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HomeMy WebLinkAbout21- Public Services CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL�ACTIOP From: Pat Malloy, Director Subject: An ordinance of the City of San Bernardino adding Sections 8.24.181, Ppt: 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 tc ,D!lIl1 J FTr�� the disposal of scrap tires. 1 W. cf-, 4 �� Synopsis of revious 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. S igna Contact person: Lynn Merrill Phone: 5145 Supporting data attached:Staff Report, Ordinance, Resource Code Ward: All FUNDING REQUIREMENTS: Amount: $70 , 000 127-411-5505 $14 , 400 Source:(Acct. No.) 12A-413-5111 $55 , 600 (Acct. Description) Other professional services , materials & supplies . Finance: Council Notes: N/A Agenda Item No. O S- /- 9s CITY OF SAN BER[ 1RDINO - REQUEST M 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`90 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. i i ORDINANCE NO. 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONSI 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 8.24 .182 Penalty for Failure To Report Number of Scrap Tires - 25 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 8 .24 . 181 shall 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 8.24 .183 Disposal of Scrap 8 P P 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 i 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 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 .165 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 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONSi 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 adoptedi 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 By: 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(Killea),Slats. 1989,c. 1093,formerly in (b) The board shall review its standards at least the Gov.C.,and added by SB 937(Vuieb),Slats. 1990,C.35. once every two years and determine whether they should be adjusted to reflect changes in industry scan- ARTICLE PENALTIES 93 dards and practices, and, if so, the board shall set new (Article 5 a,added by SB 937(Vuich),scats. 1990,c.35) standards according to the criteria in subdivision(a). 42790. Any person who violates Article 3 (com- As added by AB 1305 (Killea),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(Killea),Stats. 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),Stats.1993,c-663. papers, including coated groundwood papers and other 42791. In addition to Section 42790, any person papers which are not newsprint. The board shall report who violates Article 3(commencing With Section 42770) July indi of its survey to the Legislature on or at lore may be assessed a civil penalty by the board of not more As added by AB 1305(Kilka),Slats. 1989,c. 1093,formerly in than one thousand dollars ($1,000) for each violation, the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c.35. pursuant to notice and hearing. Any civil penalties received pursuant to this subdivision shall be deposited Altncu 4. FALSE CERTIFICATION 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 42780. If any person provides a consumer of the administration of this division. As added by AB 1305(Killen), 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- amended by AB 2211 (Sher), Starr. 1992, c. 280, and AB S4 suant to Section 42772, the board, within 30 days of (Sher),Slats. 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),State.1989,c.974, As added by AB 1305(Killen),Scats. 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. 1990,c.35. Stats.19%,c.35) 42781. If any consumer of newsprint provides ARTICLE 1. DEFINmoNs the board with a false of misleading certificate concern- (Article 1 as added by AB 1843(W.Brown),Scats. 1989,c.974, ing the percentage of recycled-content newsprint used formerly in the Gov.Stats.and added by SB 937(Vuich), pursuant to Section 42770, the board within 30 days of scats.1990,e.35) 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. Brown),Slats. 1989,c. 974,formerly t As added b AB 1305(Killen),Slats. 1989•c. 1093,formed in the y ) t Y Y in the Gov. C.,and added b SB 937(Vurch,Slats. 1990,c.35. Gov.C.,and added by SB 937(Vuich),Stars. 19%,c.35. 42782. If any consumer of newsprint provides 42801. "Agricultural purposes" means the use of the board with a false of 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 1305 (Killen),Slats. 1989,c. 1093,formerly in of Section 42885. 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 42783. Specific information on newsprint prices in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. - included as part of a certificate submitted to the board by newsprint consumers or suppliers of newsprint is 70 42803. "Loral 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).Stags.19%,c.35,and provides or regulates solid waste handling services. repealed and added by AB 1515(Sher),Stats.1991,c.717) As added by AB 1843(W.Brown),Slats. 