Date of Hearing: August 18, 2020

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez, Chair

SBPCA Bill Id:SB 409

Author:(Wilk) – As Amended Ver:August 10, 2020

Urgency: No State Mandated Local Program: Yes Reimbursable: Yes

SUMMARY:

This bill increases the fines for illegal dumping in non-commercial amounts and makes it unlawful for a property owner to receive waste matter if a permit or license is required from a state or local agency and was not obtained prior to receiving the waste matter.

FISCAL EFFECT:

1. Cost pressures (General Fund (GF)/Trial Court Trust Fund) in the low hundreds of thousands of dollars in increased court costs, including possible trial costs given this bill expands an existing misdemeanor. A defendant charged with a misdemeanor, even a misdemeanor with no threat of jail, is entitled to a no cost legal representation and a jury trial. If 15 new misdemeanors are filed annually statewide and proceed to trial resulting in the use of two days of court time, at an estimated cost of approximately $7,644 for an eight-hour court day, the approximate cost to the trial courts is $229,320.
   
   Although courts are not funded on the basis of workload, increased pressure on the courts and staff may create a need for increased funding for staff and infrastructure. This is particularly true given that courts delayed hundreds of trials and civil motion during the COVID-19 pandemic resulting in a serious backlog that must be resolved.
   
2. Minor costs (GF) to the Department of Justice (DOJ) in increased workload to update and publish the statewide master code tables, coordinate with the statewide master code table governance board and subject matter experts, coordinate with the Criminal Justice Statistics Center for National Incident-Based Reporting System (NIBRS) and Bureau of Criminal Statistics (BCS) codes, update departmental documentation and procedures and provide outreach and coordination with criminal justice agency stakeholders.
   

COMMENTS:

1. Purpose. According to the author:

SB 409 closes this loophole [in existing law] by clarifying that consent can only be given once local permits are obtained, while also enables haulers to face penalties for transporting waste matter for the purpose of unlawful dumping.

1. Background. The Los Angeles District Attorney's Office describes increasing problems with dumping of waste material within Los Angeles County. With the increased costs of licensed dumpsites in Los Angeles County, some property owners are giving truck owners/operators permission to dump waste matter on their land without first obtaining the required permits from state, county, and local agencies. A property owner profits from collecting cash, while a truck owner/operator profits from charging the high cost for the transportation of waste intended for a licensed dumpsite, instead delivering the waste to a property owner's land for far less money, thereby pocketing the difference.
   
   Los Angeles County has addressed this issue by passing municipal ordinances, including one which makes it a misdemeanor for a property owner to allow more than 50 cubic yards of waste unless they have a permit. It is unclear whether this issue of private property dumping is common in other cities and counties and whether the issue is best resolved through local ordinance.
2. Related Legislation. AB 215 (Mathis), of the 2019-2020 Legislative Session, increases the penalty for illegal dumping on private property from an infraction to a misdemeanor. AB 215 was held on this committee’s suspense file.

Analysis Prepared by: Kimberly Horiuchi / APPR. / (916) 319-2081

Date of Hearing: August 5, 2020

Counsel: David Billingsley

ASSEMBLY COMMITTEE ON PUBLIC SAFETY

Reginald Byron Jones-Sawyer, Sr., Chair

SBPCA Bill Id:SB 409

Author:(Wilk) – As Amended Ver:April 9, 2019

As Proposed to be Amended in Committee

SUMMARY:

Increases the fines for dumping of waste in non-commercial quantities. Makes it a crime to transport waste and other specified materials for the purposes of dumping. Specifically, this bill:

