As witnessed above, unlicensed auto dismantlers not only affect the auto recycling industry, they affect local neighborhoods where residents may be exposed to toxic chemicals.
Resources Control Board, Department of Resources Recycling and Recovery, California Air Resources Board , and California Department of Tax and Fee Administration. Since July 2017, DMV investigators have opened over 700 cases, 605 of which involved unlicensed automobile dismantling. So far, these cases have led to 370 citations for violations of unlicensed dismantler laws and other assorted crimes. Violators face a penalty of up to one year in jail and a fine of up to $1,000. Environmental viola- tions can carry a civil penalty of $25,000 per violation and fines ranging from $5,000 to $100,000. “It is against the law for anyone to act as a vehicle dis- mantler without having an established place of business, meeting specific requirements, and having a current valid license or temporary permit issued by the Department of Motor Vehicles,” DMV Investigations Acting Deputy Director Mary Bienko said. “The sole mission of our Vehicle Dismantler Industry Strike Team is to identify and shut down unlicensed vehicle dismantlers.” In San Diego County, DMV investigators inspected 52 Otay Mesa vehicle dismantler businesses and issued 23 misdemeanor citations in January.
An estimated 1.2 million vehicles reach the end of their useful life annually. Toxic substances experts calculate that about 1,000 unlicensed and unregulated vehicle dismantlers process roughly 360,000 vehicles per year. These unlicensed locations generate an estimated 2 mil- lion gallons of toxic liquid such as used oil, antifreeze and solvents, which are often disposed of in storm drains or on the ground. This can lead to the contamination of nearby streams, drinking water, groundwater, and the environment.
The DMV also unveiled a statewide public awareness campaign to inform the public of the health and safety risks posed by unlicensed vehicle dismantling. The DMV
52 // March-April 2019
asks the public to report unlicensed vehicle dismantling activity by completing the online complaint form. During the inspections of unlicensed vehicle disman-
tlers, investigations observed the mismanagement of haz- ardous waste and disposal of vehicle fluids on the ground. Containers of hazardous waste were found to be unla- beled, lacking lids and stored for more than 180 days. “Unlicensed auto dismantlers not only affect the auto and recycling industries, they affect local neighborhoods where residents may be exposed to toxic chemicals and see the environmental damage,” said Hansen Pang, Chief Investigator with Department of Toxic Substances Control.
Bienko said that a defective auto part could possibly contribute to a serious accident. “This is a major safety concern,” she said. Economically, this underground industry prevents the state from collecting millions of dollars in sales tax and creates unfair competition because they can sell parts cheaper. These operations do not pay workers’ compen- sation nor provide insurance, and they pay salaries under the table. “As long as there is metal, the car will have value, whether the components work or not,” DMV Investiga- tions Division Area Commander Randy Vera said. “For example, a Mercedes involved in a wreck may not be drivable, but its front headlight could easily sell for $200 and the airbag for as much as $2,000. There is a huge monetary incentive for these unlicensed dismantlers.”
Artemio Armenta is the Public Information Officer for the California Department of Motor Vehicles. The facts in this article have been updated since this article originally ran in the Summer 2018 edition of Law
Enforcement Quarterly, a publication by the San Diego County District Attorney’s Office.
Automotive Recycling
ENFORCEMENT
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