(1)Existing law makes it unlawful to dump waste matter in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt, or dirt in certain locations, as specified.

This bill would make it a crime to dump, deposit, or transport for the purpose of dumping or depositing, any waste matter, rocks, concrete, asphalt, or dirt on private property with the consent of the owner or an agent of the owner if a permit or license was required by a state or local agency and was not obtained. The bill would make it a crime for a property owner or agent to receive waste matter, rocks, concrete, asphalt, or dirt if a permit or license is required from a state or a local agency and was not obtained prior to receiving the waste matter, rocks, concrete, asphalt, or dirt. The bill would make these provisions inapplicable to any owner, or agent of any owner, of property on which an authorized construction material or recycling facility that produces materials used for public infrastructure or stormwater pollution control is located. The bill would also make it unlawful to transport waste matter in commercial quantities for the purpose of dumping it in the locations described above. Because this bill would expand the scope of a crime, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law makes it unlawful to dump waste matter in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt, or dirt in certain locations, as specified. A person who violates these provisions is guilty of an infraction punishable by specified fines. Existing law makes it a separate offense for each day that the illegal dumped waste remains. Existing law also makes it a misdemeanor to place, deposit, or dump waste matter in commercial quantities, as defined, in certain locations.

This bill would make it a crime to dump, deposit, or transport for the purpose of dumping or depositing, any waste matter, rocks, concrete, asphalt, or dirt on private property with the consent of the owner or an agent of the owner if a permit or license was required by a state or local agency and was not obtained. The bill would make it a crime for a property owner or agent to receive waste matter, rocks, concrete, asphalt, or dirt if a permit or license is required from a state or a local agency and was not obtained prior to receiving the waste matter, rocks, concrete, asphalt, or dirt. The bill would increase the fines for violating these provisions and would make these violations misdemeanors. The bill would make it a separate offense every 72 hours that the illegally dumped waste remains. The bill would make these provisions inapplicable to any owner, or agent of any owner, of property on which a legally authorized rock product operation, as defined, is located, or of property that is subject to a reclamation plan, as specified, at the time that the property owner or agent of the property owner received rocks, concrete, asphalt, or dirt onto their property. The bill would also make it unlawful to transport waste matter in commercial quantities for the purpose of dumping it in the locations described above. Because this bill would expand the scope of a crime and increase the punishment of a crime from an infraction to a misdemeanor, crime, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

(1)Existing law makes it unlawful to dump waste matter in certain locations, such as upon a public or private highway or road, upon private property without the consent of the owner, or in or upon a public park or other public property, as specified. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt, or dirt in certain locations, as specified. A person who violates these provisions is guilty of an infraction punishable by specified fines. Existing law makes it a separate offense for each day that the illegal dumped waste remains. Existing law also makes it a misdemeanor to place, deposit, or dump waste matter in commercial quantities, as defined, in certain locations.

This bill would make it a crime to dump or deposit dump, deposit, or transport for the purpose of dumping or depositing, any waste matter, rocks, concrete, asphalt, or dirt on private property with the consent of the owner or an agent of the owner if a permit or license was required by a state or local agency and was not obtained. The bill would make it a crime for a property owner or agent to receive waste matter, rocks, concrete, asphalt, or dirt if a permit or license is required from a state or a local agency and was not obtained prior to receiving the waste matter, rocks, concrete, asphalt, or dirt. The bill would increase the fines for violating these provisions and would make these violations misdemeanors. The bill would make it a separate offense every 72 hours that the illegally dumped waste remains. The bill would make these provisions inapplicable to any owner, or agent of any owner, of property on which a legally authorized rock product operation, as defined, is located, or of property that is subject to a reclamation plan, as specified, at the time that the property owner or agent of the property owner received rocks, concrete, asphalt, or dirt onto their property. The bill would also make it unlawful to transport waste matter in commercial quantities for the purpose of dumping it in the locations described above. Because this bill would expand the scope of a crime and increase the punishment of a crime from an infraction to a misdemeanor, it would impose a state-mandated local program.

(2)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Existing law authorizes any state agency to enter into an energy savings contract with a qualified energy service company for the purchase or exchange of thermal or electrical energy or water, or to acquire energy efficiency services, water conservation services, or both, for a term not exceeding 35 years, at those rates and upon those terms that are approved by the agency, as specified.