1. Provides that it is unlawful to transport waste and other specified material for the purpose of dumping.
2. Specifies that it is unlawful to dump, cause to be dumped, or transport for the purpose of dumping, waste matter upon private property with the consent of the owner or an agent of the owner if a permit or license is required by state or local agency and was not obtained.
3. Provides that it is unlawful for a property owner or an agent of the property owner to receive waste matter if a permit or license is required from a state or local agency and was not obtained prior to receiving the waste matter.
4. Provides that it is unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, or transport for the purpose of placing depositing or dumping, rocks, concrete, asphalt, or dirt upon private property with the consent of the owner or agent of the owner if a permit or license is required by a state or local agency and was not obtained.
5. States that the prohibition on dumping does not restrict a private owner in the use of  the owner’s own private property, unless the placing, depositing, or dumping of the waste matter on the property required a permit or license from a state or local agency and one was not obtained, or the placing, depositing, or dumping of waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services,  the Department of Forestry and Fire Protection, or the state or local agency with jurisdiction over the property, in which case prohibition on dumping applies.
6. Increases fines for a violation dumping as infraction to the following levels: a fine of $500-$1,000 for a first offense; a fine of $1,000-$2,500 for a second offense; and a fine of $2,500 to $4,000 for a third or subsequent offense.

EXISTING LAW:

1. States that it is unlawful to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. (Pen. Code, § 374.3, subd. (a).)
   
2. Provides it is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property. (Pen. Code, § 374.3, subd. (b).)
   
3. States that a person violating dumping provisions is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation the law is a separate violation. (Pen. Code, § 374.3, subd. (c).)
   
4. Provides these provisions do not restrict a private owner in the use of his or her own private property, unless the placing, depositing, or dumping of the waste matter on the property creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies. (Pen. Code, § 374.3, subd. (d).)
   
5. Specifies a person convicted of dumping shall be punished by a mandatory fine of not less than $250 nor more than $1,000 upon a first conviction, by a mandatory fine of not less than $500 nor more than $1,500 upon a second conviction, and by a mandatory fine of not less than $750 nor more than $3,000 upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled. (Pen. Code, § 374.3, subd. (e).)
   
6. Provides that the court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property. (Pen. Code, § 374.3, subd. (f).)
   
7. States that except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. (Pen. Code, § 374.3, subd. (g).)
   
8. States that a person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than $1,000 nor more than $3,000 upon a first conviction, not less than $3,000 nor more than $6,000 upon a second conviction, and not less than ($6,000) nor more than $10,000 upon a third or subsequent conviction.
   
9. Defines “commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard.
   
10. States that a person who dumps sewage, sludge, cesspool or septic tank effluent, accumulation of human excreta, or solid waste, in or upon a street, alley, public highway, or road in common use or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of the property, or upon private property without the owner’s consent, is guilty of a misdemeanor. (Health & Saf. Code, § 11755.)
    

FISCAL EFFECT:

Unknown

COMMENTS:

1. Author's Statement: According to the author, "SB 409 provides law enforcement with additional tools to protect our environment and neighborhoods against unlawful dumping. Current statute concerning unlawful dumping addresses situations in which property owners do not consent to dumping on their property. However, a loophole exists as the statute does not address situations in which landowners do provide consent for dumping, however, without obtaining required local permits. Property owners profits from collecting cash, while a truck haulers profit from charging the high cost for the transportation of waste intended for a licensed dumpsite, and instead delivering the waste to a property owner’s land for a far lower amount of money, thereby pocketing the difference. These bad actors profit for from engaging in this unlawful enterprise to the detriment of the environment and health of the local communities. SB 409 closes this loophole by clarifying that consent can only be given once local permits are obtained, while also enables haulers to face penalties for transporting waste matter for the purpose of unlawful dumping.”
   
2. This Bill Increases Fines for Dumping Violations:
   
   Under current law, dumping in commercial amounts (more than a cubic yard) is punished as a misdemeanor, while dumping at less than commercial amounts, is an infraction punishable with graduated fines. The existing fines for illegal, non-commercial, dumping are significant. The fines are on a graduated scale that increases for repeated violations of the law and include mandatory minimums. Existing law provides that a person convicted of dumping shall be punished by a mandatory fine of not less than $250 nor more than $1,000 upon a first conviction, by a mandatory fine of not less than $500 nor more than $1,500 upon a second conviction, and by a mandatory fine of not less than $750 nor more than $3,000 upon a third or subsequent conviction.
   
   This bill would provide that a violation of dumping in non-commercial amounts is punished by a fine of $500-$1,000 for a first offense; a fine of $1,000-$2,500 for a second offense; and a fine of $2,500 to $4,000 for a third or subsequent offense.
   
