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AB-1992 Solid waste: dumping.(2005-2006)

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Assembly Bill No. 1992
CHAPTER 416

An act to amend Sections 117555 and 117560 of, to amend the heading of Article 6 (commencing with Section 117550) of Chapter 4 of Part 13 of Division 104 of, and to repeal and add Section 117550 of, the Health and Safety Code, and to amend Sections 374a, 374.3, 374.4, and 374.7 of the Penal Code, relating to solid waste.

[ Approved by Governor  September 22, 2006. Filed with Secretary of State  September 22, 2006. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1992, Canciamilla. Solid waste: dumping.
(1) Existing law provides that a person who places, deposits, or dumps, or who causes to be placed, deposited, or dumped, or who causes or allows to overflow, sewage, sludge, cesspool or septic tank effluent, or accumulation of human excreta, or garbage, in or upon specified public property, or upon private property into or upon which the public is admitted by easement, license, or otherwise, is guilty of a misdemeanor. Existing law provides that this prohibition does not apply to the placing, depositing, or dumping of garbage upon private property by the owner, or a person authorized by the owner, of the private property, except that such action is prohibited from creating a public health and safety hazard or a fire hazard, as determined by specified entities. Existing law defines “garbage” for these purposes. Existing law requires a state fish and game warden, city police officer, sheriff, sheriff’s deputy, and other peace officers of the state, to enforce these provisions.
This bill would repeal the definition of garbage and instead use the term “solid waste,” as the bill would define that term. The bill would provide that the placing, depositing, dumping, or overflow of solid waste and the other described substances on private property, without the owner’s consent, rather than, into or upon private property which the public is admitted by easement, license, or otherwise, is a misdemeanor. The bill would prohibit placing, depositing, or dumping of solid waste upon private property by the owner or a person authorized by the owner, of the private property, from creating a nuisance, as determined by specified entities. The bill would include in the list of entities that determine whether the placing, depositing, or dumping of solid waste is a public health and safety hazard, nuisance, or fire hazard, a local enforcement agency. If AB 1688 is enacted and becomes effective on or before January 1, 2007, the bill also would include in the list of persons who are required to enforce these provisions, a person regularly employed as an investigator or inspector for illegal dumping enforcement, as specified. Because the bill would change the definition of a crime, the bill would impose a state-mandated local program.
(2) Existing law provides that it is an infraction for a person to dump or cause to be dumped waste matter or other specified matter in or upon specified public or private property, or for a person to litter or cause to be littered in or upon public or private property, and imposes a range of specified fines for a first, 2nd, or 3rd or subsequent conviction for violating those provisions, as specified.
This bill would revise the conditions with regard to the dumping of materials upon a road or highway, and would increase some of those fines, as specified.
(3) Existing law imposes a range of specified fines for a first, 2nd, or 3rd or subsequent conviction for littering or dumping of waste matter into specified bodies of water or property adjacent to a body of water, as specified.
This bill would increase some of those fines, as specified.
(4) Existing law provides for a reward for information leading to the arrest and conviction of a person for unlawful dumping of waste on specified public or private property, or for the unlawful shooting of a firearm from or upon a public road or highway.
This bill would, in addition, reward a person for giving information leading to the arrest and conviction of a person for the malicious release of a substance capable of causing substantial harm to the operation of a public sewer sanitary facility or littering.
(5) 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 The heading of Article 6 (commencing with Section 117550) of Chapter 4 of Part 13 of Division 104 of the Health and Safety Code is amended to read:
Article  6. Prohibited Waste Disposal

SEC. 2.

 Section 117550 of the Health and Safety Code is repealed.

SEC. 3.

 Section 117550 is added to the Health and Safety Code, to read:

117550.
 For purposes of this article, “solid waste” has the same meaning as that term is defined in Section 40191 of the Public Resources Code.

SEC. 4.

 Section 117555 of the Health and Safety Code is amended to read:

117555.
 A person who places, deposits, or dumps, or who causes to be placed, deposited, or dumped, or who causes or allows to overflow, sewage, sludge, cesspool or septic tank effluent, accumulation of human excreta, or solid waste, in or upon a street, alley, public highway, or road in common use or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of the property, or upon private property without the owner’s consent, is guilty of a misdemeanor.
This section does not apply to the placing, depositing, or dumping of solid waste upon private property by the owner, or a person authorized by the owner, of the private property, except that the placing, depositing, or dumping of the solid waste shall not create a public health and safety hazard, nuisance, or a fire hazard, as determined by a local enforcement agency, as defined in Section 40130 of the Public Resources Code, local health department, local fire department or fire district, or the Department of Forestry and Fire Protection.

SEC. 5.

 Section 117560 of the Health and Safety Code is amended to read:

117560.
 A state fish and game warden, police officer of a city, sheriff, deputy of a sheriff, person described in subdivision (i) of Section 830.7 of the Penal Code, and any other peace officer of the State of California, within his or her respective jurisdiction, shall enforce this article.

SEC. 6.

