Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 6. Permitting of Waste Tire Facilities and Waste Tire Hauler Registration

Article 1. General

Section 18420. Applicability.
(a) The operator of a waste tire facility shall acquire a waste tire facility permit in accordance with the requirements of this Chapter and PRC section 42808, unless any of the following conditions exist:

(1) The waste tires are stored or disposed at a permitted solid waste disposal facility. The permit of the solid waste facility shall be revised pursuant to Public Resources Code (PRC) section 44014 and shall conform to the requirements of Division 7, Chapter 3, Article 5.5.

(2) The facility is using fewer than 5,000 waste tires for agricultural purposes and the waste tires have been rendered incapable of holding accumulations of water.

(3) The facility is storing fewer than 500 waste tires.

(4) The facility is a tire treading business and not more than 3,000 waste tires are kept on the premises.

(5) (Reserved)

(6) The facility is an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the premises of the auto dismantler for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dismantler's premises.

(7) The facility is a tire dealer who stores waste tires on the dealer's premises for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dealer's premises.

(b) For the purposes of determining the applicability of this Chapter 6, altered waste tires shall be counted as passenger tire equivalents (PTE).

(c) (Reserved)

(d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9, 10 and 11 apply to operators and/or businesses described under Chapter 6, Article 1.

(e) A "used tire dealer" is only authorized to lawfully accept used or waste tires without a waste tire facility permit if the used tire dealer is in compliance with Section 17225.820, Article 4.1, Chapter 3 and has fewer than 1500 waste tires in accordance with Section 42808(c).

Note:

Authority cited:
Sections 40502, 42820, and 42830 of the Public Resources Code.

Reference:
Sections 42806.5, 42808, 42820, 42821, 42830, 42831, 42832, and 44014, Public Resources Code.

Article 2. Review of Permit Applications

Section 18423. Filing of Application.
(a) Every operator of a new or existing major or minor waste tire facility shall submit to the Board a completed original and two (2) copies of the waste tire facility permit application, as specified in Article 4 of this Chapter.

(b) Upon receipt of the application, the Board shall mark the application package with the date of receipt. Within 30 days of receipt, the Board shall examine the application package to determine whether it meets the requirements contained in this chapter and either accept the application as complete or reject the application. If the Board finds the application meets the requirements, the application shall be accepted as complete. If the Board determines that the application does not conform to the applicable requirements, it shall notify the applicant in writing enumerating the grounds for rejection.

Note:

Section 18424. Amendments to Application.
(a) At any time after an application for a waste tire facility permit has been made and before issuance or denial of a permit or revision thereof, the applicant shall notify the Board of any changes to the required information on the application. Such notice shall be given by the filing of an amendment to the application.

(b) If the Board determines that the amendment significantly alters the nature of the application, the Board may deem the amendment a new application. The new application shall supersede the previous application. In this case the time for the Board to act on the new application shall be computed from the date of filing of the amendment.

Note:

Article 3. Permit Issuance, Renewal, Revision, Revocation, Denial, Suspension, Reinstatement, Change of Owner, Operator, and/or Address

Section 18425. Permit Issuance.

(a) With the exception of subsection (d), within 180 days of accepting a completed application, the Board shall either issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, unless the applicant requests an extension of time.

(b) Upon the applicant's compliance with this Chapter, the Board may make findings and issue the permit as provided in this Article. The permit shall specify the conditions under which the waste tire facility shall comply with this Chapter.

(c) If the Board denies the issuance of a permit, it shall accompany its denial with a written explanation of its action.

(d) If the Board is lead agency for the project as defined in Government Code section 65929, for which an environmental impact report must be prepared pursuant to PRC section 21100, the Board shall have one year, from the date the application was accepted as complete, to issue or deny the issuance of a permit in accordance with subsections (b) and (c), respectively. If there has been an extension of time pursuant to PRC section 21100.2 to complete and certify the environmental impact report, the Board shall issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, within 90 days after certification of the environmental impact report. This extension of time may be extended once for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board.

