Existing law prohibits the dumping of waste matter upon a road or highway or in other locations, as specified. A violation of this prohibition, generally, is an infraction punishable by specified fines that escalate for subsequent convictions. Under existing law, the court may, as a condition of probation, order the convicted person to remove, or pay for the removal of, the waste matter.
Under existing law, the dumping of commercial quantities of waste, as defined, is punishable as a misdemeanor and also includes escalating fines.
This bill would increase the maximum fine for the dumping of commercial quantities of waste by a business that employs more than 10 employees from $3,000 to $5,000 for the first conviction, from $6,000 to $10,000 for the second conviction, and from $10,000 to $20,000 for the third and any subsequent convictions. The bill would require a court, when imposing a fine, to consider the defendant's ability to pay, as specified.
This bill would also require, instead of authorize, the court to order a person convicted of dumping commercial quantities of waste to remove, or pay for the removal of, the waste matter that was illegally dumped. The bill would require the court to notify the issuing entity of certain professional or business licenses or permits held by the convicted person, that are related to the illegal dumping activity for which the person has been convicted, if applicable, and would require those entities to post information regarding these convictions on their internet website, as specified.
The bill would retain the authorization for the court to order the defendant to pay for cleanup or perform specified community service, but would remove the requirement that it be ordered as a condition of probation.

Statutes affected:
AB2374: 374.3 PEN
02/16/22 - Introduced: 374.3 PEN
04/07/22 - Amended Assembly: 374.3 PEN
08/19/22 - Enrolled: 374.3 PEN
09/29/22 - Chaptered: 374.3 PEN
AB 2374: 374.3 PEN