Waste Tire Enforcement

• CalRecycle Authority
• Inspections
• Handling Violations
• Complaints
• Partnerships With Other Agencies

CalRecycle Authority

In 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. The California Department of Resources Recycling and Recovery (CalRecycle) is charged with responsibility for tire pile stabilization and remediation where public health and safety and the environment may be at risk. Consequently, regulations were adopted to establish and enforce waste tire storage and handling standards.

Public Resources Code Section 42961.5 required the CIWMB to develop a "California Uniform Waste and Used Tire Manifest." The intent is to "close the loop" on accountability by requiring copies of each manifest to be submitted to CIWMB for monitoring tire loads and movement within California. In addition, regulations have been developed to provide guidance and procedures in meeting manifest system requirements. This program went into effect in 2003 and was revised significantly in 2005.

CalRecycle uses the information generated by the waste tire manifest system to ensure that all waste tires generated and transported within California have been accounted for and delivered to permitted end use facilities. Discrepancies will be actively enforced. Chapter 838, Statutes of 2000 (Escutia, SB 876) increased the maximum civil penalties for violations of the waste tire hauling and manifesting requirements from $10,000 to $25,000 per violation per day as described in Public Resources Code (PRC) Section 42962, and increased administrative penalties from $1,000 to $5,000 per violation per day.

Inspections

Since 1994, CalRecycle’s tire enforcement staff has initiated an inspection program with the intention of generating waste tire facility (WTF) permit applications. Enforcement staff also investigates sites that pose a threat to the public health, safety, or the environment that are referred by local agencies.

The central objective of facility, site, and hauler inspections is to achieve compliance through oversight and education to the greatest extent possible, and to provide accurate information for entry into a statewide database. Inspections may be performed by CalRecycle staff or by waste tire enforcement grantees.

Enforcement staff follows up inspections of unpermitted sites with reports that inform the property owner/operator of the site that any person who stores, stockpiles, accumulates, or discards over 500 waste tires is required to obtain a waste tire facility permit or other authorization from CalRecycle.

Handling and Storage Violations

Owners and operators in violation of waste tire enforcement statutes or regulations will be issued a Waste Tire Survey and Inspection Report (DRRR Forms 181, 182, 183) that gives notice of violations and lists in the Enforcement Status Compliance Deadline Date box a specified date when inspectors will re-inspect to determine whether the violations have been corrected. If the violations for the site or facility are not corrected by the re-inspection date specified in the Enforcement Status Compliance Deadline Date, CalRecycle can take any number of enforcement actions. CalRecycle can issue cleanup and abatement orders (CAO) for waste tire storage violations, and/or issue complaints seeking administrative or civil penalties. (See enforcement orders.) In addition, CalRecycle can refer cases for criminal prosecution. CalRecycle does not waive it’s right to take enforcement action for those violations occurring prior to the compliance deadline date.

Operating a waste tire storage facility without a waste tire facility permit is a misdemeanor under the Public Resources Code, Section 42825 and 42835, punishable with a fine up to $10,000 per day of the violation and/or up to one year imprisonment in county jail.

Complaints

CalRecycle is responsible for investigating complaints regarding tire haulers or storage/facilities. If you think you have a valid complaint, please complete the Hauler/Storage Complaint form, DRRR 683 (Adobe PDF, 148 KB | MS Word, 73 KB).

Print, sign/date, and send the form to us via any of the following:

• E-mail: WasteTires@ calrecycle.ca.gov
• Fax: (916) 319-7605
• Mailing address:
  California Integrated Waste Management Board
  Waste Tire Hauler Program (MS-22)
  P.O. Box 4025
  Sacramento, CA 95812-4025

Partnerships With Other Agencies

Local Government
CalRecycle provides funding to solid waste local enforcement agencies and to city and county agencies with regulatory authority within the city/county government for waste tire enforcement activities. These enforcement grantees are responsible for  performing initial inspection and follow-up inspections for all waste tire facilities and sites located in their jurisdictions.

Air Resources Board
CalRecycle has entered into a $100,000 interagency agreement with the Air Resources Control Board (ARB) to purchase and set up high tech video surveillance equipment to monitor activities that violate waste tire laws at locations specified by CalRecycle. The agreement authorizes the ARB to purchase, construct, maintain and deploy surveillance equipment to be used for surveillance at various sites throughout the state.

California Highway Patrol (CHP)
CalRecycle has an Interagency Agreement with the CHP to conduct aerial surveillance of the state to locate possible illegal tire piles. The CHP, along with CalRecycle staff, has also set up checkpoints to monitor conformance of waste tire haulers with the waste tire hauler registration and manifesting regulations.