This bill would make nonsubstantive changes to that authorization.

 THIRD READING  

Bill No: SB 1359

Author: Wilk (R)

Amended: 4/24/24

Vote: 21

SENATE PUBLIC SAFETY COMMITTEE: 5-0, 4/23/24

AYES: Wahab, Seyarto, Bradford, Skinner, Wiener

SENATE APPROPRIATIONS COMMITTEE: 7-0, 5/16/24

AYES: Caballero, Jones, Ashby, Becker, Bradford, Seyarto, Wahab

SUBJECT: Illegal dumping

SOURCE: Author

DIGEST:

This bill prohibits the dumping of waste matter and other specified materials on private property even with the owner’s consent if a permit or license was required and not obtained.

ANALYSIS:

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. (Penal Code § 374.3 (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. (Penal Code § 374.3 (b).)
3. States that a person violating dumping provisions is guilty of an infraction. Each day that waste is placed, deposited, or dumped in violation the law is a separate violation. (Penal Code § 374.3 (c).)
4. Provides that illegal dumping prohibitions do not restrict a private owner in the use of their 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 (d).)
5. Punishes a person convicted of dumping shall 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. (Penal Code § 374.3 (e).)
6. Provides that the court may require, in addition to any fine imposed upon a conviction, that the person convicted 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. (Penal Code § 374.3 (f).)
7. States that the court may, in addition to the fine imposed upon a conviction, require that a person convicted of a violation described above pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. (Penal Code § 374.3 (g).)
8. Provides that a person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of the provisions above 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 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. (Penal Code § 374.3 (h)(1).)
9. Provides that if a person convicted for a violation above illegal dumping in commercial quantities per the immediately preceding provision is the owner or operator of the business involved in the illegal dumping, and that business employs more than 10 full-time employees, the fine shall amount to not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than twenty thousand dollars ($20,000) upon a third or subsequent conviction. (Penal Code § 374.3 (h)(2).)
10. States that the court shall require, in addition to the fine imposed upon a conviction, that a person convicted for illegal dumping in commercial quantities remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon the public or private property. (Penal Code § 374.3 (h)(3).)
11. Specifies that if a person convicted for illegal dumping in commercial quantities holds a license or permit to conduct business that is substantially related to the illegal dumping for which the person was convicted, the court shall notify the applicable licensing or permitting entity subject to the jurisdiction of the Department of Consumer Affairs of the conviction, as specified. (Penal Code § 374.3 (h)(4)(A).)
12. Requires the licensing or permitting entity implicated by the provision above to record and post the offense on the public profile of the license or permit holder on the internet website of the entity. (Penal Code § 374.3 (h)(4)(B).)
13. Defines “commercial quantities” as 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. This subdivision does not apply to the dumping of household waste at a person’s own residence. (Penal Code § 374.3 (h)(5).)
14. Provides that when setting fines pursuant to the above violations, the court shall consider the defendant’s ability to pay, including consideration of several specified factors. (Penal Code § 374.3 (j).)

This bill:

1. Makes it unlawful to dump, cause to be dumped, or transport for the purpose of dumping, any waste matter, rocks, concrete, asphalt or dirt upon private property with the consent of the owner or an agent of the owner, if a permit or license is required by a state or local agency and was not obtained. Violation is punishable as an infraction.
2. Makes it unlawful for a property owner or agent to receive waste matter, rocks, concrete, asphalt or dirt if a permit or license is required from a state or local agency and not obtained prior to receiving those materials.
3. Makes it unlawful to transport waste in commercial quantities for the purpose of dumping it illegally, as specified, violation of which is punishable as a misdemeanor.

Comments

According to the Author, “For too long, High Desert residents have dealt with trucks from Los Angeles driving through their neighborhood, dumping tons of broken concrete and other waste materials into their communities. In just one year, 896 tons of trash - almost 2 million - was collected. Residents and local government invest their time volunteering to clean up their communities, but feel like they do not have support from the state. One tragic example of the dangerous of illegal dumping, is when a 21-year-old woman was killed after she was thrown from the back of a motorcycle and landed on an illegally dumped TV beside the road.

Current laws only address situations where 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. This loophole also exempts them from permitting requirements. Those property owners are able to make a profit under the table, while truck haulers avoid high costs associated with licensed dumpsites. Unfortunately, law enforcement has no ability to stop this. SB 1359 will provide much-needed support to the High Desert and increase penalties against bad actors who continue to pollute our environment and our communities.”

