Home Table of Contents

§ 18429. Penalty Schedule.

14 CA ADC § 18429Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 6. Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests
Article 3.5. Waste Tire Facility Violations and Enforcement
14 CCR § 18429
§ 18429. Penalty Schedule.
(a) Applicability:
Any person violating any statute set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, or any regulation set forth in Chapter 3, or Chapter 6, Articles 1 through 7 or 9 through 11 of Title 14 of the California Code of Regulations, may be liable for a penalty set forth in this section, including but not limited to, an owner or operator of a waste tire facility (WT Facility).
(b) Capacity Violations at an Unpermitted Waste Tire Facility:
Use subsection (h), Table 1, to determine the base penalty for each violation of Public Resources Code sections 42823, 42824, 42833, 42834, and section 18420(a) of this Chapter. Multiply this base penalty by the applicable risk factor in subsection (h), Table 2.
(c) Storage and Disposal Violations at Permitted and Unpermitted Waste Tire Facility:
Use subsection (h), Table 3, to determine the penalty for each Division 7, Chapter 3, Article 5.5 violation. Add applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 3 that exist at the waste tire facility.
(d) Capacity Violations at a Permitted Waste Tire Facility:
Use subsection (h), Table 4, to determine the base penalty for each capacity violation at a permitted waste tire facility. Multiply this base penalty by the applicable risk factor in subsection (h), Table 2.
(e) Permit Review Submittal Violations at a Permitted Waste Tire Facility:
Use subsection (h), Table 5, to determine the penalty for a permitted waste tire facility that fails to submit a Permit Certification or Revision Application to the Department by the required deadline. If a permitted waste tire facility fails to submit a Permit Certification or Revision Application to the Department within 180 days after the date the permit is due for review: the current permit shall be deemed expired, the operator shall remove all waste tire material onsite in excess of 499 passenger tire equivalents as that term is defined in section 17225.770 of Title 14 of the California Code of Regulations, and the operator shall apply for a new waste tire facility permit before continuing operations.
(f) Financial Assurance Violations at a Permitted Major Waste Tire Facility:
Use subsection (h), Table 6, to determine the penalty for each Division 7, Chapter 6, Article 9 violation. Add applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 6 that exist at the waste tire facility.
(g) Other Waste Tire Facility Violations:
(1) Use subsection (h), Table 7, to determine a penalty for each violation other than capacity, storage and disposal, permit review submittal, and financial assurance. Determine applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 7 that exist at the waste tire facility.
(2) Use subsection (h), Table 7, to determine the penalty for a waste tire facility exempt or excluded from Department permitting requirements that fails to notify the Department as specified in sections 18431.1 or 18431.2 of this Chapter.
(h) Penalty Tables:
TABLE 1 -- Unpermitted WT Facility: Capacity Penalties
Violation Type
Amount of Tires
Sequence
500-4,999
5,000-9,999
10,000-19,999
20,000-49,999
50,000 or more
Negligent Act
1st
$ 500
$1,000
$1,500
$2,000
$3,000
2nd & subsequent
$2,000
$2,500
$3,000
$3,500
$4,000
Intentional Act
1st
$1,000
$2,000
$3,000
$4,000
$6,000
2nd
$4,000
$5,000
$6,000
$7,000
$8,000
3rd & subsequent
$6,000
$7,000
$8,000
$9,000
$10,000
TABLE 2 -- Risk Factors
WT Facility Distance From Residential Home, Freeway/
Risk Factor
Major Road, Lake, River, Waterway or Airport
Negligent Act
Intentional Act
More than 1 mile
0.50
1.00
Within 1 mile, but more than 1,000 feet
0.75
1.25
Within 1,000 feet
1.00
1.50
TABLE 3 -- WT Facility: Storage and Disposal Penalties
Violation
Penalty Range
14 CCR 17351
Fire Prevention Measures
$500-$5,000
14 CCR 17352
Facility Access and Security
$500-$5,000
14 CCR 17353
Vector Control Measures
$500-$5,000
14 CCR 17354
Storage of Waste Tires Outdoors
$500-$5,000
14 CCR 17356
Storage of Waste Tires Indoors
$500-$5,000
TABLE 4 -- Permitted WT Facility: Capacity Penalties
Violation Type
Amount of Tires Over Permitted Capacity
Sequence
1-4,999
5,000-9,999
10,000-19,999
20,000-49,999
50,000 or more
Negligent Act
1st
$ 500
$1,000
$1,500
$2,000
$3,000
2nd & subsequent
$2,000
$2,500
$3,000
$3,500
$4,000
Intentional Act
1st
$1,000
$2,000
$3,000
$4,000
$6,000
2nd
$4,000
$5,000
$6,000
$7,000
$8,000
3rd & subsequent
$6,000
$7,000
$8,000
$9,000
$10,000
TABLE 5 -- Permit Review Submittal Penalties
Violation
Penalty
14 CCR 18426
Submittal of Certification or Revision Application Within 30 Days of Notice (Minor WT Facility)
$1,000
14 CCR 18426
Submittal of Certification or Revision Application Within 30 Days of Notice (Major WT Facility)
$2,000
14 CCR 18426
Submittal of Certification or Revision Application Within 60 Days of Notice (Minor WT Facility)
$2,500
