California Department of Resources Recycling and Recovery (CalRecycle) 

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

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

Article 1. General

Section 18420. Applicability.

(a) The operator of a waste tire facility shall acquire a waste tire facility permit in accordance with the requirements of this Chapter and Public Resources Code section 42808, unless any of the following conditions exist:

(1) The waste tires are stored within the boundaries of, or disposed at, a permitted solid waste disposal facility or stored within the boundaries of a permitted transfer station which receives less than 150 waste tires per day averaged over a 365-day period. If waste tires are stored within the boundaries of a solid waste facility, the permit of the solid waste facility shall conform to the requirements of Public Resources Code section 44004 and Division 7, Chapter 3, Article 5.5 of Title 14 of the California Code of Regulations, to reflect the storage of waste tires.

(2) The facility is using fewer than 5,000 waste tires for agricultural purposes and the waste tires have been rendered incapable of holding accumulations of water.

(3) The facility is storing fewer than 500 waste tires.

(4) The facility is a tire treading business and not more than 3,000 waste tires are kept on the premises.

(5) (Reserved)

(6) The facility is an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the premises of the auto dismantler for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dismantler's premises.

(7) The facility is a tire dealer who stores waste tires on the dealer's premises for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dealer's premises.

(b) For the purposes of determining the applicability of this Chapter 6, altered waste tires shall be counted as passenger tire equivalents as that term is defined in section 17225.770 of Title 14 of the California Code of Regulations.

(c) Operations authorized to use the enforcement agency notification tier as prescribed by sections 18103 and 18103.1 of Title 14 of the California Code of Regulations, that stores, stockpiles, accumulates or discards 500 or more waste tires shall comply with the waste tire facility permitting requirements set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, and Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations.

(d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9, 10 and 11 apply to operators and/or businesses described under Chapter 6, Article 1.

(e) A "used tire dealer" is only authorized to lawfully accept waste or used tires without a waste tire facility permit if the used tire dealer is in compliance with Section 17225.820, Article 4.1, Chapter 3 and has fewer than 1,500 waste tires in accordance with Public Resources Code section 42808(c).

Note:

Authority cited: Sections 40502, 42820, 42830 and 42966, Public Resources Code.
Reference: Sections 42806.5, 42808, 42820, 42830, 42831, 42832, 42950, and 44014, Public Resources Code.


Section 18420.1. Waste Tire Collection Location.

(a) Any amount of waste or used tires is in “collection” when temporarily placed in a fully enclosed container, on a lot identified by a unique assessor’s parcel number that is not part of:

(1) A permitted waste tire facility,

(2) A permitted solid waste facility,

(3) A facility identified in section 18420(a) of this Article, or

(4) An operation operating pursuant to a notification requirement prescribed by sections 18103 and 18103.1 of Title 14 of the California Code of Regulations.

(b) "Collection Location" means a location on which tires are being stored in collection in accordance with subsection (a), and includes the containers in which tires are placed and the area surrounding the containers on which tires are temporarily placed during unloading, sorting, and loading.

(c) The requirements of Division 7, Chapter 3, Article 5.5 of Title 14 of the California Code of Regulations shall not apply to a collection location if all of the following six (6) requirements are met:

(1) All waste and used tires onsite shall be kept in closed containers except while actively unloading, sorting, or loading.

(2) Containers shall be kept locked when not being unloaded, sorted, or loaded.

(3) Containers shall, at all times, be kept on or as part of a trailer for which a current, valid license plate has been issued by the Department of Motor Vehicles or an equivalent agency in another state or country.

(4) A waste or used tire transported to or from a collection location shall be manifested in accordance with Article 8.5 of this Chapter.

(5) Containers shall not remain onsite longer than 90 days.

(6) The total number of waste or used tires at a collection location, including, but not limited to, waste or used tires located in closed containers and on the ground, shall not exceed 4,999.

(d) Only whole waste or used tires that have not been altered, baled, or otherwise processed to become tire derived product or tire casings may be in “collection.”