Under existing law, it is a crime to dump waste matter upon a public or private road, on private property accessible to the public by easement, on private property without the consent of the owner, or in a public park or other public property other than property designated for the purpose of dumping. Existing law also explicitly prohibits dumping rocks, concrete, asphalt and dirt on those types of property. Illegal dumping is punishable as an infraction, with increasing fines for a second, third and subsequent offense, and current law states that each day waste is placed, deposited, or dumped in violation of the provisions above constitutes a separate violation. Existing law imposes a misdemeanor and higher fines for the illegal dumping of “commercial quantities” of waste matter.

This bill expands the infraction for illegal dumping in existing law to include the dumping, depositing or transport for the purpose of dumping or depositing any waste matter, rocks, concrete, asphalt, or dirt on private property even with the consent of the owner, if a permit or license was required by a state or local agency and was not obtained prior to that conduct. Additionally, the bill prohibits property owners or their agent from receiving those materials if a permit or license is required from a state or local agency and was not obtained. Violation of any of these prohibitions is punishable as an infraction. Finally, the bill creates a misdemeanor for the crime of transporting commercial quantities of waste matter for the purpose of dumping them illegally.

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

According to the Senate Appropriations Committee:

• Unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund).

SUPPORT: (Verified 5/16/24)

California Association of Professional Scientists

California Construction & Industrial Materials Association

Rural County Representatives of California

The Acton Town Council

OPPOSITION: (Verified 5/16/24)

ACLU California Action

California Public Defenders Association

Prepared by: Alex Barnett / PUB. S. /

5/17/24 10:09:34

**** END ****

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1359 (Wilk) - Illegal dumping

Bill Summary:

SB 1359 increases the penalties for waste dumping-related crimes and expands these offenses to include “transporting” waste and specified materials.

*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********

The following information is revised to reflect amendments

adopted by the committee on May 16, 2024

Fiscal Impact:

Unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund).

Committee Amendments:

Delete provisions increasing the penalty for the offense to a misdemeanor.

-- END --

SENATE COMMITTEE ON

Senator Anna Caballero, Chair

2023 - 2024 Regular Session

SB 1359 (Wilk) - Illegal dumping

Bill Summary:

SB 1359 increases the penalties for waste dumping-related crimes and expands these offenses to include “transporting” waste and specified materials.

Fiscal Impact:

• Unknown, potentially significant workload cost pressures (General Fund, Trial Court Trust Fund) to the courts to adjudicate charges brought against defendants who violate this bill’s prohibition. A defendant charged with a misdemeanor is entitled to a no cost legal representation and a jury trial. If 10 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 $8,300 for an eight-hour court day, the approximate cost to the trial courts is $166,000. While the superior courts are not funded on a workload basis, an increase in workload could result in delayed court services and pressure to fund additional staff and resources. The Governor’s 2024-25 state budget proposes $83.1 million ongoing General Fund to continue to backfill the Trial Court Trust Fund for expected revenue declines.
  
• Potential non-reimbursable annual costs in the hundreds of thousands of dollars to low millions of dollars to counties (local funds) for increased incarceration costs. The average annual cost to incarcerate a defendant in county jail is approximately $29,000. If 10 defendants statewide are sentenced annually to an average of six months in county jail for transporting waste, the total cost to counties would be $145,000. California county jails are increasingly overcrowded – particularly since the enactment of the Realignment Act in 2011. Although new crimes are not considered reimbursable state mandates pursuant to Proposition 30 (2012), overcrowding in county jails creates cost pressure on the General Fund because the state has historically granted new funding to counties to offset overcrowding since 2011.

Background:

Under existing law, it is unlawful to dump waste matter upon a public or private road, on private property accessible to the public by easement, on private property without the consent of the owner, or in a public park or other public property other than property designated for the purpose of dumping waste matter. Existing law also makes it unlawful to place, deposit, or dump rocks, concrete, asphalt and dirt on those types of property without consent of the owner or a contractor under contract with the owner for the materials. These offenses are infractions, and each day the waste is placed, deposited, or dumped is a separate infraction. A person who places, deposits, or dumps, this material in commercial quantities is guilty of a misdemeanor, punishable by imprisonment in a county jail for not more than six months and specified fines.

