CalRecycle staff or the Tire Enforcement Agency (TEA) Grantee will conduct an inspection/audit of the Tire Hauler, Generator, or End-use Facility (site).
If the hauler is found to be in compliance, no further action is required. If the hauler is not in compliance, either a Notice of Violation (NOV) is issued in a site inspection report or a Letter of Violation (LOV) is issued by CalRecycle staff.
If the hauler complies, then no further enforcement action is taken. If the hauler does not comply, a Streamlined Penalty Letter (SPL) may be issued, if specific criteria are met.
If the hauler violation does not meet the SPL criteria, an Administrative Complaint (AC) will be served and the matter will be heard by an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH). If the hauler accepts the offer set forth in the SPL, the hauler is in compliance. If the hauler does not accept the offer in the SPL, an AC will be served and the matter will be heard by an ALJ at the OAH. The ALJ will make an administrative decision.
If the site is found to be in compliance, no further action is required. If the site is not in compliance, a NOV is issued in a site inspection report.
If the site operator complies, no further enforcement action is taken. However, if the operator fails to comply with the NOV, a Clean-up & Abatement Order (CAO) may be issued. If the operator complies with the CAO, no further enforcement action is required. If the operator does not comply, an AC will be served and the matter will be heard by an ALJ at the OAH where the ALJ will make an administrative decision.
In certain cases, the Department may, instead of an AC;
- Request that the local District Attorney file a criminal complaint, which will be resolved in criminal court where the judge will render a decision; or
- Request the Attorney General’s Office file an Injunction in Superior Court where the judge will make a decision.
It should be noted that, once the Department requests these additional enforcement actions from either the District Attorney or Attorney General, the Department no longer controls the management or timing of the pending case.