HomeMy WebLinkAbout13- Public Services Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
CITY Q
From: Pat Malloy, Director Subject: An ordinance of the City of San
Bernardino adding Sections 8.24.181,
-pt: Public Services 8.24.182, 8.24.183, 8.24.184,
8.24.185, and 8.24,186 to the San
Date: March 1, 1995 Bernardino Municipal Code relating to
the disposal of scrap tires.
Synopsis of Previous Council Action:
March 9, 1994 Adopted Resolution No. 94-51
Recommended Motion:
That further reading of said ordinance be waived and that said ordinance be laid over for final adoption.
Signs
Contact person: Lynn Merrill Phone: 5145
Supporting data attached:Staff Report, Ordinance, Resource Code Ward: All
FUNDING REQUIREMENTS: Amount: $7 0 , 0 0 0
127-411-5505 $14 ,400
Source:(Acct. No.) 12A7-413-5111 $55 , 600
(Acct. Description) Other professional services,
materials & supplies.
Finance:
Council Notes: N/A
Agenda Item No. �� _
CITY OF SAN BERN RDINO - REQUEST f "R COUNCIL ACTION
STAFF REPORT
The State of California estimates that 29 million used and waste tires were generated during 1993. Of
this 29 million waste tires, 18.6 million were diverted to various uses and 10.4 million were disposed.
It is estimated that 258,000 waste tires may be generated within the City of San Bernardino. Since July
1, 1994, the Refuse Disposal Division collected and disposed of approximately 3,065 tires. No estimate
of the number of tires disposed by commercial sources is available.
The problem of illegal disposal of tires resulted in passage of various State laws. These laws include
Public Resource Code Sections 42800, et.seq. regarding the permitting of minor and major waste tire
facilities in order to prevent the illegal stockpiling of tires, and Public Resource Code Sections 42950
et.seq. which requires anyone who hauls waste tires to be registered and prohibits waste tire generators
from using unregistered haulers. Public Resource Code Section 42961.5 requires the development of a
State-wide waste tire manifest system which allows the tracking of waste tires from generation to
disposal. In order to fund the State's Tire programs, Public Resource Code Section 42885 requires any
person leaving a tire for disposal with a seller shall pay a disposal fee of $0.25 per tire to the State.
These fees are payable each quarter to the State Board of Equalization. Copies of these statutes are
attached.
Although the State developed a uniform manifesting system in order to track waste tire movement within
the State, leakage of waste tires still occurs. This leakage occurs because there is no cross verification
between the number of tires for which the$0.25 per tire fee is collected and the manifest reports required
by the State for the transportation of waste tires. Sources of leakage from the system include: 1) tire
sellers who do not report tire sales to the State and/or illegally transport and dispose of tires themselves;
2) persons who choose to retain ownership of the tires as opposed to leaving them with the tire seller for
proper disposal; 3) use of unregistered tire haulers to remove and dispose of waste tires; and, 4) tire
sellers who reduce tires by cutting them into pieces, which then allows the tires to be disposed of with
normal refuse.
This ordinance attempts to mitigate this leakage within the City. It accomplishes this task by the
following actions:
1. Sellers of new and used tires within the City must submit a copy of the report filed with
the State to the Public Services Department showing the number of tires that a fee was collected
on. Failure to do so results in a penalty of 20% of the amount which was not reported. This
is similar and in addition to the State's penalty.
2. It authorizes the Public Services Department to examine tire manifests of each seller of
new and used tires within the City. This allows the City to cross check the number of tires that
a fee was collected on with the number of tires shown on the disposal manifests.
3. It requires that Certificates of Removal be obtained from persons who choose not to leave
the used tires with the seller. These Certificates of Removal will include the name, address and
California Drivers License Number of the person removing the waste tires. These Certificates
are being developed by staff.
4. It requires that Certificates of Processing be prepared by each seller who may cut whole
tires into pieces in compliance with the State's waste tire reduction and disposal requirements.
These Certificates are being developed by staff.
75-0264
5. It provides a penalty for a tire seller's failure to provide proof of legal and proper
disposal of each tire for which the fee was paid. These penalties include a payment of$3.00 per
undocumented tire. This per tire penalty will provide a funding source for the City to clean-up
illegal tires disposed of within the City.
6. It prohibits the disposal of whole, used tires within residential, commercial and industrial
rubbish containers within the City. This prohibition includes an exemption that allow a resident
to dispose of up to four (4) used tires per calendar quarter by placing these tires alongside the
standard residential refuse containers at no additional cost.
This ordinance will not be able to prevent individuals from coming into the City from other jurisdictions
and disposing tires illegally upon public and private property. However, it will strongly encourage the
proper disposal of waste tires by sellers of new and used tires within our City, through vigilant inspection
and enforcement. During the first year of the program, the City shall have a part time intern who will
conduct on site verifications of the waste tire reports. During the first year of operation, the intern will
conduct inspections of each tire seller on a quarterly basis. The intern will use the reports required in
section 8.24.181 to conduct a review of the tire seller's waste tire disposal manifests, Certificates of
Removal and Certificates of Destruction as required in Section 8.24.183 to determine compliance.
Subsequent inspections will occur on a random basis, with a set number of inspections of tire sellers
occurring each quarter.
Staff recommends that a six month grace period for assessment of fines for Sections 8.24.182 and
8.24.183 be permitted. During this period, the Public Services Department will conduct enforcement
actions, including site visits to tire sellers. Warnings will be issued during the six month grace period
to any tire seller violating Sections 8.24.182 and 8.24.183 of the ordinance; however no fines will be
imposed. As part of the six month grace period, the Public Services Department will conduct an
education program for tire sellers. This education program will include providing copies of the ordinance
to each seller and brochures which explain the available waste tire management programs. Pads of the
Certificates of Removal and Certificates of Processing will be distributed during the first visit to each tire
seller.
Estimated cost of this program is $70,000 for the first year and $62,800 for the second year. The first
year's estimated revenues from fines paid is $19,700. The second year's revenue is $13,650. Staff
estimates that after the first six month period, less than twenty-five sellers of new and used tires per year
will violate the ordinance and pay a fine.
This ordinance is the first step of a comprehensive waste tire management system being developed by the
Public Services Department. This system will include coordination with the California Integrated Waste
Management Board's Waste Tire Enforcement staff to aggressively abate illegal waste tire piles within
the City and to pursue local sellers of new and used tires who are not complying with State waste tire
reporting laws. In addition, the City received a State Waste Tire Grant which allows the development
of a waste tire collection program, including a specially designed collection rack for used tires. This
collection program will allow the City to provide tire collection service to small, independent dealers of
new and used tires who may not be able to obtain cost-competitive tire disposal service, due to low
volumes of used tires. Staff anticipates recommendation of award of bid for fabrication of the tire racks
and for tire disposal services shortly, and will be presenting a rate resolution to Council for this new
collection program. Revenues from this program will offset the enforcement cost of this ordinance.
Staff recommends adoption of the attached ordinance.
ORDINANCE NO.
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
8 .24 .181, 8 .24 .182, 8 .24 .183 , 8 .24 .184, 8 .24 .185 AND 8 .24 .186 TO THE
2 SAN BERNARDINO MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP
TIRES
3
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
4 ORDAIN AS FOLLOWS:
5
SECTION 1. Sections 8 . 24 . 181, 8 . 24 . 182, 8 .24 . 183 , 8 .24 . 184 ,
6 8 . 24 . 185 and 8 . 24 . 186 are hereby added to the San Bernardino
7
Municipal code to read as follows :
8
9
8.24 .181 Report of Number of Scrap Tires
10
Every seller of new or used tires within the City of San
11
Bernardino shall report to the Director of Public Services on or
12
before the 15th day following the end of each calendar quarter year
13
the number of scrap tires for which the disposal fee required by
14
Public Resources Code §42885 has been collected. Said report shall
15
be in a manner or form as prescribed by the Director of Public
16
Services . For the purposes of sections 8 .24 . 181 through 8 .24 . 186,
17
a seller shall be defined as any person, business, corporation or
18
partnership that engages in the sale and/or exchange of new and used
19
tires as a regular part of their business, including but not limited
20
to wholesale and retail tire dealers, automotive service centers,
21
automotive repair centers, new and used automotive dealers, new and
22
used automotive parts vendors and automotive dismantlers .
