The County's "Illegal Dumping Think Tank," which includes staff of the Department of Conservation and Development (Deidra Dingman, Conservation Programs Manager and John Kopchik, Director) and law enforcement/ prosecution experts recommend that the Legislation Committee consider recommending to the Board of Supervisors a position of "Support" on three bills related to illegal dumping: AB 215 (Mathis), SB 409 (Wilk), and AB 1216 (Bauer-Kahan).
AB 1216
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Author: |
Rebecca Bauer-Kahan (D-016) |
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Title: |
Solid Waste: Illegal Dumping |
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Fiscal Committee: |
yes |
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Introduced: |
02/21/2019 |
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Last Amend: |
03/26/2019 |
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Disposition: |
Pending |
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Location: |
Assembly Appropriations Committee |
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Summary: |
Authorizes the counties of Alameda and Contra Costa to establish a pilot program to employ 2 law enforcement officers, one from each county, solely for the purpose of enforcing dumping laws in those counties. |
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Status: |
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05/01/2019 |
In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. |
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This bill, the text of which is included in Attachment A, is accompanied by a state budget request from Assembly Member Bauer-Kahan, which has been "held open" until after the May Revise is considered. This request was considered by the Assembly Budget Subcommittee No. 5: "Assemblymember Rebecca Bauer-Kahan requests $750,000 to establish the one year Alameda and Contra Costa Illegal Dumping Pilot Project which would employ two full-time law enforcement officers, one from each county, for the purpose of enforcing dumping laws in those counties."
AB 1216 is supported by the Alameda County Board of Supervisors. (See Attachment B.) The bill is also supported by the Alameda County District Attorney. (Attachment C) Although staff does not have a copy, we were informed that the Contra Costa District Attorney Diana Becton has also indicated her support for the bill.
SB 409
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Author: |
Scott Wilk (R-021) |
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Coauthor |
Portantino (D), Nielsen (R), Lackey (R) |
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Title: |
Illegal Dumping |
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Fiscal Committee: |
yes |
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Introduced: |
02/20/2019 |
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Last Amend: |
04/09/2019 |
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Disposition: |
Pending |
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Location: |
ASSEMBLY |
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Summary: |
Makes it a crime to transport waste matter, rocks, concrete, asphalt or dirt for the purpose of dumping it in public or private highways or roads, upon private property without the consent of the owner, or in or upon a public park or other public property. |
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Status: |
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05/02/2019 |
In SENATE. Read third time. Passed SENATE. *****To ASSEMBLY. (38-0) |
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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.
The text of SB 409 is available here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200SB409
From the bill analysis:
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.
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
AB 215 The text of AB 215 is available here: http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201920200AB215
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Author: |
Devon J. Mathis (R-026) |
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Coauthor |
Nielsen (R), Eggman (D), Gallagher (R), Quirk (D) |
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Title: |
Dumping |
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Fiscal Committee: |
yes |
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Introduced: |
01/15/2019 |
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Last Amend: |
02/28/2019 |
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Disposition: |
Pending |
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Location: |
Assembly Appropriations Committee |
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Summary: |
Makes dumping waste matter on private property, including on any private road or highway, without consent of the owner, punishable with specified fines. Requires the fine to be doubled for a fourth or subsequent violation if the prosecuting attorney pleads and proves, or, in an infraction case, if the court finds, that the waste placed, deposited, or dumped includes used tires. |
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Status: |
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03/20/2019 |
In ASSEMBLY Committee on APPROPRIATIONS: To Suspense File. |
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This bill punishes dumping waste matter on private property, including on any private road or highway, without the consent of the owner with a fine of between $250 and $1,000 for a first conviction, $500 and $1,500 for a second conviction, $750 and $3,000 for a 3rd conviction and makes a 4th or subsequent conviction a misdemeanor punishable by imprisonment in a county jail for not more than 30 days and by a fine of not less than $750 nor more than $3,000. Requires a fine to be doubled for the 4th or subsequent violation if the prosecuting attorney pleads and proves, or, in an infraction case, if the court finds, the waste placed, deposited or dumped includes used tires.
The Assembly Appropriations Committee analysis includes the following:
COMMENTS:
1) Purpose. AB 215 seeks to preserve the environment from illegal dumping. According to the author, "This bill will protect our public and private lands and ensure the health of our environment and people. AB 215 is the next step in preserving our state's environment and supporting our agricultural businesses."
2) Background. Under existing law, a violation of Penal Code section 374.3 is an infraction punishable by a base fine of $750 to $3000 for a third or subsequent conviction. Only dumping in commercial amounts (more than a cubic yard) is punished as a misdemeanor. By creating a misdemeanor for dumping non-commercial amounts of waste, there is an increased likelihood of cost pressures on the trial courts. Total hearing costs for an eight-hour day in superior court, including the cost of one judge and one clerk, are $6,331. This does not include possible local cost pressures for public defender or probation services related to the prosecution of a misdemeanor.
3) Support. California Farm Bureau Federation states:
The dumping of illegal waste within [rural] communities, and specifically on private land, is not a rarity--mattresses, used tires, household items, hazardous waste and construction debris are often left or drift onto private lands. In response, counties and individual landholders invest significant funds to remediate. A 2006 survey conducted jointly by the California State Association of Counties, the California Integrated Waste Management Board and the League of California Cities found that 33 counties spent a combined $17,425,824 annually to combat illegal dumping. Beyond financing the clean-up, illegal dumping threatens the ability for farmers and ranchers to maintain appropriate food safety and by extension, public health. Contaminated fields essentially mean crop loss, and for organic growers, contamination may lead to lost certification that achieves over three years and thousands of dollars to obtain. The drift of waste, such as used tires in waterways within or adjacent to agricultural operation, has even broader, long-term consequences.
While some counties have taken proactive steps to address the issue by free cleanup, waste disposal amnesty days, or vigorous public education campaigns. Often, however, the existing suite of enforcement tools are not strong enough to truly address the growing problem.
REGISTERED SUPPORT / OPPOSITION:
Support
California Farm Bureau Federation
Tulare County Board of Supervisors
Opposition
None
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