Chapter 8Severability and Enforcement
Section § 14590
This law states that if a part of the law is found to be invalid or can't be applied, it won't affect the rest of the law. The rest of the law will still be effective as long as it can work without relying on the invalid part. The law is designed to function even if parts of it are struck down.
Section § 14591
This section outlines penalties for violations related to beverage container recycling laws. If someone breaks these laws, they first face a fine of $100 for each separate violation, which can increase up to $1,000 for repeat offenses.
If someone intentionally commits fraudulent acts, like submitting false claims or recycling containers improperly, they can face more severe criminal charges. If the fraud involves more than $950, the person can be fined up to $25,000 and possibly face up to 3 years in jail. If less than $950, the penalty is a fine up to $1,000 or up to 6 months in jail.
The section also defines terms like "line breakage" and "rejected container" as per existing regulations.
Section § 14591.1
This law explains how civil penalties can be assessed for violations of certain environmental regulations. If someone violates these rules, penalties over $5,000 require a formal hearing process, while penalties of $5,000 or less can be handled more informally. Every day a violation continues counts as a separate offense, and the fines go to a dedicated penalty account. For intentional or negligent violations, fines can go up to $10,000 per violation, per day. Less serious violations can be fined up to $5,000 per offense, per day. You can't be fined under both intentional/negligent and less serious categories for the same violation. When deciding penalty amounts, officials consider factors like the violation's seriousness, any costs involved, and the violator's ability to pay.
Section § 14591.2
This law allows the department to discipline people involved in managing certified or registered facilities or programs if they violate certain rules. Disciplinary actions might include revoking or suspending certificates, imposing fines, or setting conditions on operations. Reasons for taking action include committing fraud, negligence, or crimes related to moral or professional duties. The department can act immediately if there's a significant threat of financial loss or misconduct that harms the program. Facilities or programs involved in violations might face penalties, and people responsible can be held accountable. Those affected by these actions have the right to a hearing to appeal decisions.
Section § 14591.3
This law explains that if the department wins a civil or administrative case it brings under this division, it can make the losing party pay for its legal costs, including attorneys' fees, experts' fees, and investigation expenses. On the flip side, if the defendant beats the department in the same type of case and proves that the department's action was obviously frivolous or without much merit, they can claim their defense costs from the department.
Section § 14591.4
This law allows the department to recover funds that were illegally paid from a specific fund, including interest, from anyone who received those payments. Certificate holders who received payments based on faulty documentation are specifically liable for restitution. If the department needs to pursue restitution, it will do so through formal or informal hearings, depending on the amount in question. Formal hearings are for amounts over $1,000, while informal ones handle amounts $1,000 or less. Additionally, the department can impose penalties for violations even after full restitution is collected.
Section § 14591.5
Once the deadline to ask a court to review a decision has passed, the department can go to court to collect any unpaid fines or enforce other penalties. They can do this through small claims or superior court, depending on the amount and type of penalty. They just need to show a certified copy of the original order. The court will quickly enter a judgment based on this, and then the department can enforce the judgment just like any other civil decision. The court is also instructed to treat the enforcement as a priority.
Section § 14591.6
If someone is violating recycling laws, the department can order them to stop the activity. If the person disagrees, they must request a hearing within 10 days. The hearing will decide if the order stands. If no hearing is requested or they don’t show up, the order becomes final and can't be challenged. If a hearing is scheduled and the person doesn’t show up without notifying the department, they might have to pay for the department’s costs.
If someone ignores a 'stop' order, the Attorney General can ask the court to issue an injunction to enforce compliance. The court will then decide whether to issue this injunction after a hearing.
Section § 14593
This law allows the department to impose a financial penalty, up to 15% of the amount due, and charge interest on beverage distributors and manufacturers if they underpay or pay late the required fees for container redemptions. The interest rate is based on the Pooled Money Investment Account. The department can review the financial records of these businesses to ensure correct payments are made. However, a penalty is only applied if the payment isn’t made within 30 days after the department notifies them of the issue.
Section § 14594
This law allows the department to charge a beverage manufacturer a penalty if they don't pay a required processing fee, with interest calculated based on a standard account rate. Before any penalty is charged, the manufacturer must be notified and given 30 days to pay what they owe. The department can review the manufacturer's financial records to ensure the right fees are being paid.
If an audit reveals the manufacturer has underpaid, the department can also inspect the records of the manufacturers who supplied them with beverage containers.
Section § 14594.5
This law allows the department to impose a hefty fine on individuals or companies that try to illegally redeem beverage containers. This includes containers that have already been redeemed or those not eligible for redemption, like those from out of state. The penalty can be up to $10,000 per transaction or three times the potential damage, whichever is higher, and additional costs. Importantly, just labeling a bottle correctly doesn't count as helping to illegally redeem containers.