23
24
25 8 .24 .182 Penalty for Failure To Report Number of Scrap Tires
Any seller of new or used tires within the City of San
26
Bernardino who fails to submit the report set forth in Section
27
28 March 1, 1995 1
I
8 . 24 . 181 shali be assessed a separate penalty by the City of 20
1 percent of the fees paid by the seller to the State as required by
2 Public Resources Code §42885 . Said penalty will be in addition to
3 any penalties assessed by the State as set forth in §42886 (b) of the
4 Public Resources Code, or by any other local or State agencies . The
5 penalty set forth in this section shall be payable to the Public
6 Services Department of the City of San Bernardino.
7
8 8 .24 .183 Disposal of Scrap Tires
9 Every seller of new or used tires within the City upon request
10 by an authorized officer, agent or employee of the City must
11 demonstrate that each such tire for which the disposal fee required
12 by Public Resources Code §42885 has been collected, and which has
13 been reported to the Director of Public Services pursuant to
14 §8 .24 . 181, has been disposed of properly by one of the following
15 methods :
16 A. Manifest provided by a state-permitted waste tire hauler
company;
17
B . Dated Certificate of Removal recording the name, address
18 and California Driver' s License number of each person
that elected to retain ownership of the whole tires
19 removed from their vehicle . Said record shall be in a
manner and form as prescribed by the Director of Public
20 Services;
21 C. Obtain and participate in a City authorized or sponsored
tire collection, processing or recycling service;
22
D. Dated Certificate of Processing, in a manner and form as
23 prescribed by the Director of Public Services, which
records the number of whole tires reduced in volume prior
24 to land filling by one of the following methods :
25 1 . Shredding to a size of less than four inches in
width (Public Resources Code §42865) .
26
27
28 March 1, 1995 2
2 . Quartering/Slicing: Cutting into four or more
parts across the bead (California Integrated Waste
1 Management Board, Resolution 93-27, 3/31/93) .
2 3 . Bagel Splitting: Splitting the tire through its
tread surface to produce two halves, each of which
3 includes a bead, sidewall, and part of the tread
(California Integrated Waste Management Board,
4 Resolution 93-27, 3/31/93) .
5 4 . Baling: Mechanically compressing and securing
whole waste tires into a bale (California
6 Integrated Waste Management Board, Resolution 93-
27, 3/31/93) .
7 5 . Manual Volume Reduction: Manually cutting out the
8 sidewalls, including bead to produce three or more
parts (California Integrated Waste Management
9 Board, Resolution 93-27, 3/31/93) .
10 6 . Any alternative methods formally approved by the
Executive Director of the California Integrated
11 Waste Management Board.
12 The City shall provide copies of Certificate of Removal and
13 Certificate of Processing forms to any seller of new or used
14 tires within the City upon request from the seller to the Public
15 Services Department .
16 Any seller of new or used tires within the City who cannot
17 adequately demonstrate to the Director of Public Services or his
18 designee that each whole tire was disposed of properly by one of
19 these methods, shall be in violation of this section, and subject
20 to prosecution by the City. The penalty for a first violation
21 shall be $25 . 00 plus $3 . 00 for each tire which the seller cannot
22 demonstrate was properly disposed of by one of these methods .
23 Each subsequent violation shall be $100 . 00 plus $3 . 00 per tire .
24
25
26
27
28 March 1, 1995 3
3 r
8 .24 .184 Penalty for Unlawful Disposal of Whole Tires.
1 It shall be unlawful to dispose of whole tires in any of the
2 following manners within the City of San Bernardino:
3 1) Placement of whole tires within or around any regular
4 commercial, industrial or residential rubbish container within
5 the City. A residential customer may place up to one (1)
6 whole tire per collection day with their regular refuse
7 collection, with a maximum of four (4) tires per calendar
8 quarter.
9 2) Placement of whole tires on any public or private
10 property within the City, unless said property is a registered
11 waste tire facility as set forth in Public Resources Code
12 §42800 to §42859, et . seq.
13 Any seller of new or used tires within the City of San Bernardino
14 who willfully and knowingly places whole tires in or around any
15 regular commercial, industrial or residential rubbish container
16 within the City or along any public or private property, or who
17 allows or directs another party to willfully and knowingly place
18 whole tires in any regular commercial, industrial or residential
19 rubbish container within the City or along any public or private
20 property, shall be guilty of a violation of this section, and
21 subject to prosecution by the City. The penalty shall be $500 . 00
22 for each incident, plus $3 . 00 for each tire unlawfully disposed.
23
24
25
26
27
28 March 1, 1995 4
8 .24 .18to Posting of Notice
1 Every seller of new or used tires within the City must post the
2 following notice :
3 Notice
4 Every tire left with this facility for disposal is assessed a
$ . 25 surcharge pursuant to the State of California Public
5 Resources Code §42885 . This surcharge is for the costs of
disposal and for development of new uses for scrap tires .
6 Other charges may also be made by this operator to cover
actual disposal or recycling costs .
7
In order to prevent the illegal disposal of used tires within
8 the City of San Bernardino, if you elect to keep your used
tires for private use or disposal, you will be required to
9 sign a Certificate of Removal stating the number of tires that
you removed, your name, address and California Driver' s
10 License Number. This information will be furnished to the
City of San Bernardino. Illegal disposal of whole tires is a
11 violation of Section 8 . 24 . 184 of the City of San Bernardino
Municipal Code, and may result in fines and penalties.
12
13
8.24 .186 Authority
14
Sections 8 .24 . 181 to 8 .24 . 185 are adopted pursuant to the
15
authority of the Charter of the City of San Bernardino and Public
16
Resources Code §42810 .
17
18
19
20
21
22
23
24
25
26
LM: llg
27
28 March 1, 1995 5
AN ORDIivANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
8 .24 .181, 8 .24 .182, 8 .24 .183, AND 8 .24 .184 TO THE SAN BERNARDINO
1 MUNICIPAL CODE RELATING TO THE DISPOSAL OF SCRAP TIRES
2 I HEREBY CERTIFY that the foregoing resolution was duly adopted
3 by the Mayor and Common Council of the City of San Bernardino at a
4
meeting thereof, held on the day of
5 1994 , by the following vote, to wit :
6 Council Members: Ayes Nays Abstain Absent
7
NEGRETE
8
CURLIN
9
HERNANDEZ
10
OBERHELMAN
11
DEVLIN
12
POPE-LUDLAM
13
MILLER
14
15 `
16 _ City Clerk
17 The foregoing resolution is hereby approved this day of
1994 .
18
19
TOM MINOR, Mayor
20 City of San Bernardino
21 Approved as to form and
legal content :
22
James F. Penman,
23 City Attorney
24 B
Y
25
26
27
28 March 1, 1995 6
the state in quantities of at least 5,000 metric tons per propriety information and shall not be made available to
year. The board shall set standards which deviate from the general public.
this average by not more than 5 percent. As added by AB 1305(K;llea), Scars. 1989, c. 1093,formerly in
(b) The board shall review its standards at least the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c.3S.
once every two years and determine whether they ARTICLE 5. PENALTIES
should be adjusted to reflect changes in industry stan- (Article 5 as added by SB 937(Vuich),Stats. 1990,c.35)
dards and practices, and, if so, the board shall set new
standards according to the criteria in subdivision(a). 42790. Any person who violates Article 3 (com-
As added by AB 130S (K;llea),Slats. 1989,c. 1093,formerly in mencing with Section 42770) is guilty of an infraction
the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. punishable by a fine of not more than one thousand dol-
lars($1,000).
