SECTIONS 42962-42963 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42962-42963

42962. (a) Any person who does any of the following shall be liable
for a civil penalty not to exceed twenty-five thousand dollars
($25,000) for each violation of a separate provision or for
continuing violations for each day that violation continues:
(1) Intentionally or negligently violates any permit, rule,
regulation, standard, or requirement issued or adopted pursuant to
this chapter.
(2) Knowingly, or with reckless disregard, makes any false
statement or representation in any application, manifest, record,
report, permit, or other document filed, maintained, or used for
purposes of compliance with this chapter.
(b) Liability under subdivision (a) may be imposed in a civil
action.
(c) In addition to the civil penalty that may be imposed pursuant
to subdivision (a), the board may impose civil penalties
administratively in an amount not to exceed five thousand dollars
($5,000) for each violation of a separate provision or for continuing
violations for each day that violation continues, on any person who
intentionally or negligently violates any permit, rule, regulation,
standard, or requirement issued or adopted pursuant to this chapter.
The board shall adopt regulations that specify the procedures and
amounts for the imposition of administrative civil penalties pursuant
to this subdivision.

42962.5. Any traffic officer, as defined in Section 625 of the
Vehicle Code, and any peace officer, as specified in Section 830.1 of
the Penal Code, may enforce this chapter as authorized
representatives of the board.

42963. (a) This chapter, or any regulations adopted pursuant to
Section 42966, is not a limitation on the power of a city, county, or
district to impose and enforce reasonable land use conditions or
restrictions on facilities that handle waste or used tires in order
to protect the public health and safety or the environment, including
preventing or mitigating potential nuisances, if the conditions or
restrictions do not conflict with, or impose less stringent
requirements than, this chapter or those regulations. However, this
chapter, including any regulations that are adopted pursuant to
Section 42966, is intended to establish a uniform statewide program
for the regulation of waste and used tire haulers that will prevent
the illegal disposal of tires, but which will not subject waste and
used tire haulers to multiple registration or manifest requirements.
Therefore, any local laws regulating the transportation of waste or
used tires are preempted by this chapter.
(b) Upon request of a city, county, or city and county, the board
may designate, in writing, that city, county, or city and county to
exercise the enforcement authority granted to the board under this
chapter. A city, county, or city and county designated by the board
pursuant to this subdivision shall follow the same procedures set
forth for the board under this article. This designation shall not
limit the authority of the board to take action it deems necessary or
proper to ensure the enforcement of this chapter.