3. Penalty Assessments: The amount specified in statute as a fine for violating a criminal offense are base figures, as these amounts are subject to statutorily-imposed penalty assessments, such as fees and surcharges. Assuming a defendant is fined the maximum amount of $3,000 under Penal Code Section 374.3 (illegal dumping non-commercial) for a 3^rd offense infraction, the following penalty assessments would be imposed pursuant to the Government and Penal codes:
   

1. Dumping Issues in Los Angeles County: The sponsor of this bill, the Los Angeles District Attorney’s Office, describes increasing problems with dumping of waste material within Los Angeles County. With the increased costs of licensed dumpsites in Los Angeles County and throughout the State, some property owners are giving truck owners/operators permission to dump waste matter on their land without first obtaining the required permits from state, county, and/or local agencies. A property owner profits from collecting cash, while a truck owner/operator profits from charging the high cost for the transportation of waste intended for a licensed dumpsite, and instead delivering the waste to a property owner’s land for a far lower amount of money, thereby pocketing the difference.
   
   Los Angeles County has addressed this issue by passing municipal ordinances, including one which makes it a misdemeanor for a property owner to allow more than 50 cubic yards of waste unless they have a permit. The local action by Los Angeles does raise the question of whether this issue is more appropriately dealt with on a local level with local solutions tailored to meet the needs of their respective jurisdictions. This bill would create a state law that prohibits a property owner from receiving waste without the required permits, if a state or local permit is required.
2. Transport for Purposes of Dumping: This bill would make it unlawful to transport waste matter and other specified materials for the purpose of dumping. Existing law makes it unlawful to dump. While transport for the purpose of dumpling is not explicitly identified as unlawful in the statute, a person can be charged and convicted with an attempt to commit a crime if the person has taken sufficient steps towards completion of the crime. Transporting waste material with the intent to dump would be attempted dumping under current law. An attempt to commit a crime is punishable by up to half the maximum punishment available for the completed crime. This bill would establish transport for purposes of dumping as a crime that could be punished by the same maximum sentence as a crime where the material has been dumped.
   
3. Argument in Support: According to the Los Angeles County Board of Supervisors, “SB 409 would expand the crime of illegal dumping to include the transporting of waste matter, rocks, concrete, asphalt or dirt for the purpose of dumping. The measure would also make it a crime to dump, deposit or receive those materials on private property with the consent of the owner without obtaining required permits or licenses and increase the fines for illegal dumping and make the violations an infraction.
   
   “The County's Department of Public Works has seen a recent and significant increase in reported cases of dumping commercial waste material into private yards, vacant lots and remote canyon areas with the consent of land owners. Because it can be profitable, landowners will grant permission to haulers to dump waste material on their land without requisite licenses or approvals from state and local agencies.
   

“SB 409 would reduce County cleanup costs for illegal dumping, enable the District Attorney to prosecute illegal dumping and deter future, unlawful dumping.”

1. Argument in Opposition: According to the American Civil Liberties Union of California, “It is already unlawful to transport the above-mentioned materials for the purpose of dumping them on private property without the owner’s consent. So long as the person transporting the materials has the specific intent to commit the crime, the person can be convicted of attempted dumping under current law. (Penal Code section 21a; Penal Code section 347.3.) If a person transporting these materials does not possess the specific intent to dump them, that person should not be guilty of a crime – whether as an attempt under current law, or as a new crime under SB 409.
   
   “While the goal of encouraging people to seek appropriate permits and licenses to deposit waste matter, rocks, concrete, asphalt, or dirt on private property may be worthwhile, failure to do so does not rise to the level of a crime. Such failures are more appropriately address through professional regulations, and in fact are under existing law.
   
   “Lastly, criminalizing both the property owner and the person who deposited the materials, when it is likely that neither was responsible for obtaining the permit or license and may not know whether a permit or license was properly obtained, will not actually address or deter the behavior contemplated by this bill. Instead, the criminal convictions and mandatory fines may needless fall on well-intentioned property owners, and innocent low-wage workers who cannot afford the fines and whose inability to pay the fines will have lasting consequences for them and their families.”
   
