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 3.5 - Waste Tire Facility Violations and Enforcement › Section 18429 - Penalty Schedule

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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).
(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.
(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.
(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.
(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.
(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.
(g) Other Waste
				  Tire Facility Violations:
(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) 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.