(e) Nothing in this Article shall be construed as relieving any owner or operator from obtaining and operating under the terms and conditions of all use permits, business licenses, and other approvals required by applicable local governments.

(f) A person who owns or operates a collection location as defined in subsection (b) shall notify the Department in accordance with section 18431.2 of Article 4, Chapter 6, Division 7 of Title 14 of the California Code of Regulations. If there is a change to the information provided pursuant to California Code of Regulations section 18431.2, the operator or owner of the collection location shall report the change to the Department in writing within thirty (30) days from the date of the change.

(g) The owner or operator of a collection location shall notify the Department in writing of the intent to cease operations, thirty (30) days prior to discontinuing operations.

(h) A person responsible for discontinuing or dismantling a collection location shall properly remove all tire material to an authorized facility, in accordance with Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations, and shall notify the Department in writing when closure activity is complete.

Note:

Authority cited: Section 40502, 42820, 42830 and 43020, Public Resources Code.
Reference: Sections 42800, 42820, 42830 and 43020, Public Resources Code.


Article 2. Review of Permit Applications

Section 18423. Permit Application Filing.

(a) Every operator of a new major or minor waste tire facility shall submit to the Department a complete and correct waste tire facility permit application, as specified in Article 4 of this Chapter.

(b) Upon receipt of the application, the Department shall mark the application package with the date of receipt. Within 30 days of receipt, the Department shall examine the application package to determine whether it meets the requirements contained in this chapter and either accept the application as complete and correct or reject the application. If the Department finds the application meets the requirements, the application shall be accepted as complete and correct. If the Department determines that the application does not conform to the applicable requirements, it shall notify the applicant in writing enumerating the grounds for rejection.

(c) The operator of a waste tire facility may, at any time, withdraw a certification or permit revision application by submitting a written request to the Department. An applicant may not withdraw an application for revision if the Department requests the permit be revised pursuant to section 18427(b) or (f) of this Chapter.

(d) For purposes of this Chapter, "Complete and Correct" means all information provided by the applicant regarding the waste tire facility is accurate, exact, and fully describes all parameters of the waste tire facility.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code.


Section 18424. Permit Application Amendments.

(a) At any time after an application for a waste tire facility permit has been made and before issuance or denial of a permit or revision thereof, the applicant shall notify the Department of any changes to the required information on the application. Such notice shall be given by the filing of an amendment to the application.

(b) If the Department determines that the amendment significantly alters the nature of the application, the Department may deem the amendment a new application. The new application shall supersede the previous application. In this case the time for the Department to act on the new application shall be computed from the date of filing of the amendment.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code.


Article 3. Permit Issuance, Review, Revision, Revocation, Denial, Suspension, Reinstatement, Change of Owner, Operator, and/or Address

Section 18425. Permit Issuance.

(a) With the exception of subsection (d), within 180 days of accepting a complete and correct application, the Department shall either issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, unless the applicant requests an extension of time.

(b) Upon the applicant's compliance with this Chapter, the Department may make findings and issue the permit as provided in this Article. The permit shall specify the conditions under which the waste tire facility shall comply with applicable sections of the Public Resources Code and the California Code of Regulations.

(c) If the Department denies the issuanceof a permit, it shall accompany its denial with a written explanation of its action.

(d) If the Department is lead agency for the project as defined in Government Code section 65929, for which an environmental impact report shall be prepared pursuant to Public Resources Code section 21100, the Department shall have one year, from the date the application was accepted as complete and correct, to issue or deny the issuance of a permit in accordance with subsections (b) and (c), respectively. If there has been an extension of time pursuant to Public Resources Code section 21100.2 to complete and certify the environmental impact report, the Department shall issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, within 90 days after certification of the environmental impact report. This extension of time may be extended once for an additional period, not to exceed 90 days, upon consent of both the applicant and the Department.

(e) A copy of the current permit shall be made available upon request to the Department or an authorized employee or agent of the Department during an inspection of the facility.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42821, 42822, 42832, 42833, 42840, and 42841, Public Resources Code and Sections 15376 and 65920 through 65961, Government Code.