2. Related Legislation:
   
   1. AB 215 (Mathis), would have created a new misdemeanor crime by specifying that the fourth violation of illegal dumping on private property is punishable by up to 30 days in county jail and a fine of not less than $750 nor more than $3,000. AB 215 was held on the Assembly Appropriations Suspense File.
      
   2. AB 1216 (Bauer-Kahan), would have created a pilot program to employ a single law enforcement officer in both Alameda and Contra Costa counties to enforce laws prohibiting dumping. AB 1216 was held in the Assembly Appropriations Committee.
      
3. Prior Legislation:
   
   1. AB 144 (Mathis), of the 2015-2016 Legislative Session, was identical to AB 215. AB 144 was vetoed by the Governor.
      
   2. AB 1992 (Canciamilla), Chapter 416, Statutes of 2006, imposed the graduated penalties and increased fines for second and third violations of illegal dumping offenses. AB 1992 went through the Assembly Committee on Natural Resources Committee and was not heard in the Public Safety Committee.

REGISTERED SUPPORT / OPPOSITION:

Support

Los Angeles County District Attorney's Office (Co-Sponsor)
7th Generation Advisors
Alameda County Board of Supervisors
Alameda County District Attorney's Office
Alameda County Supervisor 
California Association of Environmental Health Administrators 
California Association of Professional Scientists
California Chamber of Commerce
California Compost Coalition
Californians Against Waste
Contra Costa County
Contra Costa County Administrator
Contra Costa County Board of Supervisors
County of Los Angeles Board of Supervisors
County of San Bernardino
Los Angeles County Board of Supervisors 
Republic Services Inc.
San Bernardino; County of
Sierra Club
Surfrider Foundation
The 5 Gyres Institute

Oppose Unless Amended

California Construction & Industrial Materials Association

Other

American Civil Liberties Union/northern California/southern California/san Diego and Imperial Counties

Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744

 THIRD READING  

Bill No: SB 409

Author: Wilk (R), et al.

Amended: 4/9/19

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 7-0, 4/2/19

AYES: Skinner, Moorlach, Bradford, Jackson, Mitchell, Morrell, Wiener

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

SUBJECT: Illegal dumping

SOURCE: Los Angeles County District Attorney’s Office

DIGEST:

This bill (1) expands the crime of illegal dumping to include the transporting of waste matter, rocks, concrete, asphalt, or dirt for the purpose of dumping; (2) makes it a crime to dump, deposit or receive waste matter, rocks, concrete or asphalt, or dirt on private property with the consent of the owner if a permit or license was required but not obtained; (3) increases the fines for illegal dumping; and (4) makes it illegal to transport commercial quantities to dump in specified locations.

ANALYSIS:

Existing law:

1. Provides that it is unlawful to dump, or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. (Penal Code § 374.3 (a))
2. States it is unlawful to place, deposit, dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction of the highway, road or property. (Penal Code § 374.3 (b))
3. Provides that a violation of the above is an infraction punishable by: a fine of $250-$1,000 for a first offense; a fine of $500-$1,500 as a second offense; and, a fine of $750-$3,000 for a second offense.
4. Provides that if the waste matter dumped was tires the above fines shall be doubled.
5. Provides that a person convicted of the above can be ordered to remove or pay the cost of removing the waste matter or be required to pick up waste matter at a time or place in the jurisdiction of the court for not less than 12 hours.

This bill:

1. Provides that it is also unlawful to transport for the purpose of dumping.
2. Provides that it is unlawful to dump, cause to be dumped, or transport for the purpose of dumping, waste matter upon private property with the consent of the owner or an agent of the owner if the permit or license is required by state or local agency and was not obtained.
3. Provides that it is unlawful for a property owner or an agent of the property owner to receive waste matter if a permit or license is required from a state or local agency and was not obtained prior to receiving the waste matter.
4. Provides that it is also unlawful to transport the items for the purpose of placing, depositing or dumping.
5. Provides that it is unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, or transport for the purpose of placing depositing or dumping, rocks, concrete, asphalt, or dirt upon private property with the consent of the owner or agent of the owner if a permit or license is required by a state or local agency and was not obtained.
6. Provides that it is unlawful for a property owner or an agent of the property owner to receive rocks, concrete, asphalt, or dirt if a permit or license is required from a state or local agency and was not obtained prior to receiving the rocks, concrete, asphalt, or dirt.
7. Provides instead that a violation of the above is an infraction punishable by: a fine of $500-$1,000 for a first offense; a fine of $1,000-$2,500 for a second offense; and a fine of $2,500 to $4,000 for a third or subsequent offense.

