Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 6. Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests

Article 8.5. Waste Tire Hauler Registration and Manifesting Requirements for Used and Waste Tire Haulers, Retreaders, Used and Waste Tire Generators, and Used and Waste Tire End-Use Facilities

Section 18459. Waste Tire Manifest System Requirements.
(a) The Board will provide blank CalRecycle 203 forms at the time of initial or renewed waste tire hauler registration. These forms will be provided at no cost. Additional forms may be obtained from the Department by request.

(1) In lieu of the first paragraph of Subsection (a), if approved on an individual basis by the Department pursuant to the CTL Form requirements of this section, may substitute their own functionally equivalent EDT form, once approved by the Department, in lieu of the Department required form and submit an electronic report within ninety (90) days of the load shipment to the Department. The hauler shall provide a copy of their Department approved form to the generator or end-use facility for every used or waste tire transaction.

(b) The Manifest Form shall be completed and signed under penalty of perjury by the appropriate representative, and accompany each shipment of used or waste tires from the point of origin to the facility.

(c) The following persons and entities shall comply with the Waste Tire Manifest System:

(1) used or waste tire hauler when hauling any amount of used or waste tires at any one time with a registered vehicle;

(2) used or waste tire generator;

(3) Federal, State, and local governments when hauling 10 or more used or waste tires at any one time;

(4) person hauling 10 or more used or waste tires at any one time for agricultural purposes;

(5) exempted common carrier when hauling 10 or more used or waste tires at any one time;

(6) a facility when accepting 10 or more used or waste tires at any one time;

(7) any person not included in Section 18459 (c)(1) through (6) who gives, contracts, or arranges to have 10 or more used or waste tires transported;

(8) any person not included in Section 18459 (c)(1) through (6) who accepts 10 or more used or waste tires;

(9) Retreader when hauling any amount of used or waste tires at any one time with a registered vehicle.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Section 18459.1. Tire Program Identification Number.
(a) On or after July 1, 2003, every waste tire generator shall apply for and obtain a CalRecycle assigned Tire Program Identification Number for each location from which used or waste tires are generated and transported from. Each separate business location shall be assigned a unique site specific Tire Program Identification Number. The Department shall issue a Tire Program Identification Number certificate for each location, which shall be posted by the operator in a conspicuous place.

(b) On or after July 1, 2003, every end-use facility shall apply for and obtain a CalRecycle issued Tire Program Identification Number for each location where used or waste tires are accepted. Each separate business location shall be assigned a unique site specific Tire Program Identification Number.

(c) Every waste tire hauler shall be assigned a CalRecycle issued Tire Program Identification Number, if not already assigned, at the time of registration.

(d) Every waste tire generator, or end-use facility shall submit written notification to the Department upon any change of business operator or owner, business name, business address, or mailing address within 10 days of the change.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

18459.1.2. Electronic Data Transfer and Web-Based Data Entry Requirements.
(a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Department in lieu of the required Comprehensive Trip Log requirements with the following provisions:

(1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry Program.

(2) The business shall be in good standing with the Department and have no final administrative, civil, or criminal actions taken by the Department or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations.

(3) The waste tire generator, waste tire hauler, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically.

(4) The Business entity may use their own functionally equivalent form, once approved by the Department, in lieu of the Department required form.

(b) The Department may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c).

(c) Any falsification, misrepresentation, or omission of a fact to the Department, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry Program or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry Programs.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18459.2.1. Submittal of the Manifest Form to the Department.
As provided in this section, the Manifest Form as defined in Section 18450 of this Article shall be submitted to the Department by the waste tire hauler.

(a) The waste tire hauler shall submit the completed original CTL Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall be in the waste tire hauler's possession while transporting used or waste tires and shall be shown upon demand to any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Department.

