CalRecycle-enforced penalties on Jurisdictions
Under the SB 1383 regulations, if CalRecycle determines a jurisdiction is violating one or more of the requirements in the bill, the following will apply:
- A jurisdiction will be notified and will have 90 days to correct.
- Most violations should be able to be corrected in this timeframe. For cases where the jurisdiction may need a little additional time, the time frame can be expanded to 180 days
- For violations that are due to barriers outside the jurisdictions control and which may take more time to correct, the regulations allow for the jurisdiction to be placed on a Corrective Action Plan (CAP), allowing up to 24 months to comply. In these cases, it must be apparent that the jurisdiction has taken substantial effort to comply but cannot due to extenuating circumstances (such as a lack of capacity, disaster).
- An initial corrective action plan issued due to inadequate capacity of organic waste recovery facilities may be extended for a period of up to 12 months if the jurisdiction meets the requirements and timelines of its CAP and has demonstrated substantial effort to CalRecycle.
Violations levels and penalties vary, as follows:
- A “Minor” violation means a violation involving minimal deviation from the standards in the bill, where the entity failed to implement some aspects of a requirement but has otherwise not deviated from the requirement.
Fee: $500-$4,000 - A “Moderate” violation means a violation involving moderate deviation from the standards of the bill. A violation which is not a minor violation or a major violation shall be a moderate violation.
Fee: $4,000-$7,500 - A “Major” violation means a violation that is a substantial deviation from the standards of the bill that may also be knowing, willful or intentional or a chronic violation by a recalcitrant violator as evidenced by a pattern or practice of noncompliance.
Fee: $7,500-$10,000
Jurisdiction-enforced penalties on Food Donors
Following the same definitions of violations as defined in “CalRecycle-enforced penalties on Jurisdictions,” fees are as follows:
- “Minor” violation
Fee: $50-$100 - “Moderate” violation
Fee: $100-$200 - “Major” violation
Fee: $250-$500