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§ 18499.6. Penalty Calculations.

14 CA ADC § 18499.6Barclays 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 11. Financial Assurances Enforcement Procedures for Major Waste Tire Facilities
14 CCR § 18499.6
§ 18499.6. Penalty Calculations.
Currentness
(a) If CalRecycle chooses to impose a penalty, the daily penalty shall equal an amount determined by the gravity-based matrix, in Table 1, using the degree of non-compliance and the potential for harm as the deciding factors, added to the economic benefit an operator receives from noncompliance with this Chapter.
Table 1.
Degree of Non-Compliance
Potential for Harm
Major
Minor
$10,000
$904
Major
to
to
$905
$804
$803
$702
Moderate
to
to
$703
$652
$651
$550
Minor
to
to
$551
$500
(1) The economic benefit portion of penalty for lack of liability coverage shall be based on a minimum annual premium for liability insurance, as identified by a CalRecycle survey of the insurance industry. The premium is multiplied by the number of years an operator is out of compliance (rounded up to the next whole year if a partial year of non-compliance exists).
(2) The economic benefit portion of a penalty for lack of coverage for closure costs shall be based on the current cost of a letter of credit or bond, as identified by a CalRecycle survey of the banking industry or insurance industry, respectively. The cost for a letter of credit or bond is multiplied by the pro-rata factor for the length of time of non-compliance.
(b) Determinations of penalty amounts may be modified by CalRecycle for one or more of the following reasons:
(1) Evidence that coverage has been subsequently provided, such as bank statements, letter from county treasurer verifying balance of fund, certificate demonstrating adequate coverage, etc.
(2) Evidence of a payment schedule, if applicable, detailing the operator's good faith efforts has been subsequently provided, such as past deposits to the financial assurance mechanism, etc.
(3) An operator's good faith efforts to comply or lack of good faith.
(4) An operator's degree of willingness to comply.
(5) An operator's history of compliance.
(6) Other unique factors such as size of operation, threat to public health and safety and the environment.
(c) Penalties may be pursued by CalRecycle administratively or through superior court as specified in Public Resources Code, sections 42850 and 42850.1.

Credits

Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code.
History
1. New section filed 4-1-2003; operative 5-1-2003 (Register 2003, No. 14).
2. Change without regulatory effect amending subsections (a)-(b) and (c) filed 12-11-2017 pursuant to section 100, title 1, California Code of Regulations (Register 2017, No. 50).
This database is current through 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 14, § 18499.6, 14 CA ADC § 18499.6
End of Document