42776. After January 1, 1994, the board shall con- As added by AB 1305(Killca),Scats. 1989,c. 1093,formerly in the
duct a survey of the paper industry to assess the avail- Gov.C.,and added by SB 937(Vuich),Stats. 19%,c.35,and
ability of,quality of, and market for all recycled-content amended by AB 54(Sher),Slats.1993,c.663.
papers, including coated groundwood papers and other
papers which are not newsprint. The board shall report 42791. In addition to Section 42790, any person
the findings of its survey to the Legislature on or r,Ciore who violates Article 3 (commencing with Section 42770)
may be assessed a civil penalty by the board of not more
July 1, 1994.
than one thousand dollars ($1,000) for each violation,
As added by AB 1305 (K;Ika),Slats. 1989,c. 1093,formerly in
the Gov.C.,and added by SB 937(Vuich),Scats. 1990,c.3S. pursuant to notice and hearing. Any civil penalties
received pursuant to this subdivision shall be deposited
ARTICLE 4. FALSE CERTEFICATION in a separate account in the fund and, upon appropria-
(Article 4 as added by SB 937(Vuich),Stats. 19%,c.35) lion by the Legislature, shall be used by the board for
the administration of this division.
42780. If any person provides a consumer of As added by AB 1305 (K;llea), Slats. 1989,c. 1093,formerly in
newsprint with a false or misleading certificate concern- the Gov. C., and added by SB 937(Vuich),Slats. 1990, c. 3S,and
ing the recycled content of the delivered newsprint pur-
suant to Section 42772, the board, within 30 days of amended by AB 2211 (Sher), Scars. 1992, c. 280, and AB 54
(Sher),Scats. 1993,c. 663.
making this determination, shall refer the false or mis-
leading certificate to the Attorney General for prosecu- CHAPTER 16. WASTE TIRES
tion for fraud. (Chapter 16 as added by AB 1843(W.Brown),Stats. 1989,c.974,
As added by AB 1305(Killea),Stats. 1989,c. 1093,formerly in the formerly in the Gov.C.,and added by SB 937(Vuich),
Gov.C.,and added by SB 937(Vuich),Stats. 19%,c.35. Stats.19%,c.35)
42781. If any consumer of newsprint provides ARTICLE 1. DEFINMONs
the board with a false or misleading certificate concern- (Article 1 as added by AB 1843(W.Brown),Scats. 1989,c.974,
in g the percentage recycled-content news rint used formerly in the Gov.C.,and added by SB 937(Vuich),
g a o P scats.1990,c.35)
pursuant to Section 42770, the board within 30 days of
making this determination, shall refer the false or mis- 42800. The following definitions govern the con-
leading certificate to the Attorney General for prosecu- struction of this chapter.
' tion for fraud. As added by AB 1843 (W. Broom),Slats. 1989,c. 974,formerly
I t As added by AB 1305(Killea),Slats. 1989,c. 1093,formerly to e th to the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.35.
Gov.C.,and added by SB 937(Vuich),Stats. 199,c.35.
42801. "Agricultural purposes" means the use of
42782. If any consumer of newsprint provides
t the board with a false or misleading certificate concern- waste tires as bumpers on agricultural equipment or as a
ing why the consumer of newsprint was unable to ballast to maintain covers or structures on an agricultural
site.
obtain the minimum amounts of recycled-content As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly
newsprint pursuant to Section 42773, the board, within in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S.
30 days of making this determination, shall refer the
false or misleading certificate to the Attorney General 42802. "Fund" means the California Tire
for prosecution for fraud. Recycling Management Fund created by subdivision(a)
` As added by AB 130S (K;llea), Slats. 1989,c. 1093,formerly in of Section 42885.
the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. As added by AB 1843(W. Broum),Slats. 1989,c. 974,formerly
42783. Specific information on newsprint prices in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
included as part of a certificate submitted to the board
by newsprint consumers or suppliers of newsprint is
t
70
42803. "Local agency" means a county,city,spe- ARTICLE 2. GENERAL PROVISIONS
cial district, or other local governmental agency which (Article 2 as added by SB 937(Vuich),Scats. 1990,c.35,and
provides or regulates solid waste handling services. repealed and added by AB 1515(Sher),Stars. 1991,c.717)
As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly 42810. Nothing in this chapter limits the auchori-
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. ty of a local agency to regulate persons or businesses
42804. "Operator" means the person responsible that store,stockpile, process,or dispose of waste tires.
for the overall operation of a waste tire facility. As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly
As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly in the Gov. C., and added by SB 937 (Vuich), Slats. 1990, c. 35,
in the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c. 3S. and repealed and added by AB ISIS(Sher),Slats. 1991,c. 717.
42805. "Owner" means a person who owns, in 42811. The board may delegate specific powers
whole or in part, a waste tire facility, the waste tires and authority in this chapter to enforcement agencies,as
located at a facility, or the land on which a waste Eire defined in Section 40130, including any of the follow-
facility is located. ink
As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly (a) Review of operation plans submitted pursuant
to regulations adopted under subdivision (a) of Section
in the Gov. C.and idded by SB 937(Vwich),Slats. 1990,c.3S.
42821.
42806. "Tire" means a pneumatic tire or solid (b)Inspection of permitted facilities.
Eire manufactured for use on any type of motor vehicle. (c)Enforcement of waste Eire facility permits.
As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly As added by AB 1843(W.Brown),Slats. 1989,c. 974,formerly
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. in the Gov. C., and added by SB 937(Vuich), Slats. 1990, c. 3S,
and repealed and added by AB 1515(Sher),Stars. 1991,c. 717.
42807. "Waste tire" means a tire that has been
removed from the wheel of a vehicle and is no longer 42812. Division 13 (commencing with Section
suitable for its original intended purpose due to wear, 21000) of the Public Resources Code does not apply to
damage,or defect. the issuance of a permit for the operation of an existing
As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly waste tire facility pursuant to this chapter, except as to
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. any substantial change in the design or operation of the
42808. "Waste tire facility" means a location, waste Eire facility made between the time this chapter
becomes effective and the permit is initially issued by
other than a solid waste facility permitted pursuant to the board and as to any subsequent substantial changes
this title that receives for transfer or disposal less than made in the design or operation of the waste cire facility.
150 tires per day averaged on an annual basis, where, at As added by AB 1843(W.Brown),Slats. 1989,c. 974,formerly
any time, waste tires are stored, stockpiled, accumulat- in the Gov. C., and added by SB 937 (Vuich), Slats. 1990, c. 35,
ed,or discarded. "Waste tire facility" includes all of the and repealed and added by AB ISIS(Sher),Slats. 1991,c. 717.
following:
(a) "Existing waste tire facility" means a waste Sections 42813 to 42817. REPEALED
tire facility which is receiving, storing, or accumulating As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly
waste tires, or upon which waste fires are discarded, on in the Gov. C., and added by SB 937 (Vuich), Slats. 1990, c. 3S,
January 1, 19%. and repealed by AB ISIS(Sher),Slats. 1991,c. 717.
(b) "Major waste cire facility" means a waste Eire
facility where,at any time, 5,000 or more waste tires are ARTICLE 3. added WASTE TIRE FACILITY ,c.35) S
or will be scored,stockpiled,accumulated,or discarded. (Article 3 as added by se 937(Vuich),stars. 1990,c.35)
(c) "Minor waste tire facility" means a waste tire 42820. (a)On or before July 1, 1991,the board,in
facility where, at any time, 500 or more, but less than consultation with the State Fire Marshal and the State
5,000, waste tires are or will be stored, stockpiled, accu- Department of Health Services, shall adopt emergency
mulaced, or discarded. However, a "minor waste tire regulations setting forth the procedures and require-
facility" does not include a tire dealer or an automobile menns necessary to obtain a major waste tire facility per-
dismantler, as defined in Sections 220 and 221 of the mit.
Vehicle Code, who scores tires on the dealer's or dis- (b) Regulations adopted pursuant to subdivision
mantler's premises for less than 90 days if not more than (a)shall not require the issuance of a separate permit to
1,500 waste tires are ever accumulated on the dealer's or a solid waste disposal facility which is permitted pur-
dismantler's premises. suant to Chapter 3 (commencing with Section 44001)of
As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly part 4.
in the Gov. C., and added by SB 937 (Vuich), Slats. 1990, c. 35, As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly
and amended by AB 2923(Hauser),Slats. 1992,c. 199. in the Gov. C., and added by SB 937(Vuich), Slats. 1990, c. 3S,
and amended by the Gov.Reorg. Plan No. 1 of 1991.
