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SB-409 Illegal dumping.(2019-2020)

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Date Published: 04/09/2019 09:00 PM
SB409:v98#DOCUMENT

Amended  IN  Senate  April 09, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 409


Introduced by Senator Wilk
(Coauthors: Senators Nielsen and Portantino)
(Coauthor: Assembly Member Lackey)

February 20, 2019


An act to amend Section 374.3 of the Penal Code, relating to illegal dumping.


LEGISLATIVE COUNSEL'S DIGEST


SB 409, as amended, Wilk. Illegal dumping.
(1) 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 who violates these provisions is guilty of an infraction punishable by specified fines. Existing law also makes it a misdemeanor to place, deposit, or dump waste matter in commercial quantities, as defined, in certain locations.
This bill would make it a crime to transport waste matter, rocks, concrete, asphalt, or dirt for the purpose of dumping it in the locations described above. The bill would make it a crime to dump or deposit waste matter, rocks, concrete, asphalt, or dirt on private property with the consent of the owner or an agent of the owner if a permit or license was required by a state or local agency and was not obtained. The bill would make it a crime for a property owner or agent to receive waste matter, rocks, concrete, asphalt, or dirt if a permit or license is required from a state or a local agency and was not obtained prior to receiving the waste matter, rocks, concrete, asphalt, or dirt. The bill would increase the fines for violating these provisions and would make these violations misdemeanors. prohibitions. The bill would also make it unlawful to transport waste matter in commercial quantities for the purpose of dumping it in the locations described above. Because this bill would expand the scope of a crime and increase the punishment of a crime from an infraction to a misdemeanor, crime, it would impose a state-mandated local program.
(2) 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.

 Section 374.3 of the Penal Code is amended to read:

374.3.
 (a) It is unlawful to dump, cause to be dumped, or transport for the purpose of dumping, 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 an agent 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. 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 a permit or license is required by a state or local agency and was not obtained. 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.
(b) 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 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 an agent 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. 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 an agent of the owner if a permit or license is required by a state or local agency and was not obtained. 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.
(c) A person violating this section is guilty of a misdemeanor. an infraction. Each day that waste placed, deposited, or dumped, or transported 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 the owner’s own private property, unless the placing, depositing, or dumping of the waste matter on the property required a permit or license from a state or local agency and one was not obtained, or the placing, depositing, or dumping 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, the Department of Forestry and Fire Protection, or the state or local agency with jurisdiction over the property, 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 five hundred dollars ($500) nor more than one thousand dollars ($1,000) upon a first conviction, by a mandatory fine of not less than one thousand dollars ($1,000) nor more than two thousand five hundred dollars ($2,500) upon a second conviction, and by a mandatory fine of not less than two thousand five hundred dollars ($2,500) nor more than four thousand dollars ($4,000) 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 that the convicted person dumped, caused to be dumped, or transported for the purpose of dumping upon public or private property.
(g) Except when the court requires the convicted person to remove waste matter that the person is responsible for dumping, causing to be dumped, or transporting for the purpose of 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, or transports for the purpose of dumping, 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. 2.

 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.