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

Section 18449. Scope.

(a) This Article specifies the procedures for waste tire hauler registration and tire manifest system requirements for used and waste tire haulers, retreaders, used and waste tire generators, and end-use facilities, including reporting and documentation requirements.

(b) In addition to the regulations in this article, statutory provisions contained in Sections 42950 through 42967 of the Public Resources Code govern the Waste Tire Hauler Registration Program.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Section 42950 et seq., Public Resources Code.


Section 18450. Definitions.

(a) For the purposes of this Article, the definitions found in: Public Resources Code Sections 42950-42967; and Chapter 3, Article 4.1, of this Division (commencing with Section 17225.701); and the following shall apply:

(1) "Board" means the California Integrated Waste Management Board, which, as of January 1, 2010, ceased to exist as a Board and became part of (subjoined into) a new Department of Resources Recycling and Recovery (CalRecycle).

(2) "Bond" means a surety bond issued by a California admitted insurance carrier.

(3) "Business Name" means the name of the operation registered with the local government of the State of California; the business license name.

(4) "Calendar Year" means January 1 through December 31 of any year.

(5) “CalRecycle” means the Department of Resources Recycling and Recovery, which is vested with the authority, duties, powers, purposes, responsibilities and jurisdiction of the former California Integrated Waste Management Board. CalRecycle is also referred to in these regulations as the “Department.

(6) “CIWMB” means the California Integrated Waste Management Board, which, as of January 1, 2010, ceased to exist as a Board and became part of (subjoined into) a new Department of Resources Recycling and Recovery (CalRecycle).

(7) "Civil Penalty" means a fine assessed as a result of a violation of an applicable provision.

(8) "Collection Location" means a location on which tires are being stored in collection in accordance with subsection 18420.1 (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.

(9) "Commingled" means inextricably mixed together, in that the waste components cannot be economically or practically separated.

(10) “Common Carrier” means every common carrier as described in Public Utilities Code Section 211 with a motor vehicle transportation business that offers service to the general public and hauls a commodity other than waste or used tires to an original destination point and then transports waste or used tires on the return part of the trip. The revenue derived from transporting the waste or used tires shall be incidental when compared to the revenue earned by the common carrier as stated in Public Resources Code Section 42954(a)(6). For purposes of this Chapter, incidental revenue means 10% or less of total annual revenue.

(11) "Comprehensive Trip Log" or "CTL" means the California Uniform Waste and Used Tire Manifest System form developed by the Department pursuant to Public Resources Code, section 42961.5. The Comprehensive Trip Log is attached hereto as Appendix A (CalRecycle 203, 7/10) and incorporated by reference herein. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(12) “Decal” see “Waste Tire Hauler Decal” as defined in this section.

(13) "Electronic report" means electronic submittal of manifest information to the Department by means of electronic data transfer or web-based data entry in accordance with the requirements set forth in Section18459.1.2.

(14) "Electronic Data Transfer Form" or “EDT Form” means a paper reporting form, approved by the Department, that is used by the hauler or responsible party for reporting manifest information in lieu of the required Comprehensive Trip Log. The EDT Form will contain the information required on the Comprehensive Trip Log.

(15) "End-Use Facility" means the facility where waste or used tires are unloaded and/or accepted.

(16) "Facility" means a waste tire facility, as defined in Public Resources Code Section 42808, a facility authorized to accept waste or used tires pursuant to a state or local agency permit, or a facility which lawfully accepts waste or used tires as authorized under Section 18420 of Title 14 of the California Code of Regulations.

(17) “Generator” see “Waste or Used Tire Generator” as defined in this section.

(18) “Hauler” see “Waste or Used Tire Hauler” as defined in this section.

(19) “Load” means a single transaction (a pick up or delivery) of waste or used tires between the hauler and generator or the hauler and end-use facility. There may be one or more loads on a trip.

(20) "Local Government" means a county, city, city and county, special district, joint powers agency or other political subdivision of the state.

(21) "Manifest Form" means the Comprehensive Trip Log (CalRecycle 203, 7/10) or EDT Form. Except as otherwise provided by this Article, the Manifest form shall be completed by the waste tire hauler, which shall accompany each transported shipment of waste or used tires.

(22) "New Tire Adjustment" means return or replacement of a new tire that is defective or damaged to the manufacturer or wholesale distributor.

(23) "Person" includes an individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, political subdivision, government agency, or municipality.