(b) If approved by the Department pursuant to Public Resources Code Section 42961.5, any person that is subject to the requirements set forth in above (a) may substitute their own functionally equivalent EDT form, once approved by the Department, in lieu of the Department required form and submit an electronic report within ninety (90) days of the load shipment to the Department, in lieu of submitting the required paper form pursuant to Section 18459.1.2. The electronic report shall include all information required to be on the CTL Form.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Section 18459.3. Maintenance of Manifest Forms.
(a) The waste tire generator, and end-use facility shall retain a copy of the completed Manifest Form at their place of business. Manifest Forms shall also be retained for three (3) years. These records shall be made available to any authorized representative of the Department upon request.

(b) The waste tire hauler shall retain a copy of the completed Manifest Form at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Department upon request.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Section 18460.1. Waste Tire Manifest System Requirements for Agricultural Uses Exemption.
(a) As provided in Section18459(b), the agricultural exempt waste tire hauler shall not transport 10 or more used or waste tires without having a copy of the Manifest Form in the vehicle while transporting the used or waste tires. The Manifest Form shall be shown upon demand to any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Department.

(b) The agricultural exempt waste tire hauler shall leave one copy of the Manifest Form with the waste tire generator, or end-use facility after the form has been completed with the required information.

(c) The agricultural exempt waste tire hauler shall submit the completed Manifest Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall contain the signature of the agricultural exempt waste tire hauler representative.

(d) The agricultural exempt waste tire hauler may destroy the "hauler" copy of the Manifest Form upon reaching the end-use facility.

(e) The agricultural exempt waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(f) The agricultural exempt waste tire hauler shall contact the Department and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not provide the required information to the agricultural exempt waste tire hauler so that the Manifest form can be completed properly.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Section 18460.1.1. Waste Tire Manifest System Requirements for Common Carrier Exemption.
(a) As provided in Section18459(b), the common carrier approved for exemption pursuant to Public Resources Code Section 42954 shall not transport 10 or more used or waste tires without having a copy of the Manifest Form in the vehicle while transporting the used or waste tires.

(b) The exempt common carrier shall leave one copy of the Manifest Form with the waste tire generator, or end-use facility after the form has been completed with the required information. The common carrier is required to have in their possession a completed Manifest Form while transporting 10 or more used or waste tires. The Manifest Form may be kept with the trailer, as defined in Section 630 of the Vehicle Code, if the Manifest Form is readily accessible to the driver, any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Department.

(c) In lieu of Subsection (b), the waste tire generator is authorized by the Department to complete the Manifest Form in advance, including the end-use facility destination information on behalf of the exempt common carrier. This transport process may commonly occur at ports. The waste tire generator shall retain the generator portion of the Manifest Form for their records, submit the CalRecycle copy to the Department within 90 days of the initial shipment, and give the end use facility portion of the manifest and the hauler portion of the manifest to the exempt common carrier prior to shipment of the tires to the end-use facility. The common carrier shall retain their portion of the completed Manifest Form for their records.

(1) The exempt common carrier will have the end-use facility and hauler portions of the Manifest Form in their possession until reaching the final destination.

(2) This process does not alleviate the exempt common carrier of their responsibility to follow the manifesting requirements of this Chapter should the generator fail to follow the process outlined in this subsection.

(d) The waste tire generator shall not contract with the exempt common carrier to transport used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(e) The exempt common carrier shall not transport used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(f) Except as provided in Subsection (c), the common carrier shall submit the completed original Manifest Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall contain the signature of the common carrier representative.

(g) The common carrier shall contact the Department and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility that does not provide the required information to the exempt common carrier so that the Manifest Form can be completed properly.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Section 18460.2. Waste Tire Manifest System Requirements for Waste Tire Haulers.
(a) The registered waste tire hauler shall show the used or waste tire generator or end use facility the waste tire hauler registration for the vehicle being used to transport used or waste tires, if requested.

(b) The registered waste tire hauler shall complete a new Manifest Form for each pick-up or delivery of any used or waste tires in accordance with the directions on the form. The waste tire hauler shall not transport any used or waste tires without having a copy of the Manifest Form in the vehicle transporting the used or waste tires.