71
s
42821. The regulations for major waste Eire facili- waste tire facility or Eo accept waste tires at a major
ty permits shall include, but not be limited to, all of the waste Eire facility unless the operator has obtained a
following: major waste Eire facility permit.
(a) Requirements for submission of a detailed As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
operations plan which contains the following compo- in the Gov. C., and added by SB 937 (Bergeson), Stars. 1990, c.
nents: 3S, and amended by AB ISIS (Sher), Stars. 1991, c. 717, and AB
(1)Fire prevention measures. 2494(Sher),Stats. 1992,c. 1292,and AB 3322(Sher),Stats. 1992,
(2) Fencing and other security measures. c. 1293.
(3)Vector control measures. 42825. An person who accepts waste tires at a
(4)Limits on the size and height of Eire piles. major waste Eire facility which has not been issued a
(5)A closure plan. 1 ri
(b) Requirements for submission of a detailed permit or knowingly directs or transports waste tires to a
plan and implementation schedule for the elimination major waste tire facility which has not been issued a
or substantial reduction of existing tire piles using any permit shall, upon conviction, be punished by a fine of
of the following methods or techniques: not less than one thousand dollars ($1,000) nor more
(1)Polymer treatment. than ten thousand dollars ($10,000) for each day of via
(2) Rubber reclaiming and crumb rubbc, sari^r+, ky imprisonment in the county jail for not more
production. than one year,or by both that fine and imprisonment.
(3)Pyrolysis. As added by AB 1843(W. Brown),Stars. 1989,c. 974,formerly
(4) Production of supplemental fuels for cement in the Gov.C.,and added by SB 937(Vuich),Stars. 1990,c.3S.
kilns,lumber operations,or other industrial processes. ARTIc1E 4. MINOR WAsn TIRE FACUM PERMITS
(5)Tire shredding and transportation to an auEho- (Article 4 as added by SB 937(Vuich),Srats. 1990,c.35)
rized solid waste landfill.
(6) Energy recovery through incineration of 42830. (a) On or before December 1, 1991, the
whole or shredded tires in accordance with the terms board, in consultation with the State Fire Marshal and
and conditions of a permit issued by an air pollution the State Department of Health Services, shall adopt
control district or air quality management district. emergency regulations setting forth the procedures and
(7)Other applications determined to be appropri- requirements necessary to obtain a minor waste tire
ate by the board. (c) Requirements for the submission facility permit.
of evidence of financial assurances secured by the oper- (b) Regulations adopted pursuant to subdivision
ator of the facility that are adequate to cover damage (a)shall not require the issuance of a separate permit to
claims arising out of the operation of the facility and that a solid waste disposal facility which is permitted pur-
are adequate to cover the cost of closure if that becomes suant Eo Chapter 3 (commencing with Section 44001)of
necessary. The financial assurance shall be a trust fund, Part 4.
surety bond, letter of credit, insurance, or other equiva- As added by AB 1843(W. Brown),Stars. 1989,c. 974,formerly
lent financial arrangement acceptable to the board. in the Gov. C., and added by SB 937 (Vuich), Stats. 1990, c. 3S,
As added by AB 1843 (W. Brown),Stats. 1989,c. 974,formerly and amended by the Gov.Reorg. Plan No. 1 of 1991.
in the Gov. C.,and added by SB 937(Vuich),Scats. 1990,c.35. 42831. The board may exempt either of the fol-
42822. The board shall issue major waste tire lowing from the permit requirements of this article:
facility permits pursuant to the regulations upon appli- (a)An owner or operator of a Eire retreading busi-
cation therefor. ness for the business site if not more than 3,000 waste
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly tires are kept on the business premises.
in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.35. (b)A person using waste tires for agricultural pur-
poses if the waste tires are kept on the site of use.
42823. On or after January 1, 1994, no person As added by AB 1843(W. Brown),Stars. 1989,c. 974,formerly
shall establish a new major waste tire facility or expand in the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.3S.
an existing minor waste tire facility unless the person
has obtained a major waste Eire facility permit issued by 42832. The regulations for minor waste tire facil-
the board pursuant to Section 42822. ity permits shall include,but not be limited Eo,all of the
As added by AB 1843(W. Brown),Stats. 1989,c.974,formerly following:
in the Gov. C., and added by SB 937(Vuich), Stats. 1990, c. 3S, (a) Fire prevention measures.
and amended by AB ISIS(Sher),Stats. 1991,c. 717,and AB 2494 (b)Vector control measures.
(Sher), Stats. 1992, c. 1292, and AB 3322 (Sher), Stats. 1992, c. (e) Other measures determined by the board to
1193. be necessary to protect the public health and safety.
As added by AB 1843(W. Brown),Stars. 1989,c. 974,formerly
42824. On or after September 1, 1994, it is in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
unlawful to direct or transport waste tires to a major
72
42833. The board shall issue minor waste Eire (d)Committed any violation of, or failed to com-
facility permits pursuant to the regulations upon appli- ply with, any order issued by the board relating to the
cation therefor. safe storage or processing of waste tires.
As added by AB 1843(W. Brow,),Slats. 1989,c. 974,formerly (e)Committed any misrepresentation or omission
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. of a significant fact or ocher required information in the
42834. On or after July 1, 1994, it is unlawful to application for a waste Eire facility permit.
As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly
direct or transport waste tires to a minor waste Eire facili- in the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c. 3S.
ty or to accept waste Eires at a minor waste tire facility
unless the operator has obtained a minor waste tire facil- 42843. Except as provided in Section 42844, pro-
icy permit. ceedings for the denial, suspension, or revocation of a
As added by AB 1843 (W. Brown),Slats. 1989,c. 974,formerly permit under this chapter shall be conducted in accor-
in the Gov. C., and added by SB 937(Vuich), Slats. 1990, c. 3S, dance with Chapter 4(commencing with Section 44300)
and amended by AB 2494 (Sher), Slats. 1992, c. 1292, and AB of Part 4.
3322(Sher),Slats. 1992,c. 1293. As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly
in the Gov. C., and added by SB 937(Vuich), Slats. 1990, c. 3S,
42835. Any person who accents waste tires at a and amended by AB 2211 (Sher),Slats. 1992,c. 280.
minor waste tire facility which has not been issued a
permit or knowingly directs or transports waste tires to a 42844. (a) The board may temporarily suspend
minor waste tire facility which has nor been issued a any permit issued pursuant to this chapter prior to any
permit shall, upon conviction, be punished by a fine of hearing if the board determines that the action is neces-
not less than five hundred dollars ($500) nor more than sary to prevent or mitigate an imminent or substantial
five thousand dollars ($5,000) for each day of violation, endangerment to the public health or safety or the envi-
by imprisonment in the county jail for not more than ronmenE.
one year,or by both that fine and imprisonment. (b)The board shall notify the holder of the per-
As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly mit of the temporary suspension and the effective date
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c. 3S. thereof and, at the same time, shall serve the person
With an accusation.
ART7c1.E 5. RE1veWA1., SuseFN51oN, OR REVOCATION (c) Upon receipt by the board of a notice of
(Article 5 as added by SB 937(Vuich),Stars. 19%,c.35)
defense to the accusation from the holder of the permit,
42840. A waste Eire facility permit issued pur- the board shall, within 15 days,set the matter for a hear-
suanc to this chapter is valid for five years unless sus- ing,which shall be held as soon as possible, but not lacer
pended or revoked. The permit shall be renewed prior than 30 days after receipt of the notice.
to the expiration thereof. (d) The temporary suspension shall remain in
As added by AB 1843(W.Broom),Slats. 1989,c. 974,formerly effect until the hearing is completed and the board has
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. made a final determination on the merits,which shall be
made within 60 days after the completion of the hear-
42841. The board may refuse to issue or renew a ing. If the determination is not transmitted within this
waste tire facility permit on any grounds for which it period, the temporary suspension shall be of no further
may suspend or revoke a permit. effect.
As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly
in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c. 3S. in the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c.3S.