(24) "Place of Business" means the actual physical location where waste or used tires are picked up from, delivered to, or stored.

(25) “Port Terminal” means a wharf, bulkhead, quay, pier, dock or other berthing location, and adjacent storage areas and structures associated with primary movement of cargo or materials from vessel-to-shore or shore-to-vessel. A port terminal includes, but is not limited to:

(A) Structures devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or passengers,

(B) Areas devoted to maintenance of the terminal or its equipment, and

(C) Production or manufacturing areas, warehouses, storage facilities, and private or public businesses or entities located on or surrounded by port property.

(26) “Registration” see “Waste Tire Hauler Registration” as defined in this section.

(27) "Registered Vehicle Owner" means the person in whom title is vested and/or to whom the vehicle is registered with the Department of Motor Vehicles for any jurisdiction, domestic and foreign, in which the vehicle is registered.

(28) “Retreader” means a business, person, entity, individual, sole proprietorship, co-partnership, Limited Liability Company, or corporation, who is in the business of retreading, or recapping tire casings for reuse. The retreader shall have a Manufacturer 3-Digit Identification issued by the United States Department of Transportation pursuant to Title 49, Code of Federal Regulations, Section 574.5. If the retreader is a registered waste tire hauler, they shall comply with all waste tire hauler requirements. Retreaders shall maintain for three (3) years, records of all CalRecycle forms whether currently used or documents that have been replaced by other forms.

(29) "Revenue" is annual net income earned.

(30) "Tire Casing" is the carcass of a reusable tire that after inspection can be retreaded, or recapped by a retreader. For purposes of this Article, each tire casing is considered to be a separate waste or used tire.

(31) “Tire Program Identification Number” or “TPID” is a unique CalRecycle assigned number for each waste or used tire hauler, each business location from which waste or used tires are generated, and for each location where waste or used tires are transported to as an end-use facility.

(32) “Trip” means the hauling of waste or used tires that begins with a waste tire hauler’s first pick-up of waste or used tires from a generator and ends with that hauler’s last delivery of waste or used tires to an end-use facility, but in no case shall a trip exceed five (5) consecutive days.

(33) “Unregistered Hauler & Comprehensive Trip Log Substitution Form” is the form to be completed by the generator and end use facility pursuant to the requirements set forth in Sections 18461 (b) and 18462 (c). The Unregistered Hauler & Comprehensive Trip Log Substitution Form is attached hereto as Appendix A (CalRecycle 204, New 8/05) and incorporated by reference herein. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(34) “Used Tire” in accordance with Public Resources Code Section 42950(k) means a tire that meets both of the following requirements:

(A) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.

(B) The tire meets the applicable requirements of Title 13 (Motor Vehicles), of the California Code of Regulations .

(35) "Vehicle Description" includes the year, the model, the make of the vehicle, Vehicle Identification Number as defined in California Vehicle Code Section 671, and Vehicle License Plate Number, including state of issuance, as defined in California Vehicle Code Section 4850(a). Trailers as defined in Vehicle Code Section 630 are not eligible for registration.

(36) “Waste or Used Tire Generator,” “Waste Tire Generator” or “Generator” means any person whose act or process produces any amount of waste or used tires, causes a waste or used tire hauler to transport those waste or used tires, or otherwise causes waste or used tires to become subject to regulation.

(A) Any person meeting the definition of a Waste or Used Tire Generator above who causes to be transported 10 or more waste or used tires in a single load shall meet the requirements set forth in subsections 18462(a) through (c) of this Chapter.

(B) Any person meeting the definition of a Waste or Used Tire Generator above who causes to be transported 9 or less waste or used tires in a single load shall meet the requirements set forth in subsections 18462(a) through 18462(d) of this Chapter.

(37) “Waste or Used Tire Hauler” or “Hauler” means any person engaged in the transportation of waste or used tires, or tire casings, including haulers that the Department approved as exempt from registration pursuant to Public Resources Code Section 42954.

(38) “Waste Tire” in accordance with Public Resources Code Section 42950(l) means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer's original specifications. A waste tire includes a repairable tire, scrap tire, and altered waste tire, but does not include a tire derived product, crumb rubber, or a used tire.

(39) "Waste Tire Hauler Decal" or “Decal” means self-adhesive tag with a unique serial number issued annually by the Department, that the registered hauler shall affix to the inside lower right hand corner of the windshield of the vehicle for which the decal was issued.