Under existing law, these prohibitions on illegal dumping do not restrict a private owner in the use of their own personal property unless the dumping of waste matter on the property creates a public health and safety hazard, 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.

Proposed Law:

This bill would expand the scope of existing law regarding dumping of waste and placing rocks, concrete, asphalt and dirt. Specifically, with regard to dumping waste, this bill would:

• Increase the penalty for dumping waste on a public or private highway or road, or on private property without consent of the owner, from an infraction to a misdemeanor.
• Create a new misdemeanor offense of dumping, or transporting for the purpose of dumping, waste on private property with the consent of the owner, if a permit or license is required and was not obtained.
• Create a new misdemeanor offense of receiving waste, if a permit is required to do so and was not obtained.
• Make it a separate violation for each 72-hour period that the waste is dumped or transported.

With regard to rocks, concrete, asphalt, or dirt, this bill would:

• Increase the penalty for placing any rocks, concrete, asphalt, or dirt on a public or private highway or road, or on private property without consent of the owner, from an infraction to a misdemeanor.
• Create a new misdemeanor offense of placing, or transporting, any rocks, concrete, asphalt, or dirt for the purpose of placing these materials on private property with the consent of the owner, if a permit or license is required and was not obtained.
• Create a new misdemeanor offense of receiving any rocks, concrete, asphalt, or dirt if a permit is required to do so and was not obtained.
• Make it a separate misdemeanor violation for each 72-hour period that the rocks, concrete, asphalt, or dirt is placed or transported.

This bill also increases the fine for a violation the offense as follows:

• From a mandatory fine of no less than $250 to $500 upon a first conviction;
• From a mandatory fine of no less $500 and no more than $1,500 upon a second conviction to a mandatory fine of no less than $1,000 and no more than $2,500 upon a second conviction; and,
• From a mandatory fine of no less than $3,000 to $4,000 upon a third or subsequent conviction.

This bill provides that a person who “transports” for the purpose of dumping any commercial quantities of waste matter is guilty of a misdemeanor punishable pursuant to six months imprisonment in county jail, and a mandatory fine of up to $10,000.

This bill exempts owners of specified rock product operations from these provisions and the existing prohibitions, even without the consent of the owner.

Related Legislation:

AB 2374 (Bauer-Kahan, Chapter 784, Statutes of 2022) increased the maximum fines for illegal dumping for any person employing more than 10 full-time employees, and required any person convicted of illegal dumping to remove or pay the cost of removing the waste matter they were convicted of illegally dumping.

SB 409 (Wilk, 2019) would have increased the penalties for illegal dumping. SB 409 was held in Assembly Appropriations Committee.

AB 215 (Mathis, 2019) would have increased the fines for dumping waste matter on private property, including on any private road or highway, without the consent of the owner. AB 215 was held in Assembly Appropriations Committee.

AB 144 (Mathis, 2015) would have increased the penalties for illegal dumping. AB 144 was vetoed.

Staff Comments:

That this bill would make “transporting” commercial quantities of waste a misdemeanor, punishable by imprisonment in a county jail for up to six months. The fiscal impact of this bill cannot be known with certainty, as the actual impact will be dependent on numerous factors, including, but not limited to, judicial and prosecutorial discretion, the criminal history of the defendant, and the factors unique to each case. However, as discussed above, the increased incarceration provided for in this bill could result in non-reimbursable annual costs in the hundreds of thousands of dollars to for increased incarceration costs, an amount sufficient to meet the Suspense threshold. This is considerable given the due process concerns, as noted in the analysis of this bill by the Senate Committee on Public Safety:

“The criminalization of “transport for the purpose of dumping” raises several policy questions and possible due process concerns. […] By prohibiting the mere transport of waste material for the purpose of dumping illegally, the bill runs the risk of ensnaring a vast number of innocent motorists in the net of criminal suspicion and establishing remarkably broad grounds for law enforcement to conduct traffic stops (which may be pretextual in nature) and make arrests with little evidence beyond a person driving a vehicle with items in it.”