42842. The board may deny, suspend, or revoke 42845. (a) Any person who stores, stockpiles, or
a waste tire facility permit in accordance with the proce- accumulates waste tires at a location for which a waste
dures in this article if the applicant or holder of the per- tire facility permit is required pursuant to this chapter,
mit has done any of the following acts: or in violation of the terms and conditions of the permit,
(a) Committed any violation of, or failed to com- the provisions of this chapter,or the regulations adopted
ply with any requirement of,this chapter. under this chapter, shall, upon order of the board,clean
(b) Aided, abetted, or permitted any violation of up chose waste tires or abate the effects thereof, or, in
this chapter. the case of threatened pollution or nuisance, take other
(c) Aided, abetted, or permitted a failure to com- necessary remedial action.
ply with this chapter if the failure of compliance shows a (b) Upon failure of any person to comply with the
repeating or recurring pattern or may pose a threat to cleanup or abatement order, the Attorney General, at
public health or safety or the environment. the request of the board, shall petition the superior
court for that county for the issuance of an injunction
requiring the person to comply therewith. In any suit,
73
i
the court shall have jurisdiction to grant a prohibitory or work must be performed, the board shall not be
mandatory injunction, either preliminary or permanent, required to issue an order under this section.
as the facts may warrant. As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
in the Gov. C.,and added by SB 937 Stats. 1990 c.3S.
(Vuicb),).
42849. "Threaten" or "threat," for purposes of
42846. (a)The board may expend available mon- this article, means a condition creating a substantial
eys to perform any cleanup, abatement, or remedial probability of harm, when the probability and potential
work required under the circumstances set forth in extent of harm make it reasonably necessary to take
Section 42845 which in its judgment is required by the immediate action to prevent, reduce, or mitigate dam-
magnitude of endeavor or [he need for prompt action to ages to persons, property, natural resources, or the pub-
prevent substantial pollution, nuisance, or injury to the lic health or safety.
public health or safety. The action may be taken in As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
default of, or in addition to, remedial work by the viola- in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
for or other persons, and regardless of whether injunc-
tive relief is being sought. ARTICLE 6. ADmwisTRATIVE ENFORCEMENT
(Article 6 as addcd by S8 937(VUICh),Stats. 1990,C.35)
or in (b)The board may perform the work itself, or by cooperation with any other governmental agency, 42850. (a)Any person who intentionally or negli-
and may use rented tools or equipment, either with gently violates any provision of this chapter, or any per-
operators furnished or unoperated. Notwithstanding Mir, rule, regulation, standard, or requirement issued or
any other provisions of law, the board may enter into adopted pursuant to this chapter is liable for a civil
oral contracts for that work, and the contracts, whether penalty not to exceed ten thousand dollars ($10,000) for
written or oral, may include provisions for equipment each violation of a separate provision or, for continuing
rental and in addition the furnishing of labor and materi- violations,for each day that the violation continues.
als necessary to accomplish the work The contracts are (b) Liability under this section may be imposed
exempt from approval by the Department of General in a civil action or liability may be imposed adminis[ra-
Services pursuant to Section 10295 of the Public tively pursuant to this article.
Contract Code. As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly in the Gov. C., and added by SB 937(Vuich), Stats. 1990, c. 3S,
in the Gov. C., and added by SB 937(Vuicb), Stats. 1990, c. 3S, and amended by AB 2211 (Sher),Slats. 1992,c.280,and AB 2494
and amended by AB ISIS(Sher),Stats. 1991,c. 717. (Sher), Stars. 1992, c. 1292, and AB 3322 (Sher), Stats. 1992, c.
42847. If waste tires are cleaned up, the effects 1293,and AB S4(Sher),Stats. 1993,c.663.
of the tires abated, or, in the case of threatened pollu- 42851. (a) The board may issue a complaint to
tion or nuisance, other necessary remedial action is any person on whom civil liability may be imposed put-
taken by any governmental agency, the person or per- suant to this article. The complaint shall allege the acts
sons who unlawfully stored, stockpiled, or accumulated or failures to act that constitute a basis for liability and
the waste tires or who unlawfully permitted the storage, the amount of the proposed civil liability. The com-
stockpile, or accumulation of waste tires or who threat- plaint shall be served by personal service or certified
ened to cause or permit the unlawful storage, stockpile, mail and shall inform the parry so served that a hearing
or accumulation of waste tires within the meaning of shall be conducted within 60 days after the party has
subdivision (a), shall be liable to that governmental been served, unless the party waives the right to a hear-
agency to the extent of the reasonable costs actually ing.
incurred in cleaning up the waste, abating the effects (b) If the party waives the right to a hearing, the
thereof, or taking other remedial actions. The amount board shall issue an order setting liability in the amount
of those costs shall be recoverable in a civil action by, proposed in the complaint unless the board and the
and paid to, the governmental agency and the board to parry have entered into a settlement agreement, in
the extent of the latter's contribution to the cleanup which case the board shall issue an order setting liabili-
costs from available funds. ry in the amount specified in the settlement agreement.
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly If the parry has waived the right to a hearing or if the
in the Gov. C.,and added by SB 937(Vuicb),Stats. 1990,c.3S. board and the party have entered into a settlement
42848. If, despite reasonable efforts by the board agreement, the order shall not be subject to review by
to identify the person responsible for the unlawful stor- any court or agency.
age, stockpiling, or accumulation of waste tires or the As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
condition of pollution or nuisance, the person is not in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
identified at the time cleanup, abatement, or remedial
74
E
42852. (a) Any hearing required under this sec- 42855. All penalties collected under Section
tion shall be conducted by an independent hearing offi- 42850 shall be deposited in the California Tire
ter according to the procedures specified in Sections Recycling Management Fund created pursuant to
11507 to 11517, inclusive, of the Government Code, Section 42885.
except as otherwise specified in this section. In making As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly
a determination, the hearing officer shall take into con- in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
sideradon the nature,circumstances, extent,and gravity ARTICLE 7. WASTE TIRES To ENERGY
Of the violation, the violator's past and present efforts to (Article 7 as added by SB 937(Vuich),scats. 19%,c.35)
prevent, abate, or clean up conditions posing a threat to
the public health or safety or the environment, the vio- 42859, (a) On or before December 1, 1991, the
lator's ability to pay the proposed civil penalty, and the board, in consultation with the State Air Resources
prophylactic effect that imposition of the proposed Board and the State Energy Resources and
penalty will have on both the violator and on the regu- Conservation Commission, shall complete and submit
laced community as a whole. to the Legislature a report on the feasibility of using
(b) After conducting any hearing required under waste tires as a fuel supplement for cement kilns, lum-
this section, the hearing officer shall, within 30 days ber operations,and other industrial processes.
after the case is submitted, issue a decision, including (b)The report shall include an assessment of air
an order setting the amount of civil penalty to be quality impacts, the identification of major obstacles to
imposed,if any. the utilization of waste tires as fuel supplements,and,if
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly appropriate, recommendations to encourage greater uti-
in The Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S. lization of waste tires as fuel supplements.
42853. Orders setting civil liability issued under As added by AB 1843 (W. Brown),Stats. 1989,c. 974,formerly
this section shall become effective and final upon
in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
issuance thereof, and payment shall be made within 30 CHAPTER 17. CALffORNIA TIRE
days of issuance. Copies of these orders shall be served RECYCLING ACT
by personal service or by certified mail upon the parry (Chapter 17 as added by SB 937 Nuich),Stats.19%,c.35)
served with the complaint and upon other persons who
appeared at the hearing and requested a copy. ARTICLE
(Article 1 as added by SB 933 (Vuich
vcs
7(Vuich),Scats. 1990,c.35)
As added by AB 1843(W. Broom),Stats. 1989,c. 974,formerly
in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. 42860. This chapter shall be known and may be
42854. (a) Within 30 days after service of a copy cited as the California Tire Recycling Act.
As added by AB 1843 (W. Broom),Stats. 1989,c.974,formerly
of a decision issued by the hearing officer,any person so in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
served may file with the superior court a petition for
writ of mandate for review of the decision. Any person 42861. The Legislature finds and declares the
who fails to file the petition within the 30-day period following:
may not challenge the reasonableness or validity of a (a) The problem posed by used tire storage and
decision or order of the hearing officer in any judicial disposal requires a comprehensive, statewide response,
proceedings brought to enforce the decision or order or including, but not limited to, reducing landfill disposal
for other remedies. of used whole tires, recycling of tires into secondary
(b) Except as otherwise provided in this section, uses, source material development and promotion of
Section 1094.5 of the Code of Civil Procedure governs secondary markets for used tire byproducts, tire shred-
any proceedings conducted pursuant co this subdivision. ding,and energy recovery.
