2022 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 CalRecycle enforces. CalRecycle focuses its resources on compliance assistance before taking formal enforcement action and imposing penalties. State laws require that CalRecycle enforcement programs have technical assistance, outreach, and training programs. Success depends on effective communication between CalRecycle and the regulated community.
CalRecycle created this report summarizing the department’s enforcement activities in part to comply with the reporting requirements for CalRecycle (Public Resources Code section 40507) and CalEPA (Government Code section 12812.2).
California’s solid waste disposal infrastructure includes active, permitted solid waste facilities and operations. Operations are distinguished from facilities in that they do not require a permit. However, operations are required to send a notification to the Local Enforcement Agency (LEA) and are inspected by the LEAs, although less frequently than permitted facilities.
Solid waste enforcement programs protect public health and safety, protect the environment, and ensure a level playing field for solid waste businesses. CalRecycle has oversight authority for solid waste handling, processing, and disposal facilities or operations. Sixty state-certified LEAs have direct authority to ensure the proper operation of facilities and operations. CalRecycle is the enforcement agency (EA) for four cities and four counties with no designated LEA.
Each LEA or EA cites violations when a facility or operation does not meet the regulatory or statutory requirements. The LEA or EA also has the authority to write and enforce notices and orders to require compliance with regulatory or statutory requirements at solid waste facilities and operations. 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 (Inventory) for facilities that repeatedly violate at least one state minimum standard for two consecutive months. CalRecycle issues a Notice of Intent (NOI) advising the operator of CalRecycle’s intent to list the facility on the Inventory if the violations are not corrected within 90 days. CalRecycle works closely with the LEA to develop a strategy to bring facilities into full compliance.
CalRecycle conducts LEA performance evaluations of the local enforcement agencies (LEAs) based on six statutory standards and reviews each enforcement agency’s implementation of the permit, inspection, and enforcement program. The evaluation is conducted on 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 LEAs requiring corrective action, staff also work with them to establish Workplans and will prepare Workplan monitoring reports until compliance is met.
In addition to routine inspections, CalRecycle is required to conduct oversight inspections in conjunction with the LEAs. Inspections include mandated 18-month inspections of landfills, pre-permit concurrence inspections, and discretionary 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.
There are more than 32,000 waste tire-related businesses in California. Of those, 34 are required to have a waste tire permit issued by CalRecycle to operate. Roughly 1,400 of those businesses are registered with CalRecycle and authorized to transport ten or more tires throughout the state. The remaining businesses are required to meet state standards for waste tire storage and handling and requirements for recordkeeping to assist with tracking the movement of waste tires within the state. The entities that are 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. Both CalRecycle and Local Jurisdiction Tire Enforcement Agent (TEA) Grantees inspect the remaining tire generator and registered waste and used tire hauler businesses.
Inspections ensure ongoing compliance with environmental laws and state standards during operation and prior to issuing waste tire facility permits. Inspection frequency is as follows:
Inspectors also respond to referrals and complaints from the public and partner agencies responding to illegal dumping, hauling, or storage of waste tires.
CalRecycle regulates waste tires to prevent or mitigate the negative impacts of tires on public health, safety, and the environment, and to provide a level playing field for California businesses engaged in the collection, transportation, processing, storage, and disposal of waste tires. Enforcement efforts focus on two related fronts: waste tire haulers and handlers and waste tire storage/processing facilities. The regulated tire community documents transactions among the waste tire generator, hauler, and storage facilities on a manifest form and submits them electronically to CalRecycle. CalRecycle inspects over 20,000 program participants annually along with its Local Jurisdiction Tire Enforcement Agent (TEA) Grantees. CalRecycle is authorized to enforce, serve administrative complaint actions against violators, and levy penalties on non-compliant entities.
The Recycling Program Enforcement Branch (RPEB) completed 7,944 cases in 2022; 5,746 cases had no violations, which is a 72.3% compliance rate. RPEB staff identified 3,593 violations resulting in total assessments of $482,170.00: $398,950.00 in civil penalties and $83,220.00 in restitution/reductions/denials.
CalRecycle’s Division of Recycling as a continued partnership with the California Department of Justice for criminal investigation services affecting the CA Beverage Container Recycling Fund. The partnership also extends to the CA Deputy Attorney General’s office who prosecutes such cases.