-- END --

SENATE COMMITTEE ON PUBLIC SAFETY

Senator Aisha Wahab, Chair

2023 - 2024 Regular

Bill No: SB 1359 Hearing Date: April 23, 2024

Subject: Illegal dumping

HISTORY

Source: Author

Prior Legislation: AB 659 (Mathis, 2022), not heard in Assembly Public Safety

AB 2374 (Bauer-Kahan), Ch. 784, Stats. of 2022

SB 409 (Wilk, 2019), held in Assembly Appropriations

AB 215 (Mathis, 2019) held in Assembly Appropriations

AB 1216 (Bauer-Kahan, 2019) held in Assembly Appropriations

AB 144 (Mathis, 2015), vetoed by the Governor

AB 1992 (Canciamilla), Chapter 416, Stats of 2006

AB 1802 (Bogh), Chapter 137, Stats of 2004

AB 1799 (Migden), Chapter 50, Stats of 1998

Support: Rural County Representatives of California

Opposition: ACLU California Action; California Public Defenders Association

PURPOSE

The purpose of this bill is to prohibit the dumping of waste matter on private property even with the owner’s consent if a permit or license was required and not obtained, to prohibit the transport of waste matter for the purpose of illegal dumping, and to increase penalties for existing illegal dumping offenses.

Existing law 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. (Penal Code § 374.3 (a).)

Existing law 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. (Penal Code § 374.3 (b).)

Existing law states that a person violating dumping provisions is guilty of an infraction. Each day that waste is placed, deposited, or dumped in violation the law is a separate violation. (Penal Code § 374.3 (c).)

Existing law provides that illegal dumping prohibitions do not restrict a private owner in the use of their 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 (d).)

Existing law punishes a person convicted of dumping shall 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. (Penal Code § 374.3 (e).)

Existing law provides that the court may require, in addition to any fine imposed upon a conviction, that the person convicted 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. (Penal Code § 374.3 (f).)

Existing law states that the court may, in addition to the fine imposed upon a conviction, require that a person convicted of a violation described above pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours. (Penal Code § 374.3 (g).)

Existing law provides that a person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of the provisions above 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 one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction. (Penal Code § 374.3 (h)(1).)

Existing law provides that if a person convicted for a violation above illegal dumping in commercial quantities per the immediately preceding provision is the owner or operator of the business involved in the illegal dumping, and that business employs more than 10 full-time employees, the fine shall amount to not less than one thousand dollars ($1,000) nor more than five thousand dollars ($5,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than ten thousand dollars ($10,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than twenty thousand dollars ($20,000) upon a third or subsequent conviction. (Penal Code § 374.3 (h)(2).)

Existing law states that the court shall require, in addition to the fine imposed upon a conviction, that a person convicted for illegal dumping in commercial quantities remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon the public or private property. (Penal Code § 374.3 (h)(3).)

Existing law specifies that if a person convicted for illegal dumping in commercial quantities holds a license or permit to conduct business that is substantially related to the illegal dumping for which the person was convicted, the court shall notify the applicable licensing or permitting entity subject to the jurisdiction of the Department of Consumer Affairs of the conviction, as specified. (Penal Code § 374.3 (h)(4)(A).)

Existing law requires the licensing or permitting entity implicated by the provision above to record and post the offense on the public profile of the license or permit holder on the internet website of the entity. (Penal Code § 374.3 (h)(4)(B).)

Existing law defines “commercial quantities” as 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. This subdivision does not apply to the dumping of household waste at a person’s own residence. (Penal Code § 374.3 (h)(5).)

Existing law provides that when setting fines pursuant to the above violations, the court shall consider the defendant’s ability to pay, including consideration of several specified factors. (Penal Code § 374.3 (j).)

This bill provides that it is unlawful to transport for the purpose of dumping any waste matter in or upon a public or private highway or road, as specified, or in or upon private property, as specified, or upon private property without the consent of the owner or an agent 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.

This bill provides that the illegal dumping activity proscribed by Penal Code §374, subdivision (a), including transporting waste for the purpose of dumping, that occurs upon private property is not unlawful if the activity is being undertaken with the consent of an agent of the owner of the property.

This bill provides, however, that it is unlawful to dump, cause to be dumped, or transport for the purpose of dumping, any 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 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 any 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.

This bill provides that it is unlawful to transport for the purpose of placing, depositing or dumping any 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 upon private property, without the consent of the owner, an agent 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.

This bill provides that the illegal dumping activity proscribed by Penal Code §374.3, subdivision (b), including transporting waste for the purpose of placing, depositing, or dumping, that occurs upon private property is not unlawful if the activity is being undertaken with the consent of an agent of the owner of the property.