1989,c. 974,formerly 42810. Nothing in this chapter limits the authori- in the Gov.C.,and added by SB 937(Vwich),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),Stags. 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(Vnrich), Slats. 1990, c. 3S, in the Gov.C.,and added by SB 937(Vuich),Stags. 1990,c.3S. and repealed and added by AB 1515(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 cire facility, the waste tires and authority in this chapter to enforcement agencies,as located at a facility, or the land on which a waste tire 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 in the Gov.C.and Rdded by.CB 937(Vuich),Slats. 1990,c.3S. to regulations adopted under subdivision (a) of Section 42821. 42806. "Tire" means a pneumatic tire or solid (b)Inspection of permitted facilities. cire manufactured for use on any type of motor vehicle. (c)Enforcement of waste are 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),Stags. 1990,c.3S. in the Gov. C., and added by SB 937(Vuich), Slats. 1990,c. 3S, 42807. "Waste tire" means a cire that has been and repealed and added by AB ISIS(Sher),Stags. 1991,c. 717. 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),Stags. 1989,c. 974,formerly waste tire facility pursuant m 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 are facility made between the time this chapter becomes effective and the permit is initially issued by ocher than a solid waste facility permitted pursuant to the board and as w any subsequent substantial changes this title that receives for transfer or disposal less than made in the design or operation of the waste are facility. 150 ores per day averaged on an annual basis, where, at As added by AB 1843(W.Brown),Stags. 1989,c. 974,formerly any time, waste tires are stored, stockpiled, accumulat- in the Gov. C., and added by SB 937(Vuich), Slags. 1990,c. 3S, ed,or discarded. "Waste cire facility" includes all of the and repealed and added by AB ISIS(Sher),Stags. 1991,c. 717. following: (a) "Existing waste tire facility" means a waste Sections 42813 to 42817. REPEALED cire facility which is receiving, storing, or accumulating As added by AB 1843(W. Brown),Stags. 1989,c. 974,formerly waste tires, or upon which waste tires are discarded, on in the Gov. C., and added by SB 937(Vuich), Stags. 1990, c. 35, January 1, 19%. and repealed by AB ISIS(Sher),Slats. 1991,c. 717. (b) "Major waste cire facility" means a waste tire facility where,at any time,5,000 or more waste tires are ARTICLE 3. MAJOR WASTE TIRE FACILITY Pc.35) or will be scored,stockpiled,accumulated,or discarded. (Article 3 u added by SB 937(Vuich),scan. 1990,e.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 ores are or will be stored,stockpiled, accu- Department of Health Services, shall adopt emergency mulaced, or discarded. However, a "minor waste cire regulations setting forth the procedures and require- facility" does not include a Eire dealer or an automobile menu necessary to obtain a major waste tire facility per- dismantler, as defined in Sections 220 and 221 of the mit. Vehicle Code, who stores 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- dismander's premises. suant to Chapter 3 (commencing with Section 44001)of As added by AB 1843(W. Brown),Stags. 1989,c. 974,formerly Part 4. in the Gov. C., and added by SB 937 (Vuich), Slats. 1990, c. 3S, 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), Stags. 1990, c. 3S, and amended by the Gov. Reorg. Plan No. 1 of 1991. 71 42821. The regulations for major waste tire facili- waste tire facility or to 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),Slats. 1989,c. 974,formerly operations plan which contains Elie following compo- in the Gov. C., and added by SB 937 (Bergeson), Slats. 1990, c. nents: 3S, and amended by AB 1515 (Sher), Slats. 1991, c. 717, and AB (1)Fire prevention measures. 2494(Sher),Slats. 1992,c. 1292,and AB 3322(Sher),Slats. 1992, (2)Fencing and other security measures. c. 1293. (3)Vector control measures. (4)Limits on Elie size and height of tire piles. 42825. Any person who accepts waste tires at a (5)A closure plan. major waste tire facility which has not been issued a (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^�, 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),Slats. 1989,c. 974,formerly (4) Production of supplemental fuels for cement in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,C.3S. kilns,lumber operations,or other industrial processes. ARnc1E 4. MINOR WAsn TIRE FACRM PERMITS (5)Tire shredding and transportation to an autho- (Article 4 as added by SB 937 Nuich),Stats. 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 Eire 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 to Chapter 3 (commencing with Section 44001)of necessary. The financial assurance shall be a ErusE 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), Slats. 1990, c. 35, As added by AB 1843(W. Brown),Slats. 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),Slats. 1990,c.3S. 