|
Since the inception of CIWMB's Waste Tire Enforcement Program, many questions have been generated by waste tire enforcement grantees (grantees) concerning the interpretation and implementation of the program. The purpose of this frequently asked questions (FAQs) page is to provide a compiled listing of questions and
answers for easy reference for grantees and Board staff.
For additional guidance concerning these FAQs, please use the map and list to locate the CIWMB staff contacts for each county.
The FAQs are organized into the following tire issue categories:
Question: When is a TPID number needed?
Answer: When a business/person transports 10 or more waste/used tires at a
given time on a public road.
Question: When is a new TPID number required to be issued?
Answer: The following scenarios address the most common situations in which a TPID number may or need to be issued/changed.
- If the generator maintains the same business name at the same location but, the ownership changes, then the generator will need to obtain a new TPID number.
- If a generator changes its business name at the same location with no change in the ownership, the generator will keep the existing TPID number
- If the generator moves the business location, then the generator will need to be issued a new TPID number. The new and the previous TPID number will be merged into one record in the Board's database.
- If a used and waste tire hauler (hauler) moves or adds a new business location, the hauler will keep the original TPID number for the first location and be issued a new TPID suffix for the second location by the Board. Therefore, the second location will have the same prefix as the original number but a new suffix (02). If tires are still stored at the old location, the original TPID and suffix will remain active. If the old site is closed, then the original TPID (site suffix) will be closed.
Question: Who issues common carrier and agricultural exemption
certifications for hauling tires?
Answer: The Board’s Used and Waste Tire Hauler and Manifest Program staff issues common carrier and agricultural exemptions. A letter requesting the exemption pursuant to
Title 14, California Code of Regulations (CCR), Section 18453 and Public Resources Code (PRC) Section 42954 provides the statutory authority for the exemptions.
Question: Why do some registered waste tire haulers show as unregistered when I call the hotline or check the website?
Answer: If the TPID number does not match up with a registered hauler name and application information, one of the following two things may be occurring:
- The hauler does not have a valid waste tire hauler registration, or
- The hauler may be using the wrong TPID number.
Many haulers are part of a regional or national company that operate under
the parent company’s hauler registration. If this is the case, each hauler must
use the decal number and TPID number that is issued to the parent company for
all of its vehicles.
For example, the Wingfoot corporate office has a hauler registration with a
TPID number of 1002615, and is located in Arkansas. However, their vehicles are
stationed throughout California at different stores. All the drivers must use
the corporate TPID number (1002615) issued to the Arkansas address for the
hauler portion of their CTL forms, not the TPID number of the location where
they park their trucks.
In this example, if there is a manifest or hauling violation, the violation
would be issued to the corporate office in Arkansas, not the local hauler. If
the corporate office is outside the grantee’s jurisdiction, the case should be
referred to the Board. If the corporate office is in the grantee’s jurisdiction,
the grantee may issue a Notice of Violation. However, prior to taking any
action, the grantee must first contact
Keith Cambridge,
supervisor of the Board’s Used and Waste Tire
Hauling and Manifest Section, to determine if there is pending enforcement
actions against the hauler.
Question: If a registered waste tire hauler transports less than 10 tires
per trip, is the hauler required to leave a CTL form with the generator?
Answer: Yes, if the truck is certified under a registered hauler; any and all
used and waste tires MUST be manifested.
However, some registered hauler companies may de-certify a specific truck so
they can haul less than 10 tires without filling out a CTL. Grantees must make
sure the truck license plate number is listed under the haulers registration
before giving them a violation. Search by license plate
number to find out if a vehicle is registered.
Question: Are processed or whole tires allowed to be disposed of in a
garbage bin?
Answer: There is no specific State or Federal law or regulation that
prohibits tires from being thrown into a garbage bin. However, when 10 or more
whole tires or passenger tire equivalents are discarded, the hauler is required
to have a current hauler registration and to properly manifest the load. If the
hauler is not registered, the generator of the tires can be cited for
contracting with an unregistered hauler per
PRC
Section 42953.
Note: Title 14,
CCR, Section 17355, Disposal of Waste Tires at Solid Waste Facilities.
Question:
PRC Section 42951 allows registered waste tire haulers to take
waste or used tires to a “facility that is permitted, excluded, exempted, or
otherwise authorized by the Board, by statute or regulation, to accept waste
tires, or to a facility that lawfully accepts waste or used for reuse or
disposal.” Where are registered waste tire haulers allowed to take waste tires?
Answer: Authorized facilities include the following:
- A solid waste
facility permitted for disposal or transfers station or a major or minor waste
tire facility that is permitted and in compliance with its conditions.
- An
excluded facility or operation listed under 14 CCR, Section 18420 that meets all
the requirements.
- An exempt cement kiln that meets conditions of approval
(ask to see certificate).
- An approved “Beneficial Re-Use” site (ask to see
approval letter).
- A facility location with less than 500 tires.
- Any
facility or type of use that is approved by the Board (e.g., Tire Derived
Aggregate project site).
If you have questions, please contact your Board field staff contact.
Note: Tire dealers and auto dismantlers can have up to 1,500 waste tires if
they are removed within 89 days, and the hauler has been given permission by the
business owner to unload the tires at these locations. In any instance, they
must include the tires being unloaded as part of the 500 or 1,500 tires.
