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Penalties will be imposed after all other compliance actions have failed. If a jurisdiction does not meet NOV or CAP deadlines, CalRecycle has another opportunity to exercise enforcement discretion by determining when to commence an action to impose penalties. When CalRecycle commences an action to impose administrative civil penalties, it shall serve an accusation and hold a hearing—if requested by the respondent (roughly, a 180-day process).' There are three levels of penalties that may be assessed: Minor, Moderate, or Major. • A "Minor" violation means a violation involving minimal deviation from the standards where the entity failed to implement some aspects of a requirement but has otherwise not deviated from the requirement. The penalties for this type of violation are no less than five hundred dollars ($500) per violation and no more than four thousand dollars ($4,000) per violation per day. • A "Moderate" violation means a violation involving moderate deviation from the standards and is a violation which is not a minor violation or a major violation. The penalties for this type of violation are no less than four thousand dollars ($4,000) per violation and no more than seven thousand five hundred dollars ($7,500) per violation per day. • A "Major" violation means a violation that is a substantial deviation from the standards 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. The penalties for this type of violation are no less than seven thousand five hundred dollars ($7,500) per violation per day and no more than ten thousand dollars ($10,000) per violation per day. A major violation will always be deemed to include the following types of violations: (A) A jurisdiction fails to have any ordinance or similarly enforceable mechanism for organic waste disposal reduction and edible food recovery. (B) A jurisdiction fails to have a provision in a contract, agreement, or other authorization that requires a hauler to comply with the requirements of the law. (C) A jurisdiction fails to have an edible food recovery program. (D) A jurisdiction fails to have any Implementation Record. Information regarding Enforcement on local jurisdictions by the State of California is referenced from CalRecycle-s SB 1383 Compliance Process https://www 2.calrecycle.ca.gov/Search,°q=complaince+process+for+sb+1383#gsc.tab=0&gsc.q=complaince%20pr ocess%20for%20sb%201383&esc.page=1 Page 4 of 9