(40) "Waste Tire Hauler Registration" means the documents, including the decal and registration form, issued by the Department, which authorizes the holder of the documents to legally haul waste or used tires within California for the period of issuance.

(41) "Waste Tire Manifest System" means the California Uniform Waste or Used Tire Manifest System authorized by Section 42961.5 of the Public Resources Code, which includes the Comprehensive Trip Log, and all procedures and regulations applicable to the transportation of the waste or used tires from point of origin to final destination of the waste or used tires.

Note:

Authority cited: Sections 40400, 40401, 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 40110, 40400, 40401, 42950, 42951, 42952, 42954, 42955, 42956, 42958, and 42961.5, Public Resources Code.


Section 18451. Applicability of these Regulations.

(a) Waste tire haulers, retreaders, waste tire generators, and end-use facilities shall comply with these regulations, unless exempted by Section 42954 of the Public Resources Code and applicable procedures set forth in Sections 18452.1-18453.2.

(b) The return of new tire adjustments to the wholesale distributor or manufacturer under "warranty consideration" is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Article. The person transporting the tires must have in the vehicle documentation substantiating that the tires are being returned for "warranty consideration." Lack of documentation or false information will subject the transporter to enforcement and penalties under this Article.

(c) “Tire Derived Product” being transported from the processing facility to the end-use facility is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Chapter. The hauler shall have a copy of the letter issued by the Department to the processing facility stating that the material is “Tire Derived Product” and a bill of lading accompanying the load. The letter and bill of lading shall be carried in the vehicle while transporting the “Tire Derived Product” from the processing facility to the end-use facility. Lack of documentation or false information will subject the transporter to enforcement and penalties under this Chapter.

(d) New tires, pneumatic or solid, that have never been driven on by any vehicle, discarded tires from electric wheelchairs, and solid plastic forklift tires are not considered used or waste tires under this Chapter. All other used or waste tires including those from aircraft, motorcycles, and heavy equipment tires are subject to the requirements of this Chapter.

(e) The “beneficial use hauling of used or waste tires” is defined as using the used or waste tires as bumpers or cushions to stabilize or protect the goods or materials being transported; or where the used or waste tires are used as bumpers or cushions during the normal course of hauling. Beneficial use hauling shall not be considered used and waste tire hauling for the purposes of this Article.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42953, and 42954, Public Resources Code.


Section 18452.1 Exemption Certification for Beneficial Use Hauling of Used or Waste Tires.

(a) A person wishing to qualify for an exemption from waste tire hauler registration under Sections 18451(e) shall certify in writing to the Department under penalty of perjury that they qualify for the beneficial use hauling exemption. This certification shall contain the following information:

(1) The name of the individual and/or business.

(2) The mailing address for the individual and/or business.

(3) The name of the contact person.

(4) The telephone number of the contact person.

(5) The number of vehicles used.

(6) The description of the business operation, including why the beneficial use exemption should be considered.

(7) A certification statement by the operator as follows: “The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.”

(8) The name and signature of the authorized agent on behalf of the business.

(9) The date of certification.

(b) Upon receipt of the certification letter, the Department will notify the applicant within 30 days if the certification for exemption is either:

(1) incomplete, and if so, what specific information is required,

(2) granted,

(3) denied, and if so, the reason(s) for denial.

(c) If the beneficial uses hauling exemption is granted, the Department shall issue a non-transferable Beneficial Use Hauling exemption letter to be carried in the vehicle(s) used to transport the used or waste tires. This document may be issued for a period of up to five years on a case by case basis. Failure to have a copy of this Exemption Letter in possession while transporting used and waste tires may subject the hauler to citation for unregistered used and waste tire hauling by local law enforcement and/or civil or administrative penalties by the Department.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Section 42954, Public Resources Code.


Section 18453. Exemption Certification for Agricultural Purposes or Common Carrier.

(a) A person wishing to qualify for an exemption from waste tire hauler registration under Public Resources Code Section 42954 (a)(5) and 42954 (a)(6) shall complete and submit the Application for Agricultural/Common Carrier Exemption Letter, (CalRecycle 241, 01/08) which is attached hereto as Appendix A and incorporated by reference herein, to the Department under penalty of perjury to qualify for an exemption from registration as a waste tire hauler for agricultural purposes or as a Common Carrier.