Question: Why do mobile home dealers/manufactures have TPID numbers?
Answer: Once a manufactured home is sold, it is equipped with tires and axles
so it can be delivered to the desired home site destination. Many mobile home
manufactures lease or rent the tires and axels used to deliver manufactured
homes to the mobile home buyers though a third party. Once the mobile home is
set up at the home site, the wheels and axels are removed and the site becomes a
tire generator. Typically over 10 tires are used to transport the home.
Issuing a TPID number to such a location can be impractical. Consequently,
the Board has come up with alternatives listed below that are intended to
accommodate the manufactured home industry needs and prevent the issuance of
TPID number unnecessarily.
- The Board has authorized either the mobile home manufacture or sales
representative to maintain the TPID number for their customers. The registered
hauler can leave the CTL with the manufacturer or sales representative.
- The hauler can use its TPID number and the address would be filled out
“same as hauler.”
Note: If there are 500 or more used or waste tires stored at these sites, a
waste tire facility permit is required.
Question: Are waste and used tires required to be removed from the Tire
Dealer and Automobile Dismantler facilities every 90 days?
Answer: Waste tires are required to be removed every 89 days. Used tries that
meet the criteria described in
PRC 42806.5 (racked and stacked)
do not have a
removal frequency or a storage limit placed on them. However, if the used tires
are not stored in this manner, they are considered waste tires.
Background:
Prior to the passage of SB 786 (in 2000) used tires were synonymous with waste
tires. At that time, used tires were included in all waste tire counts. After SB
876 became law, used tires meeting the definition described in PRC 42806.5 (used
tires), were no longer required to be counted as waste tires. Unfortunately, the
bill also mistakenly inserted “used” tire into PRC section 42808(c), which
delineates criteria for both the tire dealer and the auto dismantler exclusions.
This error has caused the regulators as well as the regulated community
considerable confusion because it 1) places a limit on the amount of used tires
that can be in storage; 2) infers that used tires should be included in a waste
tire count, and; 3) is not consistent with the definition of used tires (PRC
42806.6) and waste tires (PRC 42807). Each year, without success, CIWMB staff
has proposed clean-up legislation to remove the used tire language from PRC
42808(c). In 2003, a regulation package was approved that clarified the law by
leaving used tires out of the criteria for automobile dismantler and tire dealer
exclusions. The regulations do not limit the storage of “used” tires or assign a
removal frequency to them. The specific regulation making the clarification is
Title 14, California Code of Regulations, section 18420(a)(6) and (7).
Question: When should “closed” or “inactive” be marked under “operational
status” on the inspection report form?
Answer:
- Inactive--Waste tires are present; but tire operations are not
active. Tires are not being moved in and out of the facility. Inactive sites
will have a TPID, only for the purpose of the inspection report. However, the
grantee is not required to inspect on a routine basis, unless there are over 500
tires. Inspections for these type of situations are inspected at the discretion
of the grantee depending on the potential for the business to illegally dump or
contract with haulers that illegally dump.
- Closed--Does not generate waste tires. The business may be active, such
as an auto body repair shop, however, the Board considers it “closed.” Closed
sites include former waste tire locations where all tires have been removed and
tire operations are not longer or never were conducted. If the inspector
determines the site is closed, they should fill in the closed bubble under
“operational status” on page 1 of the Survey and Inspection Report (CIWMB 181),
and explain why the site is considered closed in the comments section. Also,
note the number of tires on the inspection report, usually zero.
Question: Can compliance date in the “Enforcement Status” box be included
in the inspection form when an “Area of Concern” is noted?
Answer: No, however, the inspector can place a compliance date in the
comments section on the lower part of the inspection form. Remember, per the
Terms and Conditions of the Grant Agreement, a waste tire grantee is required to
cite a violation for un-permitted sites or unregistered hauler violations.
Question: Can a waste tire enforcement grantee (grantee) call the hotline
and obtain a TPID number for a tire generator or end use facility?
Answer: Yes, state on the inspection report that a TPID number was obtained
for the facility by the grantee, however please identify yourself to the hotline
representative and tell them your purpose for calling.
Question: When is a grantee required to complete page 2 of the Waste Tire
Survey and Inspection Report form?
Answer: Page 2 of the Waste Tire Survey and Inspection Report form should be
completed when inspecting:
- A facility stores 500 or more waste tires and has either an area of
concern or violation noted under the storage standards.
- All permitted facilities.
- All exempt facilities (cement kilns).
- All unpermitted facilities that require a waste tire facility permit and
do not have one. This would include facilities that are over their limits. For
example, if a tire dealer has 1,501 waste tires on site, they would be in
violation of PRC 42834.
Question: If a grantee is unable to spend all of the funds under a
specific task in the approved budget, can the grantee shift these funds to
another line item in the grant?
Answer: Grantees may request an amendment to their budget if it follows the
guidelines of the Grant Procedures and Requirements and application
requirements. The grantee will need prior approval from the
Board’s grant manager before funds can be moved from one task to another task. If the grantee desires to make
changes to their budget, they must write a narrative explaining the need for the
change, revise their Budget Excel spreadsheet, and
submit both items to the Board's grant manager,
Sophia Mercado. The grant manager will approve or deny the request and
notify the grantee.
Grantee Toolbox |