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 fire retreading busi- cation therefor. ness for the business site if not more than 3,000 waste As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly ores are kept on the business premises. in the Gov. C.,and added by SB 937(Vuich),Stars. 1990,c.3S. (b)A person using waste rires 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. Brownl,Slats. 1989,c. 974,formerly shall establish a new major waste tire facility or expand in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. an existing minor waste tire facility unless the person has obtained a major waste are facility permit issued by 42832. The regulations for minor waste Eire facil- the board pursuant to Section 42822. ity permits shall include, but not be limited to,all of the As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly following: in the Gov. C., and added by SB 937 (Vuich), Stan. 1990, c. 3S, (a)Fire prevention measures. r and amended by AB 151S(Sher),Stars. 1991,c. 717,and AB 2494 (b)Vector control measures. (Sher), Slats. 1992, c. 1292, and AB 3322 (Sher), Slats. 1992, c. (c) Other measures determined by the board to 1293. be necessary to protect the public health and safety. As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly 42824. On or after September 1, 1994, it is in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. unlawful to direct or transport waste tires to a major 72 42833. The board shall issue minor waste tire (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. Brown),Stats. 1989,c. 974,formerly (e)Committed any misrepresentation or omission in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. of a significant fact or other required information in the 42834. On or after July 1, 1994, it is unlawful to application for a waste Eire facility permit. direct or transport waste tires to a minor waste tire facili- As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly in the Gov.C.,and added by SB 937(Vuich),Stacs. 1990,c.3S. ry or to accept waste tires at a minor waste rice facility unless the operator has obtained a minor waste tire facil- 42843. Except as provided in Section 42844, pro- iry permit. ceedings for the denial, suspension, or revocation of a As added by AB 1843(W.Brown),Stats. 1989,c. 974,formerly permit under this chapter shall be conducted in accor- in the Gov. C., and added by SB 937(Vuich), Stats. 1990, c. 3S, dance with Chapter 4(commencing with Section 44300) and amended by AB 2494 (Sher), Stats. 1992, c. 1292, and AB of Part 4. 3312(Sher),Stats. 1992,c.1193. As added by AB 1843(W. Brown),Stats. 1989,c. 974,formerly 42835. Any person who accents waste tires at a in the Gov. C., and added by SB 937(Vuich), Scats. 1990, c. 3S, and amended by AB 2211 (Sher),Stats. 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 not 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 W the public health or safety or the envi- by imprisonment in the county jail for not more than ronmenc. 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. Brown),Stan. 1989,c. 974,formerly mit of the temporary suspension and the effective date in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. [hereof and, at the same time, shall serve the person with an accusation. AR(Arti i 5 RENEWAL SUSPENSION, OR t REVOCATION (c) Upon receipt by the board of a notice of (Article 5 as added by s6 937(Vuich),stars.1990,c 35) defense to the accusation from the holder of the permit, 42840. A waste tire 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 later 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. Brown),Stats. 1989,c. 974,formerly effect until the hearing is completed and the board has in the Gov. C.,and added by SB 937(Vuich),Stats. 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 Eire 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),Scats. 1989,c. 974,formerly As added by AB 1843(W.Brown),Stars. 1989,c. 974,formerly in the Gov. C.,and added by SB 937(Vuwh),Scats. 1990,c. 3S. in the Gov. C.,and added by SB 937(Vuich),Stats. 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 those waste tires or abate the effecrs thereof, or, in this chapter. the case of threatened Pollution or nuisance, take other (c) Aided, abetted, or permitted a failure w 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 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),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. 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 the 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),Slats. 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),Slats. 1990,c.3S. for or other persons, and regardless of whether injunc- tive relief is being sought. ARTICLE 6. ADMINISTRATIVE ENFORcEmwr (b)The board may perform the work itself, or by (Article 6 as added by SB 937 Nuich),Stars. 19%,c.35) or in 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 mit, 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 administra- Services pursuant to Section 10295 of the Public tively pursuant to this article. Contract Code. 