Overview
The Department of Resources Recycling and Recovery (CalRecycle) is proposing permanent regulations per Public Resources Code (PRC) section 44000.5 in response to Assembly Bill (AB) 2679 that would mandate CalRecycle to adopt and revise regulations which set forth minimum standards for solid waste handling, transfer, composting, transformation, and disposal.
These proposed regulations will make permanent the current illegal disposal emergency regulations to allow Enforcement Agencies (EAs) to continue to use the authority granted in PRC section 44000.5 to bring enforcement actions against any person who causes solid waste to be disposed of, arranges for solid waste to be disposed of, transports solid waste for the purpose of disposal, or accepts solid waste for the purpose of disposal, except for at a solid waste disposal facility for which a permit has been issued. Pre-emergency regulations only allow EAs to bring an enforcement action against facility operators or the owners of the property where the waste is disposed, not the other actors that facilitate its disposal.
Additionally, these proposed regulations will permanently establish regulation of the land application of organic waste, bringing the activity into the permitting tier structure, thereby further bolstering an EA’s ability to regulate the waste and protect the public and environment from harm from illegal disposal.
For more information on the existing emergency regulations that were approved by the Office of Administrative Law and became effective on August 14, 2025, please visit [Archives] Illegal Disposal Emergency Regulations.
Affected Regulatory Code Sections
CalRecycle is proposing permanent regulations to amend Title 14, California Code of Regulations (CCR), Division 7, Chapter 3, 3.1, 3.2, and 5, Sections 17402, 17414, 17414.2, 17852, 17854.1, 17869, 17896.45, 18302, 18303, 18304, and 18304.1.
CalRecycle is also proposing permanent regulations to adopt Title 14, CCR, Division 7, Chapter 3, 3.1, 3.2, and 5, Sections 17410.5, 17862.3, 17868.6, and 17896.62.
Current Status
The Illegal Disposal permanent regulations were submitted to the Office of Administrative Law (OAL) on July 8, 2025, and published in the California Regulatory Notice Register on July 18, 2025.
An Addendum to Notice, Notice of Extension of Comment Period, and Errata along with Corrected Regulation Text was distributed on July 25, 2025. It has been brought to the Department of Resources Recycling and Recovery (CalRecycle)’s attention that the originally published proposed regulation text contained errors that are not reflective of the changes CalRecycle seeks to make for this rulemaking. A description of how the regulation text was corrected is detailed in the Addendum along with a description of a titling error found in the Initial Statement of Reasons made available on July 18, 2025. The corrected regulation text accompanies the Addendum and is also published on CalRecycle’s website listed below. The titling error in the Initial Statement of Reasons will be acknowledged and fixed in the Final Statement of Reasons and Updated Informative Digest at the end of the rulemaking process.
The Addendum also specifies that the written comment period is extended and will now end on September 9, 2025. This is an extension of seven days from the original written comment period specified in the Notice of Proposed Action as published on July 18, 2025.
The hearing will still be held on September 2, 2025, as described in the Notice of Proposed Action published on July 18, 2025. Details of how to participate and submit comments at this hearing are included in the Interested Parties section below.
Current Documents
- Addendum to Notice of Proposed Action. The addendum to the Notice of Proposed Action.
- CORRECTED Notice of Proposed Action. The corrected notice of proposed adoption, amendment, or repeal of regulations.
- Corrected Proposed Regulation Text. The revised express language that shows any adoption, amendment, or deletion to the regulations.
- Proposed Regulation Text. The express language that shows any proposed adoption, amendment, or deletion to the regulations.
- Initial Statement of Reasons. An explanation of all proposed changes to the regulations.
- Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
- Attachment 1: Economic and Fiscal Impact Statement (STD 399)
- Attachment 2: STD 399 Appendix A
- Attachment 3: STD 399 Appendix B
- Attachment 4: STD 399 Appendix C
- Attachment 5: Transcript from CalRecycle’s October 2024 Monthly Public Meeting
- Attachment 6: Site Photographs from Tour of Antelope Valley
- Attachment 7: California – May 2023 State Occupational Employment and Wage Estimates, https://www.bls.gov/oes/current/oes_ca.htm#19-0000, accessed January 8, 2025
- Attachment 8: Visit Log, November 17-18, 2024 (Antelope Valley)
All rulemaking documents listed on this webpage are either available by submitting a PRA request online on the California Public Records Act Requests webpage, or by emailing regulations@calrecycle.ca.gov. These documents are also available for public inspection during normal business hours at CalRecycle, 1001 “I” Street, 24th Floor, Sacramento, CA 95814. To schedule a time to inspect these documents, please contact Claire Derksen at regulations@calrecycle.ca.gov.
Input from Interested Parties
The written comment period permits any interested person, or their authorized representative, to submit written comments addressing the proposed amendments to CalRecycle. Written comments, which offer a recommendation and/or objection, or support the proposed regulations, should indicate the section to which the comment or comments are directed. CalRecycle will only consider written comments sent to CalRecycle and received during the written comment period, which begins on July 18, 2025, and ends on September 9, 2025. Written comments received by CalRecycle after the close of the public comment period are considered untimely. CalRecycle may, but is not required to, respond to untimely comments, including those raising significant environmental issues. Comments submitted in writing must be addressed to one of the following:
Postal mail:
Claire Derksen
Illegal Disposal Permanent Regulations
Department of Resources Recycling and Recovery, Regulations Unit
1001 “I” St., MS-24B, Sacramento, CA 95814
Electronic submittal: Illegal Disposal Permanent Regulations (45-Day Comment Period)
CalRecycle will additionally hold a hybrid public hearing, accessible in person or virtually, on September 2, 2025, starting at 10:00 AM.
In person:
CalRecycle headquarters
2nd floor Byron Sher Auditorium
1001 I Street, Sacramento, California.
The Byron Sher Auditorium is wheelchair accessible.
Virtually via Zoom:
You must register in advance.
Registration is free.
To observe the public workshop public hearing via Webcast, go to the Public Meeting Live Webcasts. Webcast participants will not be able to ask questions. If you are participating remotely and anticipate providing comments, it is recommended to join through Zoom. No registration is necessary to view the Webcast.
Simultaneous Spanish interpretation will be available in-person at the hearing and remotely via Zoom or webcast. For in-person interpretation services, headsets will be available and can be provided by CalRecycle staff prior to or during the workshop. If you need interpretation services in a language other than Spanish, please notify CalRecycle at regulations@calrecycle.ca.gov by August 25, 2025, and we will do our best to accommodate your request.
Please note that under the California Public Records Act (Government Code section 7920.000 et seq.), your written and oral comments, attachments, and associated contact information (e.g., your address, phone number, email address, etc.) become part of the public record and can be released to the public upon request.
Contact
For more information on the Illegal Disposal Permanent Regulations, please contact Claire Derksen at regulations@calrecycle.ca.gov.
Subscribe to the Proposed Regulations Listserv to receive emails regarding rulemaking developments.
For more information regarding the solid waste handling regulatory requirements, please visit CalRecycle’s Permit Toolbox homepage.