Section 18426. Permit Review.

(a) The operator of a permitted waste tire facility shall provide the Department at least once every five years:

(1) A certification in the form of a letter to the Department, signed by the operator under penalty of perjury, stating that the facility operations continue to conform to the terms of the permit and information in the permit application currently on file with the Department, or

(2) A permit revision application that only identifies proposed changes, in the manner prescribed in section 18427(c) of this Article.

(b) The operator of a permitted waste tire facility shall submit the certification or permit revision application to the Department at least 180 days prior to five years from the date the Department last issued, or approved a revision, or reviewed a certification of the permit.

(c) The operator of a waste tire facility that has a waste tire facility permit with an expiration date shall provide the submittals required by subsection (a) at least 180 days prior to the permit expiration date.

(d) If the Department, upon review of a certification submitted pursuant to subsection (a), determines that the waste tire facility operations no longer conform to the terms of the permit or the information in the permit application currently on file, the Department shall:

(1) Inform the operator of its decision and the basis for its decision within thirty (30) days of receipt of the certification, and

(2) Require the operator of the waste tire facility to submit a permit revision application.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840, Public Resources Code and Section 15376, Government Code.


Section 18427. Permit Revision.

(a) If a permittee proposes to make a substantial change in the design or operation of the waste tire facility, the operator of the waste tire facility shall apply for a revision of the permit. The application shall be made in the manner specified in sections 18423 and 18424, 18431, 18432, 18433 and 18434 of Article 4 of this Chapter.

Except as otherwise provided in this section, the Department shall review and process a permit revision application in the same manner as a new permit application.

(b) The Department may require a permittee to submit a permit revision application if a revision is required to reflect changed state or federal statutes or regulations applicable to the facility.

(c) A permit revision application shall only include required application documents as set forth in sections 18431, 18432, 18433, and 18434 of Article 4 of this Chapter that are necessary to reflect the changes in operations at the waste tire facility.

(d) The permittee shall notify the Department in writing of a waste tire facility's administrative change no later than seven (7) business days after the change is effective. An administrative change shall include but is not limited to, change to any information in the application that does not apply to the design or operation of the facility.

(e) If the Department determines that a waste tire facility administrative change requires a permit revision, it shall notify the applicant in writing within thirty (30) days of receipt of the administrative change notice.

(f) The Department may, at any time, require a permittee to submit a permit revision application if the Department finds that the facility operations no longer conform to the terms and conditions of the waste tire facility permit or the information in the waste tire facility permit application currently on file with the Department.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections [add section numbers here], Public Resources Code.


Section 18428. Change of Owner, Operator, and/or Address.

(a) Owners and/or operators of a facility who plan to sell, encumber, transfer or convey the ownership or operation of the facility or land to a new owner or operator, or who plan to change their address shall notify the Department 30 days prior to the date of the planned transaction. The new owner or operator is required to submit the following information:

(1) Name(s) and address(es), where notice may be sent, and phone number(s) of the new owner and/or operator;

(2) Documentation that the new owner and/or operator meets the financial assurance and operating liability requirements, when applicable;

(3) A signed affidavit certifying that the owner and/or operator has read the governing permit and conditioning documents and will operate in accordance with the terms and conditions of the existing waste tire facility permit and conditioning documents and that all new information submitted is correct; and

(4) Amendments to the application package to reflect the change in owner and/or operator, and/or facility name.

(b) The Department shall make the applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42820 and 42830, Public Resources Code.


Article 3.5. Waste Tire Facility Violations and Enforcement

Section 18429. Penalty Schedule.

(a) Applicability:

Any person violating any statute set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, or any regulation set forth in Chapter 3, or Chapter 6, Articles 1 through 7 or 9 through 11 of Title 14 of the California Code of Regulations, may be liable for a penalty set forth in this section, including but not limited to, an owner or operator of a waste tire facility (WT Facility).

(b) Capacity Violations at an Unpermitted Waste Tire Facility:

Use subsection (h), Table 1, to determine the base penalty for each violation of Public Resources Code sections 42823, 42824, 42833, 42834, and section 18420(a) of this Chapter. Multiply this base penalty by the applicable risk factor in subsection (h), Table 2.

