Local Enforcement Agency (LEA) Central

Illegal Dumping

Illegal dumping and littering are a major problem with significant social, environmental, and economic impacts for many jurisdictions in California. The amount of resources local jurisdictions spend annually on abating illegally dumped materials is estimated in the hundreds of millions of dollars, and private property owners also incur costs in cleaning up litter and waste materials deposited on their property.

Illegal dumping is usually not handled as a solid waste issue, but more often as a nuisance/litter abatement effort. The nature, depth and effectiveness of local responses is highly variable. In some cases, local code enforcement has taken a major role, in other cases public works departments have taken a lead, and in other instances there has been little response. Local enforcement agencies (LEA) have typically focused more on permitting, inspection, and enforcement of regulated facilities and on remediation and enforcement of known illegal disposal sites, but not on investigative activities related to illegal dumping.

Public Resources Code charges the California Integrated Waste Management Board (CIWMB) with the responsibility and authority to investigate, remediate and enforce illegal solid waste disposal sites. The Penal Code (Sections 370-374) defines both littering and illegal dumping and defines violations as being punishable by an infraction or misdemeanor, but does not charge a specific state or local agency with the responsibility of a comprehensive program. Local and state agencies with police power can and will cite persons caught illegally dumping, but are not responsible for the remediation of the problem. No state agency is charged with the responsibility to deliver programs in litter and illegal dumping that include enforcement, remediation, coordination, education and evaluation. The CIWMB Solid Waste Disposal and Codisposal Site Cleanup Program (PRC Section 48020) is authorized to remediate threats to public health and safety or the environment at sites where the responsible parties either cannot be identified or are unable or unwilling to pay for timely remediation. The CIWMB Farm and Ranch Solid Waste Cleanup and Abatement Grant Program (PRC Section 48100) provides grants for cleaning up and abating the effects of illegally disposed solid waste on farm and ranch property.

Illegal Dumping Enforcement Task Force

The CIWMB has established a high-level state and local illegal dumping enforcement task force, the purpose of which will be to assess the extent of the illegal dumping problem and develop recommendations to the CIWMB to enhance the effectiveness of local and state responses to the problem. The task force recommendations were presented to the Board in March 2007. The task force will reconvene in October 2007 to review the status of the staff recommendations and prepare for a December 2007 presentation on illegal dumping to the Board.

For additional information contact Ken Stuart.

Last updated: November 13, 2007