In all proceedings pursuant to this subdivision, the (b) California is currently faced with an existing
court shall uphold the decision of the hearing officer if used tire inventory of at least 100 million tires, an
the decision is based upon substantial evidence in the amount which grows by over 20 million tires per year.
whole record. Without a dedication of resources to address the state's
(c) The filing of a petition for writ of mandate growing tire population, the health and safety of all
dues not stay any corrective action required pursuant to Californians will be increasingly at risk.
this chapter or the accrual of any penalties assessed put- (c)There are currently no dedicated resources for
suant m this chapter. the recycling of used tires, or a comprehensive tire
(d)This section does not prohibit the court from shredding program. Therefore, the levying of a fee on
granting any appropriate relief within its jurisdiction. the disposal of used whole tires in the state is needed to
As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly support Eire recycling activities.
in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. (d) Used tires represent a valuable state resource
which should be reclaimed and recycled whenever
75
w
42911. (a) By September 1, 1994, each local As added by SB 744(McCorquodale),Stars. 1993,c.S11.
agency shall adopt an ordinance relating to adequate
areas for collecting and loading recyclable materials in 42952. Except as provided in Section 42954, on
development projects. and after January 1, 1995, any person engaged in trans-
(b) If by September 1, 1994, a local agency has Porting waste tires shall comply with all of the following
not adopted an ordinance for collecting and loading requirements:
recyclable materials in development projects, the model (a) The person shall be registered as a waste tire
ordinance adopted pursuant to Section 42910 shall take hauler with the board.
effect on that date and shall be enforced by the local (b) The person shall not advertise or represent
agency and have the same force and effect as if adopted himself or herself as being in the business of a waste tire
by the local agency as an ordinance. hauler without being registered as a waste tire hauler by
As added by AB 1327(Fan), Stats. 1991, c. 842, and amended the board.
by SB 4S2 (Committee on Budget and Fiscal Review), Stats. 1993, As added by SB 744(McCorquodale),Stats. 1993,c.S11.
c.60. 42953. On and after January 1, 1995, any person
CHAPTER 19. TIRE HAULER REGIST'RAT'ION who gives contracts, or arranges with another person to
(Chapter 19 as added by SB 744(McCorquodale), transport waste tires shall utilize only a person holding a
Stats.1993,c.511) waste Eire hauler regisiianon trom the board, unless the
hauler is exempt as specified in Section 42954.
(Article 1 as added by SB 744(McCorquorquudale),Stars. 1993,a 511)
ARTICLE 1. fI70N5 As added by SB 744(McCorquodale),Slats. 1993,e.S11.
42950. For purposes of this chapter, the following "'4�954:'(aj fl: e�soe wha fi�nl:>f wsste'tirts
definitions apply: Memptfrom fe 1>raueln Undet-
(a) "Applicant" means any person seeking to reg- one of the fbl[owingflw_i d' !jj'htttr
ister as a waste Eire hauler. (1)The person is a solid waste collector operating
(b) "Waste tire" means a tire that is not on the under a license or franchise from any local government
wheel of a vehicle and is no longer suitable for its origi- and transports less than 10 waste tires at any one time.
nal intended use due to wear damage, defect, or devia- (2) The person transports fewer than five waste
tion from the manufacturer's specifications including, ures at any one time.
but not limited to, all used tires, altered wasted tires (3)The Pusan b'tbe1Nit¢d'lftaat:.frhe Stft#
recappable casings, and scrap tires. "Waste tire" V4tl Mi2,,ot MY 0410�.ft-0WtC 6fft*n MPahtY 10
includes tires that have been altered by processes ACIMA except wh=vetikI s' p Meagencyawnt
including, but not limited to, shredding, chopping, and Ofgx"teiar19�llse ASAM23tt-DE4.Snperfor.hMJ
slicing. (4) The waste tires were inadvertently mixed or
(c) "Agricultural purposes" means the use of commingled with solid waste and it is not economical or
waste tires as bumpers on agricultural equipment or as a safe to remove or recover them.
ballast to maintain covers or structures at an agricultural (5)The vehicle originated outside the boundaries
site. of the state and is destined for a point outside the
(d) "Common carrier" means a "highway com- boundaries of the state, if no waste tires are loaded or
mon carrier," as defined in Section 213 of the Public unloaded within the boundaries of the state.
Utilities Code. (6) The person is hauling waste tires for agricul-
As added by SB 744(McCorquodale),Stars. 1993,c.S11. tural purposes. However, notwithstanding Section
42961.5, a person hauling waste tires for agricultural
ARTICLE 2. REGISTRATION AND GENERAL PROVISIONS purposes shall carry a manifest from the generator in the
(Article 2 as added by SB 744(McCorquodale).Stats. 1993,c.511) vehicle during transportation, which may be destroyed
42951. (a) On and after January 1, 1995, every after delivery.
person who engages in the transportation of waste tires . (7) The waste tires were hauled by a common
shall hold a valid waste Eire hauler registration, unless carrier who transported something other than waste tires
exempt as specified in Section 42954. to an original destination point and then transported
(b) A registered waste tire hauler who transports waste tires on the return part of the trip, and the rev-
waste ores to a facility that is not a waste tire facility, as enue derived from the waste tires is incidental when
defined in Section 42808, a landfill authorized pursuant com p ared to the revenue earned by the carrier.
to Section 42866, a facility which is authorized to accept (b)Any person who transports tires in violation of
waste tires pursuant to a state or local y permit, or agency subdivision (b) of Section 42951 shall not be exempt
g
_ a facility which lawfully accepts waste ores for reuse or pursuant w subdivision(a).
disposal,shall be subject to the civil penalty imposed by As added by SB 744(McCorquodale),Stats. 1993,c.S1 1.
Section 42%2.
80
42955. An application for a new or renewed waste (d)Committed any misrepresentation or omission
tire hauler registration shall be made on a form of a significant fact or ocher required information in the
approved by the board. The application shall include, application for a waste tire hauler registration.
but not be limited to,all of the following: As added by SB 744(McCorquodale),Stats. 1993,c.S11.
(a) A vehicle description, vehicle identification
number, vehicle license number, and the name of the 42961. If the board denies an application for reg-
registered vehicle owner for each vehicle used for trans- isvation, the applicant may request a hearing by the
porting waste tires. board.
(b) The business name under which the hauler As added by SB 744(McCorquodale),Stats. 1993,c.S11.
operates, and the business owners' name, address, and 42961.5. The board shall.develop a waste tire
telephone number. manifest system for registered waste tire haulers that
(c) other business names under which the hauler complies with all of the followingconditions:!
operates. (a)The board shall develop a waste tire manifest
(d) A bond in favor of the State of California in form that shall be completed and shall accompany each
the amount of ten thousand dollars ($10,000). Proof of shipment of waste tires from the point of origin to the
bond renewal shall be submitted with the application pro—ssing,collection,storage,or disposal facility.
for annual renewal of a waste tire hauler registration. (b) The manifest form shall be signed by the
(e) Any additional information required by the generator, the waste tire hauler, and the processing,col-
board. lection, storage, or disposal facility. Each party shall
As added by SB 744(McCorquodale),Stats. 1993,c.Sll.' retain one copy of the manifest form.
42956. Upon approval of an application submit- (c) If waste tires are transported from a collection
ted pursuant to Section 42955, the board shall issue a center, a new manifest shall be used until the waste
waste fire hauler registration to be carried in the vehicle tires reach a final processing collection, storage, or dis-
and a waste tire hauler decal to be permanently affixed posal facility.
on the driver's door of the vehicle. (d)No transporter shall receive waste tires and no
As added by SB 744(McCorquodale),Stau. 1993,c.S11, person or facility shall accept waste tires for processing,
collection, storage, or disposal without a properly com-
ARrtcLE 3. RENEwA1., SUSPENSION,AND REVOCATION pleted manifest form, with the exception that the
(Article 3 as added by SB 744,scats. 1993,c.511) processor may accept waste tires that are delivered by a
42958. The initial waste tire hauler registration Waste Eire hauler without a manifest, if the processor
issued pursuant to this chapter shall be valid from the reports the name of the waste tire hauler and the vehi-
date of issuance to January I of the subsequent calendar cle license number to the board.
