Administrative Enforcement - Waste Tires - Public Resources - CA

Section § 42850

This law says that if someone carelessly breaks a rule or regulation under this chapter, they could face a fine ranging from $500 to $5,000 for each rule they break. If the violation continues, they might be fined each day it continues.

The responsibility to enforce these fines can be resolved either through a civil lawsuit or administratively, meaning outside of court.

Cities or counties can be given the power to enforce these rules if they ask and the board agrees in writing. Even if a city or county is enforcing the rules, the board can still step in to ensure proper enforcement.

(a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues.

(b) Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to this article.

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

civil penalty negligent violation permit violation ...

Section § 42850.1

If someone deliberately breaks rules or requirements set in this chapter, they can face serious consequences. Criminal penalties include up to a $10,000 fine for each day the violation occurs and/or up to one year in county jail. Civil penalties can also be applied, with a maximum fine of $10,000 for each violation or for each day it continues. These civil penalties can be enforced through a lawsuit or administratively.

(a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000) for each day of violation, by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment.

(b)

(1) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty not to exceed ten thousand dollars ($10,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues.

(2) Liability under this subdivision may be imposed in a civil action or may be imposed administratively pursuant to this article.

intentional violation penalties daily fines county jail ...

Section § 42851

If someone might owe a civil penalty under this chapter, the department sends them an accusation describing what they did (or didn't do) and how much they might owe. This notice is sent directly or by certified mail and includes the right to a hearing.

If the accused person wants to fight the accusation, they need to let the department know. The department then sets a hearing within 60 days unless the hearing is waived.

If there's no hearing or they make a settlement deal, the department determines the fine. Once decided this way, it's final—no appeals through courts or other agencies. If a hearing happens, the director decides the penalty within 60 days of the hearing's end.

(a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter. The accusation shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The accusation shall be served by personal service or certified mail and shall inform the party of the right to a hearing.

(b) Upon receipt by the department of a notice of defense to the accusation, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 60 days of the scheduling date, unless the party waives the right to a hearing.

(c) If the party waives the right to a hearing, the department shall issue an order setting liability in the amount proposed in the accusation unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. If the party has waived the right to a hearing or if the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency.

(d) After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting the amount of civil penalty to be imposed, if any.

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Section § 42852

This law describes how hearings about violations are handled by the director. They typically follow informal procedures, but can be converted to formal ones if needed. When making decisions about penalties, the director looks at how serious the violation is, the violator's past behavior, their ability to pay the penalty, and the expected impact of the penalty.

If a violation is found, the location will be inspected more frequently for up to a year. The party found in violation has to pay for these extra inspections, including costs related to preparation, travel, and reporting.

(a) A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, but the department may initially file a hearing pursuant to, or convert a hearing to be conducted pursuant to, the formal hearing requirements specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In making a decision regarding a denial, revocation, suspension, or penalty, the director shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the proposed civil penalty, and the prophylactic effect that imposition of the proposed penalty will have on both the violator and on the regulated community as a whole.

(b) For a period of up to one year, following the issuance of a final decision by either the director or an administrative law judge, if the hearing is converted to a formal hearing, that is based on a finding of a violation of this chapter or of any regulation adopted pursuant to this chapter, the department shall perform inspections at the location of the violation that are in addition to those inspections otherwise required by this chapter or by any regulations adopted pursuant to this chapter, at a frequency determined by the department.

(c) The responding party shall reimburse the department for the cost of the additional inspections conducted pursuant to subdivision (b), including the cost of preparing for the inspection, traveling to and from the inspection, and writing up the inspection reports, at the same amounts that are determined annually and approved for enforcement agents to be charged by the department for purposes of the enforcement of this chapter.

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Section § 42853

This law states that if you're given an order to pay a civil penalty, it takes effect immediately and is final right away. You have to pay the fine within 30 days unless the director gives you more time. The order will be sent to you personally or by certified mail, and anyone else who was involved in the hearing and wants a copy will also get one.

Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance, unless otherwise ordered by the director. Copies of these orders shall be served by personal service or by certified mail upon the party served with the accusation and upon other persons who appeared at the hearing and requested a copy.

civil liability payment deadline effective upon issuance ...

Section § 42854

If you want to challenge a decision made by the director, you need to file a petition with the superior court within 30 days. If you miss this window, you can't dispute the decision's fairness or validity in court later.

The processes for such a court review follow a specific legal guideline called Section 1094.5 of the Code of Civil Procedure, and the court will support the director's decision if evidence backs it up.

Filing your petition won't stop any required actions or penalties related to the decision from going forward. However, the court can still provide any appropriate relief that falls within their power.

(a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the director in a judicial proceeding brought to enforce the decision or order or for other remedies.

(b) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure governs any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record.

(c) The filing of a petition for writ of mandate does not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter.

(d) This section does not prohibit the court from granting any appropriate relief within its jurisdiction.

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Section § 42855

This law explains how penalties collected from tire recycling violations are distributed. If the state board's attorney handles the case, the money goes to the California Tire Recycling Management Fund. If a city or county's attorney brings the case, they keep the funds, which must be used for enforcement and cleanup related to tire recycling and related enforcement efforts.

All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the attorney who brought the action represented the board, or shall be retained by a city, county, or city and county designated pursuant to subdivision (c) of Section 42850, if the attorney who brought the action represents the city, county, or city and county. The moneys retained by the city, county, or city and county shall be expended on enforcement and cleanup required under this chapter, including, but not limited to, the prosecution of enforcement actions.

tire recycling penalty distribution California Tire Recycling Management Fund ...