Article 16. Administrative Civil Penalties

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 16. Administrative Civil Penalties

Section 18997.1. Scope.

(a) Administrative civil penalties for violations of this chapter shall be imposed consistent with the requirements of this Article as authorized by Public Resources Code Section 42652.5.

(b) A jurisdiction shall adopt ordinance(s) or enforceable mechanisms to impose penalties as prescribed in Section 18997.2.

Section 18997.2. Penalty Amounts.

(a) A jurisdiction shall impose penalties for violations of the requirements of this chapter consistent with the applicable requirements prescribed in Government Code Sections 53069.4, 25132 and 36900. The penalty levels shall be as follows:

(1) For a first violation, the amount of the base penalty shall be $50-$100 per violation.

(2) For a second violation, the amount of the base penalty shall be $100-$200 per violation.

(3) For a third or subsequent violation, the amount of the base penalty shall be $250-$500 per violation.

(b) Nothing in this section shall be construed as preventing a jurisdiction from revoking, suspending, or denying a permit, registration, license, or other authorization consistent with local requirements outside the scope of this chapter in addition to the imposition of penalties authorized under this section.

Section 18997.3 Department Penalty Amounts.

(a) Penalties shall be imposed administratively in accordance with the requirements set forth in this section.

(b) Penalties, except for violations specified in subdivision (d), shall be assessed as follows:

(1) A “Minor” violation means a violation involving minimal deviation from the standards in this chapter, where the entity failed to implement some aspects of a requirement but has otherwise not deviated from the requirement. The penalties for this type of violation shall be no less than five hundred dollars ($500) per violation and no more than four thousand dollars ($4,000) per violation per day.

(2) A “Moderate” violation means a violation involving moderate deviation from the standards in this chapter. A violation which is not a minor violation or a major violation shall be a moderate violation. The penalties for this type of violation shall be no less than four thousand dollars ($4,000) per violation and shall be no more than seven thousand five hundred dollars ($7,500) per violation per day.

(3) A “Major” violation means a violation that is a substantial deviation from the standards in this chapter that may also be knowing, willful or intentional or a chronic violation by a recalcitrant violator as evidenced by a pattern or practice of noncompliance. The penalties for this type of violation shall be no less than seven

thousand five hundred dollars ($7,500) per violation per day and no more than ten thousand dollars ($10,000) per violation per day. For purposes of this subsection, a major violation shall always be deemed to include the following types of violations:

(A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism for organic waste disposal reduction and edible food recovery.

(B) A jurisdiction fails to have a provision in a contract, agreement, or other authorization that requires a hauler to comply with the requirements of this chapter.

(C) A jurisdiction fails to have an edible food recovery program.

(D) A jurisdiction fails to have any Implementation Record.

(E) A jurisdiction implements or enforces an ordinance, policy, procedure, condition, or initiative that is prohibited under Sections 18990.1 or 18990.2.

(F) A jurisdiction fails to submit the reports required in Sections 18994.1 and 18994.2.

(c) Once the penalty range has been determined pursuant to Subdivision (b), the following factors shall be used to determine the amount of the penalty for each violation within that range:

(1) The nature, circumstances, and severity of the violation(s).

(2) The violator’s ability to pay.

(3) The willfulness of the violator's misconduct.

(4) Whether the violator took measures to avoid or mitigate violations of this chapter.

(5) Evidence of any economic benefit resulting from the violation(s).

(6) The deterrent effect of the penalty on the violator.

(7) Whether the violation(s) were due to conditions outside the control of the violator.

(d) For violations of the Recovered Organic Waste Product Procurement requirements in Section 18993.1, where a jurisdiction fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target, the Department shall determine penalties under this Subdivision (d) based on the following:

(1) The Department shall calculate the jurisdiction’s daily procurement target equivalent by dividing the procurement target by 365 days.

(2) The Department shall determine the number of days a jurisdiction was in compliance by dividing the total amount of recovered organic waste products procured by the daily procurement target equivalent.

(3) The Department shall determine the number of days a jurisdiction was out of compliance with the procurement target by subtracting the number of days calculated in Subdivision (d)(2) from 365 days.

(4) The penalty amount shall be calculated by determining a penalty based on the factors in Subdivision (c) above, and multiplying that number by the number of days determined according to Subdivision (d)(3). The penalty amount shall not exceed $10,000 per day.

(e) Notwithstanding Subdivisions (a)-(d) if the Department sets a penalty amount for multiple violations of this chapter, the aggregated penalty amount for all violations shall not exceed the amount authorized in Section 42652.5 of the Public Resources Code.

(f) Nothing in this section shall be construed as authorizing the Department to impose penalties on residential organic waste generators.

Section 18997.4. Organic Waste Recovery Noncompliance Inventory.

(a) If the Department finds that a state agency, local education agency, or federal facility has failed to meet the final deadline in a Notice of Violation issued under this chapter, the Department shall send a notice stating that the Department has placed the respondent on the Organic Waste Recovery Noncompliance Inventory listed on its website. The Department may remove the respondent from the Organic Waste Recovery Noncompliance Inventory upon a finding, based on available evidence, that the respondent is no longer in violation of this chapter.

Section 18997.5. Department Procedure for Imposing Administrative Civil Penalties.

(a) The Department shall commence an action to impose administrative civil penalties by serving an accusation on a jurisdiction, person and/or entity, and a notice informing the jurisdiction, person, and/or entity of their right to a hearing conducted pursuant to Section 18997.6.

(b) The accusation and all accompanying documents may be served on the respondent(s) by one of the following means:

(1) Personal service;

(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure;

(3) Certified Mail or registered mail; or

(4) Electronically, with the consent of the respondent(s).

(c) Upon receipt of the accusation, the respondent shall file a request for hearing with the director of the Department within 15 days or the respondent will be deemed to have waived its right to a hearing.

(d) The Department shall schedule a hearing within 30 days of receipt of a request for hearing that complies with the requirements of this section.

(e) The hearing shall be held before the director of the Department, or the director’s designee, within 90 days of the scheduling date.

(f) If the respondent(s) waive(s) the right to a hearing, the Department shall issue a penalty order in the amount described in the accusation.

(g) The director of the Department, or the director’s designee, shall issue a written decision within 60 days of the conclusion of the hearing.

Section 18997.6. Department Procedures for Hearings and Penalty Orders.

(a) A hearing required under this chapter shall be conducted by the director of the Department, or the director’s designee, 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.

(b) A penalty order issued under Section 18997.5 shall become effective and final upon issuance thereof, and payment shall be due within 30 days of issuance, unless otherwise ordered by the director or the director’s designee. A penalty order may be served by any method described in Section 18997.5(b).