CHAPTER 16. Waste Tires

Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24.

§§ 42800–42855 · 51 sections

1. ARTICLE 1. Definitions §§ 42800–42808 · 17 sections

   • § 42800 The following definitions govern the construction of this chapter.
   • § 42801 “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures on an agricultural…
   • § 42801.5 (a) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart. “Altered waste tire” does not mean crumb rubber. (b)…
   • § 42801.6 “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume.
   • § 42801.7 “Crumb rubber” means rubber granules derived from a waste tire that are less than or equal to, one-quarter inch or six millimeters in size.
   • § 42802 “Fund” means the California Tire Recycling Management Fund created by subdivision (a) of Section 42885.
   • § 42803 “Local agency” means a county, city, special district, or other local governmental agency which provides or regulates solid waste handling services.
   • § 42803.5 “New or used motor vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved…
   • § 42804 “Operator” means the person responsible for the overall operation of a waste tire facility.
   • § 42805 “Owner” means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility…
   • § 42805.5 “Repairable tire” means a worn, damaged, or defective tire that is retreadable, recappable, or regrooveable, or that can be otherwise repaired to return the…
   • § 42805.6 “Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire.
   • § 42805.7 “Tire derived product” means material that meets both of the following requirements: (a) Is derived from a process using whole tires as a feedstock. A process…
   • § 42806 “Tire” means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle.
   • § 42806.5 “Used tire” means a tire that meets all of the following requirements: (a) The tire is no longer mounted on a vehicle but is still suitable for use as a…
   • § 42807 “Waste tire” means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the…
   • § 42808 “Waste tire facility” means a location, other than a solid waste facility permitted pursuant to this division that receives for transfer or disposal less than…
2. ARTICLE 2. General Provisions §§ 42810–42812 · 3 sections

   • § 42810 Nothing in this chapter limits the authority of a local agency to regulate persons or businesses that store, stockpile, process, or dispose of waste tires.
   • § 42811 The board may delegate specific powers and authority in this chapter to enforcement agencies, as defined in Section 40130, including any of the following: (a)…
   • § 42812 Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a permit for the operation of an existing waste tire…
3. ARTICLE 3. Major Waste Tire Facility Permits §§ 42820–42825 · 7 sections

   • § 42820 (a) The board, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements…
   • § 42821 The regulations for a major waste tire facility permit shall include, but not be limited to, all of the following: (a) Requirements for submission of a…
   • § 42822 The board shall issue major waste tire facility permits pursuant to the regulations upon application therefor.
   • § 42823 Except as provided in Section 42823.5, no person shall establish a new major waste tire facility or expand an existing minor waste tire facility unless the…
   • § 42823.5 (a) A cement manufacturing plant shall be exempt from the requirement to obtain a permit pursuant to Section 42823 if the operator of the cement manufacturing…
   • § 42824 On and after September 1, 1994, it is unlawful to direct or transport waste tires to a major waste tire facility or to accept waste tires at a major waste tire…
   • § 42825 (a) Any person who accepts waste tires at a major waste tire facility that has not been issued a permit or an authorization to operate from the board, or who…
4. ARTICLE 4. Minor Waste Tire Facility Permits §§ 42830–42835 · 6 sections

   • § 42830 (a) On or before December 1, 1991, the board, in consultation with the State Fire Marshal and the State Department of Health Services, shall adopt emergency…
   • § 42831 The board may exempt either of the following from the permit requirements of this article: (a) An owner or operator of a tire retreading business for the…
   • § 42832 The regulations for minor waste tire facility permits shall include, but not be limited to, all of the following: (a) Fire prevention measures. (b) Vector…
   • § 42833 The board shall issue minor waste tire facility permits pursuant to the regulations upon application therefor.
   • § 42834 On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire…
   • § 42835 (a) Any person who accepts waste tires at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board, or who…
5. ARTICLE 5. Renewal, Suspension, or Revocation §§ 42840–42849 · 11 sections

   • § 42840 A waste tire facility permit issued pursuant to this chapter is valid for five years unless suspended or revoked. The permit shall be renewed prior to the…
   • § 42841 (a) In addition to the authority specified in Section 42843, the department may reject a waste tire facility permit application if, at the time the application…
   • § 42843 (a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal…
   • § 42844 (a) The department may immediately suspend any permit issued pursuant to this chapter if the department determines that the action is necessary to prevent or…
   • § 42845 (a) (1) A person who stores, stockpiles, or accumulates waste tires at a location for which a waste tire facility permit is required pursuant to this chapter,…
   • § 42846 (a) The board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in Section 42845 which…
   • § 42846.5 If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter…
   • § 42847 If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is…
   • § 42847.5 (a) Any costs or damages incurred by the department under this article constitute a lien upon the real property owned by any responsible party that is subject…
   • § 42848 If, despite reasonable efforts by the board to identify the person responsible for the unlawful storage, stockpiling, or accumulation of waste tires or the…
   • § 42849 (a) “Threaten” or “threat,” for purposes of this article, means a condition creating a substantial probability of harm, when the probability and potential…
6. ARTICLE 6. Administrative Enforcement §§ 42850–42855 · 7 sections

   • § 42850 (a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to…
   • § 42850.1 (a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant…
   • § 42851 (a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter. The accusation shall…
   • § 42852 (a) A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5…
   • § 42853 Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of…
   • § 42854 (a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of…
   • § 42855 All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the…