In 2022, there was a total of 22 individuals arrested with charges ranging from attempted grand theft, grand theft, conspiracy, and recycling fraud. The arrests resulted in 239,712 lbs. of empty beverage material seized with a value of $366,577.19. In addition, DOJ agents conducted 10 educational outreach meetings with other law enforcement agencies involving fraud in the CA Beverage Container Fund.
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 sold or offered for sale in California to comply with the individual program standards. Distributors, wholesalers, and retailers are required 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 on its website that must be monitored by these businesses. Should a non-listed manufacturer or product be observed during a CalRecycle inspection, the distributor, wholesaler, or retailer may be found in violation, and CalRecycle may commence an investigation of the manufacturer.
To support the implementation of the laws, consumers pay an assessment on carpet and paint when they buy a product covered by these laws and they pay a recycling charge when they buy a mattress or foundation. The paint assessments are included in the purchase price. The carpet assessment and the mattress recycling charge must be clearly visible on the customer’s receipt or invoice.
CalRecycle’s enforcement role includes the review of Stewardship Organizations’ (SO) plans and annual reports. Stewardship plans define how a manufacturer or stewardship organization intends to fulfill its responsibilities for end-of-life product management under the law and communicate with stakeholders and the public. Additionally, CalRecycle conducts inspections of regulated entities to ensure ongoing compliance with state standards. The frequency of inspections is not specified for any of the programs, instead, CalRecycle reviews regulated entities throughout the state. When violations are identified, CalRecycle uses a progressive enforcement approach, providing an opportunity for the violations to be corrected. Regulated entities that do not correct violations are subject to additional enforcement actions, including issuing penalties.
CalRecycle inspects program participants (manufacturers, wholesalers, and retailers) to verify compliance with program requirements. Manufacturers must be listed on CalRecycle’s website as compliant to sell or offer to sell carpet in California. 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. Wholesalers and retailers must meet several standards, including monitoring CalRecycle’s website to ensure the carpet they sell is from compliant, registered manufacturers. If a manufacturer, wholesaler, or retailer is not in compliance, a Notice of Violation is issued. If the participant fails to achieve compliance after a follow-up review or inspection, enforcement actions may be taken, including the issuance of penalties.
CalRecycle inspects program participants (manufacturers, recyclers, renovators, wholesalers, and retailers) to verify compliance with program requirements. Manufacturers and renovators, along with their brands, must be listed on CalRecycle’s website as compliant to sell mattresses and foundations in California. CalRecycle verifies that manufacturers and renovators offering for sale or selling in California are participating in an approved product stewardship program or have their own approved plan. Wholesalers and retailers must meet several standards, including monitoring CalRecycle’s website to ensure the mattresses, foundations, and futons they sell are from compliant manufacturers and renovators. If a manufacturer, recycler, renovator, wholesaler, or retailer is not in compliance a Notice of Violation is issued. If the participant fails to achieve compliance after a follow-up review or inspection, enforcement actions may be taken, including the issuance of penalties.
CalRecycle inspects program participants (manufacturers, wholesalers, and retailers that are selling architectural paint in California) to verify compliance with program requirements. Manufacturers must be listed on CalRecycle’s website as compliant to sell or offer for sale architectural paints in California. 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 meet several standards, including monitoring CalRecycle’s website to ensure the paint they sell is 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 after a follow-up review or inspection, enforcement actions may be taken, including the issuance of penalties.
CalRecycle inspects program participants (manufacturers, distributors, wholesalers, pharmacies, and retailers) to verify compliance with program requirements. 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. Distributors, wholesalers, pharmacies, and retailers must meet requirements, including monitoring CalRecycle’s website to ensure the covered products they sell are from compliant manufacturers. If a manufacturer, distributor, wholesaler, pharmacy or retailer is not in compliance a Notice of Violation is issued. If the participant fails to achieve compliance after a follow-up review or inspection, enforcement actions may be taken, including the issuance of penalties.
CalRecycle began enforcement of the Pharmaceutical Program in 2022. This includes verifying the compliance of known manufacturers. This results in manufacturers documenting compliance by participating in an approved stewardship plan or documenting that they are not regulated. CalRecycle continues investigations for those manufacturers that do not demonstrate compliance.
