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§ 18815.10. Procedure for Imposing Civil Liabilities.

14 CA ADC § 18815.10Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans (Refs & Annos)
Article 9.25. Recycling and Disposal Reporting System
14 CCR § 18815.10
§ 18815.10. Procedure for Imposing Civil Liabilities.
Currentness
(a) The Department shall impose administrative civil penalties in accordance with the procedures set forth in this section.
(b) Prior to initiating any enforcement proceeding, the Department shall notify a reporting entity in writing of any alleged failure to comply with this article. The notification will include all of the following:
(1) A description and dates of the alleged compliance failures.
(2) A compliance deadline that allows for reasonable time to remedy.
(3) Any potential penalties that may be assessed if the compliance deadline is not met.
(4) Notification that if the alleged violation or compliance failure is corrected by the deadline, then no further enforcement will be pursued by the Department.
(5) Notification that if there are extenuating circumstances, then the Department can extend the compliance deadline.
(c) Civil penalties set forth in Penalty Table I may be imposed as follows:
(1) Each violation shall be multiplied by the number of days the reporting entity was in violation. The number of days the violation occurred will begin one day after the compliance deadline the Department issued in its written notification of an alleged failure to comply to the reporting entity. If the violation is not corrected pursuant to subsection (b), then the following table applies:
Penalty Table I. All penalties are per day the reporting entity is in violation.
Authority
Description of Violation
1st Violation
2nd Violation
3rd and subsequent Violation(s)
Public Resources Code 41821.5(d)
A reporting entity fails to submit information on time as required by this article.
$500
$1,000
$5,000
Public Resources Code 41821.5(d)
A reporting entity refuses to submit information required by this article.
$1,000-$5,000
$1,000-$5,000
$5,000
Public Resources Code 41821.5(e)
A reporting entity knowingly or willfully files a false report, or a reporting entity alters, cancels, or obliterates entries in the records for the purpose of falsifying the records as required by this article.
$500-$10,000
$2,500-$10,000
$5,000-$10,000
Public Resources Code 41821.5(e)
A reporting entity refuses to allow the Department or any of its representatives to inspect or examine records as required by this article.
$500-$2,500
$2,500-$5,000
$5,000
Public Resources Code 41821.5(e)
A reporting entity fails to keep any records for inspection as required by this article.
$500
$500-$2500
$1,000-$5,000
(d) Once a potential penalty range from Penalty Table I is determined, the Department shall take the following factors into consideration in determining the total penalty amount to be requested in an Administrative Accusation:
(1) Whether the violation(s) were intentional.
(2) Whether the violation(s) demonstrate a chronic pattern of non-compliance with the regulations set forth in this article.
(3) Whether the violation(s) were due to circumstances beyond the reasonable control of the reporting entity or were unavoidable under the circumstances.
(4) Whether the reporting entity acted in good faith to comply, including correcting the violation(s) in a timely manner.
(5) Whether the violation(s) were voluntarily and promptly reported to appropriate authorities prior to the commencement of an investigation by the enforcement agency.
(6) The circumstances, extent, and gravity of any violation(s).
(e) The Administrative Accusation may be served on the respondent by the following means:
(1) Personal service.
(2) Substitute service using the same service procedures described in section 415.20 of the Code of Civil Procedure.
(3) Certified Mail: For respondents who are registered with RDRS, the mailing address or addresses provided at the time of registration will be used. Proof of service of the Administrative Accusation shall be the certified mail receipts or registered mail receipts proving the accusation and accompanying materials were sent to respondent by certified mail or registered mail.
(f) In any case in which it is determined that more than one reporting entity is responsible and liable for a violation, each reporting entity may be held jointly and severally liable for an administrative civil penalty.
(g) Reports shall be based on the information provided to a reporting entity at the time the report is due. The Department shall not hold reporting entities liable for incomplete or inaccurate information provided by a hauler or other third party. If a reporting entity is aware that a third party has failed to provide information or has provided incorrect information, then the reporting entity shall identify the third party and the alleged error or omission, as required by section 18815.3(n)(1) of this article. To the extent that the Department identifies an impact of incomplete or inaccurate information reported by a hauler or other third party on a specific jurisdiction, the Department shall notify that jurisdiction.

Credits

Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41821.5, 41821.6, 41821.7 and 41821.8, Public Resources Code.
History
1. New section filed 3-5-2019; operative 3-5-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 10).
This database is current through 3/10/23 Register 2023, No. 10.
Cal. Admin. Code tit. 14, § 18815.10, 14 CA ADC § 18815.10
End of Document