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

Section 18459. Waste Tire Manifest System Requirements.
(a) The Board will provide blank forms: CIWMB 203, CIWMB 647, CIWMB 648, and CIWMB 180 at the time of initial or renewed waste tire hauler registration. These forms will be provided at no cost. CIWMB 180 shall only be completed by a Retreader. It shall be unlawful for a waste tire hauler, who is not a Retreader determined by the Board, to use a Retreader Trip Log.

(1) The Manifest Form (CIWMB 647) and Tire Trip Log (CIWMB 648) may be used in lieu of the Comprehensive Trip Log; however, the Manifest Form and Tire Trip Log shall not be used after December 31, 2005.

(2) In lieu of (a)(1), if approved on an individual basis by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log requirements of this section, may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board. The hauler shall provide a copy of their Board approved form to the generator or end-use facility for every waste or used tire transaction.

(3) Additional forms may be obtained from the Board by request.

(b) The Comprehensive Trip Log, Manifest Form, Tire Trip Log, and Retreader Trip Log shall be completed, and signed under penalty of perjury by the appropriate representative, and accompany each shipment of used or waste tires from the point of origin to the facility.

(c) The following persons and entities shall comply with the Waste Tire Manifest System:

(1) waste and used tire hauler

(2) used or waste tire generator

(3) Federal, State, and local governments

(4) person hauling used or waste tires for agricultural purposes

(5) exempted commercial carrier

(6) a facility

(7) any person not included in Section 18459 (c)(1) through (6) who gives, contracts, or arranges to have used or waste tires transported

(8) any person not included in Section 18459 (c)(1) through (6) who accepts used or waste tires

(9) Retreader

(d) For purposes of this section, "waste and used tire hauler" means any person engaged in the transportation of used or waste tires, including haulers that the Board approved as exempt from registration pursuant to Public Resources Section 42954.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18459.1. Tire Program Identification Number.
(a) On or after July 1, 2003, every waste tire generator shall apply for and obtain a CIWMB assigned Tire Program Identification Number for each location from which used or waste tires are generated and transported from. Each location shall be assigned a unique site specific Tire Program Identification Number.

(b) On or after July 1, 2003, every end-use facility shall apply for and obtain a CIWMB issued Tire Program Identification Number for each location where used or waste tires are accepted. Each location shall be assigned a unique site specific Tire Program Identification Number.

(c) Every waste tire hauler shall be assigned a CIWMB issued Tire Program Identification Number, if not already assigned, at the time of registration.

(d) Only one Tire Program Identification Number shall be assigned to any one business location. The Board shall issue a certificate with the Tire Program Identification Number for each location, which shall be posted by the operator in a conspicuous place.

(e) Every waste tire generator, waste tire hauler, or waste tire end-use facility shall submit written notification to the CIWMB upon any change of business operator or owner, business name, or business address within 10 days of the change.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, 42962, Public Resources Code.

18459.1.2. Electronic Data Transfer and Web-Based Data Entry Requirements.
(a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Board in lieu of the required Comprehensive Trip Log, Retreader Trip Log, or Manifest or Tire Trip Log forms requirements with the following provisions:

(1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry project.

(2) The business shall be in good standing with the CIWMB and have no final administrative, civil, or criminal actions taken by the CIWMB or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations.

(3) The waste tire generator, waste tire hauler, Retreader, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically.

(4) The Business entity may use their own functionally equivalent form, once approved by the Board, in lieu of the Board required form.

(b) The CIWMB may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c).

(c) Any falsification, misrepresentation, or omission of a fact to the CIWMB, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry project or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry programs.

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18459.2.1. Submittal of the Comprehensive Trip Log, Manifest Form, Tire Trip Log, Retreader Trip Log, and Electronic Reporting to the Board.
As provided in this section, the Comprehensive Trip Log, or Manifest Form and Tire Trip Log, or Retreader Trip Log shall be submitted to the CIWMB by the waste tire generator, waste tire hauler or Retreader as specified in (a), (b), (c), or (d).