(e) A copy of the current permit shall be made available upon request to the Board or an authorized employee or agent of the Board during an inspection of the facility.

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 42821, 42822, 42832, 42833, 42840, and 42841, Public Resources Code and Sections 15376 and 65920 through 65961 Government Code.

Section 18426. Permit Renewal.
(a) Except as provided in section 18429, of this Chapter, every permit shall expire five years after its issuance, renewal, or most recent revision.

(b) At least 395 days prior to the expiration of an existing waste tire facility permit, the operator shall submit a completed original application for a waste tire facility permit and two (2) copies to the Board.

(c) Sections 18423 through 18425 of this Chapter shall apply to the submittal and review of the application for renewal and the issuance of a permit.

(d) If the Board determines upon review of the application for renewal that revision of the permit is not required, it shall inform the applicant of its decision and the basis for its decision.

Note:

Authority cited:
Sections 40502, 42820 and 42830 of the Public Resources Code.

Reference:
Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840 and 42841 of the Public Resources Code and Section 15376, Government Code.

Section 18427. Permit Revision.
(a) Any permittee proposing to make a substantial change in the design or operation of the waste tire facility, the operator of the waste tire facility shall apply for a revision of the permit. The application shall be made in the manner specified in sections 18423 and 18424 of Article 2. Except as otherwise provided in this section, the application shall be handled in the same manner as an application for a new permit.

(b) The Board may require the permittee to submit an application for revision if the revision is required to reflect changed state or federal statutes or regulations applicable to the facility.

(c) Except as provided in Paragraph (b) of this section, the permittee may at any time withdraw an application by submitting a written request to the Board.

(d) The permittee shall notify the Board in writing of each administrative change no later than seven (7) business days after the change is effective. Administrative changes shall include but are not limited to, changes to any information in the application that does not apply to the design, operation of the facility.

(e) The Board will review the information provided and determine whether or not a permit revision is required. The applicant shall be notified in writing if the information is incomplete or if it is determined that a permit revision is required. If the owner/operator has satisfied all the requirements, Board staff will make applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee.

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 21068, 21082.2, 42820, 42822, 42830 and 42833 Public Resources Code and Sections 15002, 15064, and 15382, State CEQA Guidelines, Title 14, CCR.

Section 18428. Change of Owner, Operator, and/or Address.
Owners and/or operators of a facility who plan to sell, encumber, transfer or convey the ownership or operation of the facility or land to a new owner or operator, or who plan to change their address shall notify the Board 30 days prior to the date of the planned transaction. The new owner or operator is required to submit the following information:

(1) Name(s), address(es), where notice can be sent and phone number(s) of the new owner/operator;

(2) Documentation that the new owner/operator meets the financial assurance and operating liability requirements, when applicable;

(3) A signed affidavit certifying that the owner/operator has read the governing permit and conditioning documents and will operate in accordance with the terms and conditions of the existing WTFP and conditioning documents and that all new information submitted is correct; and

(4) Amendments to the application package to reflect the change in owner/operator, and/or facility name.

The Board staff will make the applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee.

Note:

Article 3.5. Enforcement Criteria for Waste Tire Facilities

Section 18429. Penalty Schedule for Administrative Complaints.
(a) Unpermitted Waste Tire Facilities:

(1) Determine in Table 1 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense (intentional only). Match it up to the amount of tires at the site, and determine the base fine. Table 1 is to be used for violations of Public Resources Code, sections 42823, 42824, 42833, 42834, and California Code of Regulations, section 18420(a). Multiply the base fine by the applicable risk factor in Table 2A or Table 2B, dependent upon whether it is negligent or intentional, and determine the total fine/day that will be set. Multiply the total fine/day by the number of days past due with the Clean Up and Abatement Order deadline.

Table 1^#

^#Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835.