(c) Storage and Disposal Violations at Permitted and Unpermitted Waste Tire Facility:

Use subsection (h), Table 3, to determine the penalty for each Division 7, Chapter 3, Article 5.5 violation. Add applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 3 that exist at the waste tire facility.

(d) Capacity Violations at a Permitted Waste Tire Facility:

Use subsection (h), Table 4, to determine the base penalty for each capacity violation at a permitted waste tire facility. Multiply this base penalty by the applicable risk factor in subsection (h), Table 2.

(e) Permit Review Submittal Violations at a Permitted Waste Tire Facility:

Use subsection (h), Table 5, to determine the penalty for a permitted waste tire facility that fails to submit a Permit Certification or Revision Application to the Department by the required deadline. If a permitted waste tire facility fails to submit a Permit Certification or Revision Application to the Department within 180 days after the date the permit is due for review: the current permit shall be deemed expired, the operator shall remove all waste tire material onsite in excess of 499 passenger tire equivalents as that term is defined in section 17225.770 of Title 14 of the California Code of Regulations, and the operator shall apply for a new waste tire facility permit before continuing operations.

(f) Financial Assurance Violations at a Permitted Major Waste Tire Facility:

Use subsection (h), Table 6, to determine the penalty for each Division 7, Chapter 6, Article 9 violation. Add applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 6 that exist at the waste tire facility.

(g) Other Waste Tire Facility Violations:

(1) Use subsection (h), Table 7, to determine a penalty for each violation other than capacity, storage and disposal, permit review submittal, and financial assurance. Determine applicable penalty amounts, in accordance with the criteria set forth in Public Resources Code section 42852, for all violations listed in Table 7 that exist at the waste tire facility.

(2) Use subsection (h), Table 7, to determine the penalty for a waste tire facility exempt or excluded from Department permitting requirements that fails to notify the Department as specified in sections 18431.1 or 18431.2 of this Chapter.

(h) Penalty Tables: 