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 amended by AB 2111 (Sher),Slats. 1992,c.280,and AB 2494 and amended by AB ISIS(Sher),Slats. 1991,c. 717. (Sher), Slats. 1992, c. 1292, and AB 3322 (Sher), Slats. 1992, c. 42847. If waste tires are cleaned up, the effects 1293,and AB 54(Sher),Slats. 1993,c.663. of the tires abated, or, in the case of threatened pollu- 42851. (a) The board may issue a complaint to Lion or nuisance, other necessary remedial action is any person on whom civil liability may be imposed pur- 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 parry 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),Slats. 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(Vuich),Slats. 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. As added by AB 1843(W. Brown),Stau. 1989,c. 974,formerly age, stockpiling, or accumulation of waste tires or the condition of pollution or nuisance, the person is not to the Gov. C. and added by SB 937(Vuich),Slats. 1990,c.35. identified at the time cleanup, abatement, or remedial 74 42852. (a) Any hearing required under this sec- 42855. All penalties collected under Section tion shall be conducted by an independent hearing offs- 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. sideration the nature,circumstances, extent, and gravity of the violation, the violator's past and present efforts to ARTICLE 7. WASTE TIRES To ENERGY (Article 7 as added by SB 937(Vuich),Stats. 1990,c.35) prevent, abate,or clean up conditions posing a threat to the public health or safety or the environment, the via 42859. (a) On or before December 1, 1991, the lacor'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 lated 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. Broom),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),Slats. 1990,c.3S. issuance thereof, and payment shall be made within 30 CHAPTER 17. CALIFORNIA 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(Vuich),Stan. 1990,c.35) served with the complaint and upon other persons who appeared at the hearing and requested a copy. ARTICLE 1. FINDIIVGS (Article 1 as added by SB 937(Vuich),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(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. Brown),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),Slats. 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 Eo, 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 Eire byproducts, tire shred- any proceedings conducted pursuant to 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 srate'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 pur- (c)There are currently no dedicated resources for suant to 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 tire 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 42911. (a) By September 1, 1994, each local As added by SB 744(McCorquodale),Stats. 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 Eire by the local agency as an ordinance. hauler without being registered as a waste tire hauler by As added by AB 1327(Farr),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),Stars. 1993,c.S11. c.60. 42953. On and after January 1, 1995, any person CHAPTER 19. TIRE HAULER REGISTRATION 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 reglsiiatlon trom the board, unless the ARTICLE 1. DERNITIONS hauler is exempt as specified in Section 42954. (Article 1 as added by SB 744(McCorquodale),Stats. 1993,c.S 11) As added by SB 744(McCorquodale),Stats. 1993,c.S11. 42950. For purposes of this chapter, the following '�4t954:'(af A. e�soib aha it�nlb"' ate'tires definitions apply: C=grfrom re�imation Undet-O e�pturW.2t ieCy (a) "Applicant" means any person seeking to reg- OnCl Vftlle>F0WVRngtind'tloti3jfh*tr 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 co, 211 used tires, altered wasted tires S�'sf recappable casings, and scrap tires. "Waste ti taxes � C" 1!iVl {$t.>ti ldphty 10 includes tires that have been altered by processes Abf states Me"Mi=gawY including, but not limited to, shredding, chopping, and or opo�tWAMMd.at&&W2sVCam;yr"ecfochi:e.f� era 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),Stats. 1993,c.S11. tural purposes. However, notwithstanding Section 42961.5, a person hauling waste tires for agricultural AR,ncLE 2. REGISTRATION AND GENERAL PROVISIONS purposes shall carry a manifest from the generator in the (Article 2 as addcd by SB 744(McCorquodale),Stars. 1993,c.511) vehicle during transportation, which may be destroyed after delivery. 