Enforcement
Cal. PRC § 42425.1
California Statutes
(
a) The department may impose an administrative civil penalty on a producer, program operator, stewardship organization, manufacturer, distributor, retailer, importer, recycler, or collection site that is in violation of this chapter. The amount of the administrative civil penalty shall not exceed ten thousand dollars ($10,000) per day, but, if the violation is intentional, knowing, or reckless, the department may impose an administrative civil penalty of not more than fifty thousand dollars ($50,000) per day. The department shall establish, through regulations adopted by the department pursuant to
Section 42420.2, a process that shall include an informal hearing process by which the penalties will be assessed. (
b) The department shall deposit all penalties collected pursuant to this
section into the Covered Battery Recycling Penalty Account, which is hereby created in the Covered Battery Recycling Fund. These moneys shall be available for expenditure upon appropriation by the Legislature. (
c) This
chapter does not limit or restrict the Department of Toxic Substances Control’s enforcement authority pursuant to
Chapter 6.5 (commencing with
Section 25100) of Division of the Health and Safety Code and its implementing regulations. (
d) The Administrative Adjudication Bill of Rights, as set forth in
Article 6 (commencing with
Section 11425.10) of
Chapter 4.5 of Part of Division of Title of the Government Code, applies to hearings conducted under this
chapter and mandates minimum due process.