(a)

(1) If the waste tire hauler chooses to use the Manifest form, the waste tire generator shall submit the completed original Manifest Form to the Board within ninety (90) days of the load shipment. The Manifest Form and Tire Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Manifest Form and the Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.

(2) If the waste tire hauler chooses to use the Tire Trip Log, the waste tire hauler shall submit the completed original Tire Trip Log to the Board within ninety (90) days of the load shipment.

(3) The Manifest Form and Tire Trip Log shall not be used after December 31, 2005.

(b) On or before January 1, 2006, the waste tire hauler shall submit a copy of the completed Comprehensive Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Comprehensive Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.

(c) If the waste or used tire is a tire casing being shipped for inspection, retreading, or recapping and is being transported by a Retreader, the waste tire generator may substitute an invoice for the required manifest form provided by the Retreader. The invoice shall contain the date of the transaction, the name of the customer and address, the Tire Program Identification Number of the generator or end use facility, the name of the retreader and address, the quantity of tire casings shipped. A copy of the invoice and Retreader Trip Log shall be in the Retreader's possession while transporting the tire casings. The copy of the invoice and Retreader Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.

(1) The Retreader shall submit the completed Retreader Trip Log to the Board within ninety (90) days of the load shipment.

(d) If approved by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the requirements set forth in above (a), (b), or (c) may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board, in lieu of submitting the required form. The electronic report shall include all information required to be on the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log forms.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18459.3. Maintenance of Comprehensive Trip Logs, Retreader Trip Logs, Manifest Forms and Tire Trip Logs.
(a) The waste tire generator, and end-use facility shall retain a copy of the completed Manifest Form, receipt from the Comprehensive Trip Log, or Board approved EDT form at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.

(1) If the waste or used tire is a tire casing being shipped to or from a generator, or end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form or receipt from the Comprehensive Trip Log. This invoice shall be retained at the place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request.

(b) The waste tire hauler shall retain a copy of the completed Board approved EDT form, Comprehensive Trip Log, or the Manifest Form and Tire Trip Log at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.

(1) The Retreader shall retain a copy of the completed Retreader Trip Log and corresponding invoices at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.

(c) Any person using Electronic reporting, including used and waste tire generators and end-users, must retain a copy of the Board approved EDT form from the waste tire hauler or Retreader at their place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18460.1. Waste Tire Manifest System Requirements for Agricultural Uses Exemption.
(a) As provided in §18459(a)(1), the agricultural exempt waste tire hauler shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board.

(b) The agricultural exempt waste tire hauler shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information.

(c) The agricultural exempt waste tire hauler shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the agricultural exempt waste tire hauler representative.

(d) The agricultural exempt waste tire hauler may destroy the "hauler" copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log upon reaching the end-use facility.

(e) The agricultural exempt waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(f) The agricultural exempt waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42951, 42954, and 42961.5, Public Resources Code.

Section 18460.1.1. Waste Tire Manifest System Requirements for Common Carrier Exemption.
(a) As provided in §18459(a)(1), the common carrier approved for exemption pursuant to Public Resources Code Section 42954 shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board.

(b) The exempt common carrier shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information.

(c) The common carrier shall keep one copy of the completed Comprehensive Trip Log or Manifest Form and Tire Trip Log.

(d) The common carrier shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the common carrier representative.

(e) If the used or waste tires are transported from a collection center, a new Manifest Form or receipt from the Comprehensive Trip Log shall be used until the waste tires reach an end-use facility.

(f) The common carrier shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(g) The common carrier shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42951, 42954, and 42961.5, Public Resources Code.

Section 18460.2. Waste Tire Manifest System Requirements for Waste Tire Haulers.
(a) The registered waste tire hauler shall show the waste tire generator the waste tire hauler registration for the vehicle being used to transport the used or waste tires.

(b) As provided in s 18459(a)(1), the registered waste tire hauler shall complete a new Manifest Form or receipt from a Comprehensive Trip Log for each pick-up or delivery of any used or waste tires in accordance with the directions on the form. If a Manifest Form is used, each pick-up or delivery of used or waste tires shall also be entered on the Tire Trip Log in accordance with the directions on the form. The waste tire hauler shall not transport any used or waste tires without having a copy of the Manifest Form and Tire Trip Log or Comprehensive Trip Log in the vehicle transporting the used or waste tires.