Table 2A

Table 2B

(b) Permitted Waste Tire Facilities:

(1) Determine in Table 3 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense. Match it up to the amount of tires exceeding the permitted capacity at the site, and determine what the base penalty is. Table 3 is to be used for violations of the California Code of Regulations, sections 17351(c) and 17354 (a) & (b), or permit capacity only. Multiply the base penalty by the applicable risk factor in Table 4A or Table 4B and multiply that number by the amount of days past the Clean Up & Abatement Order deadline to determine the total fine. Determine what other types of violations were observed in Table 5, determine the appropriate penalty amount in accordance with the criteria established in PRC section 42852, and add these penalties to the total fine.

Table 3^{#
(For Violations Of 17351(c), 17354(a) & (b), Or Permit Capacity only)}

* Over permitted capacity
# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835.

Table 4A

Table 4B

Table 5

Note:

Article 4. Permit Application

Section 18431. Application.
An application for a new permit or an application for renewal or revision of an existing permit, for a major waste tire facility, shall include items (a) through (h) of this section. An application for a new permit or an application for renewal or revision for a minor waste tire facility permit shall include items (a) through (d) and (h) of this section.

(a) A completed form CIWMB 500 "Waste Tire Facility Permit Application" (9/02), which is incorporated herein by reference. (See Appendix A.)

(b) A completed form CIWMB 501 "Waste Tire Facility Operation Plan" (9/02) as specified in section 18432 of this Article, which is incorporated herein by reference. (See Appendix A.)

(c) A completed form CIWMB 502 "Waste Tire Facility Environmental Information" (9/02), which is incorporated herein by reference. (See Appendix A.)

(d) A completed form CIWMB 503 "Waste Tire Facility Emergency Response Plan" (9/02) as described in section 18433 of this Article. This form is incorporated herein by reference. (See Appendix A.)

(e) A completed form CIWMB 504 "Waste Tire Facility Closure Plan" (9/02). This form is incorporated herein by reference. (See Appendix A.)

(f) A completed Reduction/Elimination Plan as specified in section 18434 of this Article.

(g) Financial assurance mechanisms and operating liability as specified in Articles 9 and 10 of this Chapter. These Article 9 and 10 forms are incorporated herein by reference. (See Appendix A.)

(h) Verification that applicable local, state, and federal permits and approvals have been acquired by the applicant.

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 21068, 21082.2, 42821 and 42832, Public Resources Code, Sections 15002, 15064, and 15382, State CEQA Guidelines, Title 14, CCR, and Sections 65940 and 65941, Government Code.

Section 18432. Operation Plan.
(a) The Operation Plan, as required by 18431(b) shall demonstrate conformance with the technical standards contained in 14 CCR, Division 7, Chapter 3, Article 5.5.

(b) The operator shall file amendments to the Operation Plan whenever necessary to keep the information contained in it current.

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 41700, 42821 and 42832, Public Resources Code.

Section 18433. Emergency Response Plan.
(a) The operator of the waste tire facility shall maintain a copy of the Emergency Response Plan at the facility. At the time of permit issuance the approved Emergency Response Plan shall be forwarded to the local fire authority by the permittee. The plan shall be revised as necessary to reflect any changes in the operations of the waste tire facility or requirements of the local fire authority. The local fire authority and the Board shall be notified of any changes to the plan within 30 days of the revision.

(b) The operator of the facility shall immediately notify the Board in the event of a fire or other emergency if that emergency has potential significant off-site effects. Within 30 days of any such emergency, the operator shall submit to the Board a written report describing the cause(s) of the emergency, the results of actions taken, and an analysis of the success or failure of these actions.

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 42821 and 42832, Public Resources Code.

Section 18434. Reduction/Elimination Plan.
(a) The operator of a major waste tire facility shall submit a detailed plan and implementation schedule for the elimination or substantial reduction of existing tire piles pursuant to Public Resources Code section 42821(b).

Note:

Authority cited:
Sections 40502, 42820 and 42830, Public Resources Code.

Reference:
Sections 42821, Public Resources Code.

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