(e) A waste t
year. Subsequent renewals shall be valid for one Galen- he hauler shall not transport any
waste tires without having at all times, in the vehicle
dar year. The registration shall be renewed prior to its
transporting the waste tires, a copy of the manifest for
expiration.
the waste tires.
As added by SB 744(McCorquodale),Stats. 1993,c.S11.
(F) Each party required to sign a manifest shall
42959. The board may refuse to issue or renew a maintain it for three years and shall make it available for
waste tire hauler registration on any grounds for which it review during regular business hours.
may suspend or revoke a registration. As added by SB 744(McCorquodale),Stars. 1993,c.S11.
As added by SB 744(McCorquodale),Stats. 1993,c.S11.
ARTICLE 4. ENFORCEMENT
42960. The board may suspend or revoke a waste (Article 4 as added by SB 744(McCorquodalc),Scats. 1993,c.511)
tire hauler registration in accordance with the proce- 42962. (a) Any person who intentionally,or negli-
dures in Chapter 4(commencing with Section 44300)of gently,violates any permit, rule, regulation, standard,or
Part if the holder of the registration has done any of requirement issued or adopted pursuant to this chapter,
the following acts: shall be liable for a civil penalty not to exceed ten thou-
(a)Committed any violations of,or failed to tom- sand dollars ($10,000) for each violation of a separate
ply with any requirements of,this chapter. provision or for continuing violations for each day that
(b) Aided, abetted, or permitted any violation of violation continues. Liability under this section may be
this chapter. imposed in a civil action.
(c) Aided, abetted, or permitted a failure to com- (b) In addition to the civil penalty which may be
ply with this chapter, if the failure of compliance shows imposed pursuanE to subdivision (a), the board may
a repeating or recurring occurrence or may pose a threat impose civil penalties administratively in an amount not
to public health or safety or the environment. to exceed one thousand dollars ($1,000) for each viola-
tion of a separate provision or for continuing violations
81
P U 6 L I C R E S O U R C E S C O D E
for each day that violation continues,for any person who Recycling Management Fund pursuant to subdivision
intentionally or negligently violates any permit, rule, (1)Of Section 42889.
regulation, standard, or requirement issued or adopted (b)The board may develop a legislative proposal
pursuant to this chapter. The board shall adopt regula- for an alternative fee system for the payment Of the
tions which specify the procedures and amounts for the costs of administering this chapter and submit that pro-
imposition of administrative civil penalties pursuant to posal to the Legislature for its consideration as part of
this subdivision. the 1994-95 fiscal year budge[review process.
As added by SB 744(McCorquodale),Stats. 1993,c.S11. As added by SB 744(McCorquodale),Stats. 1993,c.S11.
42963. This chapter, or any regulations adopted CHAPTER 20. REPORT TO THE LEGISLATURE
pursuant to Section 42966, is not a limitation on the (REPEALED)
power of a city,county,or district to impose and enforce (Chapter 20,(consisting of sections 42950-42952)
reasonable land use conditions or restrictions on facili- as added by SB 1322(Bergeson),Stats. 1989,c. 10%,and renum..
ties that handle waste tires in order to protect the public betcd by SB 937 Nuich),Stats. 1990,c.35,and repealed by AB 1515
health and safety or the environment, includi,ig VIC- (Sher),scats.191,c.717)
venting or mitigating potential nuisances, if the condi-
tions or restrictions do not conflict with, or impose less PART 4. SOLID WASTE FACILITIES
stringent requirements than, this chapter or those regu- (Part 4 as added by AB 939(Sher),Scats. 1989,c. 1095)
lations. However, this chapter, including any regulations CHAPTER 1. SOLID WASTE FACILITY
that are adopted pursuant to Section 42966, is intended STANDARDS
to establish a uniform statewide
ide program for the regula- (Chapter 1 as added by AB 9 (Sher),Stats.1989,c. t095)
Lion of waste tire haulers that will prevent the illegal dis- i
posal of tires, but which will not subject tire haulers to ARTICLE 1. LANDFILL FACILITY REQUIREMENTS
multiple registration or manifest requirements. (Article I as added by AB 939(Shcr),Stats. 1989,c. 1095)
Therefore, any local laws regulating the transportation 43000. The following definitions govern the con
of waste tires are preempted by this chapter.
As added by SB 744(McCorquodale),Stats. 1993,c.S11. strucUon of this chapter:
(a) "Waste management unit" means the area of a t
ARTICLE 5. FINANCIAL PROVISIONS solid waste landfill facility in or on which solid wastes
(Article 5 as added by SB 744(McCorquodale),Stats. 1993,c.511) are placed for disposal.
42964. The board may expend funds from the (b) "New waste management unit" means a
California Tire Recycling Management Fund, upon Waste management unit which is not authorized on or
appropriation by the Legislature, for purposes of imple- before January 1, 1990, under waste discharge provi-
menration of this chapter. dons adopted on or before that date pursuant to
As added by SB 744(McCorquodale),Stats. 1993,C.511. Division 7 (commencing with Section 13000) of the Water Code and for which a solid waste facility permit
ARTICLE 6. ADMINISTRATION was not issued on or before that date pursuant to Title
(Article 6as added bySB744(McCorquodale),Stats. 1993,c.511) 7.3 (commencing with Section 66700) Of the
Government Code as it read before January 1, 1990.
42966. The board shall administer this chapter. As added by AB 939(Sher),Stats. 1989,c. 1095.
The board may adopt any regulations necessary or use-
ful to carry out this chapter or any of the board's duties ARTICLE 2. HANDLING AND DISPOSAL STANDARDS
or responsibilities imposed pursuant to this chapter. (Article 2 as added by AB 939(Sher),Stats. 1989,c. 1095) I
The board shall initially, as soon as possible, adopt 43020. The board shall adopt and revise regula-
emergency regulations in accordance with Chapter 3.5 tions which set forth minimum standards for solid waste
(commencing with Section 11340) of Part 1 of Division handling, transfer, composting, transformation, and dis-
3 of Title 2 of the Government Code, and for the pur- posal, in accordance with this division, and Section 4520
poses of that chapter, including Section 11349.6 of the of,and Chapter 6.5 (commencing with Section 25 100)of
Government Code, the a8op6on of These regulations is Division 20 of, the Health and Safety Code. The board
an emergency and shall be considered by the office of shall not include any requirements that are already
Administrative Law as necessary for safety, and general under the authority of the State Air Resources Board for
welfare. Emergency regulations adopted pursuant to the prevention of air pollution or of the state water
this section shall remain in effect for a period not to board for the prevention of water pollution.
exceed 120 days.
As added by SB 744(McCorquodale),State. 1993,c.511. As added by AB 939 (Sher), States. 1989, c. 109S, and amended
by AB 3992 (Sher), Stats. 1990, c. 1355, and AB 1220 (Eastin),
42967. (a)The costs of administering this chapter Stars. 1993,c. 6S6.
shall be paid from fees deposited in the California Tire I
82 i
1
P v is L r C R e s o u to c e s ,..s C o o E
(6) Other environmentally safe applications or 42881. (a) In addition to any regulations which
treatments determined to be appropriate by the board, the board is required by statute to adopt, the board may
The board shall delay any determination of whether the adopt any rules or regulations which the board deter-
use of waste tires for fuel is appropriate until it has mines may be necessary or useful to carry out this chap-
reviewed the report required pursuant to Section ter or any of the board's duties or responsibilities
42859. imposed pursuant to this chapter.
As added by AB 1843 (W. Broom),Stars. 1989,c. 974,formerly (b) The board may prepare, publish, or issue
in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c. 3S. printed materials which the board determines to be nec-
42874. The board shall evaluate applications for essary for the dissemination of information concerning
the activities of the board pursuant to this chapter.
loans or grants under this article based upon, but not As added by AB 1843 (W. Brown),Stars. 1989,c. 974,formerly
limited to,the following factors in the proposal: ;n the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.35.