42951. (a) On and after January 1, 1995, every person who engages in the transportation of waste tires (�) The waste tires were hauled by a common shall hold a valid waste tire 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 arcs on the return part of the trip, and the rev- waste tires to a facility that is not a waste r,ire facility, as enue derived from the waste tires is incidental when defined in Section 42808, a landfill authoried 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 ures in violation of waste tires pursuant to a state or local agency permit, or subdivision (b) of Section 42951 shall not be exempt a facility which lawfully accepts waste ures for reuse or pursuant to subdivision(a). disposal,shall be subject to the civil penalty imposed by As added by SB 744(McCorquodale),Stats. 1993,C.S11. Section 42962. 80 42955. An application for a new or renewed waste (d)Committed any misrepresentation or omission Eire hauler registration shall be made on a form of a significant fact or other required information in Elie 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.SI1. (a) A vehicle description, vehicle identification number, vehicle license number, and the name of the 42%1. If the board denies an application for reg- registered vehicle owner for each vehicle used for trans- istration, the applicant rr1jy request a hearing by the porting waste tires. - board. (b) The business name under which the hauler As added by SB 744(McCorquodale),Slats. 1993,c.S11. operates, and the business owners' name, address, and -42961,5. The board shall.develop a,waste tire telephone number. manifest aystem 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 Elie point of origin to the bond renewal shall be submitted with the application 'ro-e!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.SI1.' resin 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 tire 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),Slats. 1993,c.S11. person or facility shall accept waste tires for processing, collection, storage, or disposal without a properly com- ARTICLE 3. RENEWAL, SUSPENSION, AND REvocATloN pleted manifest form, with the exception that the (Article 3 as added by SB 744,Sorts. 1993,c.s 11) processor may accept waste tires that are delivered by a 42958. The initial waste tire hauler registration Waste tire 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 1 of the subsequent calendar cle license number to the board. year. Subsequent renewals shall be valid for one Galen- (e) A waste tire hauler shall not transport any dar year. The registration shall be renewed prior to its Waste tires without having at all times, in the vehicle expiration. transporting the waste tires, a copy of the manifest for 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(McCorquodale),Scats. 1993,c.511) Eire hauler registration in accordance with the proce- 42%2. (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 4, if the holder of the registration has done any of requirement issued or adopted pursuant Eo this chapter, Elie following acts: shall be liable for a civil penalty not to exceed ten thou- (a)Committed any violations of,or failed to com- 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 pursuant 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 1 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 budget review process. As added by SB 744(McCorquodale),Stars. 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 LECISLATURE 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),Stars. 1969,c. 10%,and rcnum- ties that handle waste tires in order to protect the public bored by SB 937 Nuich),Stats.1990,c.35,and repealed by AB 1515 health and safety or the environment, including VIC- (Sher),Stats.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 FAQLITIES stringent requirements than, this chapter or those regu- (Part 4 as added by AB 939(Sher),Stats. 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 program for the regula- (Chapter 1 u added by AB 939(Sher),Staa.1989,c. 1095) Lion of waste tire haulers that will prevent the illegal dis- posal of tires, but which will not subject Eire haulers Eo ARTICLE 1. LANDFn-L FACILITY REQuIREmENTS multiple registration or manifest requirements. (Article Ias added byAB939(Sher),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. struetion of this chapter. (a) "Waste management unit" means the area of a ARTICLE S. 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. 42%4. 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- mentation of this chapter. dons adopted on or before that date pursuant to As added by SB 744(McCorquodale),Stars. 1993,c.S11. Division 7 (commencing with Section 13000) of the Water Code and for which a solid waste facility permit ARTICLE 6. ADMINIsTRAT1ON was not issued on or before that date pursuant to Title (Article 6as added bySB744 WcCorquodale),SUES. 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 ditties ARTICLE 2. HANDLING AND DISPOSAL STANDARDS or responsibilities imposed pursuant to this chapter. (Article 2 as added by AB 939(Sher),Stag. 1989,c. 1095) 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 Z5 100)of Government Code, the ar3option 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),Stats. 1993,c.Sll. As added by AB 939 (Sber), Stats. 1989, c. 109S, and amended by AB 3992 (Sher), Stats. 