2023 CalRecycle Enforcement Report
CalRecycle has a variety of enforcement responsibilities and programs established under different laws.
CalRecycle has a variety of enforcement responsibilities and programs established under different laws.
CalRecycle uses several approaches to achieve and maintain compliance due to the wide range of laws it enforces. Before taking formal enforcement action and imposing penalties, CalRecycle first focuses its resources on compliance assistance. CalRecycle enforcement programs have technical assistance, outreach, and training programs. Success depends on effective communication between CalRecycle and the regulated community.
California's solid waste disposal infrastructure includes active, permitted solid waste facilities and operations. These include landfills, transfer and processing, composting and others.
Solid waste enforcement programs protect public health, safety, and the environment. Sixty state-certified local enforcement agencies (LEAs) have direct authority to ensure proper operation of facilities and operations. CalRecycle is the enforcement agency (EA) for four cities and four counties in the state with no designated LEA.
Each LEA or the EA cite violations when an activity does not meet regulatory and/or statutory requirements. The LEA or EA also have the authority to write enforcement orders to require facilities and operations to come into compliance. The enforcement order can include Cease and Desist Orders, Notice and Orders, Notice of Violation Letters, Stipulated Agreements, and Stipulated Notice and Orders.
CalRecycle publishes the Inventory of Solid Waste Facilities that Violate State Minimum Standards for facilities that repeatedly violate at least one or more state minimum standard for two consecutive months. CalRecycle issues a Notice of Intent (NOI) advising the operator of its intent to list the facility on the inventory if the violation(s) are not corrected within 90 days. CalRecycle works closely with the LEA to bring facilities into full compliance.
2023 Solid Waste Update
CalRecycle conducts performance evaluations of LEAs based on six statutory standards. It also reviews each LEA’s implementation of the solid waste disposal facility’s permit, inspection, and enforcement program. This performance evaluation is conducted over a three-year cycle. LEA evaluation cycles can overlap, as some evaluations require additional time to obtain documentation or allow for corrective actions. For those that require corrective action, LEAs must develop and implement work plans, which are monitored until facilities and operations are compliance with all requirements.
In addition to regular inspections, CalRecycle is required to conduct landfill oversight inspections every 18 months in conjunction with the LEAs. Other inspections include pre-permit concurrence inspections and focused inspections of solid waste facilities. CalRecycle conducts these oversight inspections of solid waste facilities to evaluate the LEA and ensure that state minimum standards are met.
2023 LEA Evaluations
There are more than 31,000 waste tire-related businesses in California. Of those:
The entities enrolled with the CalRecycle Waste Tire Program include tire-related businesses such as new and used tire dealers, car dealers, fleet operators, repair shops, dismantlers, re-treaders, cement kilns, and agriculture users.
CalRecycle conducts all inspections of permitted tire facilities. CalRecycle and local jurisdiction Tire Enforcement Agent Grantees (TEAs) inspect tire generators, and registered waste and used tire hauler businesses.
Inspections ensure such businesses are in compliance with environmental laws and state standards before they are issued a waste tire facility permit and during ongoing operations. Inspection frequency is as follows:
Inspectors also respond to complaints and referrals from the public and partner agencies regarding illegal dumping, illegal hauling, or illegal storage of waste tires.
CalRecycle regulates waste tires to prevent or mitigate the negative impacts of tires on public health, safety, and the environment. Enforcement efforts focus on waste tire haulers and waste tire storage/processing facilities. The regulated tire businesses are required to document all removal and delivery transactions including the waste tire generator, hauler, and storage facilities and must submit the information to CalRecycle. CalRecycle and local jurisdiction TEAs inspect over 20,000 program participants annually. CalRecycle is to serve administrative complaint actions against violators, and levy penalties on noncompliant entities.
2023 Waste Tires Update
CalRecycle’s Division of Recycling (DOR) streamlined its enforcement activities this year by assigning responsibilities to two branches: the Recycling Program Enforcement Branch (RPEB) and the newly established Recycling Program Technical Assistance and Compliance Branch (RPTACB).