(b) Upon receipt of the Application for Agricultural/Common Carrier Exemption Letter (CalRecycle 241), the Department will notify the applicant within 30 days if the certification for exemption is either:

(1) incomplete, and if so, what specific information is required.

(2) granted

(3) denied, and if so, the reason(s) for denial.

(c) If the agricultural purposes exemption or common carrier exemption is granted, the Department shall issue a non-transferable exemption document to be carried in the vehicle(s) used to transport the used or waste tires.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Section 42954, Public Resources Code.


Section 18453.1. Cost to Receive an Exemption from Waste Tire Hauler Registration.

No fee is to be paid to the Board to certify an exemption from waste tire hauler registration.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Section 42954, Public Resources Code.


Section 18453.2. Valid Agricultural and Common Carrier Exemption Period and Renewal.

(a) An exemption as described under Public Resources Code Sections 42954 (a)(5) and 42954 (a)(6) shall be valid up to five years from the date of approval provided that the information relied upon to qualify for the exemption remains unchanged.

(b) A person wishing to continue to qualify for an exemption from waste tire hauler registration under Sections 42954 (a)(5) or (a)(6) of the Public Resources Code shall renew the certification by submitting an application to the Department in accordance with the requirements in Section 18453.

(c) All exemption applications shall be submitted 45 days prior to the expiration date. Renewed exemptions are valid for up to five years.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Section 42954, Public Resources Code.


Section 18454. Waste Tire Hauler Initial Registration.

(a) Any person hauling 10 or more used or waste tires shall apply for a waste tire hauler registration, unless exempt pursuant to Section 18451, by submitting to the Department a completed original form CalRecycle 60 (1/08) "Waste Tire Hauler Registration Application," which is attached hereto as Appendix A (CalRecycle 60, 1/08) and incorporated by reference herein and form CIWMB 61 "Waste Tire Hauler Bond" (1/08), which is attached hereto as Appendix A (CIWMB 61, 1/08) and incorporated by reference herein.

(1) For purposes of Public Resources Code Section 42960, it is presumed that any person transporting used or waste tires under a valid registration issued by the Department is an agent of the registered waste tire hauler.

(b) An application may be submitted at any time.

(c) The initial waste tire hauler registration is valid from the date of issuance to January 1 of the following year.

(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received the Department issued renewal registration card(s) and vehicle decal(s).

(e) There is no fee paid to the Department to apply for an initial waste tire hauler registration.

(f) The registration card and/or decal issued to a specific vehicle are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.

(g) A used or waste tire hauler registration is not transferable by the person to whom it was issued to any other person.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42954, 42955, 42956, and 42958, Public Resources Code.


Section 18455. Waste Tire Hauler Renewal Registration.

(a) Any person may apply for renewal of a waste tire hauler registration by submitting to the Department a new completed form CalRecycle 60. If the waste tire hauler bond has expired or has been cancelled, a new bond must also be submitted with the renewal application.

(b) All renewed waste tire hauler registrations expire annually on January 1.

(c) The waste tire haulers who wishes to continue to operate as a waste tire hauler shall submit an application for a renewed waste tire hauler registration. This application shall be received by the Department no later than 45 days prior to the January 1 expiration date.

(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received Department issued renewal registration card(s) and vehicle decal(s).

(e) There is no fee paid to the Department to apply for a renewed waste tire hauler registration.

(f) The registration card and/or decal issued to a specific vehicle are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42955, 42956, and 42958, Public Resources Code.


Section 18456. Waste Tire Hauler Registration Application.

(a) Copies of form CalRecycle 60 and CIWMB 61 can be obtained by contacting the Department of Resources Recycling and Recovery (CalRecycle), Tire Hauler Compliance Section, Compliance Evaluation and Enforcement Division, P.O. Box 4025, Sacramento, CA 95812 or accessing the Department of Resources Recycling and Recovery (CalRecycle) website located at www.calrecycle.ca.gov/Tires/.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42954, 42955, 42956, and 42958, Public Resources Code.


Section 18456.1. Waste Tire Hauler Surety Bond Application Process.

(a) The initial application shall be accompanied by an original surety bond in the amount of $10,000 on behalf of the business owner in favor of the State of California (“surety bond”). The surety bond shall be completed by the insurance agent or bonding agent on form CIWMB 61. The surety bond shall be issued in the business name of the business owner as it appears on the application for registration as a waste tire hauler. The surety bond must be signed by a representative of the applicant.

