Illegal Disposal Emergency Regulations

The California Department of Resources Recycling and Recovery (CalRecycle) is implementing emergency regulations to enforce prohibitions against the illegal disposal of solid waste, particularly organic and construction and demolition waste, in accordance with the California Integrated Solid Waste Management Act of 1989 and Public Resources Code sections 40502, 43020, 43021, and 44000.5. These regulations extend enforcement authority beyond permitted disposal facilities to include all persons who dispose, transport, or arrange for the disposal of solid waste, closing a critical regulatory gap by enabling CalRecycle and local enforcement agencies to issue cease and desist orders to violators. The emergency action includes mandatory requirements for waste generators and transporters to conduct sampling, record waste quantities, and document end destinations, particularly for materials destined for land application such as compostable materials and digestate, which will now be subject to formal permitting tiers. The regulations are being readopted under emergency procedures to prevent a lapse in enforcement authority and maintain regulatory consistency for a 90-day period while permanent rules are developed. The regulatory framework is exempt from full environmental review under California Environmental Quality Act (CEQA) Classes 8 and 21, citing existing facilities and compliance with enforcement orders as justification. Enforcement activities will be statewide, with noted emphasis on regions experiencing high levels of illegal dumping, including Los Angeles, San Bernardino, and Kern Counties. Inspection and compliance are tied to destination facilities and documentation trails, with the government holding primary responsibility for oversight and enforcement, while waste handlers are accountable for compliance with recordkeeping and reporting obligations. No contract pricing, payment details, procurement terms, or contractor-specific requirements are applicable, as this initiative is a regulatory rulemaking action rather than a competitive procurement. The regulations are administered by CalRecycle’s Regulations Unit, with Craig Castleton serving as the lead agency contact, and public notifications and submissions are handled through the regulatory process managed via the Office of Planning and Research in Sacramento.