(a)The quantity of used tires that will be divert-
ed from landfills. 42882. In carrying out this chapter, the board
(b) The estimated cost per tire in the recycling, may solicit and use any and all expertise available in
processing,or conversion process. other state agencies, including, but not limited to, me
(c) The availability of markets for the recycled State Board of Equalization, and, where an existing
tire product. state agency performs functions of a similar nature to
(d) The degree to which the processing program the board's functions, the board may contract with, or
mitigates or avoids adverse environmental effects. cooperate with that agency in carrying out this chapter.
As added by AB 1843 (W. Brown),Stars. 1989,c. 974,formerly As added by AB 1843 (W. Brown),Stats. 1989,c. 974,formerly
in the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.35. in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
42875. The board may also consider the follow- 42883. The recipient of a grant, subsidy, or loan
ing factors in awarding grant or loan applications: pursuant to Article 3 (commencing with Section 42870)
(a) The ability of the proposed processing pro- shall, on or before January 1 of each year, submit a
gram to integrate with existing or proposed solid waste report to the board containing information required by
management activities. the board, including, but not limited to, the number of
(b) Financial support for implementation and used whole tires recycled, which is necessary to mea-
operation of the proposed processing program from sure the success of the recipient's program in reducing
sources other than loans and grants from the board. the number of tires disposed of in landfills or stock-
(c) The degree to which the technical approach piled.
of the proposal makes the loan and grant program As added by AB 1843(W. Broom),Stats. 1989,c. 974,formerly
financially self-sufficient. in the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.3S.
(d) The degree to which the program can be 42884 On or before May 1, 1992, and each M;1
measured or evaluated for success. Y Y
(e) The probability that the processing program I thereafter, the board shall report to the Legislature on
can be implemented and operated with the funds the number of tires recycled or otherwise diverted from
applied for and the amount of funds sought. disposal in landfills or stockpiles and the comparative
(f) The time that the land or property on which costs and benefits of the recycling or conversion
the proposed processing facility is available to the appli- processes funded under this chapter.
cant. No proposal shall be considered for a loan or grant As added by AB 1843 (W. Brown),Stats. 1989,c. 974,formerly
unless the property or facility is available for at least five in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S.
years. ARTICLE 5. FINANCIAL PROVISIONS
(g)The business plan for operation of the facility. (Article 5 as added by SB 937 Nuich),Stats. 1990,c.35)
As added by AB 1843(W. Broom),Stats. 1989,c. 974,formerly
in the Gov. C.,and added by SB 937(Vuicb),Stats. 1990,c.3S. 42885. (a) On or after July 1, 1990, every person
who leaves tires for disposal with a seller of new or used
ARTICLE 4. ADmmsTRATION tires shall pay a disposal fee of twenty-five cents($0.25)
(Article 4 as added by SB 937(Vuich),scats. 1990,c.35) per tire to the seller. The seller may retain 10 percent
42880. The board shall administer this chapter. of the fee as reimbursement for any costs associated
For organizational purposes, the board may create a new with the collection of the fee and shall remit the
division, bureau, office, or unit to administer this chap- remainder to the state on a quarterly schedule for
ter. deposit in the California Tire Recycling Management
As added by AB 1843 (W. Broom),Stats. 1989,c. 974,formerly Fund,which is hereby created in the State Treasury.
in die Gov. C.,and added by SB 937(Vuich),Stats. 1990,c. 3S. (b)The board,or its agent authorized pursuant to
Section 42882, shall be reimbursed for its costs of
77
P u s L r e R E s o U R c e s C o D e
collection, auditing, and refunds associated with the in the fund shall be appropriated in the annual Budget
fund, but not to exceed 3 percent of the total annual Act to the board for expenditure for the following pur-
revenue deposited in the California Tire Recycling poses:
Management Fund. (a) To pay the costs of administration of this
(c)This section shall become inoperative on June chapter, not to exceed 5 percent of the total revenue
30, 1999,and, as of January 1, 2000, is repealed, unless a deposited in the fund annually.
later enacted statute, which becomes effective on or (b) In addition to payments authorized by subdi-
before January 1, 2000, deletes or extends the dates on vision (a), to pay the costs of administration associated
which it becomes inoperative and is repealed. with collection, making refunds, and auditing revenues
As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly in the fund, not to exceed 3 percent of the total revenue
in the Gov. C.,and added by SB 937(Vuicb),Stars. 1990,c.3S. deposited in the fund, as provided in subdivision (b) of
42886. (a)The fees remitted pursuant to Section Section 42885.
42885 are due and payable quarterly on or before the (c)To pay the costs associated with operating the
Lire recycling program specified
15th day following the end of each calenda• qv^ tee fied in Article 3 (ommenc-
year. ing with Section 42870).
(b) A penalty of 20 percent of any fees not paid (d)To pay the costs associated iated with the develop-
when due shall be assessed and collected. ment and enforcement of regulations relating to the
As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly storage of waste tires.
in the Gov.C.,and added by SB 937(Vuicb),Stars. 1990,c.3S. (e) To pay the costs of cleanup, abatement, or
other remedial action related to the disposal of used
42887. Except in the case of fraud, intent to whole tires.
evade this chapter or rules and regulations adopted to (f) To make studies and conduct research direct-
implement this chapter, or failure to file a return, the ed at promoting and developing alternatives to the land-
notice of a deficiency determination shall be mailed fill disposal of used whole tires.
within three years after the amount that is proposed to (l) To pay the costs associated w,ith a statewide
be determined was due or within three years after the shredding program at authorized landlls and solid
return is filed, whichever period expires later. In the waste transfer stations.
case of failure to file a return, the notice of determina- (h) To pay the offsetting costs associated with a
tion shall be mailed within eight years after the amount purchase preference granted by the state for materials
that is proposed to be determined was due. manufactured from recycled tires, not to exceed one
As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly hundred thousand dollars($100,000)annually.
in the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.3S. (1)To pay the cost associated with implementing
and a waste tire auler
42888. (a) Except as agreed to by the board, no Chap err19�(commencing with Sec orn 42950)ursuant to
refund shall be approved by the board after three years As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly
from the date the payment was due for which the over- in the Gov. C., and added by SB 937(Vuicb), Stars. 1990, c. 3S, i
payment was made, or with respect to deficiency or and amended by SB 744(McCorquodale),Stars. 1993,C.S1 1.
jeopardy determinations,after six months from the date
the determinations become final, or after six months ARTICLE 6. USE OF RECYCLED TIRE PRODUCT$BY
from the date of overpayment,whichever period expires STATE AGENCIES
later, unless a claim therefor is filed with the board (Article 6 as addcd by SB 937(Vuich),SM3. 1990,c.35)
within that period. No credit shall be approved by the 42890. "Recycled tire product" means a product
board after the expiration of that period, unless a claim with not less than 50 percent of its total content derived
for credit is filed with the board within that period or from recycled used tires.
unless the credit relates to a period for which a waiver is As added by AB 1843 (W. Broom),Stars. 1989,c. 974,formerly
given by the board. in the Gov. C.,and added by SB 937(Vuicb),Stars. 1990,c.3S.
(2) A refund may be approved by the board for
any period agreed to by the board for good cause if a 42891. (a) The Department of General Services
claim therefor is filed with the board before the expira- shall revise its procedures and procurement specifica-
tion of the period agreed upon. Lions for state purchases of products which are made of,
As added by AB 1843(W. Broom),Stars. 1989,c. 974,formerly or contain components which can be derived from the
in the Gov. C.,and added by SB 937(Vuicb),Stars. 1990,c.3S. recycling of, used tires, including, but not limited t0,
rubber, oil, natural gas, carbon black, asphalt rubber,
42889. The money in the fund shall, upon order floor tiles, carpet underlays, mats, drainage pipes,
of the Controller be drawn therefrom for the payment of garbage cans, retreaded tires, and water hoses. For
refunds under this chapter. The balance of the money those purchases, the department shall give preference,
78