CalRecycle inspects program participants (manufacturers, distributors, wholesalers, pharmacies, and retailers) to verify compliance with program requirements. 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. Distributors, wholesalers, pharmacies, and retailers must meet requirements, including monitoring CalRecycle’s website to ensure the covered products they sell are from compliant manufacturers. If a manufacturer, distributor, wholesaler, pharmacy, or retailer is not in compliance a Notice of Violation is issued. If the participant fails to achieve compliance after a follow-up review or inspection, enforcement actions may be taken, including the issuance of penalties.
CalRecycle began enforcement of the Sharps Program in 2022. This includes verifying the compliance of known manufacturers. This results in manufacturers documenting compliance by participating in an approved stewardship plan or documenting that they are not regulated. CalRecycle continues investigations for those manufacturers that do not demonstrate compliance.
Rigid Plastic Packaging Containers (RPPCs) Program Updates
CalRecycle oversees product manufacturers’ efforts to comply with California’s Rigid Plastic Packaging Containers ("RPPC") law, Public Resources Code sections 42300 through 42345. Manufacturer efforts can include the use of postconsumer recycled plastic resin in the manufacturing of RPPCs or the reduction of the total plastic used in product packaging. The law covers all products except food, infant formula, drugs, medical devices, cosmetics, toxic, and hazardous products. CalRecycle’s oversight is implemented through a three-phase process: Registration, Pre-Certification, and Compliance Certification.
CalRecycle focused resources on increasing Pre-Certification and Compliance Certification reviews. Research to identify and register product manufacturers was conducted, as resources permitted.
CalRecycle notified product manufacturers that they may be selected to certify compliance in the coming measurement period. This one-year advance notice allows product manufacturers to review the RPPC requirements to ensure that their RPPCs comply with the law.
CalRecycle selected and notified product manufacturers of their requirements 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 next year) that their RPPCs meet at least one of the compliance options, including, but not limited to, using 25 percent postconsumer material in the RPPCs or reducing container weight by 10 percent.
CalRecycle received compliance certifications for last year’s measurement period by the April 1 submission date. Throughout the year, CalRecycle reviewed the submittals and referred violations to CalRecycle’s Legal Office for enforcement. Staffs’ compliance determination reviews continued into the following year. Results of these efforts will be reported in subsequent CalRecycle Enforcement Reports.
Product manufacturers found in noncompliance may be assessed penalties. Violations of the RPPC program are public offenses and are punishable by fines not to exceed $100,000 annually. Product manufacturer violations can include but are not limited to: late or nonsubmittal of any phase of the certification process; submittal of incomplete and/or inaccurate certifications; container compliance option violations; and/or submittal of false or misleading information. Container manufacturers that provide product manufacturers with false or misleading information can be found in violation of the RPPC law. Container manufacturers may be found subject to the same penalties and fines that are imposed upon product manufacturers should CalRecycle determine that a container manufacturer provided false or misleading information.
Information on finalized RPPC enforcement actions is located on CalRecycle’s Enforcement Orders webpage at: CalRecycle Enforcement Orders
Local governments submit an annual report to CalRecycle summarizing the implementation of their waste diversion plans to comply with their respective per capita disposal targets. CalRecycle reviews each local jurisdiction’s progress in implementing its unique diversion programs and in sustaining or achieving compliance. Based on that review, CalRecycle may determine that a local jurisdiction will benefit from a compliance evaluation sooner. However, all local jurisdictions will have a compliance evaluation at least once every four years. Should noncompliance be determined, CalRecycle could issue a Notice of Violation and, if the local jurisdiction is eligible, a Corrective Action Plan. If the local jurisdiction fails to fulfill the terms of the Notice of Violation and/or Corrective Action Plan, the local jurisdiction may be subject to penalties.
No compliance evaluations commenced in 2022; however, three Compliance Orders were resolved for Compton, El Segundo, and Maywood.
SB 619 (Laird) was implemented in 2022 which allowed local jurisdictions to submit a Notice of Intent to Comply by March 1, 2022, which disclosed if the local jurisdiction violated the SB 1383 regulations along with the reason(s) why and a plan to become compliant. If the application was approved, the local jurisdiction would be relieved from administrative civil penalties for the calendar year 2022 if the local jurisdiction adhered to their Corrective Action Plan. CalRecycle worked with the local jurisdictions on their Corrective Action Plans throughout 2022 and 2023.