Background

According to the author:

Existing law addresses situations in which a property owner does not give permission to unlawfully dump waste matter on her/his property. However, with the increased costs of licensed dumpsites in Los Angeles County and throughout the State, many property owners are giving truck owners/operators permission to dump waste matter on their land without first obtaining the required permits from state, county, and/or local agencies. A property owner profits from collecting cash, while a truck owner/operator profits from charging the high cost for the transportation of waste intended for a licensed dumpsite, and instead delivering the waste to a property owner’s land for a far lower amount of money, thereby pocketing the difference. The environmental damage would dramatically be reduced if the property owner is responsible for complying with all state or local agency laws, codes and ordinances and if truck owners/operators were added to the unlawful dumping statute.

Existing monetary fine amounts are also low enough that violators consider it cheaper to offend, serving little to no incentive to stopping this unlawful practice. Prosecutors and those responsible with protecting the safety and health of our communities are often left with few effective options to stopping bad actors and closing down unlicensed dumpsites.

Existing law also severely limits which local departments can declare that illegal dumping creates a public safety hazard or nuisance, leaving many counties respective local agencies that directly and frequently respond to unlawful dumping complaints with no statutory authority to enforce charges against violators.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 4/23/19)

Los Angeles County District Attorney’s Office (source)

California Association of Professional Scientists

Los Angeles County Board of Supervisors

OPPOSITION: (Verified 4/23/19)

ACLU of California

California Attorneys for Criminal Justice

California Public Defenders Association

Prepared by: Mary Kennedy / PUB. S. /

4/24/19 14:55:28

**** END ****

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Nancy Skinner, Chair

2019 - 2020 Regular

Bill No: SB 409 Hearing Date: April 2, 2019

Subject: Illegal Dumping

HISTORY

Source: Author

Prior Legislation: AB 1992 (Canciamilla) Chapter 416, Stats. 2006

AB 1802 (Bogh) - Chapter 137, Stats. 2004

AB 1799 (Migden) - Chapter 50, Stats. 1998

Support: Unknown

Opposition: ACLU of California; California Public Defenders Association

PURPOSE

The purpose of this bill is to: 1) expand the crime of illegal dumping to include the transporting of waste matter, rocks, concrete, asphalt, or dirt for the purpose of dumping; 2) make it a crime to dump, deposit or receive waste matter, rocks, concrete or asphalt, or dirt on private property with the consent of the owner if a permit or license was required but not obtained; and 3) increase the fines for illegal dumping and make the violations a misdemeanor not an infraction; and, to make it illegal to transport commercial quantities to dump in specified locations.

Existing law provides that it is unlawful to dump, or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. (Penal Code § 374.3 (a))

This bill also provides that it unlawful to transport for the purpose of dumping.

This bill provides that it is unlawful to dump, cause to be dumped, or transport for the purpose of dumping, waste matter upon private property with the consent of the owner or an agent of the owner if the permit or license is required by state or local agency and was not obtained.

This bill provides that it is unlawful for a property owner or an agent of the property owner to receive waste matter if a permit or license is required from a state or local agency and was not obtained prior to receiving the waste matter.

Existing law states it is unlawful to place, deposit, dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction of the highway, road or property. (Penal Code § 374.3 (b))

This bill provides that it is also unlawful to transport the items for the purpose of placing, depositing or dumping.

This bill provides that it is unlawful to place, deposit, or dump, or cause to be placed, deposited or dumped, or transport for the purpose of placing depositing or dumping, rocks, concrete, asphalt, or dirt upon private property with the consent of the owner or agent of the owner if a permit or license is required by a state or local agency and was not obtained.

