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 5. Closure

Section 18440. Closure Commencement.

(a) The operator of a major or minor waste tire facility shall comply with the requirements of section 18441 of this Article when closing the waste tire facility.

(b) The operator of a major waste tire facility shall submit to the Board for approval an updated Closure Plan (Part B), Form CIWMB 504 (9/02) as specified in section 18442 of this Article, at least 120 days prior to the anticipated closure of the site. This time period shall not apply to facilities required to close in accordance with subsection (e).

(c) The operator of a major waste tire facility shall receive approval in writing from the Board of the updated Closure Plan, prior to beginning closure of the site.

(d) Operators of minor waste tire facilities shall receive written approval from the Board concerning the final planned disposition of waste tires prior to commencing closure. Approval shall be based upon the criteria in section 18441(a)(3) of this Article.

(e) The operator of a major or minor waste tire facility shall cease to accept waste tires and shall immediately begin closure of the site in compliance with any closure conditions established in the permit and these regulations, and shall notify the Board in writing upon commencement, after receiving written approval from the Board in accordance with subsections (c) and (d), if:

(1) The waste tire facility permit expires and renewal of the permit is not applied for, or is revoked or denied; or

(2) A Board order to cease operation is issued; or

(3) The operator is unable to comply with the Articles in this Chapter or Article 5.5 of Chapter 3.

Note:

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


Section 18441. Closure Conditions.

(a) In closing the waste tire facility, the operator shall:

(1) Close public access to the waste tire facility;

(2) Post a notice at the entrance indicating to the public that the site is closed and the location of a site where waste tires can be deposited;

(3) Remove all waste tires and tire residues in accordance with Article 8.5 of this Chapter to a destination facility(s) approved by the Board in the Closure Plan. Board approval of destination facilities, within the state, shall be based on the following criteria:

(A) Destination facilities eligible for approval by the Board shall use one or more of the methods delineated in Public Resources Code section 42821(b). If waste tires are transported first to a collection facility, the operator of the closing facility shall provide documentation to the Board that the waste tires shall be transported from the collection facility to a destination facility approved by the Board, within 90 days of receipt of each shipment of waste tires from the closing facility.

(B) A Collection or destination facility shall meet the requirements of subsection (A), and the requirements associated with any of the following facility types:

(i) the facility is a solid waste disposal facility permitted in accordance with section 18420(a) of Article 1; or

(ii) the facility is a major or minor waste tire facility permitted under this Chapter; or

(iii) the facility meets at least one of the requirements of section 18420(a)(2) and (4)-(6) of Article 1 and it meets the requirements of section 18420(b) of Article 1.

(4) Remove any debris to a recycling facility or a permitted solid waste disposal site; and

(5) Notify the Board when the closure activities are completed and the site is ready for inspection, and furnish the Board with manifests and trucking receipts or other documentation that tires and tire residues have been removed from the site and disposed of properly.

(b) After receiving notification that site closure is complete, the Board may inspect the site. If all procedures have been completed in accordance with these regulations, and the waste tires have been transported to an approved destination facility if the waste tires were first transported to a collection facility as specified in section 18441(a) of this Article, the Board shall approve the closure of a major waste tire facility in writing.

Note:

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


Article 6. Inspection Of Waste Tire Facilities

Section 18443. Inspection.

(a) The Board and/or the Enforcement Agency (EA) for the jurisdiction in which the waste tire facility is located shall inspect waste tire facilities for compliance with the applicable waste tire storage and disposal standards and any terms and conditions specified in the waste tire facility permit.

(b) Prior to the initial issuance, renewal, or revision of a major or minor waste tire facility permit the Board or the EA shall inspect the facility. After the issuance of a permit, a major waste tire facility shall be inspected by the EA at least once annually. Minor waste tire facilities shall be inspected at least once every two and a half years.

(c) Reports of inspections conducted by the EA shall be submitted to the Board within 30 days of the date of inspection. If the inspection identifies a violation of the permit that is an endangerment to public health, safety or the environment, the EA shall file an inspection report within 7 days of the inspection.

(d) Upon presentation of proper credentials, the Board or an authorized Board employee or agent, shall be allowed to enter the facility during normal working hours to examine and copy books, papers, records, or memoranda pertaining to the facility, and to conduct inspections and investigations pertaining to the facility.

Note:

Authority cited: Sections 40502, 42820, 42821, 42830, and 42832, Public Resources Code.
Reference: Sections 42825, 42834, 42835, 42845, Public Resources Code.


Article 7. Records

Section 18447. Retention of Records.

Copies of all records required to be kept under this Chapter shall be retained by the operator for three (3) years and shall be made available at the site during normal business hours for inspection and photocopy by any representative of the Board or any individual authorized by the Board.

Note:

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


Section 18448. Certification of Records.

(a) All records, summaries or reports submitted to the Board as required by this Chapter shall be signed by a person responsible for preparing and reviewing such documents as part of his or her duties in the regular course of business.

(b) Any person signing a document submitted under this Chapter shall make the following certification:

"I certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or persons who manage the system or those persons directly responsible for gathering the information, and certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete."

Note:

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

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