Table 1. Unpermitted WT Facility: Capacity Penalties
Violation Type/Sequence Amount of Tires
500-4,999 5,000-9,999 10,000-19,999 20,000-49,999 50,000 or more
Negligent Act          
  1st  $   500 $1,000 $1,500 $2,000 $3,000
  2nd & subsequent  $2,000 $2,500 $3,000 $3,500 $4,000
Intentional Act          
  1st  $1,000 $2,000 $3,000 $4,000 $6,000
  2nd  $4,000 $5,000 $6,000 $7,000 $8,000
  3rd & subsequent  $6,000 $7,000 $8,000 $9,000 $10,000
Table 2. Risk Factors
WT Facility Distance From Residential Home, Freeway/Major Road, Lake, River, Waterway or Airport Risk Factor
Negligent Act Intentional Act
More than 1 mile 0.50 1.00
Within 1 mile, but more than 1,000 feet 0.75 1.25
Within 1,000 feet 1.00 1.50
Table 3. WT Facility: Storage and Disposal Penalties
Violation Penalty Range
14 CCR 17351 Fire Prevention Measures $500-$5,000
14 CCR 17352 Facility Access and Security $500-$5,000
14 CCR 17353 Vector Control Measures $500-$5,000
14 CCR 17354 Storage of Waste Tires Outdoors $500-$5,000
14 CCR 17356 Storage of Waste Tires Indoors $500-$5,000
Table 4. Permitted WT Facility: Capacity Penalties
Violation Type/Sequence Amount of Tires Over Permitted Capacity
1-4,999 5,000-9,999 10,000-19,999 20,000-49,999 50,000 or more
Negligent Act      
   1st $   500 $1,000 $1,500 $2,000  $3,000
   2nd & subsequent $2,000 $2,500 $3,000 $3,500  $4,000
Intentional Act          
   1st  $1,000 $2,000 $3,000 $4,000 $6,000
   2nd $4,000 $5,000 $6,000 $7,000 $8,000
   3rd & subsequent $6,000 $7,000 $8,000 $9,000 $10,000
Table 5. Permit Review Submittal Penalties
Violation Penalty
14 CCR 18426 Submittal of Certification or Revision Application Within 30 Days of Notice (Minor WT Facility) $1,000
14 CCR 18426 Submittal of Certification or Revision Application Within 30 Days of Notice (Major WT Facility) $2,000
14 CCR 18426 Submittal of Certification or Revision Application Within 60 Days of Notice (Minor WT Facility) $2,500
14 CCR 18426 Submittal of Certification or Revision Application Within 60 Days of Notice (Major WT Facility) $6,000
14 CCR 18426 Submittal of Certification or Revision Application Within 120 Days of Notice (Minor WT Facility) $5,000
14 CCR 18426 Submittal of Certification or Revision Application Within 120 Days of Notice (Major WT Facility)  $10,000
Table 6. Permitted Major WT Facility: Financial Assurance Penalties
Violation Penalty Range
14 CCR 18472 Closure Cost Estimate Adjustments $1,000 - $10,000
14 CCR 18473 Acceptable Mechanisms and Combination of Mechanisms $1,000 - $10,000
14 CCR 18474 Trust Fund $1,000 - $10,000
14 CCR 18475 Surety Bond $1,000 - $10,000
14 CCR 18476 Letter of Credit $1,000 - $10,000
14 CCR 18477 Government Securities $1,000 - $10,000
14 CCR 18478 Enterprise Fund $1,000 - $10,000
14 CCR 18478.5 State Approved Mechanism $1,000 - $10,000
14 CCR 18479 Substitution of Mechanisms by Operator $1,000 - $10,000
14 CCR 18480 Bankruptcy or Other Incapacity of an Operator or Provider of Financial Assurance $1,000 - $10,000
14 CCR 18481 Recordkeeping and Reporting Requirements $1,000 - $10,000
14 CCR 18482 Release from Financial Assurance Requirements for Closure Costs $1,000 - $10,000
Table 7. Other WT Facility Penalties
Violation Penalty Range
PRC 42824 Direct or Haul WTs to, or Accept WTs at, Unpermitted Major WT Facility  $1,000 - $10,000
PRC 42834 Direct or Haul WTs to, or Accept WTs at, Unpermitted Minor WT Facility $   500 - $  5,000
14 CCR 18423(a) Permit Application Filing $   500 - $  5,000
14 CCR 18427 Permit Revision (Major WT Facility)  $1,000 - $10,000
14 CCR 18427 Permit Revision (Minor WT Facility) $   500 - $ 5,000
14 CCR 18431.1 Permit Exemption (Exempt WT Facility) $   500 - $10,000
14 CCR 18431.2 Permit Exclusion (Excluded WT Facility) $   500 - $10,000
14 CCR 18440(a) Closure Commencement (Meet Closure Requirements) $   500 - $  5,000
14 CCR 18440(b) Closure Commencement (Submit Updated Closure Plan) $   500 - $  5,000
14 CCR 18440(c) Closure Commencement (Approval of Major WT Facility Closure Plan Prior to Beginning Closure)  $1,000 - $10,000
14 CCR 18440(d) Closure Commencement (Approval of Minor WT Facility Closure Plan Prior to Beginning Closure) $   500 - $  5,000
14 CCR 18440(e) Closure Commencement (Immediately Begin Closure) $   500 - $  5,000
14 CCR 18443(d) Inspection Access $   500 - $  5,000
14 CCR 18447 Retention of Records $   500 - $  5,000
14 CCR 18470-18482 Financial Assurance Requirements for Closure of Major WT Facility  $1,000 - $10,000

(i) Total Penalty Calculation:

(1) Separate penalties shall accrue for each day of violation, as set forth in Public Resources Code sections 42850 and 42850.1. Multiply each applicable violation penalty amount by the number of days of violation. Add the results for each violation to determine a total penalty amount.