 Section 374a of the Penal Code is amended to read:

374a.
 A person giving information leading to the arrest and conviction of a person for a violation of Section 374c, 374.2, 374.3, 374.4, or 374.7 is entitled to a reward for providing the information.
The amount of the reward for each arrest and conviction shall be 50 percent of the fine levied against and collected from the person who violated Section 374c, 374.2, 374.3, 374.4, or 374.7 and shall be paid by the court. If the reward is payable to two or more persons, it shall be divided equally. The amount of collected fine to be paid under this section shall be paid prior to any distribution of the fine that may be prescribed by any other section, including Section 1463.9, with respect to the same fine.

SEC. 7.

 Section 374.3 of the Penal Code is amended to read:

374.3.
 (a) It is unlawful to dump or cause to be dumped waste matter in or upon a public or private highway or road, including any portion of the right-of-way thereof, or in or upon private property into or upon which the public is admitted by easement or license, or upon private property without the consent of the owner, or in or upon a public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property.
(b) It is unlawful to place, deposit, or dump, or cause to be placed, deposited, or dumped, rocks, concrete, asphalt, or dirt in or upon a private highway or road, including any portion of the right-of-way of the private highway or road, or private property, without the consent of the owner or a contractor under contract with the owner for the materials, or in or upon a public park or other public property, without the consent of the state or local agency having jurisdiction over the highway, road, or property.
(c) A person violating this section is guilty of an infraction. Each day that waste placed, deposited, or dumped in violation of subdivision (a) or (b) remains is a separate violation.
(d) This section does not restrict a private owner in the use of his or her 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 department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies.
(e) A person convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction. If the court finds that the waste matter placed, deposited, or dumped was used tires, the fine prescribed in this subdivision shall be doubled.
(f) The court may require, in addition to any fine imposed upon a conviction, that, as a condition of probation and in addition to any other condition of probation, a person convicted under this section remove, or pay the cost of removing, any waste matter which the convicted person dumped or caused to be dumped upon public or private property.
(g) Except when the court requires the convicted person to remove waste matter which he or she is responsible for dumping as a condition of probation, the court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that a person convicted of a violation of this section pick up waste matter at a time and place within the jurisdiction of the court for not less than 12 hours.
(h) (1) A person who places, deposits, or dumps, or causes to be placed, deposited, or dumped, waste matter in violation of this section in commercial quantities shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than six months and by a fine. The fine is mandatory and shall amount to not less than one thousand dollars ($1,000) nor more than three thousand dollars ($3,000) upon a first conviction, not less than three thousand dollars ($3,000) nor more than six thousand dollars ($6,000) upon a second conviction, and not less than six thousand dollars ($6,000) nor more than ten thousand dollars ($10,000) upon a third or subsequent conviction.
(2) “Commercial quantities” means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard. This subdivision does not apply to the dumping of household waste at a person’s residence.
(i) For purposes of this section, “person” means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation.
(j) Except in unusual cases where the interests of justice would be best served by waiving or reducing a fine, the minimum fines provided by this section shall not be waived or reduced.

SEC. 8.

 Section 374.4 of the Penal Code is amended to read:

374.4.
 (a) It is unlawful to litter or cause to be littered in or upon public or private property. A person, firm, or corporation violating this section is guilty of an infraction.
(b) This section does not restrict a private owner in the use of his or her own property, unless the littering of 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 department, local fire department or district providing fire protection services, or the Department of Forestry and Fire Protection, in which case this section applies.
(c) As used in this section, “litter” means the discarding, dropping, or scattering of small quantities of waste matter ordinarily carried on or about the person, including, but not limited to, beverage containers and closures, packaging, wrappers, wastepaper, newspapers, and magazines, in a place other than a place or container for the proper disposal thereof, and including waste matter that escapes or is allowed to escape from a container, receptacle, or package.
(d) A person, firm, or corporation convicted of a violation of this section shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction.
(e) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of this section pick up litter at a time and place within the jurisdiction of the court for not less than eight hours.

SEC. 9.

 Section 374.7 of the Penal Code is amended to read:

374.7.
 (a) A person who litters or causes to be littered, or dumps or causes to be dumped, waste matter into a bay, lagoon, channel, river, creek, slough, canal, lake, or reservoir, or other stream or body of water, or upon a bank, beach, or shore within 150 feet of the high water mark of a stream or body of water, is guilty of a misdemeanor.
(b) A person convicted of a violation of subdivision (a) shall be punished by a mandatory fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than five hundred dollars ($500) nor more than one thousand five hundred dollars ($1,500) upon a second conviction, and by a mandatory fine of not less than seven hundred fifty dollars ($750) nor more than three thousand dollars ($3,000) upon a third or subsequent conviction.
(c) The court may, in addition to the fine imposed upon a conviction, require as a condition of probation, in addition to any other condition of probation, that any person convicted of a violation of subdivision (a), pick up litter at a time and place within the jurisdiction of the court for not less than eight hours.

SEC. 10.

 Section 5 of this bill shall become effective only if Assembly Bill No. 1688 of the 2005–06 Regular Session is enacted and becomes effective on or before January 1, 2007, and adds subdivision (i) to Section 830.7 of the Penal Code.

SEC. 11.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.