(1) As provided in s 18459(a)(2), the registered waste tire hauler may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and substitute an electronic report for the Manifest Form and Tire Trip Log or Comprehensive Trip Log.

(c) A vehicle may contain used or waste tires from different waste tire generators. Used or waste tires from each generator shall be accompanied by their own Manifest Form or receipt from the Comprehensive Trip Log from point of origin.

(d) The waste tire hauler shall leave one copy of the Manifest Form or a completed receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form or receipt has been completed.

(e) The waste tire hauler shall keep one copy of the completed Manifest Form or Comprehensive Trip Log.

(f) The waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.

(g) The waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of the waste tire generator, or end-use facility who does not provide the necessary information to the hauler in order to complete the manifest or Comprehensive Trip Log.

(h) The waste tire hauler shall not transport the used or waste tires without a properly completed Manifest Form and Tire Trip Log or Comprehensive Trip Log.

(i) Those waste and used tire haulers exempt from registration pursuant to Public Resources Code section 42954 shall be required to comply with the manifest requirements of Subsections (b) through (h) if they haul a load of 10 or more waste or used tires; however will not be allowed to participate in the electronic reporting as provided in (b)(1).

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42951, 42954, 42956, and 42961.5, Public Resources Code.

Section 18460.2.1 Waste Tire Manifest System Requirements for Retreaders.
(a) A registered waste tire hauler meeting the requirements set forth in §18450(a)(19) shall complete, sign under penalty of perjury, and submit the Retreader Self-Certification Form (CIWMB 173) to the Board before the Board deems that registered waste tire hauler to be a Retreader.

(b) The Retreader shall show the waste tire generator the Retreader registration card for the vehicle being used to transport the tire casings.

(c) The Retreader shall complete an invoice in accordance with §§18459.2.1(c) and 18461(a)(1) for each pick-up or delivery of tire casings. Notwithstanding §18459(d), each pick-up or delivery of tire casings shall also be entered on the Retreader Trip Log in accordance with the directions on the form. The Retreader shall not transport any tire casings without having a copy of the invoice and Retreader Trip Log in the vehicle transporting the tire casings.

(d) A vehicle may contain tire casings from different waste tire generators. Tire casings from each generator shall be accompanied by their own invoice form from point of origin.

(e) The Retreader shall leave one copy of the invoice form with the waste tire generator, or end-use facility after the invoice form has been completed.

(f) The Retreader shall keep one copy of the completed invoice form.

(g) The Retreader shall not haul tire casings to an end-use facility not legally authorized to accept used or waste tires.

(h) The Retreader shall not transport the tire casings without a properly completed invoice form and Retreader Trip Log.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42961.5, and 42962, Public Resources Code.

Section 18461. Manifest System Requirements for Waste Tire End-Use Facilities.
The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following:

(a) As provided in §18459.3.(a), an end-use facility shall retain a copy of the Manifest Form, Board approved EDT form, or the completed receipt from the Comprehensive Trip Log provided by the registered hauler.

(1) If a tire casing is being shipped to an end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form.

(b) The waste tire end-use facility may accept the used or waste tires from waste tire hauler(s) who are not registered with the Board and/or have no manifest as provided below:

(1) If waste or used tires are received from a registered hauler that does not have a Comprehensive Trip Log, the end use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) within 48 hours of the tire delivery and submit the form to the CIWMB within 90 days.

(2) The end-use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit it to the Board within 30 days of the acceptance of 10 or more waste or used tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 waste or used tires to the end-use facility.

(3) If the person is hauling 20 or more waste or used tires under the written authorization of a Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit the form to the Board within 30 days of the acceptance of waste or used tires from that person.

(c) End-use facility operators shall make available for review by the waste tire hauler any Board issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of used or waste tires on the site.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42951 and 42961.5, Public Resources Code.