(c) A vehicle may contain used or waste tires from different used or waste tire generators. Used or waste tires from each generator shall be accompanied by their own Manifest Form from the point of origin.

(d) The waste tire hauler shall leave one copy of the Manifest Form with the used or waste tire generator, or end-use facility after the form or receipt has been completed.

(e) The waste tire hauler shall keep one copy of the completed Manifest Form.

(f) The waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(g) The waste tire hauler shall contact the Department and provide the name of the company, name of the person, and phone number of the waste tire generator, or end-use facility who does not provide the necessary information to the hauler so that the Manifest Form can be completed properly.

(h) The waste tire hauler shall not transport the used or waste tires without a properly completed Manifest Form.

(i) Those used and waste tire haulers exempt from registration pursuant to Public Resources Code section 42954 shall be required to comply with the manifest requirements of Subsections (b) through (h) if they haul 10 or more used or waste tires, but will not be allowed to participate in the electronic reporting as provided in Subsection (j).

(j) As provided in Section 18459(a)(1), the registered waste tire hauler may substitute their own functionally equivalent form, once approved by the Department, and substitute an electronic report for the Comprehensive Trip Log.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42951, 42954, 42956, and 42961.5, Public Resources Code.

Section 18461. Manifest System Requirements for Waste Tire End-Use Facilities.
The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following:

(a) As provided in Section18459.3.(a), an end-use facility shall retain a copy of the Manifest Form provided by the registered hauler.

(b) The end-use facility may accept the used or waste tires from waste tire hauler(s) who are not registered with the Department and/or have no manifest as provided below:

(1) If used or waste tires are received from a registered hauler that does not have a Manifest Form, the end use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CalRecycle 204) within 48 hours of the tire delivery and submit the CalRecycle 204 form to the Department within 90 days.

(2) The end-use facility shall complete the CalRecycle 204 and submit it to the Department within 30 days of the acceptance of 10 or more used or waste tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 used or waste tires to the end-use facility.

(3) If the person is hauling more than 20 used or waste tires under the written authorization of a Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the CalRecycle 204 and submit the form to the Department within 30 days of the acceptance of used or waste tires from that person.

(c) End-use facility operators shall make available for review by the waste tire hauler any Department issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of used or waste tires on the site.

(d) If the End-use facility completes and submits a CalRecycle 204 under the requirements of this section, the End-use facility operator shall retain a copy of the completed CalRecycle 204 at the place of business for a period of 3 years and the form must be made available to the Department, or any representative of the CalRecycle, upon request.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.

Section 18462. Manifest System Requirements for Waste Tire Generators.
(a) A waste tire generator shall not give, contract, or arrange with another person to transport used or waste tires unless that person is a registered waste tire hauler or is exempt under Public Resources Code Section 42954.

(b) As provided in s 18459.3(a), a waste tire generator shall retain a Department approved EDT form or a completed CTL Form provided by the used or waste tire hauler at their place of business for 3 years.

(c) If used or waste tires are removed from the generator's location by a registered waste tire hauler and a completed Manifest Form is not provided, the generators shall complete a CalRecycle 204 form within 48 hours of the tire removal and submit the CalRecycle 204 form to the Department within 90 days.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42954, 42961.5, and 42962, Public Resources Code.

Section 18463. Civil Penalties.
Any waste tire generator, end-use facility, or waste tire hauler, or any party or person who commits any of the following acts shall be liable for a civil penalty:

(a) Intentionally, or negligently violates any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposal of used or waste tires.

(b) The aiding or abetting, or allowing of any violation, or noncompliance with any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposals of used or waste tires.

(c) Any violation of, or noncompliance with any order issued by the Department or by a hearing officer or a court relating to the generation, transportation or disposal of used or waste tires.

(d) Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for a waste tire hauler registration, Manifest Form, Unregistered Hauler & Comprehensive Trip Log Substitution Form, or in information regarding these matters subsequently reported to the Department.

