Enforcement - Tire Hauler Registration - Public Resources - CA

Section § 42962

If someone breaks a permit, rule, or regulation on purpose or by being careless as outlined in this chapter, they can be fined up to $25,000 for each violation or for each day the violation continues. If a person knowingly lies or makes false statements in documents related to compliance, they can also face this penalty.

These penalties can be enforced through a civil lawsuit. Besides these penalties, the department can also directly impose additional fines up to $5,000 for each violation or for each day the violation continues. The department must establish rules on how to apply these administrative fines.

(a) Any person who does any of the following shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation of a separate provision or for continuing violations for each day that violation continues:

(1) Intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter.

(2) Knowingly, or with reckless disregard, makes any false statement or representation in any application, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter.

(b) Liability under subdivision (a) may be imposed in a civil action.

(c) In addition to the civil penalty that may be imposed pursuant to subdivision (a), the department may impose civil penalties administratively in an amount not to exceed five thousand dollars ($5,000) for each violation of a separate provision or for continuing violations for each day that violation continues, on any person who intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. The department shall adopt regulations that specify the procedures and amounts for the imposition of administrative civil penalties pursuant to this subdivision.

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Section § 42962.5

This law section states that both traffic officers and certain peace officers have the authority to enforce the rules and regulations outlined in this chapter as representatives of the department.

Any traffic officer, as defined in Section 625 of the Vehicle Code, and any peace officer, as specified in Section 830.1 of the Penal Code, may enforce this chapter as authorized representatives of the department.

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Section § 42963

This law allows cities, counties, or districts to impose local rules on facilities managing waste or used tires, as long as those rules do not conflict with state regulations or are more lenient. The law aims to create a consistent statewide program for the regulation of tire haulers to prevent illegal disposal, ensuring they are not burdened with varying local requirements.

Additionally, if a city or county requests it, the state's department can authorize them to enforce these regulations, though they must follow the same procedures as the state department. The state retains the overarching authority to ensure compliance with these regulations.

(a) This chapter, or any regulations adopted pursuant to Section 42966, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on facilities that handle waste or used tires in order to protect the public health and safety or the environment, including preventing or mitigating potential nuisances, if the conditions or restrictions do not conflict with, or impose less stringent requirements than, this chapter or those regulations. However, this chapter, including any regulations that are adopted pursuant to Section 42966, is intended to establish a uniform statewide program for the regulation of waste and used tire haulers that will prevent the illegal disposal of tires, but that will not subject waste and used tire haulers to multiple registration or manifest requirements. Therefore, any local laws regulating the transportation of waste or used tires are preempted by this chapter.

(b) Upon request of a city, county, or city and county, the department may designate, in writing, that city, county, or city and county to exercise the enforcement authority granted to the department under this chapter. A city, county, or city and county designated by the department pursuant to this subdivision shall follow the same procedures set forth for the department under this article. This designation shall not limit the authority of the department to take action it deems necessary or proper to ensure the enforcement of this chapter.

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