Illegal dumping.

Plain English Breakdown

The official source material does not provide specific details about penalties and enforcement procedures, leaving these aspects open for interpretation.

Illegal Dumping

AB-2310 makes it illegal to transport waste and construction materials with the intent of dumping them in certain places, increases penalties for repeat offenders, and sets stricter rules for commercial dumping.

What This Bill Does

• Makes it a crime to move waste or construction materials like rocks, concrete, asphalt, dirt, or other debris with the intention of dumping them on public roads, private property without permission, or in public parks.
• Increases penalties for people who dump these items four or more times by making it a misdemeanor offense.
• Sets stricter rules for commercial dumping: if someone dumps over 25 cubic yards of waste, they can be charged with a misdemeanor; over 50 cubic yards could lead to felony charges.
• Clarifies that just having construction materials in your vehicle does not give police reason to stop or arrest you unless there is more evidence of illegal activity.
• Prohibits private property owners from placing, depositing, dumping, or transporting waste without proper permits or if it creates a public health hazard.

Who It Names or Affects

• People who dump waste and construction materials illegally.
• Local law enforcement agencies responsible for enforcing these rules.
• Private property owners who might be affected by new restrictions on using their own land.

Terms To Know

Commercial quantities

A large amount of waste or construction materials that businesses typically handle, usually over a certain volume like cubic yards.

Misdemeanor

A crime 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 what happens if someone dumps waste during their job as instructed by their employer.
• It is unclear how this will affect local agencies' budgets since no reimbursement for mandated costs is required.
• Details about the exact penalties and enforcement procedures are left to be determined.

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