § 33.1-346
Upon conviction of any person for a violation of § 33.1-346, the court may suspend the imposition of any sentence on
condition that the defendant volunteer his services for such period of time as the court may designate to remove litter
from the highway. Any such sums collected shall be paid into the court and forwarded to the State Treasurer for the
construction and maintenance of state highways.
Casting garbage, etc., into waters
Except as otherwise permitted by law, it shall be unlawful for any person to cast, throw or dump any garbage, refuse,
dead animal, trash, carton, can, bottle, container, box, lumber, timber or like material, or other solid waste, except fish
or crab bait in any form, into any of the waters of this Commonwealth. When a violation of any provision of this section
has been observed by any person, and the matter dumped or disposed of in the waters of this Commonwealth has
been ejected from a boat, the owner or operator of such boat shall be presumed to be the person ejecting such
matter; provided, however, that such presumption shall be rebuttable by competent evidence. Every such act shall be
a misdemeanor punishable by a fine not to exceed $100 or confinement in jail not to exceed thirty days, or both. Every
law-enforcement officer of this Commonwealth and its subdivisions shall have authority to enforce the provisions of
Throwing trash, etc., into or obstructing river, creek, stream or swamp
It shall be unlawful for any person to throw or otherwise dispose of trash, debris, tree laps, logs, or fell timber or make
or cause to be made any obstruction which exists for more than a week (excepting a lawfully constructed dam) in,
under, over or across any river, creek, stream, or swamp, so as to obstruct the free passage of boats, canoes, or
other floating vessels, or fish in such waters. The provisions of this section shall be enforceable by duly authorized
state and local law-enforcement officials and by game wardens whose general police power under §29.1-205 and
forest wardens whose general police powers under §10.1-1135 shall be deemed to include enforcement of the
provisions of this section. Violations of this section shall be punishable as a misdemeanor under § 18.2-12; and each
day for which any violation continues without removal of such obstruction, on and after the tenth day following service
of process on the violator in accordance with §19.2-75, shall constitute a separate offense punishable as a
misdemeanor under §18.2-12.
Throwing inflammatory objects from vehicle on highway while in or near certain lands
It shall be unlawful for any person to throw, toss or drop from a vehicle moving or standing on a highway any lighted
smoking material, lighted match, lighted material of any nature, or any bomb or device liable to set fire to inflammable
material on the ground while in or near any forestland, brushland or field containing inflammable vegetation or trash.
Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor for each separate offense.
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