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Business Taxes Law Guide – Revision 2024
 

Division 30. Waste Management
Part 3. State Programs
Chapter 8.5. Electronic Waste Recycling
Article 5. Administration

Section 42474


42474. Civil penalties. (a) Civil liability in an amount of up to two thousand five hundred dollars ($2,500) per offense may be administratively imposed by CalRecycle for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.

(b) A civil penalty in an amount of up to five thousand dollars ($5,000) per offense may be imposed by a superior court for each sale of a covered electronic device for which a covered electronic waste recycling fee or covered battery-embedded waste recycling fee, as applicable, has not been paid pursuant to Section 42464.

(c) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) may be administratively imposed by CalRecycle against manufacturers for failure to comply with this chapter, except as otherwise provided in subdivision (a).

(d) Civil liability in an amount of up to twenty-five thousand dollars ($25,000) per violation may be administratively imposed by CalRecycle against a person, including an authorized collector or covered electronic waste recycler, that makes a false statement or representation in any document filed, submitted, maintained, or used for purposes of compliance with this chapter and associated regulations.

(e) (1) CalRecycle may revoke the approval or deny the renewal application of an authorized collector or covered electronic waste recycler that makes a false statement or representation in a document filed, submitted, maintained, or used for purposes of compliance with this chapter and the regulations adopted pursuant to this chapter.

(2) In addition to the authority specified in paragraph (1), CalRecycle may deny an application for approval or renewal from an authorized collector or covered electronic waste recycler that, or an individual identified in the application who, has a history demonstrating a pattern of operation in conflict with the requirements of this chapter and the regulations adopted pursuant to this chapter.

(3) (A) A person challenging a revocation, denial of application renewal, or application denial under this chapter, or an approved covered electronic waste recycler challenging the denial or adjustment of an electronic waste recovery payment or electronic waste recycling payment, shall first exhaust all administrative remedies by filing with CalRecycle a timely administrative appeal, in accordance with the regulations adopted to implement this chapter.

(B) The hearing shall be held before the director or the director’s designee, who shall issue a written decision stating the factual and legal basis for this decision.

(f) (1) A manufacturer shall maintain and keep accessible all records required to be kept or submitted pursuant to this chapter for a minimum of three years.

(2) A manufacturer shall, upon request, provide CalRecycle with relevant records necessary to determine compliance with this chapter.

(g) All reports and records provided to CalRecycle pursuant to this chapter shall be provided under penalty of perjury.

History—Amended by Stats. 2022, Ch. 370 (SB 1215), in effect January 1, 2023, substituted "CalRecycle" for "The Department of Resources Recycling and Recovery" or "the Department of Resources Recycling and Recovery" throughout; added "or covered battery-embedded waste recycling fee, as applicable," after "fee" in subdivision (a); added "or covered battery-embedded waste recycling fee, as applicable," after "fee" in subdivision (b); substituted "CalRecycle" for "the board" after "imposed by" in subdivision (c); substituted "director" for "Director of Resources Recycling and Recovery" after "before the" and substituted "the director’s" for "his or her" before "designee" in subparagraph (3)(B) of subdivision (e); added subdivisions (f) and (g).