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 8.5 - Waste Tire Hauler Registration and Manifesting Requirements for Waste and Used Tire Haulers, Retreaders, Waste and Used Tire Generators, and Waste and Used Tire End-Use Facilities
Section 18464 - Amount of Civil Penalties and Administrative Penalty Schedule
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Civil penalties may be imposed administratively in accordance with the following penalty tables:
Penalty Table I: For Tire Haulers, Tire Generators, and End-Use Facilities
Violation | Description of Violation | 1st Offense | 2nd Offense | 3rd and Subsequent Offenses |
PRC 42951(b) | Failure of tire haulers to transport used or waste tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the department, by statute or regulation, to accept used or waste tires, or to a facility that lawfully accepts used or waste tires for reuse or disposal. (major, minor). Please refer to PRC, Sections 42824 and 42834. | $1,000-$3,000 | $2,000-$4,000 | $3,000-$5,000 |
PRC 42952(b) | Falsely advertising or representing himself or herself as being in the business of a used or waste tire hauler without being registered as a used or waste tire hauler by the department. | $1,000-$2,000 | $2,000-$4,000 | $4,000-$5,000 |
PRC 42953 | Any person who gives, contracts, or arranges with another person to transport waste or used tires and fails to utilize a tire hauler holding a valid used or waste tire hauler registration from the department (unless the tire hauler is exempted from registration requirements as specified in Public Resource Code Section 42954). | $500-$1,000 | $1,000-$2,000 | $2,000-$3,000 |
PRC 42956 | Failure to carry used or waste tire hauler registration in vehicle; failure to permanently affix tire hauler decal to the lower right hand corner of the windshield. | $100-$500 | $1,000-$3,000 | $3,000-$5,000 |
PRC 42956(c) | Failure to present used or waste tire hauler registration upon the demand of an authorized representative of the department. | $100-$500 | $500-$1,000 | $1,000-$1,750 |
PRC 42961.5 | CTL, Manifest Violations, or Electronic reporting; including failure to submit the CTL, manifests, or Electronic reporting on a quarterly basis, missing information, incomplete information, and false information. | $100-$500 | $500-$1,000 | $1,500-$2,500 |
14 CCR 18456.1(b) | Failure to maintain surety bond in full force and effect during all registration periods. | $500-$1,000 | $1,000-$2,000 | $2,000-$3,000 |
14 CCR 18456.3 | Failure to notify department of changes in information provided on registration application form (CalRecycle 60) as required by 14 CCR 18456.3. | $100-$300 | $500-$1,000 | $1,500-$2,000 |
14 CCR 18459.3(b) | Failure to retain records for three years and/or failure to have records be made available at the site during normal working hours for inspection and photocopy. | $100-$500 | $500-$1,000 | $1,500-$2,500 |
14 CCR 18451(a) | Failure to comply with the requirements of Article 8.5 Registration and Manifesting Requirements when not specified in Penalty Table I or II. | $500-$1,000 | $1,000-$2,000 | $2,000-$3,000 |
14 CCR 18456.4 | Failure to abide by the requirements of the Temporary Registration of Alternate Vehicles. | $100-$500 | $500-$1,000 | $1,500-$2,500 |
14 CCR 18461(b) or 18462(c) | Failure to comply with the requirements of this section for completion of the "Unregistered Hauler & Comprehensive Trip Log Substitution Form" (CalRecycle Form 204). | $100-$500 | $500-$1,000 | $1,500-$2,500 |
Penalty Table II: Violation of Public Resources Code section 42951(a)
Violation | 10-20 Tires per Load | 21-40 Tires per Load | 41-100 Tires per Load | More than 100 Tires per Load |
Unregistered Hauler (1st Offense) | $100-$500 | $500-$750 | $500-$1,000 | $1,000-$2,000 |
Unregistered Hauler (2nd Offense) | $500-$1,000 | $750-$1,250 | $1,000-$1,750 | $2,000-$4,000 |
Unregistered Hauler (3rd Offense, etc) | $1,000-$1,750 | $1,250-$2,000 | $1,750-$2,750 | $3,000-$5,000 |
(b) For administrative hearings held pursuant to Public Resources Code Sections 42960 and 42962, a person waives the right to a hearing when that person fails to submit to the Department a Notice of Defense pursuant to Government Code Section 11506 or CalRecycle Request for Hearing form within 15 days of service of the administrative complaint on that person.
1. New section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2. Amendment of section heading and new subsection (b) (including Penalty Tables I-II) filed 3-6-2003 as an emergency; operative 3-6-2003 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-7-2003 or emergency language will be repealed by operation of law on the following day.
3. Repealer of subsection (a) and relettering of former subsection (b) to subsection (a) filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
4. Refiling of 3-6-2003 order, including further amendment of subsections (a)1. and (a)2. and amendment of Penalty Table I, 7-7-2003 as an emergency; operative 7-7-2003 (Register 2003, No. 28). A Certificate of Compliance must be transmitted to OAL by 11-4-2003 or emergency language will be repealed by operation of law on the following day.
5. Refiling of 7-7-2003 order 11-3-2003 as an emergency; operative 11-3-2003 (Register 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by 3-2-2004 or emergency language will be repealed by operation of law on the following day.
6. Editorial correction of subsection (a)1. (Register 2004, No. 10).
7. Refiling of 11-3-2003 order 3-2-2004 as an emergency, including further amendment of subsection (a)(1); operative 3-2-2004 (Register 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by 6-30-2004 or emergency language will be repealed by operation of law on the following day.
8. Certificate of Compliance as to 3-2-2004 order transmitted to OAL 6-15-2004 and filed 7-21-2004 (Register 2004, No. 30).
9. Amendment filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
10. Amendment refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
11. Amendment refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
12. Certificate of Compliance as to 2-9-2006 order, including new subsection (b) and amendment of NOTE, transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
13. Amendment of sections and NOTE filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
Note: Authority cited: Sections 40502, 42962, 42966 and 43020, Public Resources Code. Reference: Sections 42960 and 42962, Public Resources Code; and Section 11506, Government Code.