1990, c. 13SS, and AB 1220 (Eastin), 42%7. (a)The costs of administering this chapter Stars. 1993,c. 6S6. shall be paid from fees deposited in the California Tire 82 P u a t t c R e s o u R c e 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 deEcr- 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. Brown),Stats. 1989,c. 974,formerly (b) The board may prepare, publish, or issue in the Goo.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 (a)The quantity of used tires that will be divert- limited to,the following factors in the proposal: in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.35. ed from landfills. 42882. In carrying out this chapter, the board (b) The estimated cost per Eire in the recycling, may solicit and use any and all expertise available in processing,or conversion process. other state agencies, including, but not limited co, the (c) The availability of markets for the recycled State Board of Equalization, and, where an existing Eire 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),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.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 Eo, 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. Brown),Stars. 1989,c.974,formerly financially self-sufficient in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. (d) The degree to which the program can be measured or evaluated for success. 42884. On or before May 1, 1992, and each May (e) The probability that the processing program 1 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),States. 1989,c. 974,formerly unless the property or facility is available for ac least five in the Gov.C.,and added by SB 937(Vuich),Stats. 1990,c.3S. years. ARnctE 5. FINANCIAL PROVISIONS (g)The business plan for operation of the facility. (Article 5 as added by SB 937(Vuich),Stats. 1990,c.35) As added by AB 1843(W. Broom),Stan. 1989,c. 974,formerly in the Gov. C.,and added by SB 937(Vuich),Stars. 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. ADmiNISntA77ON tires shall pay a disposal fee of twenty-five cents($0.25) (Article 4 as added by SB 937(Vuich),Scats. 19%,c 35) per sire 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 Ehe 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. Brown),Stats. 1989,c. 974,formerly Fund,which is hereby created in the State Treasury. in the Gov. C.,and added by SB 937(Vuich),Stats. 1990,c.3S. (b)The board,or its agent allEhorizcd pursuant to Section 42882, shall be reimbursed for its costs of 77 P u s L t c R E s o u t c e s C o D 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.Brown),Stals. 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(Vuich),Slats. 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 osts associated with operating the 15th day following the end of each calendp• qty-►te• tire recycling program specified in Article 3 (commenc- year. ing with Section 42870). (b) A penalty of 20 percent of any fees not paid (d)To pay the costs associated with the develop- when due shall be assessed and collected. merit and enforcement of regulations relating to the As added by AB 1843(W.Brown),Slats. 1989,c. 974,formerly storage of waste tires. in the Gov.C.,and added by SB 937(Vuich),Slats. 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 (g) To pay the costs associated with a statewide be determined was due or within three years after the shredding program at authorized landfills 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. Brown),Slats. 1989,c. 974,formerly hundred thousand dollars($100,000)annually. in the Gov.C.,and added by SB 937(Vuich),Slats. 1990,c.3S. (i)To pay the cost associated with implementing and operating 2 waste tire 42888. (a) Except as agreed to by the board, no Chapter 19(commencing with Section 42950jursuant to refund shall be approved by the board after three years As added by AB 1843(W. Brown),Slats. 1989,c. 974,formerly from the date the payment was due for which the over- in the Gov. C., and added by SB 937(Vuich), Slats. 1990, c. 3S, payment was made, or with respect to deficiency or and amended by SB 744(McCorquodale),Slats. 1993,c.S11. jeopardy determinations,after six months from the date the determinations become final, or after six months ARTICLE 6. USE OF RECYCLED TIRE PRODUCTS BY from the date of overpayment,whichever period expires STATE AGENCIES later, unless a claim therefor is filed with the board (Article 6 as added by SB 937(Vuich),Scats.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. Brown),Slats. 1989,c. 974,formerly given by the board. in the Gov. C.,and added by SB 937(Vuich),Slats. 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. Brown),Slats. 1989,c. 974,formerly or contain components which can be derived from the in the Gov. C.,and added by SB 937(Vuich),Slats. 1990,c.3S. recycling of, used tires, including, but not limited to, 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 chose purchases, the department shall give preference, 78