Presentation is loading. Please wait.

Presentation is loading. Please wait.

Streamlined Penalty Enforcement Program Board approved Waste Tire Hauler Streamlined Penalty Enforcement Program implementation in January 2009 Approval.

Similar presentations


Presentation on theme: "Streamlined Penalty Enforcement Program Board approved Waste Tire Hauler Streamlined Penalty Enforcement Program implementation in January 2009 Approval."— Presentation transcript:

1

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


Download ppt "Streamlined Penalty Enforcement Program Board approved Waste Tire Hauler Streamlined Penalty Enforcement Program implementation in January 2009 Approval."

Similar presentations


Ads by Google