[Archives] Illegal Disposal Permanent Regulations

CalRecycle maintains archived information on its website as a record of its activities for use by the public and CalRecycle staff.

Overview

On March 4, 2026, the Office of Administrative Law (OAL) approved the permanent regulations. The regulations become effective on March 4, 2026.
The Department of Resources Recycling and Recovery (CalRecycle) proposed 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 November 13, 2025, please visit [Archives] Second Readopt of Illegal Disposal Emergency Regulations.

Affected Regulatory Code Sections

CalRecycle proposed 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 also proposed 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 OAL for final review on January 20, 2026.
The permanent regulations were approved by OAL on March 4, 2026, and become effective on March 4, 2026.

  • Office of Administrative Law Approval Document. The Office of Administrative Law’s official approval of the permanent regulations. This document is 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.
  • Office of Administrative Law Approved Regulation Text. An accessible version of the final regulation text as approved by the Office of Administrative Law.

Current Documents

  1. Table of Contents. A table of contents that identifies each item contained in the official rulemaking file.
  2. Department’s Early Effective Date Memo.
  1. Notice of Proposed Action. The notice of proposed adoption, amendment, or repeal of regulations.
  2. Originally Proposed Text The express language that shows any proposed adoption, amendment, or deletion to the regulations.
  3. Mailing Statement for 45-Day Notice The mailing statement that confirms the notice was delivered by means of electronic communication over 45 days prior to the close of the public comment period and public hearing.
  4. Initial Statement of Reasons An explanation of all proposed changes to the regulations.
  5. Public Hearing Official Transcript The official transcript from the public hearing that was held on September 2, 2025.
  6. Post Notice Modifications.
    1. Addendum to Notice Extension Errata. The addendum to the Notice of Proposed Action.
    2. CORRECTED Notice of Proposed Action The corrected notice of proposed adoption, amendment, or repeal of regulations.
    3. CORRECTED Originally Proposed Regulation Text. The revised express language that shows any adoption, amendment, or deletion to the regulations.
  7. Economic and Fiscal Impact Statement Form 399 and Supplemental Information. The Economic and Fiscal Impact Form 399 and Economic Impact Statement Supplemental Information document required by Department of Finance.
  8. Other Material in Rulemaking File.
    1. 45-Day Original Public Comment Letters. The original public comment letters received during the 45-day comment period and public hearing. This document is 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.
    2. 45-Day Annotated Public Comment Letters. Annotated versions of the public comment letters received during the 45-day comment period and public hearing. Annotations on these comment letters correspond with the comment matrix and final statement of reasons. This document is 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.
    3. 45-Day Comment Period Matrix. A matrix that displays all public comments, corresponding comment codes, and CalRecycle’s responses to all comments received during the 45-day comment period and public hearing.
    4. Documents Relied Upon. All technical, theoretical, and empirical studies, reports, or similar documents relied upon in developing the proposed regulations.
      1. Economic and Fiscal Impact Statement (STD 399)
      2. Economic and Fiscal Impact Statement STD 399 Appendix A
      3. Economic and Fiscal Impact Statement STD 399 Appendix B
      4. Economic and Fiscal Impact Statement STD 399 Appendix C
      5. Transcript from CalRecycle’s Monthly Public Meeting, October 16, 2024
      6. Site Photographs from Tour of Antelope Valley, November 17, 2024
      7. California – May 2023 OEWS State Occupational Employment and Wage Estimates, https://www.bls.gov/oes/current/oes_ca.htm#19-0000, accessed January 8, 2025
      8. Visit Log, Antelope Valley, November 17-18, 2024
    5. Department Adoption of Regulations CalRecycle’s Request for Approval document approving the adoption of the Illegal Disposal permanent regulations.
  9. Updated Informative Digest. A revision to the Informative Digest describing any changes to the law during the rulemaking period.
  10. Final Statement of Reasons. An explanation of any changes to the originally proposed regulations and a summary and response to public comments received on the proposed regulations.

Input from Interested Parties

CalRecycle considered written comments sent to CalRecycle and received during the initial 45-day written comment period, which began on July 18, 2025, and ended on September 9, 2025. CalRecycle additionally held a hybrid public hearing on September 2, 2025.

History

The Illegal Disposal permanent regulations were submitted to OAL on July 8, 2025, and published in the California Regulatory Notice Register on July 18, 2025. On March 4, 2026, the Office of Administrative Law (OAL) approved the permanent regulations. The regulations become effective on March 4, 2026.

The initial 45-day public comment period began on July 18, 2025, and ended on September 9, 2025. On September 2, 2025, CalRecycle conducted a public hearing to receive formal comments on the proposed regulations.

During the 45-day comment period, comments were submitted to:

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: Via CalRecycle’s public comment portal

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.