Illegal dumping.

Plain English Breakdown

The bill summary does not provide specific penalties for smaller commercial quantities of dumped materials.

Illegal Dumping Rules

AB-2310 makes it illegal to transport waste materials, including construction debris, with the intent of dumping them in certain places and sets penalties for repeat offenders and large-scale dumping.

What This Bill Does

• Makes it a crime to transport waste matter, rocks, concrete, asphalt, dirt, or other construction debris for the purpose of placing, depositing, or dumping it in specified locations.
• Increases penalties for people who dump these materials four or more times by making it a misdemeanor offense.
• Sets stricter punishments for dumping in commercial quantities: over 25 cubic yards is a misdemeanor and over 50 cubic yards can be either a misdemeanor or a felony.
• Clarifies that driving with construction debris does not automatically give police reason to stop the vehicle unless there's evidence of illegal activity.
• Prohibits private property owners from placing, depositing, dumping, or transporting waste materials without proper permits if it creates public hazards.

Who It Names or Affects

• People who illegally dump waste and construction debris
• Local health and fire departments that determine if dumped materials create public safety risks

Terms To Know

Commercial quantities

Large amounts of waste or construction debris, typically over a certain volume like cubic yards.

Misdemeanor

A crime that is less serious than a felony but more serious than an infraction, often punishable by fines and jail time.

Limits and Unknowns

• The bill does not specify the exact penalties for smaller commercial quantities of dumped materials.
• It remains unclear how this legislation will be enforced in practice.

Official Summary Text

AB 2310, as amended, Carrillo.
Illegal dumping.
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 violating these provisions is guilty of an infraction, as specified. Existing law makes a violation of these provisions in commercial quantities, as defined, a misdemeanor punishable by imprisonment in a county jail and by a fine, as specified. Under existing law, a private owner is not restricted 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 or fire department or the Department of Forestry and Fire Protection.
This bill would make it a crime to transport waste matter, rocks, concrete, asphalt, dirt, or other construction debris for the purpose of placing, depositing, or dumping it in the locations described above. The bill would make a person violating these provisions 4 or more times guilty of a misdemeanor, as specified. The bill would also make it unlawful to transport for the purpose of placing, depositing, or dumping waste matter, rocks, concrete, asphalt, dirt or other construction debris in commercial quantities, as defined, in the locations described above.
The bill would specify that
the fact that a person is operating a vehicle with actual or apparent rocks, concrete, asphalt,
dirt, or other construction debris in their vehicle does not in itself constitute reasonable suspicion to stop or detain the person, or probable cause to arrest the person.
For a person who violates these provisions in commercial quantities in excess of 25 cubic yards, the bill would make that violation a misdemeanor punishable in a county jail for not more than one year and by a fine, as specified. For commercial quantities in excess of 50 cubic yards, the bill would make a violation punishable as a misdemeanor or a felony, as specified. By expanding the application of a crime and creating new crimes, this bill would impose a state-mandated local program. The bill would specify that a private owner or a person with the owner’s permission is prohibited from placing, depositing, dumping, or transporting waste matter, rocks concrete, asphalt, dirt, or construction debris on their property if the activity requires a permit or license from a state or local agency and one was not
obtained, or creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by specified entities.
The bill would prohibit a person from being charged with dumping commercial quantities under these provisions if it was completed during the course of the person’s employment and at the direction of their employer, as specified.
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.

Current Bill Text

Download Bill PDF