(b) The surety bond shall remain in full force and effect during all registration periods. Failure to maintain an adequate bond pursuant to Public Resources Code Section 42955(d), shall result in automatic cancellation of the waste tire hauler registration. The cancelled registration may be reinstated by the Department when a new surety bond is posted.

(c) The surety company shall be licensed by the California Department of Insurance to transact the business of surety bonding in the State of California as an admitted insurance carrier.

(d) If coverage is not available as specified in Subsection (c) above, the waste tire hauler may seek coverage by a surety which, at a minimum, shall be eligible to provide surety bonds as an excess or surplus lines surety in California.

(e) If coverage is obtained as described in Subsection (d), the surety shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon the terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6.

(f) The Department or its designee may reasonably object to the use of any surety at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List.

(g) The surety company shall become liable under the terms of the bond if the Department determines that the waste tire hauler has failed to comply with the provisions of Public Resources Code Section 42950 et. seq. or these regulations. The registered waste tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Public Resources Code that exceed the bond amount.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.


Section 18456.2. Waste Tire Hauler Registration Process.

(a) The Department shall inform an applicant in writing within 30 days from date of receipt that the application is any of the following:

(1) incomplete and what specific information is required to complete the application;

(2) complete and approved with registration documents and vehicle decals;

(3) denied and the reason(s) for denial pursuant to the Public Resources Code Section 42960.

(b) Upon approval of the initial or renewal application, the Department will provide proof of registration in the form of decals and registration cards to the waste tire hauler. The Department will issue a waste tire hauler registration card and decal for each vehicle identified in the application. The registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the common passenger side, inside lower right hand corner of the windshield before hauling tires for that calendar year.

(c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.

(d) All drivers of registered used or waste tire hauler vehicles shall maintain a valid driver's license. The use of unlicensed drivers is grounds for discipline against the used or waste tire hauler registration.

(e) All registered used or waste tire hauler vehicles shall maintain a current Department of Motor Vehicles registration. The use of a motor vehicle that does not have a valid motor vehicles registration is grounds for discipline against the used or waste tire hauler registration.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42956, 42958, and 42961, Public Resources Code.


Section 18456.3. Changes In Information Provided or Lost Registration Documents.

(a) The waste tire hauler shall file a supplemental application to add or remove vehicle(s) on form CalRecycle 60. The application shall be filed and approved by the Department before a vehicle is allowed to haul used or waste tires.

(b) The Department shall inform the applicant in writing within 30 days that the application for an added vehicle is any of the following:

(1) incomplete and what specific information is required to complete the application;

(2) complete with registration document(s) and vehicle decal(s).

(3) denied and the reason(s) for denial.

(c) In the event of a change in ownership of the waste tire hauler business:

(1) The owner shall notify the Department in writing 45 days prior to the change in ownership.

(2) The new owner shall apply for and obtain a waste tire hauler registration in accordance with Section 18454.

(3) The new owner may begin hauling used or waste tires when he/she has received the registration documents and vehicle decal(s) from the Department.

(4) The Department will process the change in ownership in accordance with Section 18456.2.

(5) Registrations are nontransferable.

(d) Every registered waste tire hauler shall notify the Department on a form CalRecycle 60 of any change in the business name, business owner, facility address, mailing address, phone number, or vehicle ownership. Notice shall be given no more than ten (10) days after the change.

(e) The registered waste tire hauler shall submit a renewal application for any vehicle(s) for which decal(s) or registration(s) documents were lost. The Department will process the application as a renewal application under Section 18455.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42956, and 42958, Public Resources Code.


Section 18456.4. Temporary Registration of Alternate Vehicles.

(a) Upon request, the Department may issue a single temporary registration certificate, specifically assigned to that registered waste tire hauler, once the Department has deemed a new waste tire hauler application complete or at the time of the yearly renewal. This certificate, for the use of a temporary vehicle, shall bear the hauler’s company name, address, registration number, unique decal number, and the year the certificate is valid.

(1) A waste tire hauler may request one additional temporary registration certificate for each 10 vehicles registered.

(b) The certificate 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.

