Yes. Penal Code section 374.3 makes it unlawful to dump waste matter, such as household trash, old furniture, or construction debris, on a road, on private property without the owner’s consent, or on public property not set aside for that purpose. A violation is an infraction unless the waste is in commercial quantities, which makes it a misdemeanor. Infractions still count as crimes under Penal Code section 16.

What counts as illegal dumping

Section 374.3(a) applies to anyone who dumps waste matter or causes it to be dumped, and it also covers a road’s right-of-way and private property the public may enter by easement or license. Section 374.3(b) separately covers placing rocks, concrete, asphalt, or dirt on a private road or private property without the consent of the owner or a contractor hired by the owner for those materials, or on public property without the consent of the agency with jurisdiction.

Section 374.3 does not define “waste matter,” but Penal Code section 374 does: any “discarded, used, or leftover substance,” including “garbage, trash, refuse, paper, container, packaging or construction material.” Littering is a separate infraction under Penal Code section 374.4, which defines litter by reference to “small quantities of waste matter ordinarily carried on or about the person,” such as wrappers or beverage containers, and has no misdemeanor tier.

Dumping on your own property

Section 374.3 does not restrict owners’ use of their own private property unless the dumping creates a public health and safety hazard, a public nuisance, or a fire hazard, as determined by a local health department, a local fire department or fire protection district, or the Department of Forestry and Fire Protection.

Fines and cleanup orders

Each day dumped waste remains in place is a separate violation. For an infraction, the mandatory fine is $250 to $1,000 on a first conviction, $500 to $1,500 on a second, and $750 to $3,000 on a third or later, doubled if the court finds the waste was used tires. The court may also order the person to remove the waste or pay for its removal, and to pick up waste matter within the court’s jurisdiction for at least 12 hours. Before setting any fine under section 374.3, the court must consider ability to pay, including present finances, finances reasonably discernible within a year of the hearing, and the likelihood of finding work within that year.

When dumping becomes a misdemeanor

A violation involving waste matter in commercial quantities is a misdemeanor under section 374.3(h), punishable by up to six months in county jail and a mandatory fine of $1,000 to $3,000 on a first conviction, $3,000 to $6,000 on a second, and $6,000 to $10,000 on a third or later. If the person convicted owns or operates the business involved and it employs more than 10 full-time employees, the maximums rise to $5,000, $10,000, and $20,000. The court must order the person to remove the waste or pay for its removal. If the person holds a license or permit for a business substantially related to the dumping, the court must notify the licensing entity under the Department of Consumer Affairs, if any, which must post the offense on the holder’s public profile.

“Commercial quantities” means waste generated in the course of a trade, business, profession, or occupation, or “an amount equal to or in excess of one cubic yard” (27 cubic feet). The misdemeanor tier “does not apply to the dumping of household waste at a person’s own residence.”

Other statutes can also apply. Dumping waste into a river, creek, lake, or other body of water, or onto a bank, beach, or shore within 150 feet of the high water mark, is a misdemeanor under Penal Code section 374.7. Knowingly causing a hazardous substance to be deposited on a road, on another person’s land without permission, or into state waters is punishable by up to three years in custody under Penal Code section 374.8, unless the deposit resulted from an emergency the person promptly reported.

Vehicle Code charges for highway dumping

Vehicle Code section 23112 bars throwing or depositing items such as bottles, cans, garbage, glass, nails, or paper on any highway, and bars the registered owner, or the driver when the owner is not in the vehicle, from aiding or abetting it. It also bars dumping rocks, refuse, garbage, or dirt on a highway or its right-of-way without the consent of the agency with jurisdiction. A violation is an infraction with a mandatory fine of $100 to $1,000 on a first conviction, $500 to $1,000 on a second, and $750 to $1,000 on a third or later, and the court must also order at least 8, 16, or 24 hours of litter pickup or graffiti cleanup, respectively (Vehicle Code section 42001.7). Unlike 374.3, it has no misdemeanor tier.

What to check before your court date

  • Where the waste was left, and whether the owner or agency in charge consented or had set the spot aside for it.
  • Whether the waste was business-generated, at least one cubic yard, or household waste at your own residence.
  • How many days the waste allegedly remained.
  • Which section is charged, for example 374.3, 374.4, 374.7, or Vehicle Code 23112.
  • For your own property, whether one of the listed agencies actually made a hazard or nuisance determination.

Consent, quantity, and which section was charged are worth discussing with the Law Offices of David S. Chesley before your court date: (800) 755-5174.