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

This bill makes it unlawful for a property owner or an agent of the property owner to receive any 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.

This bill increases the penalty for all illegal dumping crimes under Penal Code § 374.3 from an infraction to a misdemeanor.

This bill provides that each day that waste unlawfully transported for the purpose of dumping in violation of the above provisions remains is a separate violation.

This bill provides that the illegal dumping provisions outlined above do not restrict a private owner in the use of their own property unless the placing, depositing, or dumping of the waste matter on the property requires a permit or license from a state or local agency and is not obtained.

This bill increases the range of fines that may be charged for violations of the above illegal dumping provisions as follows:

• For a first conviction, between $500 and $1000.
• For a second conviction, between $1,000 and $2,500
• For a third or subsequent conviction, between $2,500 and $4,000

This bill provides that a person who transports for the purpose of dumping any commercial quantities of waste matter is guilty of a misdemeanor punishable pursuant to the provision of existing law regarding illegal dumping of commercial quantities of waste, to be fined in accordance with that provision.

COMMENTS

1. Need for This Bill

According to the Author:

For too long, High Desert residents have dealt with trucks from Los Angeles driving through their neighborhood, dumping tons of broken concrete and other waste materials into their communities. In just one year, 896 tons of trash - almost 2 million - was collected. Residents and local government invest their time volunteering to clean up their communities, but feel like they do not have support from the state. One tragic example of the dangerous of illegal dumping, is when a 21-year-old woman was killed after she was thrown from the back of a motorcycle and landed on an illegally dumped TV beside the road.

Current laws only address situations where 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. This loophole also exempts them from permitting requirements. Those property owners are able to make a profit under the table, while truck haulers avoid high costs associated with licensed dumpsites. Unfortunately, law enforcement has no ability to stop this. SB 1359 will provide much-needed support to the High Desert and increase penalties against bad actors who continue to pollute our environment and our communities.

1. The Problem of Illegal Dumping

Illegal dumping is the unauthorized disposal of solid waste matter – commonly mattresses, tires, appliances, and construction debris – on public or private property. Often done out of convenience or for economic gain, illegal dumping generates significant social, environmental, and economic costs statewide. Illegal dumping issues are primarily the responsibility of local governments, which spend tens of millions of dollars each year to remove illegally disposed materials; private property owners also incur significant costs for the removal of illegally dumped waste. In recent years, several more urban areas have experienced an increase in illegal dumping activity: in Los Angeles, there was a 450% rise in requests between 2016 and 2020 to remove debris, and L.A. Sanitation and Environment workers picked up nearly 16,000 tons of illegally dumped waste in 2019 compared with 8,900 tons in 2015.^[1] During the COVID-19 pandemic, Oakland was plagued by unprecedented illegal dumping, with the total number of illegal dumping service requests in 2020-2021 more than tripling since 2011-2012, though those numbers have moderated somewhat in the past couple years.^[2]

However, urban areas are not the only ones grappling with illegal dumping issues:

Rural land and roadsides have become dumping grounds. Old mattresses, sofas, appliances, tires and household garbage are routinely dumped along the sides of rural roadways, causing an unsightly mess and bringing added cost for the farmer or the county, who must pay to have the mess cleared or taken to the dump. Louie Bandoni, who farms almonds in Merced County, said the issue of illegal dumping in rural areas has been going on forever—and that some farmers have trash dumped on their properties as often as every week.^[3]

Though the story above was published almost 5 years ago, the Author argues that illegal dumping still plagues rural communities, and has submitted several photos to committee staff depicting dumping activities, presumably illegal, which are “common sights throughout the High Desert communities in the Senator’s district.”

Responses to illegal dumping vary greatly statewide in terms of legal approach and which government agencies are involved.  Local code enforcement plays a lead role in some communities, while public works departments have primary responsibility in others, and while local and state law enforcement agencies will cite people caught illegal dumping, those agencies are usually not responsible for coordinating cleanup efforts. At a statewide level, CalRecycle is responsible for investigation, cleanup, and enforcement of illegal solid waste disposal sites and shares this responsibility with local enforcement agencies.^[4]