RPEB’s enforcement efforts focus on identifying and investigating certified and/or registered entities that are potentially operating in violation of the law or regulations. RPEB engages in both:
Enforcement is supported by data and information gathered through a combination of investigations, on-site load inspections at certified processor facilities, forensic document reviews, risk assessment and data analysis. RPEB focuses on detecting, deterring, preventing, and mitigating beverage container recycling fraud associated with the importation of empty out-of-state containers and other fraudulent methods of redemption.
To effectively combat fraud, CalRecycle collaborates with the California Department of Justice (DOJ) and the California Department of Food and Agriculture (CDFA). The DOJ handles criminal investigations and prosecutions, while the CDFA monitors vehicles transporting empty out-of-state beverage containers across state borders.
In September 2023, the DOR created the RPTACB, which includes the Inspections Section, Compliance and Review Section, and the Technical Assistance and Review Units. The RPTACB's primary focus is conducting inspections of recycling centers and dealers, reviewing compliance of certified and/or registered entities, and providing technical assistance to program participants. By working closely with interested parties, the RPTACB aims to foster compliance, offering training and assistance where needed.
CalRecycle’s DOR has a continued partnership with the DOJ’s, Division of Law Enforcement, Bureau of Investigation, Recycle Fraud Team to combat the illegal activities against the California Beverage Container Recycling Fund (FUND). The criminal investigation services partnership also extends to the California Attorney General’s office which prosecutes recycling fraud cases.
The primary goal of the contract is to deter, detect, and mitigate fraud being committed by individuals or organized criminal groups against the FUND through multiple activities. Such activities include criminal investigations resulting in arrests and seizure of property, the successful prosecution of those responsible for the criminal activities, law enforcement education and awareness, joint press releases, and joint mobile checkpoints with CDFA inspection stations. The Recycling Fraud Team Special Agents with DOJ conduct training and education awareness on fraud affecting the Beverage Container Recycling Program (BCRP). The trainings are focused on educating other law enforcement agencies and interagency partners in an effort to enhance networking capabilities and gathering intelligence for combatting fraud within the BCRP.
In 2023, the DOJ, in partnership with CalRecycle, launched three highway billboards near the Arizona, Nevada, and California borders. The goal was to deter the importation of empty beverage containers for CRV. The Recycle Fraud Team works throughout California, and in neighboring states, investigating organizations that commit large-scale fraud of empty beverage container importation and have been responsible for numerous arrests involving grand theft, attempted grand theft, and conspiracy of recycling fraud.
2023 Beverage Container Recycling Program: Reviews
2023 Beverage Container Recycling Program: Inspections and Investigations
2023 Department of Justice and DAG Activities
Carpet, Mattress, Paint, Pharmaceutical, and Sharps Program Updates
The Carpet, Mattress, Paint, Pharmaceutical, and Sharps Laws require manufacturers, distributors, wholesalers, and retailers of covered products that are sold or offered for sale in California to comply with program standards. Distributors, wholesalers, and retailers have requirements to verify that the products they sell or offer for sale are compliant. To support this requirement, CalRecycle maintains lists of compliant manufacturers and brands that must be monitored by regulated participants. Should a unlisted manufacturer or product be found, the distributor, wholesaler, or retailer may be found in violation of requirements.
CalRecycle's enforcement includes ensuring compliance with stewardship plans which define how a manufacturer or stewardship organization is to fulfill its responsibilities under the law.
CalRecycle inspects regulated entities throughout the state to ensure ongoing compliance with state standards. When violations are identified, CalRecycle provides an opportunity for the violations to be corrected. Regulated entities that do not correct violations are subject to enforcement actions such as issuance of penalties.
Carpet, Mattress, Pharmaceutical, Paint, and Sharps manufacturers and Mattress Renovators are required to be listed on CalRecycle’s website. CalRecycle verifies that manufacturers offering for sale or selling in California are participating in an approved product stewardship program or have their own approved plan. Retailers, wholesalers, and distributors must monitor CalRecycle’s website to ensure the covered products they sell are from a compliant manufacturer. If a manufacturer, wholesaler, or retailer is not in compliance, a Notice of Violation is issued. If the participant fails to achieve compliance, enforcement actions may be taken including issuance of penalties.
