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On July 21, 2004 the Office of Administrative Law approved the
regulations and filed them with the Secretary of State. The regulations are
effective as of July 21, 2004.
Description
Revision of existing waste tire hauler registration and manifest
regulations to establish the amount of administrative penalties imposed
against waste and used tire haulers who have violated applicable laws. In
addition, revisions have been made to the manifest regulations. The proposed
changes implement, interpret and make specific the provisions of Chapter
838, Statutes of 2000 (Escutia, SB 876), as well as correct errors, add
language to make the regulations more functional, and delete unnecessary
language.
Affected Regulatory Code Sections
Title
14, California Code of Regulations, Division 7, Chapter 6, Article 8.5
Rulemaking Documents
Final Text, July 2004 (Adobe PDF,
107 KB): Final text approved by OAL on July 21, 2004
Final Statement of Reasons, June 2004 (Adobe
PDF, 77 KB): Updated Statement of Reasons explaining the purpose and
intent of the regulations.
Updated Informative Digest, June 2004 (Adobe
PDF, 81 KB): Updated summary of the preceding laws and regulations
relating to the regulations and the effect of the regulations.
Notice of 15-day comment period,
April 2004 (Adobe
PDF, 19 KB | MS Word, 137 KB). Notice of
comment period from April 20 through May 5, 2004.
Proposed Text, April 2004 (Adobe
PDF, 41 KB | MS Word, 92 KB). Proposed
regulatory text for 15-day comment period.
Notice of Proposed Rulemaking, January 30,
2004 (Adobe
PDF, 34 KB | MS Word, 156 KB). Published in the
California Regulatory Notice Register January 30, 2004. References the
proceedings, statutory authority, an informative digest describing
existing laws, any mandates and the effect of the proposed action on small
business.
Initial Statement of Reasons, January 2, 2004 (Adobe
PDF, 26 KB | MS Word, 64 KB). A statement of
the specific purpose and the rationale for the determination that this
regulation is necessary to carry out the purpose for which it is proposed.
Any alternatives considered and technical documents are also noted here.
Draft text of proposed regulations, January 2, 2004 (Adobe
PDF, 28 KB | MS Word, 77
KB). Proposed regulatory text for
45-day public comment period.
Rulemaking History
At the
January
14, 2003 Board meeting the Board voted to adopt emergency regulations
which would allow the Board to establish the amount of administrative
penalties imposed against waste and used tire haulers (tire haulers) who
have violated applicable laws. The emergency regulations were filed with the
Secretary of State's Office on March 6, 2003. The emergency regulations are
effective through July 1, 2004, based on the most recent extension granted
by the Office of Administrative Law.
The emergency regulations with additional changes to the manifesting
requirements were presented as draft regulations at the
June 10,
2003, Special Waste Committee meeting for discussion and request for
direction to formally notice the regulations for a 45-day comment period.
The committee directed staff to formally notice these regulations.
A 45-day public review and comment period was noticed in the California
Regulatory Notice Register on January 30, 2004. Board staff conducted a
public hearing on March 19, 2004 in Sacramento.
Public comments from the March 19 public hearing were presented to the
Board at its
April
13-14, 2004, meeting along with additional staff changes. The Board
directed staff to notice the latest proposed changes for a 15-day comment
period. The comment period ran from April 20 to May 5, 2004.
At its
May
11-12, 2004, meeting, the Board adopted the regulations with the changes
from the 15-day comment period. The regulation package is now pending the
approval of the Office of Administrative Law.
On July 21, 2004 the Office of Administrative Law approved the
regulations and filed them with the Secretary of State. The regulations are
effective as of July 21, 2004.
More Information: Waste Tire Manifest
System |