1. Effect of This Bill and Policy Implications

Under existing law, it is a crime to dump waste matter upon a public or private road, on private property accessible to the public by easement, on private property without the consent of the owner, or in a public park or other public property other than property designated for the purpose of dumping. Existing law also explicitly prohibits dumping rocks, concrete, asphalt and dirt on those types of property. Illegal dumping is punishable as an infraction, with increasing fines for a second, third and subsequent offense, and current law states that each day waste is placed, deposited, or dumped in violation of the provisions above constitutes a separate violation.^[5] Existing law imposes a misdemeanor and higher fines for the illegal dumping of “commercial quantities” of waste matter.^[6]

Illegal Dumping on Private Property

Local government tends to view illegal dumping as a litter/nuisance abatement issue rather than a solid waste issue. Existing law makes clear that prohibitions on illegal dumping do not restrict a private owner in the use of their own personal property unless the dumping of waste matter on the property creates a public health and safety hazard, 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.^[7] This bill expands the authority to declare a public nuisance, or a health and safety or fire hazard for the purpose of curbing dumping on private property to any other state or local agency with jurisdiction over the property, such as a department of public works or other code enforcement agency.

As referenced above, existing law prohibits dumping on private property without the consent of the owner, but as the Author points out in Comment 1, “a loophole exists as the statute does not address situations in which landowners do provide consent for dumping [which] also exempts them from permitting requirements. Accordingly, this bill prohibits the dumping of waste matter (including rocks, concrete, asphalt or dirt) on private property with the consent of the owner or an agent of the owner as well as the receipt of waste matter by a property owner or an agent of the owner if a permit or license required by a state or local agency was not obtained.

Transport for the Purpose of Dumping

Under existing illegal dumping statutes, the conduct proscribed includes dumping, placing or depositing waste matter, or causing waste matter to be placed, deposited or dumped in or on specified types of property. This bill additionally makes it a crime to transport waste for the purpose of dumping with regard to those specified types of property, and adds transport for the purpose of dumping to the conduct proscribed when the waste is to be dumped on private property with the consent of the owner, per the provisions of this bill described above.

The criminalization of “transport for the purpose of dumping” raises several policy questions and possible due process concerns. First, what specific criminal conduct is being prohibited here? That is, is true crux of the crime of illegal dumping the movement of the waste material or the final destination and placement of the material? What constitutes reasonable suspicion or probable cause that someone is transporting something for the purpose of dumping it illegally? Couldn’t any motorist driving with items of any kind in their car be a possible suspect? How does a prosecutor prove the crime of transport for the purpose of dumping? By prohibiting the mere transport of waste material for the purpose of dumping illegally, the bill runs the risk of ensnaring a vast number of innocent motorists in the net of criminal suspicion and establishing remarkably broad grounds for law enforcement to conduct traffic stops (which may be pretextual in nature) and make arrests with little evidence beyond a person driving a vehicle with items in it. The Author and Committee may wish to consider adding specificity (or additional elements) to the crime of transport for the purpose of dumping, or simply removing it from the bill altogether.

New Misdemeanors and Repeated Violations

As indicated above, existing law makes the penalty for illegal dumping an infraction, with each day that the waste placed, deposited, or dumped remains in the prohibited location constituting a separate violation, and punishable by a mandatory fine that increases for each new offense. Currently, the only illegal dumping conduct that is punished as a misdemeanor is dumping waste matter in “commercial quantities,” a conviction for which is punishable by imprisonment in county jail for not more than 6 months and a prescribed fine.^[8]

This bill provides that existing non-commercial illegal dumping crimes currently punishable as infractions, as well as the new illegal dumping crimes the bill establishes in relation to private property, shall be punishable as misdemeanors, and subject to an increased fine schedule (see section below), yet no jail time. As a result of imposing a misdemeanor penalty, this legislation would permit persons accused of dumping non-commercial amounts on private property to apply for the aid of a public defender and to demand a jury trial in Superior Court. However, it is unusual to have a misdemeanor with no jail time.

With this increased misdemeanor penalty, the Author and Committee may wish to consider amending the provision of existing law making each day that the waste remains in the prohibited location a separate offense. Rendering an individual liable for a new misdemeanor every 24 hours, especially when those subsequent misdemeanors accrue without any affirmative conduct beyond the original dumping, may be overly punitive.

Fee Increases and Penalty Assessments

Under existing law, the fines for the first and subsequent infraction offenses fall within a range and may be set at the court’s discretion. Because each day the item is dumped constitutes a separate violation, these fines can be assessed daily. The current fine schedule is as follows:

• First offense