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
Section 18429 - Penalty Schedule
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(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 of Title 1417225.770 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:
(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. 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).
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources Code.