This bill provides that it is unlawful for a property owner or an agent of the property owner to receive rocks, concrete, asphalt, or dirt if a permit or license is required from a state or local agency and was not obtained prior to receiving the rocks, concrete, asphalt, or dirt.

Existing law provides that a violation of the above is an infraction punishable by: a fine of $250-$1,000 for a first offense; a fine of $500-$1,500 as a second offense; and, a fine of $750-$3,000 for a second offense.

Existing law provides that if the waste matter dumped was tires the above fines shall be doubled.

Existing law provides that if a person convicted of the above can be ordered to remove or pay the cost of removing the waste matter or be required to pick up waste matter at a time or place in the jurisdiction of the court for not less than 12 hours.

This bill provides instead that a violation of the above is a misdemeanor punishable by: a fine of $500-$1,000 for a first offense; a fine of $1,000-$2,500 for a second offense; and a fine of $2,500 to $4,000 for a third or subsequent offense.

COMMENTS

1. Need for the Bill

According to the author:

Existing law addresses situations in which a property owner does not give permission to unlawfully dump waste matter on her/his property. However, with the increased costs of licensed dumpsites in Los Angeles County and throughout the State, many property owners are giving truck owners/operators permission to dump waste matter on their land without first obtaining the required permits from state, county, and/or local agencies. A property owner profits from collecting cash, while a truck owner/operator profits from charging the high cost for the transportation of waste intended for a licensed dumpsite, and instead delivering the waste to a property owner’s land for a far lower amount of money, thereby pocketing the difference. The environmental damage would dramatically be reduced if the property owner is responsible for complying with all state or local agency laws, codes and ordinances and if truck owners/operators were added to the unlawful dumping statute.

Existing monetary fine amounts are also low enough that violators consider it cheaper to offend, serving little to no incentive to stopping this unlawful practice. Prosecutors and those responsible with protecting the safety and health of our communities are often left with few effective options to stopping bad actors and closing down unlicensed dumpsites.

Existing law also severely limits which local departments can declare that illegal dumping creates a public safety hazard or nuisance, leaving many counties respective local agencies that directly and frequently respond to unlawful dumping complaints with no statutory authority to enforce charges against violators.

2. Expansion of the definition of illegal dumping

Existing law makes it unlawful to dump waste matter, rocks, concrete, asphalt or dirt in or upon any public or private highway or road or any private property without consent of the owner, or in any public park or other public property. This bill expands that definition to include transporting for the purpose of dumping.

This bill further prohibits dumping on private property with the owner’s permission if the dumping would have required a permit or license and that permit or license was not obtained.

3. Changes in penalties

Existing law makes the penalty for dumping an infraction with the following penalties:

• First offense a fine of $250-$1,000(approximately $1,025-$4,100 with penalty assessments.)
• Second offense a fine of $500-$1,500 (approximately $2,050-$6,150 with penalty assessments.)
• Third or subsequent offense a fine of $750-$3,000 (approximately $3,075-$12,300 with penalty assessments.)

If the items dumped were tires then the fines are doubled. Each day the item is dumped is a separate violation so these fine can be applied daily.

This bill changes the penalty from an infraction to a fine only misdemeanor and increases the fines as follows:

• First offense a fine of $500-$1,000 (approximately $2,050-$4,100 with penalty assessments.)
• Second offense a fine of $1,000-$2,500 (approximately $4,100-$10,250 with penalty assessments.)
• Third or subsequent offense a fine of $2,500-$4,000 (approximately $10,250-$16,400 with penalty assessments.)

By changing the penalty to a misdemeanor, the person accused of illegal dumping will now have the right to an attorney and a jury trial, which may be appropriate for these high fines. However, it is unusual to have a misdemeanor with no jail time.

The fines in this section have not been increased since 2006, however the penalty assessments have increased approximately 40% since 2006 thus increasing the fine that a person actually pays.

Are these new higher fines appropriate? If the penalty is to be a misdemeanor should jail time be an option?

-- END –