Home California Bill Introduced to Tackle Illegal Dumping on Private Property

Bill Introduced to Tackle Illegal Dumping on Private Property

by ECT

This week, Assemblyman Devon Mathis (R-Visalia) reintroduced a bill that aims to tackle illegal dumping on private property.

AB-215 would make dumping waste matter on private property, including on any private road or highways, without the consent of the owner punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd conviction. The bill would make 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.

“I am very excited to reintroduce this critically important measure to protect our private lands,” said Assemblyman Devon J. Mathis.  “Existing law simply does not do enough to discourage folks from making their trash other people’s problems.”

According to Justin Boman, Legislative Director for the Assemblyman, the original bill was proposed in 2015 under AB-144 which was created with conversations with Sheriff Mike Boudreaux to address illegal dumping.

“My bill, AB 215, will give law enforcement officers the tools they need to help to put a stop to illegal dumping and ensure healthier communities and the environment,” said Mathis.

The bill had passed out of the Assembly in a 78-0 vote and out of the Senate in a 40-0 vote, however, Governor Brown had vetoed the bill.

Boman explained the Governor’s veto message essentially stated that he did not desire to “criminalize conduct that is already proscribed.”  Governor Brown then went on to state that “I think we should pause and reflect on how our system of criminal justice could be made more human, more just and more cost-effective.”

He further highlighted Assemblyman Mathis  office saw this as a massive oversight on behalf of the Governor, especially as he sought to champion environmental protectionism.  Given the widespread problem of illegal dumping, and the materials which are often dumped, it seemed illogical to veto a measure that sought to deter littering and the environmental damages that follow.  As such, now that the state is under the leadership of a new Governor, the time was right to reintroduce this measure.  We anticipate a receptive legislative body, and are very hopeful that this bill will rapidly move through the process.

Locally, in Contra Costa County, illegal dumping which costs the county over $1 million a year. During the 2017/2018 fiscal year, the City of Brentwood spent approximately $25,000 on graffiti abatement, and another $30,000 on illegal dumping. In Antioch, a single cleanup from a homeless encampment and illegal dumping at E 6th Street costs the City roughly $30,000.

Under the current state law, it prohibits dumping waste matter in or upon a public or private highway or road, in or upon private property into or upon which the public is admitted by easement or license, upon private property without the consent of the owner, or in or upon a public park or other public property. A violation of these provisions is an infraction punishable by a fine between $250 and $1,000 for a first conviction, between $500 and $1,500 for a 2nd conviction, and between $750 and $3,000 for a 3rd or subsequent conviction.


Below is a video of Lt. Paul O’Mary out of Bay Point talking about illegal dumping during a forum on illegal dumping hosted by Supervisor Diane Burgis in April 2018.

 

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5 comments

Melanie Jan 18, 2019 - 10:43 am

They’ll never pay the fine and they’re rarely caught.

Salamander Jan 18, 2019 - 2:19 pm

Most of these dumpings are done in the dead-of-night. Who will sit up all night hiding in the bushes waiting for some idiot to drive over and unload his crap? Even installing a security camera might be futile. Unless you hire security guards to peruse your property at night, this law will not work.

Mark Kiernan Jan 18, 2019 - 10:16 pm

They ought to impound their vehicle for 30 days, that’l teach em.

Confused Jan 18, 2019 - 3:26 pm

Did they even read the Penal Code first? This just seems like another redundant California Law, that will go largely unenforced anyway. Penal Code 374.3(h)(1) already exists and carries a punishment of up to 6 months in jail for the first offense. Why would you pass a new law, where you have to catch people 4 times before they go to jail for 30 days, for a crime that is inherently difficult to catch people for- when a tougher law already exists. 374.3(h)(1) states the amount dumped must either be a cubic yard or from commercial activity. A full size pickup truck bed holds 2.5 cubic yards, so most of the amounts we see dumped are well in excess of the 1 cubic yard minimum and often obviously from commercial activity anyway, based on their contents. Don’t agree with a lot that Jerry Brown does, but I’m guessing that’s why he vetoed it the first time and pointed out that it’s already illegal.

Mark Kiernan Jan 18, 2019 - 6:21 pm

They should take it further and seize the vehicle used in dumping for a 30 day impound. Fly by night contractors, trash haulers and others who are trying to avoid paying dump fees should have to pay a price for illegal dumping, taking their vehicle for 30 days is a fool proof method for making sure they feel the penalty for their despicable actions.

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