2023 Extended Producer Responsibility: Carpet, Mattress, and Paint
2023 Extended Producer Responsibility: Pharmaceutical and Sharps
Rigid Plastic Packaging Containers (RPPCs) Program Updates
CalRecycle oversees product manufacturers’ efforts to comply with California’s Rigid Plastic Packaging Container (RPPC) law (Public Resources Code sections 42300 through 42345. Manufacturer efforts can include use of postconsumer recycled plastic resin in the manufacturing of RPPCs or the reduction of total plastic used in product packaging. The law covers all products in RPPCs except food, infant formula, drugs, medical devices, cosmetics, and toxic and hazardous products. CalRecycle’s oversight is implemented through a three-phase process: registration, pre-certification, and compliance certification.
CalRecycle focuses on increasing pre-certification and compliance certification reviews. CalRecycle takes steps to identify and register additional product manufacturers as needed.
CalRecycle notifies product manufacturers that they may be selected to certify compliance in the coming measurement period. The one-year advance notice provides product manufacturers the opportunity to review the RPPC requirements to ensure that their RPPCs comply with the law.
CalRecycle selected and notified product manufacturers of their requirement to submit a compliance certification for the measurement period (January 1 through December 31). Selected product manufacturers are to provide documentation (by April 1 of the following year indicating that their RPPCs meet at least one of the compliance options including, but not limited to, using 25% postconsumer material in the RPPCs or reducing container weight by 10%.
CalRecycle receives compliance certifications for the previous measurement period by April 1 of each year, reviews the submittals, and notes violations, as needed. Compliance determination reviews can continue into the following year.
Six noncompliant product manufacturers were found to have failed to certify container compliance and/or submit a compliance certification that was incomplete and inaccurate. A total of $454,821 in penalties were levied.
2023 Rigid Plastic Packaging Containers Program
CalRecycle evaluates each local jurisdiction’s (city and county and special district) compliance with waste diversion requirements at least once every four years. Should noncompliance with requirements be determined, CalRecycle issues a Notice of Violation and, if the local jurisdiction is eligible, a Corrective Action Plan can be developed to require compliance. If the local jurisdiction fails to comply, it may be subject to penalties.
SB 619 (Laird) was implemented in 2022, which allowed local jurisdictions to submit a Notice of Intent to Comply by March 1, 2022. The Notice of Intent to Comply disclosed if a jurisdiction was in violation with the organic waste diversion regulations and the reason(s) why it had not complied, and required it to provide a plan to be followed to gain compliance. If the local jurisdiction provided the appropriate Notice of Intent to Comply, a Corrective Action Plan was issued. If the implementation of the Corrective Action Plan resulted in compliance, then administrative civil penalties for calendar year 2022 would be waived. CalRecycle monitored Corrective Action Plans during 2023.
2023 Jurisdiction and Agency Compliance and Enforcement
The Office of Audits is charged with protecting the fiscal integrity of the various programs that CalRecycle manages and funds. This is accomplished by conducting compliance and financial-related audits of program participants.
For the California Beverage Container Recycling Fund (CBCRF) regulations determine which businesses are required to register with CalRecycle, and in what capacity they are responsible for any payments to or from the department. Audits are conducted utilizing a risk-based approach, focusing on identifying significant errors, irregularities, and potential fraud.
2023 Auditing Evaluations
Under Assembly Bill 649 (Bennett, Chapter 492, Statutes of 2022, CalRecycle established the Office of Environmental Justice, Tribal Relations, Education and Outreach. In November 2023, CalRecycle appointed a deputy director to lead the office. The purpose of the office is to ensure that CalRecycle’s programs effectively address the needs and priorities of disadvantaged communities, low-income communities, California Native American tribes, and farmworkers. The office will support CalRecycle’s enforcement efforts to implement strategies to lessen the environmental impacts and enhance protections for vulnerable communities and communities disproportionately burdened by environmental pollution.