(e) In addition to liability for a civil penalty, the Department may:

(1) File a claim against any registered waste tire hauler surety bond for activities resulting from the illegal disposal of tires or injury.

(2) Deny, suspend, or revoke a waste tire hauler registration.

Note:

Authority cited:
Sections 40502, 42962, 42966, and 43020, Public Resources Code.

Reference:
Section 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18464. Amount of Civil Penalties and Administrative Penalty Schedule
(a) Civil penalties may be imposed administratively with the following penalty tables:

(1) For used and waste tire haulers, tire generators, and end-use facilities, using Penalty Table I:

(A) Determine what violations have occurred.

(B) Determine the number of violations or offenses that have occurred.

(C) Add up the penalties to determine the applicable fine.

(2) For unregistered used and waste tire haulers, using Penalty Table II:

(A) Determine the number of violations or offenses.

(B) Find the number of tires hauled for each load.

(C) Determine whether any other violations listed in Table I have occurred and add that fine to the fine from Table II to determine the total fine.

(b) For administrative hearings held pursuant to Public Resources Code Sections 42960 and 42962, a person waives the right to a hearing when that person fails to submit to the Department a Notice of Defense pursuant to Government Code section 11506 or CalRecycle Request for Hearing form within 15 days of service of the administrative complaint on that person.

Note:

Authority cited:
Sections 40502, 42962, 42966, and 43020, Public Resources Code.

Reference:
Sections 42960 and 42962, Public Resources Code; and Section 11506, Government Code.

Section 18465. Criteria to Impose a Civil Penalty
In assessing the amount of civil penalty, factors to be considered shall include, but are not limited to, the following:

(1) The nature, circumstances, extent, and gravity of the violation.

(2) Evidence that the violation was willful or negligent.

(3) The good or bad faith exhibited by the party.

(4) History of violation of the same or similar nature.

(5) The extent to which the party has cooperated with the Board in remediating the violation.

(6) The extent that the party has mitigated or attempted to mitigate any damage or injury caused by his or her violation.

(7) Evidence of any financial gain resulting from the violation.

(8) Such other matters as justice may require.

Note:

Authority cited:
Sections 40502, 42962, and 43020, Public Resources Code.

Reference:
Sections 42962, Public Resources Code.

Section 18466. Procedure for Imposing Civil Penalties.
(a) Civil Penalties may be administratively imposed in accordance with the procedures outlined in the Administrative Procedure Act at Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code with the exception of Government Code Section 11505(c).

(b) The accusation or complaint and all accompanying documents may be served on the respondent by the following means:

(1) Personal service.

(2) Substitute service by using the same service procedures as described in Section 415.20 of the Code of Civil Procedure.

(3) Certified Mail: For respondents who are registered waste or used tire haulers, certified mail or registered mail if the letter containing the accusation or complaint and accompanying material is mailed, addressed to the respondent at the latest facility or mailing address(es) provided in the current year’s waste tire hauler registration application (form CalRecycle 60) on file with the Department. Any address provided on the current year’s waste tire hauler registration application may be used for service of process against a waste or used tire hauler, even if that hauler’s actions occur while in the role of a waste tire generator or waste tire end-use facility. Proof of service of the accusation or complaint shall be the certified mail receipts or registered mail receipts proving the accusation or complaint and accompanying materials were sent to respondent by certified mail or registered mail. For respondents who are unregistered used or waste tire haulers, generators and end use facilities that do not provide a current year’s waste tire hauler registration application to the Department, certified mail or registered mail pursuant to the procedures indicated in the Administrative Procedure Act at Section 11505(c) of the Government Code applies.

(c) Civil penalties may be imposed pursuant to the Public Resources Code Section 42962 in the discretion of the trier of fact in the civil proceeding.

Authority cited:
Sections 40502, 42962, 42966 and 43020, Public Resources Code.

Reference:
Sections 11500, Government Code; and Section 42962, Public Resources Code.

Article 8.5, Sections 18449-18458 | Title 14 Home | Regulations Home