Section 18462. Manifest System Requirements for Waste Tire Generators.
(a) A waste tire generator shall not give, contract, or arrange with another person to transport used or waste tires unless that person is a registered waste tire hauler or is exempt under Public Resources Code Section 42954.

(1) If a tire casing is being shipped from a generator for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form. This invoice shall be retained at the place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request.

(b) As provided in s 18459.3(a), a waste tire generator shall retain a Board approved EDT form, completed receipt from the Comprehensive Trip Log provided by the hauler, or, retain a copy, and forward the original Manifest Form to the Board.

(c) If waste or used tires are removed from the generator's location by a registered waste tire hauler and a completed receipt from the Comprehensive Trip Log is not provided, the generator shall complete a Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) within 48 hours of the tire removal and submit the form to the CIWMB within 90 days.

Note:

Authority cited:
Sections 40502, 42966, and 43020, Public Resources Code.

Reference:
Sections 42950, 42951, 42952, 42953, 42954, 42961.5, and 42962, Public Resources Code.

Section 18463. Civil Penalties.
Any waste tire generator, end-use facility, or waste tire hauler, or any party or person who commits any of the following acts shall be liable for a civil penalty:

(a) Intentionally, or negligently violates any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposal of used or waste tires.

(b) The aiding or abetting, or allowing of any violation, or noncompliance with any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposals of used or waste tires.

(c) Any violation of, or noncompliance with any order issued by the Board or by a hearing officer or a court relating to the generation, transportation or disposal of used or waste tires.

(d) Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for a waste tire hauler registration, Comprehensive Trip Log, Retreader Trip Log, Manifest Form or Tire Trip Log, or in information regarding these matters subsequently reported to the Board.

(e) In addition to liability for a civil penalty, the Board may:

(1) File a claim against any registered waste tire hauler surety bond for activities resulting from the illegal disposal of tires or injury.

(2) Deny, suspend, or revoke a waste tire hauler registration.

Note:

Authority cited:
Sections 40502 and 42962, Public Resources Code.

Reference:
Section 42962, Public Resources Code.

Section 18464. Amount of Civil Penalties and Administrative Penalty Schedule
(a) Civil penalties may be imposed administratively with the following penalty tables:

1. For tire haulers, tire generators, and end-use facilities, using Penalty Table I:

A. Determine what violations have occurred.

B. Determine the number of violations or offenses that have occurred.

C. Add up the penalties to determine the applicable fine.

2. For unregistered haulers, using Penalty Table II:

A. Determine the number of violations or offenses.

B. Find the number of tires hauled for each load.

C. Determine whether any other violations listed in Table I have occurred and add that fine to the fine from Table II to determine the total fine.

(b) For administrative hearings held pursuant to Public Resources Code sections 42960 and 42962, a person waives the right to a hearing when that person fails to submit to the Board a Notice of Defense pursuant to Government Code section 11506 or CIWMB Request for Hearing form within 15 days of service of the administrative complaint on that person.

Section 18465. Criteria to Impose a Civil Penalty.
In assessing the amount of civil penalty, factors to be considered shall include, but are not limited to, the following:

(1) The nature, circumstances, extent, and gravity of the violation.

(2) Evidence that the violation was willful or negligent.

(3) The good or bad faith exhibited by the party.

(4) History of violation of the same or similar nature.

(5) The extent to which the party has cooperated with the Board in remediating the violation.

(6) The extent that the party has mitigated or attempted to mitigate any damage or injury caused by his or her violation.

(7) Evidence of any financial gain resulting from the violation.

(8) Such other matters as justice may require.

Note:

Authority cited:
Sections 40502 and 42962, Public Resources Code.

Reference:
Section 42962, Public Resources Code.

Section 18466. Procedure for Imposing Civil Penalties.
(a) Civil Penalties may be administratively imposed pursuant to the Administrative Procedure Act Government Code Section 11500 et seq.

(b) Civil penalties may be imposed pursuant to the Public Resources Code Section 42962 in the discretion of the trier of fact in the civil proceeding.

Authority cited:
Sections 40502 and 42962, Public Resources Code.

Reference:
Section 42962, Public Resources Code.

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