Fremont City Council Meeting: 11/18/25 07:00 PM
3300 Capitol Avenue Div/Dept: Community Development
Fremont, CA 94538 Category: Fees & Rates
SCHEDULED
Sponsors:
COUNCIL STAFF REPORT (ID # 5569) DOC ID: 5569
Updated: 11/13/2025 6:02 AM by Dina Lewis Page 1
AMEND CIVIL PENALTIES SCHEDULE - Adopt a Resolution Amending the Civil Penalties Schedule to Increase the Fine for Illegal Dumping Contact Persons:
Name: Jamie Cooley Kathleen Cote-Guarnieri
Title: Environmental Specialist II Environmental Services Manager Div/Dept: Community Development Community Development
Phone: (510) 494-4573 510-494-4583
E-Mail: [email protected] [email protected]
Executive Summary: Pursuant to the Administrative Remedies Ordinance, the City has established a Civil Penalties Schedule, which sets forth the administrative citation penalty assessed for violations of the Municipal Code. Staff is recommending adding enhanced civil penalties for unauthorized disposal of solid waste (illegal dumping) of $1,000 per incident and use of illegal third-party haulers of $750-$1,000 per incident, to aid enforcement and create a deterrent for this activity. Staff also recommend adding the Construction and Demolition debris diversion requirements penalty from Municipal Code Section Chapter 8.40, Article VII, to the Civil Penalties Schedule.
BACKGROUND: Unauthorized Disposal and Third-Party Haulers: The City has maintained an ordinance against illegal disposal and use of third-party haulers since 1968 and began adopting penalty amounts in 1995.
On February 3, 1998 (under Ordinance 2276), the amounts were added to the municipal code stating that the first administrative citation was to be $100, second was to be $200, and third was to be $500. On October 1, 2002 (under Ordinance 2488) language was added stating that the administrative citation amounts were $100, $200, $500 unless otherwise stated by the civil penalty schedule. The penalties for unauthorized disposal and third-party haulers have not been adjusted since 1998.
Construction and Demolition Debris Diversion Requirements: On September 2, 2008, the City Council adopted a resolution to amend the Fremont Municipal Code by adding a new article to establish Construction and Demolition Debris Diversion and Recycling Requirements (then Article 9, Title IV, Chapter 2 now Title 8, Chapter 8.40, Article VII). This included a broad administrative penalty of $1000 for violation of sections under this article (as reflected in 8.40.640). The increased penalties authorized by the Fremont Municipal Code were not added to the Civil Penalties Schedule. This update would conform the Civil Penalties Schedule with the Municipal Code.
DISCUSSION/ANALYSIS: Current disposal rates at Fremont Recycling and Transfer Station are $119.55 to $130.71 per ton of waste depending on the material type. With the current penalty schedule starting at $100, illegal dumpers appear willing to risk citation rather than to properly dispose of waste.
Maintenance and Environmental Services staff dedicate a significant amount of time to cleaning up debris illegally dumped on public property. Staff responded to approximately Council Staff Report (ID # 5569) Meeting of November 18, 2025 Updated: 11/13/2025 6:02 AM by Dina Lewis Page 2
450 reports of illegal dumping in FY 2024-2025, and FY 2025-2026 is trending higher at 600 estimated for the fiscal year. By increasing the fine for illegal dumping to an amount that exceeds the cost of proper disposal, the City may reduce the frequency of illegal dumping incidents and generate additional revenue to help offset cleanup expenses. Staff is recommending increasing the civil penalty for illegal dumping (unauthorized disposal) to $1,000, an amount consistent with other local jurisdictions such as Oakland and San Jose.
Due to Fremont’s exclusive collection franchise with its waste hauler and processing contract with BLT Enterprises, Inc., debris boxes for construction and demolition debris must be provided by the franchise hauler and delivered to the Fremont Recycling and Transfer Station. The current cost to rent a debris box from Republic Services is $589.11 for a 20-cubic yard box, $770.74 for a 30-cubic yard box and $1103.89 for a 40-cubic yard box.
The current penalty amount appears to be insufficient to deter or dissuade third party haulers from operating in Fremont or customers from using illegal haulers, a direct violation of the City’s exclusive franchise agreement. In 2024 and 2025, over 250 citations were issued for violations of this section at $100 each.
Adjusting the penalties from $100 for a first offense to $750, and $1,000 for subsequent offenses, ensures that the fines would be more effective at discouraging third-party haulers operating in violation of the City’s exclusive franchise agreement. The proposed fine increase would help ensure that debris box services are provided through the franchise hauler and the City is supporting the franchise agreement.
In summary, staff recommends updating the Civil Penalty Schedule to reflect increased amounts for unauthorized disposal and third-party haulers and adding Construction and Demolition debris diversion requirements to the civil penalties schedule. The attached resolution amends the Civil Penalties Schedule accordingly.
FISCAL IMPACT: There is no General Fund cost anticipated from updating the Civil Penalties Schedule. There may be increased penalty amounts collected, depending upon compliance.
ENVIRONMENTAL REVIEW: The proposed action is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA guidelines Section 15378(b)(2) and/or Section 15378(b)(5) and as it can be seen with certainty that there is no possibility that the proposed action may have a significant effect on the environment under CEQA Guidelines Section 15061(b)(3), each as a separate and independent basis for CEQA compliance. No further environmental review is necessary.
ATTACHMENTS:
• Draft Resolution- Civil Penalties Schedule
RECOMMENDATION: Adopt the draft resolution included with this report amending the Civil Penalties Schedule to increase fines for illegal dumping.