Streamlined Penalty Enforcement Program

1. Streamlined Process For Waste Tire Facility Administrative Penalty CasesWaste Tire Program Review and Informal Regulation Development WorkshopMay 3, 2010

2. Streamlined Penalty Enforcement Program • Board approved Waste Tire Hauler Streamlined Penalty Enforcement Program implementation in January 2009 • Approval included implementation of a Waste Tire Facility Streamlined Penalty Enforcement Program

3. Board Approved Criteria For Streamlined Penalty Consideration • Relatively non-controversial • Less than 2000 tires • Potential penalties of less than $5000 • Board pre-approved penalty tables

4. How Streamlined Process Works • Violations detected, verified and determined to meet pre-approved streamlined process criteria • Staff prepares streamlined settlement agreement • Staff presents settlement agreement to violator • If violator agrees, Division Chief and Assistant Director signoff on proposed settlement and enforcement action is completed • If violator does not agree to settlement agreement, case goes to standard enforcement procedure • Repeat violations are escalated to standard enforcement procedure

5. Waste Tire Facility Streamlined Penalty Program Implementation Waste Tire Facility program implementation has been restricted by current regulations: • Prosecution of select violations of the Cleanup and Abatement Orders or Cease and Desist Orders • Example: failure to comply with storage, vector, or fire related requirements • Example: operating without a permit

6. Proposed Regulatory Changes for Waste Tire Facility Enforcement The following changes to CCR Section 18429 are required for success in the Waste Tire Facility Streamlined Penalty Enforcement Program: • Eliminate the requirement for violation of a Clean-up and Abatement Order prior to implementing a streamlined penalty enforcement action on permitted or unpermitted waste tire facilities • Reflect the name change from CIWMB to the Department of Resources Recycling and Recovery (CalRecycle)

7. Proposed Regulatory Changes for Waste Tire Facility Enforcement Additional proposed changes include: • Revise Table #3 to remove reference to Sections 17351 (c) and 17354 (a) & (b) • Revise Table #5 to include penalties for violations of all Section 17351 – Fire Prevention Measures and Section 17354 – Storage of Waste Tires Outdoors requirements • Clarify that Penalty Table #5 is applicable to both Unpermitted Waste Tire Facilities and Permitted Waste Tire Facilities

8. Typical Facility Violations • Unpermitted Minor Waste Tire Facility • Non-Compliance with Terms of Permit • Storage of Waste Tires Outdoors • Fire Prevention Measures, Vector Control • Recordkeeping Requirements

9. Streamlined Penalty Enforcement Program Key Benefits • Streamlined penalty process has proven to be efficient and cost effective • Since implementation of the Waste Tire Hauler Streamlined Penalty Enforcement Program, repeat waste tire hauler violators are less than 5% • Clean-up and Abatement Order, Cease and Desist Order, and the Administrative Hearing process can be time consuming and resource intensive

10. Streamlined Penalty Enforcement Program Key Benefits (continued) • The streamlined penalty process allows compliance issues to be addressed before they escalate to the Clean-up and Abatement or Cease and Desist level. • A strong enforcement program is essential in maintaining a “Level Playing Field” for businesses and making sure that waste tires are properly disposed or recycled