Environment
Illegal dumping
AB 2310 expands illegal-dumping crimes to cover transporting waste or construction debris for illegal disposal and raises penalties for large-scale dumping.
The law targets illegal dumping before material is discarded, increases consequences for repeat and high-volume violations, and requires cleanup or repayment of cleanup costs in specified cases.
What the law does
- Makes it illegal to transport waste, rocks, concrete, asphalt, dirt, or construction debris intending to illegally dump it.
- Raises the maximum fine for a fourth or later standard violation to $5,000, doubled when used tires are involved.
- Makes commercial dumping over 25 cubic yards punishable by up to one year in county jail and a mandatory $25,000 fine; dumping over 50 cubic yards may be charged as a felony with a mandatory $50,000 fine.
- Bars owners and permitted users from dumping or transporting material on their own property when required permits are missing or the activity creates a health, nuisance, or fire hazard.
- Requires courts to order cleanup or payment of cleanup costs for commercial-quantity violations and certain unlawful dumping on an owner's property.
- Requires licensing entities under the Department of Consumer Affairs to publicly post relevant licensee convictions after court notification.
- Protects employees without ownership, management, or decision-making authority from charges for commercial quantities over 25 cubic yards when acting at an employer's direction.
- Clarifies that visible construction material in a vehicle alone does not justify a stop, detention, or arrest.
Who it affects
- Haulers, contractors, businesses, and others transporting waste or construction debris.
- Property owners and people acting with their permission.
- Licensed businesses whose work is substantially related to an illegal-dumping conviction.
- Employees directed by their employers to dump materials, subject to the law's limited protection.