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Waste and Used Tire Hauler Administrative Civil Penalties

On July 21, 2004 the Office of Administrative Law approved the regulations and filed them with the Secretary of State. The regulations are effective as of July 21, 2004.

Description
Revision of existing waste tire hauler registration and manifest regulations to establish the amount of administrative penalties imposed against waste and used tire haulers who have violated applicable laws. In addition, revisions have been made to the manifest regulations. The proposed changes implement, interpret and make specific the provisions of Chapter 838, Statutes of 2000 (Escutia, SB 876), as well as correct errors, add language to make the regulations more functional, and delete unnecessary language.

Affected Regulatory Code Sections
Title 14, California Code of Regulations, Division 7, Chapter 6, Article 8.5

Rulemaking Documents

Final Text, July 2004 (Adobe PDF, 107 KB): Final text approved by OAL on July 21, 2004

Final Statement of Reasons, June 2004 (Adobe PDF, 77 KB): Updated Statement of Reasons explaining the purpose and intent of the regulations.

Updated Informative Digest, June 2004 (Adobe PDF, 81 KB): Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.

Notice of 15-day comment period, April 2004 (Adobe PDF, 19 KB | MS Word, 137 KB). Notice of comment period from April 20 through May 5, 2004.

Proposed Text, April 2004 (Adobe PDF, 41 KB | MS Word, 92 KB). Proposed regulatory text for 15-day comment period.

Notice of Proposed Rulemaking, January 30, 2004 (Adobe PDF, 34 KB | MS Word, 156 KB). Published in the California Regulatory Notice Register January 30, 2004. References the proceedings, statutory authority, an informative digest describing existing laws, any mandates and the effect of the proposed action on small business.

Initial Statement of Reasons, January 2, 2004 (Adobe PDF, 26 KB | MS Word, 64 KB). A statement of the specific purpose and the rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Any alternatives considered and technical documents are also noted here.

Draft text of proposed regulations, January 2, 2004 (Adobe PDF, 28 KB | MS Word, 77 KB). Proposed regulatory text for 45-day public comment period.

Rulemaking History
At the January 14, 2003 Board meeting the Board voted to adopt emergency regulations which would allow the Board to establish the amount of administrative penalties imposed against waste and used tire haulers (tire haulers) who have violated applicable laws. The emergency regulations were filed with the Secretary of State's Office on March 6, 2003. The emergency regulations are effective through July 1, 2004, based on the most recent extension granted by the Office of Administrative Law.

The emergency regulations with additional changes to the manifesting requirements were presented as draft regulations at the June 10, 2003, Special Waste Committee meeting for discussion and request for direction to formally notice the regulations for a 45-day comment period. The committee directed staff to formally notice these regulations.

A 45-day public review and comment period was noticed in the California Regulatory Notice Register on January 30, 2004. Board staff conducted a public hearing on March 19, 2004 in Sacramento.

Public comments from the March 19 public hearing were presented to the Board at its April 13-14, 2004, meeting along with additional staff changes. The Board directed staff to notice the latest proposed changes for a 15-day comment period. The comment period ran from April 20 to May 5, 2004.

At its May 11-12, 2004, meeting, the Board adopted the regulations with the changes from the 15-day comment period. The regulation package is now pending the approval of the Office of Administrative Law.

On July 21, 2004 the Office of Administrative Law approved the regulations and filed them with the Secretary of State. The regulations are effective as of July 21, 2004.

More Information: Waste Tire Manifest System

 

Last updated: November 01, 2007


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