Regulatory Status

Regulatory status is the general term used to describe a tire storage operation that fits into one of the following regulatory status types:

Permitted | Unpermitted | Exempt | Excluded

Each type of regulatory status has specific requirements in law and/or regulation that are designed to apply the appropriate regulatory oversight necessary to protect the public health and safety and environment from improperly stored tires. It is important for the inspector to know the correct regulatory status of a tire storage facility so the correct forms and standards are used to evaluate the operation.

Note: CalRecycle has the authority to inspect for Permit Requirements/Tire Storage and Disposal Standards for any location that stores 500 or more waste tires.

Permitted

A permitted waste tire facility has a current minor or major waste tire facility permit that was issued to the operator by CalRecycle. The inspector should review the permit limits and conditions prior to conducting an inspection. Major waste tire facilities are required to maintain operating liability insurance and a CalRecycle-approved, properly funded financial assurance mechanism. Prior to inspecting a major waste tire facility the inspector should contact the Waste Tire Facility permit contact to make sure the operator is in compliance and up to date with the financial assurance requirements. The Survey Form (CIWMB 181) and Inspection Form (CIWMB 182) are always used when inspecting a permitted facility.

Unpermitted

An unpermitted facility is an operation that does not have, but is required to have, a valid waste tire facility permit, exemption or exclusion. An unpermitted facility will always require the use of Survey Form (CIWMB 181) and Inspection Form (CIWMB 182).

Exempt

The operator has a Cement Manufacturing Plan Exemption that was issued by CalRecycle. The inspector will always use Survey Form (CIWMB 181) and Inspection Form (CIWMB 182).

  • Cement Manufacturing Plant. 30 PRC § 42823.5–Cement Manufacturing Plant with written verification that the facility qualifies for exemption.

Sample exemption form issued by CalRecycle.

Exclusion

The operation meets one of the criteria in 14 CCR § 18420 and a permit or exemption is not required. The inspector will always use a Survey Form (CIWMB 181). The inspector should not use an Inspection Form (CIWMB 182) unless the facility is in violation of the tire storage standards or is over the tire storage limit or storage time limits associated with their exclusion type. See the various exclusion types listed below.

  • Tire Dealer. 14 CCR § 18420 (a) (7)–Tire dealers storing no more than 1,500 waste tires for less than 90 days
  • Agricultural. 14 CCR § 18420 (a) (2)–Agricultural: using less than 5,000 tires for agricultural purposes.
  • Auto Dismantler. 14 CCR § 18420 (a) (6)–Auto dismantler storing no more than 1,500 waste tires for less than 90 days.
  • Tire Retreader Facility. 14 CCR § 18420 (a) (4)–Tire retreading facility with no more than 3,000 waste tires on premises.
  • Collection Facility or Enclosed Moveable Containers. 14 CCR § 17225.717–Waste tires are considered in the “collection” process when they are temporarily placed in fully enclosed, licensed, road transportable containers that are not stored at a permitted waste tire facility or a facility identified in Section 18420(a) (Tire Dealer, Agricultural, Auto Dismantler, Tire Retreader).

Note: Waste tires stored in fully enclosed truck trailers that qualify as collection, stored on the site of a waste tire facility, retreader, auto dismantler, or tire dealer, count towards their waste tire storage limits. For example, 500 or more waste tires stored at a waste tire facility, 3,000 or more tires stored at a retreader, and 1,500 or more tires stored at an auto dismantler or tire dealer would require a waste tire facility permit. Any waste tires stored in fully enclosed truck trailer(s) located on these sites would count towards the above waste tire permit exclusion limits.

For unpermitted and excluded/exempt facilities, see an overview of the procedures for determining waste tire facility type and whether or not to issue an NOV for new location.

For more information contact: Tire Enforcement, WasteTires@calrecycle.ca.gov