(2) An unpermitted waste tire facility total penalty may not exceed maximum penalty amounts for each day of violation, as set forth in Public Resources Code sections 42825 and 42835. Unpermitted waste tire facilities include Exempt or Excluded waste tire facilities as that term is defined in section 17225.822 of Title 14 of the California Code of Regulations. For capacity violations at Exempt or Excluded waste tire facilities, calculate the amount of waste tires onsite that exceed the amount authorized by Public Resources Code sections 42823.5(a) and 42831, sections 18420(a) and 18431.3 of Title 14 of the California Code of Regulations, or other amounts authorized by the Department.

(3) Penalties for 2nd and Subsequent Negligent Acts, and Intentional Acts, may be assessed against an operator and/or owner as provided in Tables 1 and 4 when the operator and/or owner committed a prior violation at the same or a separate location.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Section 42825, 42835, 42850, 42852, Public Resources Code.


Article 4. Permit Application, Exemption, Exclusion, and Beneficial Reuse

Section 18431. Permit Application.

An application for a new permit or revision of an existing permit, for a major waste tire facility, shall include items (a) through (h) of this section. An application for a new permit or revision of an existing permit for a minor waste tire facility permit shall include items (a) through (d), and (h) of this section. An application for revision shall only include all items (a) through (h) that describe the change being made at the waste tire facility.

(a) A complete and correct form CalRecycle 500 "Waste Tire Facility Permit Application" (6/14), which is incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(b) A complete and correct form CalRecycle 501 "Waste Tire Facility Operation Plan" (6/14) as specified in section 18432 of this Article, which is incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(c) A complete and correct form CalRecycle 502 "Waste Tire Facility Environmental Information" (6/14), which is incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(d) A complete and correct form CalRecycle 503 "Waste Tire Facility Emergency Response Plan" (6/14) as described in section 18433 of this Article. This form is incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(e) A complete and correct form CalRecycle 504 "Waste Tire Facility Closure Plan" (6/14). This form is incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(f) A completed Reduction/Elimination Plan as specified in section 18434 of this Article.

(g) Financial assurance mechanisms and operating liability as specified in Articles 9 and 10 of this Chapter. These Article 9 and 10 forms are incorporated herein by reference. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(h) Applicable permits and approvals.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 21068, 21082.2, 42821 and 42832, Public Resources Code and Sections 15002, 15064, and 15382, State CEQA Guidelines, Title 14, CCR, and Sections 65940 and 65941, Government Code.


Section 18431.1. Permit Exemption.

(a) The following exempt waste tire facilities shall apply to the Department in writing for a permit exemption:

(1) For a cement manufacturing plant, the application for a permit exemption shall contain the information specified in Public Resources Code section 42823.5(b).

(2) For a beneficial reuse project, the application for a permit exemption shall contain the information specified in section 18431.3 of Title 14 of the California Code of Regulations.

(b) The application shall include a statement by the waste tire facility owner and/or operator that certifies under penalty of perjury that the information provided in the application is true and correct to the best of the owner’s and/or operator’s knowledge and belief.

(c) For purposes of compliance with subsection (a), a handwritten, facsimile, or photocopied signature shall be treated as an original.

(d) The owner or operator of an exempt waste tire facility shall notify the Department in writing of the intent to cease operations thirty (30) days prior to discontinuing operations.

(e) A person responsible for discontinuing or dismantling an exempt waste tire facility shall meet all applicable requirements set forth in Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations to properly remove all tire material to an authorized facility, and shall notify the Department when the closure activity is complete.

Note:

Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code.
Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.


Section 18431.2. Permit Exclusion.

(a) Any person wishing to operate a waste tire facility that is excluded from permitting requirements by section 18420(a) (2), (4), (6), (7) or 18420.1 of Article 1 of this Chapter shall first notify the Department in writing. This notice shall be legible and shall include all of the following for each excluded waste tire facility:

(1) Tire Program Identification Number, assessor parcel number; property owner name, address, and telephone number; and operator name, address, and telephone number if different from the property owner.

