1. (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).

2. (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.

3. (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.

4. (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.

5. (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.

6. (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.

7. (g) Other Waste Tire Facility Violations:

   1. (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. (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.

8. (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

9. (i) Total Penalty Calculation:

   1. (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. (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. (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.

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).