(c) The registered waste tire hauler shall notify the Department in writing within two (2) calendar days of when the temporary registration certificate is used by completing and submitting form CalRecycle 682 “Notification of Use of Temporary Registration Certificate”, which is attached hereto as Appendix A (CalRecycle 682, Rev. 1/08) and incorporated by reference herein. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)

(d) Upon request by the Department or an authorized representative of the Department, the hauler shall immediately surrender the certificate by mail, or by hand-delivery, to Department staff or or the authorized representative, if the Department’s Tire Hauler Compliance Program determines that the temporary registration certificate was misused.

(1) The temporary registration certificate holder may file a written appeal to the Director within 15 days of receipt of a determination. The Director will issue a decision within 30 days of the appeal and the Decision will be mailed by certified or registered mail. The Director may delegate his or her duties under this section to any employee of the Department.

(2) Misuse of the temporary registration certificate is defined as failure to inform CalRecycle within 48 hours after using the temporary registration certificate, transferring or allowing the use of the temporary registration certificate by any other person not included in the registration holder’s vehicle list, or the use of the temporary registration certificate after its expiration date.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42956, and 42958, Public Resources Code.


Section 18457. Waste Tire Hauler Registration Denial, Suspension, and Revocation.

(a) The Department may deny, suspend or revoke a waste tire hauler registration for the following grounds:

(1) Failure to maintain a surety bond as required by Section 18455, and for the reasons stated in Public Resources Code Section 42960.

(2) Failure to pay a civil or administrative penalty imposed by the Department in accordance with the terms of the Department’s Decision for a violation of Chapter 16 of Part 3 of Division 30 (waste tire storage laws) or Chapter 19 of Part 3 of Division 30 of the Public Resources Code (used and waste tire hauler laws) or this Chapter 6 of Title 14 of the California Code of Regulations.

(3) The hauler has violated federal, state, or local laws as determined in a final decision by the federal, state, or local agency responsible for enforcing those laws, and the violation(s) is related to health, safety, or environmental concerns of the violator’s waste tire hauler business.

(b) The Department may deny, suspend or revoke a waste tire hauler registration pursuant to Public Resources Code Section 42960. The Department may deny an application of a new or renewed waste tire hauler registration by issuing a statement of issues in accordance with Government Code Section 11504. The denial is effective upon issuance of the statement of issues by the Department and can be overturned upon a decision by the Department.

(c) Upon suspension or revocation of the waste tire hauler registration, the waste tire hauler shall immediately return the decal(s) and registration card(s) to the Department.

(d) The waste tire hauler shall not transport used or waste tires, nor own, operate, or be an officer of a waste tire hauling business entity or corporation during the period of suspension or revocation. Any hauling of used and waste tires during the period of suspension or revocation will be a cause for denial, suspension, or revocation of the registration, and may subject the waste tire hauler to civil penalties pursuant to this chapter, and/or criminal penalties pursuant to the California Vehicle Code Section 31560.

(e) During the period of time for which a waste tire hauler's registration has been denied, suspended or revoked, neither the waste tire hauler, nor the waste tire hauler's vehicles, may be added to another waste tire hauler's registration. In addition, if the denial, suspension or revocation was the result of a particular driver'(s) actions, neither that driver, nor that driver's vehicles, may be added to another waste tire hauler's registration.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42960, and 42961, Public Resources Code.


Section 18458. Request for Hearing of Denial, Suspension, or Revocation of Waste Tire Hauler Registration.

(a) If the Board refuses to issue or renew (denies) a registration, or suspends, or revokes a waste tire hauler registration pursuant to Public Resources Code Section 42960, the waste tire hauler may appeal that decision and request a hearing in accordance with Government Code Sections 11505 to 11519. The request for a hearing must be in writing and received by the CIWMB Legal Office at P.O. Box 4025, Sacramento, CA 95812, within 30 days after receipt of the denial, suspension, or revocation. The Board shall consider the original application, the reasons for denial, and any additional relevant information presented by the applicant. This decision shall be the final decision by the Board.

Note:

Authority cited: Sections 40502, 42966, and 43020, Public Resources Code.
Reference: Sections 42951, 42952, 42955, 42960, and 42961, Public Resources Code.

Article 8.5, Sections 18459-18466 | Title 14 Home

Last updated: CalRecycle regulations are updated continuously as changes are made and approved by the Office of Administrative Law.
Regulations http://www.calrecycle.ca.gov/Laws/Regulations/
Legal Office: LegalSec@CalRecycle.ca.gov (916) 327-0089