(2) Citation of underlying statutes and California Code of Regulations sections that authorize the waste tire facility permit exclusion; and a description of waste tire facility operations, including but not limited to, the average quantity of waste tires handled on an annual basis, and the hours of operation of the waste tire facility.

(3) A statement by the waste tire facility owner or operator that certifies under penalty of perjury that the waste tire facility complies with all required permits, licenses, and other local approvals, and the information provided in the statement is true and correct to the best of the owner’s or operator’s knowledge and belief.

(b) For purposes of compliance with subsection (a), a handwritten, facsimile, or photocopied signature shall be treated as an original.

(c) The owner or operator of an excluded waste tire facility shall notify the Department in writing of the intent to cease operations thirty (30) days prior to discontinuing operations.

(d) A person responsible for discontinuing or dismantling an excluded waste tire facility shall meet all applicable requirements set forth in Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations to properly remove all tire material to an authorized facility, and shall notify the Department when the closure activity is complete.

Note:

Authority cited: Section 40502, 42820, 42830 and 43020, Public Resources Code.
Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.


Section 18431.3. Beneficial Reuse Project.

(a) The Department may authorize the use of waste or used tires in a beneficial reuse project using whole or altered waste tires on a case-by-case basis, if it receives a written request prior to commencement of the reuse project.

(b) The Department shall issue either an approval or a denial of the beneficial reuse project to the requester within ninety (90) days of receipt of a completed request. The project may commence if the Department determines the project meets the requirements set forth in subsection (c).

(c) In order to qualify as a beneficial reuse project, the request shall include all of the following information:

(1) A description of how the project employs one or more engineering properties of waste tires,

(2) A description of how the use of waste or used tires in the project provides equal or superior performance or lower cost relative to conventional technologies,

(3) Evidence that the project does not pose a threat to public health, safety and the environment, and

(4) Written approval of the proposed project by a registered civil engineer.

(d) A person responsible for discontinuing or dismantling a beneficial reuse project shall:

(1) Properly remove all tire material to an authorized facility, in accordance with Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations, and

(2) Notify the Department when the closure activity is complete.

(e) A beneficial reuse project approved by the Department shall be exempt from the permitting and storage requirements set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, and Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations.

(f) This section does not apply to the beneficial reuse of whole or altered waste tires as solid waste at a solid waste landfill as described in Division 2, Chapter 3, Article 2, section 20686 of Title 27 of the California Code of Regulations.

Note:

Authority cited: Section 40502, 43020 and 43021, Public Resources Code.
Reference: Sections 40052, 42808, 43020 and 43021, Public Resources Code.


Section 18432. Operation Plan.

(a) The Operation Plan, as required by 18431(b) shall demonstrate conformance with the technical standards contained in Division 7, Chapter 3, Article 5.5 of Title 14 of the California Code of Regulations.

(b) The operator shall file amendments to the Operation Plan whenever necessary to keep the information contained in it current.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 41700, 42821 and 42832, Public Resources Code.


Section 18433. Emergency Response Plan.

(a) The operator of the waste tire facility shall maintain a copy of the Emergency Response Plan at the facility. At the time of permit issuance the approved Emergency Response Plan shall be forwarded to the local fire authority by the permittee. The plan shall be revised as necessary to reflect any changes in the operations of the waste tire facility or requirements of the local fire authority. The local fire authority and the Department shall be notified of any changes to the plan within 30 days of the revision.

(b) The operator of the facility shall immediately notify the Department in the event of a fire or other emergency if that emergency has potential significant off-site effects. Within 30 days of any such emergency, the operator shall submit to the Department a written report describing the cause(s) of the emergency, the results of actions taken, and an analysis of the success or failure of these actions.

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42821 and 42832, Public Resources Code.


Section 18434. Reduction/Elimination Plan.

(a) The operator of a major waste tire facility shall submit a detailed plan and implementation schedule for the elimination or substantial reduction of existing tire piles pursuant to Public Resources Code section 42821(b).

Note:

Authority cited: Sections 40502, 42820 and 42830, Public Resources Code.
Reference: Sections 42821, Public Resources Code.

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Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
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