14 CCR 18426
Submittal of Certification or Revision Application Within 60 Days of Notice (Major WT Facility)
$6,000
14 CCR 18426
Submittal of Certification or Revision Application Within 120 Days of Notice (Minor WT Facility)
$5,000
14 CCR 18426
Submittal of Certification or Revision Application Within 120 Days of Notice (Major WT Facility)
$10,000
TABLE 6 -- Permitted Major WT Facility: Financial Assurance Penalties
Violation
Penalty Range
14 CCR 18472
Closure Cost Estimate Adjustments
$1,000-$10,000
14 CCR 18473
Acceptable Mechanisms and Combination of Mechanisms
$1,000-$10,000
14 CCR 18474
Trust Fund
$1,000-$10,000
14 CCR 18475
Surety Bond
$1,000-$10,000
14 CCR 18476
Letter of Credit
$1,000-$10,000
14 CCR 18477
Government Securities
$1,000-$10,000
14 CCR 18478
Enterprise Fund
$1,000-$10,000
14 CCR 18478.5
State Approved Mechanism
$1,000-$10,000
14 CCR 18479
Substitution of Mechanisms by Operator
$1,000-$10,000
14 CCR 18480
Bankruptcy or Other Incapacity of an Operator or Provider of Financial Assurance
$1,000-$10,000
14 CCR 18481
Recordkeeping and Reporting Requirements
$1,000-$10,000
14 CCR 18482
Release from Financial Assurance Requirements for Closure Costs
$1,000-$10,000
TABLE 7 -- Other WT Facility Penalties
Violation
Penalty Range
PRC 42824
Direct or Haul WTs to, or Accept WTs at, Unpermitted Major WT Facility
$1,000-$10,000
PRC 42834
Direct or Haul WTs to, or Accept WTs at, Unpermitted Minor WT Facility
$ 500-$ 5,000
14 CCR 18423(a)
Permit Application Filing
$ 500-$ 5,000
14 CCR 18427
Permit Revision (Major WT Facility)
$1,000-$10,000
14 CCR 18427
Permit Revision (Minor WT Facility)
$ 500-$ 5,000
14 CCR 18431.1
Permit Exemption (Exempt WT Facility)
$ 500-$10,000
14 CCR 18431.2
Permit Exclusion (Excluded WT Facility)
$ 500-$10,000
14 CCR 18440(a)
Closure Commencement (Meet Closure Requirements)
$ 500-$ 5,000
14 CCR 18440(b)
Closure Commencement (Submit Updated Closure Plan)
$ 500-$ 5,000
14 CCR 18440(c)
Closure Commencement (Approval of Major WT Facility Closure Plan Prior to Beginning Closure)
$1,000-$10,000
14 CCR 18440(d)
Closure Commencement (Approval of Minor WT Facility Closure Plan Prior to Beginning Closure)
$ 500-$ 5,000
14 CCR 18440(e)
Closure Commencement (Immediately Begin Closure)
$ 500-$ 5,000
14 CCR 18443(d)
Inspection Access
$ 500-$ 5,000
14 CCR 18447
Retention of Records
$ 500-$ 5,000
14 CCR 18470-18482
Financial Assurance Requirements for Closure of Major WT Facility
$1,000-$10,000
(i) Total Penalty Calculation:
(1) Separate penalties shall accrue for each day of violation, as set forth in Public Resources Code sections 42850 and 42850.1. Multiply each applicable violation penalty amount by the number of days of violation. Add the results for each violation to determine a total penalty amount.
(2) An unpermitted waste tire facility total penalty may not exceed maximum penalty amounts for each day of violation, as set forth in Public Resources Code sections 42825 and 42835. Unpermitted waste tire facilities include Exempt or Excluded waste tire facilities as that term is defined in section 17225.822 of Title 14 of the California Code of Regulations. For capacity violations at Exempt or Excluded waste tire facilities, calculate the amount of waste tires onsite that exceed the amount authorized by Public Resources Code sections 42823.5(a) and 42831, sections 18420(a) and 18431.3 of Title 14 of the California Code of Regulations, or other amounts authorized by the Department.
(3) Penalties for 2nd and Subsequent Negligent Acts, and Intentional Acts, may be assessed against an operator and/or owner as provided in Tables 1 and 4 when the operator and/or owner committed a prior violation at the same or a separate location.

Credits

Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources Code.
History
1. New section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21). A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 5-29-92 as an emergency; operative 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted to OAL by 10-6-92 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 9-28-92 as an emergency; operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be transmitted to OAL by 2-3-92 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate of Compliance must be transmitted to OAL 6-2-93 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance must be transmitted to OAL 10-20-93 or emergency language will be repealed by operation of law on the following day.
7. Editorial correction of History 4 (Register 93, No. 26).
8. Certificate of Compliance as to 6-22-93 emergency order including amendment transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. New article 3.5 (section 18429) and repealer and new section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
10. Repealer and new article heading, amendment of section heading and repealer and new section filed 9-29-2014; operative 10-29-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 40).
This database is current through 7/5/24 Register 2024, No. 27.
Cal. Admin. Code tit. 14, § 18429, 14 CA ADC § 18429
End of Document