California Integrated Waste Management Board

 

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Article 1
General
Section 18420

Article 2
Review of Permit Applications
Section 18423-18424

Article 3
Permit Issuance, Renewal, Revision, Revocation, Denial, Suspension, Reinstatement , Change of Owner, Operator, and/or Address
Sections 18425-18428

Article 3.5
Enforcement Criteria for Waste Tire Facilities
Section 18429

Article 4
Permit Application
Sections 18431-18434

Article 5
Closure
Sections 18440-18441

Article 6
Inspection of Waste Tire Facilities
Section 18443

Article 7
Records
Section 18447-18448

Article 8.5
Waste Tire Hauler Registration and Manifesting Requirements for Used and Waste Tire Haulers, Tire Dealers, Used and Waste Tire Generators, and Used and Waste Tire End-Use Facilities
Sections 18449-18458
Sections 18459-18466

Article 9
Financial Assurance Requirements for Closure of a Major Waste Tire Facility
Sections 18470-18482

Article 10
Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities
Sections 18485-18499

Article 11
Financial Assurances Enforcement Procedures for Major Waste Tire Facilities
Sections 18499.1-18499.9

Appendix A

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

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

Article 8.5. Waste Tire Hauler Registration and Manifesting Requirements for Used and Waste Tire Haulers, Retreaders, Used and Waste Tire Generators, and Used and Waste Tire End-Use Facilities

Section 18449. Scope.
(a) This Article specifies the procedures for waste tire hauler registration and tire manifest system requirements for waste tire haulers, retreaders, waste tire generators, and end-use facilities, including reporting and documentation requirements.

(b) In addition to the regulations in this article, statutory provisions contained in Sections 42950 through 42967 of the Public Resources Code govern the Waste Tire Hauler Registration Program.

(c) This article contains different reporting provisions for retreaders than for other waste tire haulers. However, the Board's new Comprehensive Trip Log reporting system will apply the same provisions to retreaders as to other waste tire haulers. In order to provide a transition period for retreaders, the existing provisions will continue to apply to retreaders during the period of time that emergency Comprehensive Trip Log provisions are in effect. However, upon the effective date of non-emergency Comprehensive Trip Log provisions in this Article, the Retreader Trip Log shall no longer be a valid CIWMB form and retreaders shall not be required to comply with sections 18450(a)(12), (19), and (20), 18456.2.1, 18459.2.1(b), 18460.2.1, and 18461(a)(1). The three year record retention provision in sections 18459.3(b)(1) and 18462(b)(1) shall continue to apply to retreaders.

Note:

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

Reference:
Section 42950 et seq.,
Public Resources Code.

Section 18450. Definitions.
(a) For the purposes of this Article, the definitions found in: Public Resources Code Sections 42950-42967; and Chapter 3, Article 4.1, of this Division (commencing with Section 17225.701); and the following shall apply:

(1) "Board" means the California Integrated Waste Management Board.

(2) "Bond" means a surety bond issued by a California admitted insurance carrier.

(3) "Business Name" means the name of the operation registered with the local government of the State of California; the business license name.

(4) "Calendar Year" means January 1 through December 31 of any year.

(5) “CIWMB” means the California Integrated Waste Management Board.

(6) "Civil Penalty" means a fine assessed as a result of a violation of an applicable provision.

(7) "Collection Center" See Facility.

(8) "Commingled" means inextricably mixed together, in that the waste components cannot be economically or practically separated.

(9) "Comprehensive Trip Log" means the California Uniform Waste and Used Tire Manifest System form developed by the Board pursuant to Public Resources Code, section 42961.5. The Comprehensive Trip Log is attached hereto as Appendix A (CIWMB_203, 03/05) and incorporated by reference herein.

(10) "Electronic report" means electronic submittal of manifest information to the CIWMB by means of Electronic Data Transfer or Web-based data entry in accordance with the requirements set forth in §18459.1.2.

(11) “EDT Form” means a paper reporting form, approved by the Board, that is used by the hauler or responsible party for reporting manifest information in lieu of the required Comprehensive Trip Log. The EDT Form will contain the information required on the Comprehensive Trip Log.

(12) "End-Use Facility" means the facility where used or waste tires are unloaded.

(13) "Facility" means a waste tire facility, as defined in Public Resources Code Section 42808, a landfill authorized pursuant to Public Resources Code Section 42866, a facility authorized to accept used or waste tires pursuant to a state or local agency permit, or a facility which lawfully accepts used or waste tires as authorized under Title 14, Section 18420.

(14) "Incidental Revenue" means 10% or less of total annual revenue for purposes of Public Resources Code Section 42954 (a)(7).

(15) Invoice means a document provided by a Retreader that contains 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.

(16) “Load” means a single transaction (a pick up or delivery) of used or waste tires between the hauler and generator or the hauler and end-use facility. There may be one or more loads on a trip.

(17) "Local Government" means a county, city, city and county, special district, joint powers agency or other political subdivision of the state.

(18) "Manifest Form" means the California Uniform Waste and Used Tire Manifest Form developed by the Board that shall be completed by the waste tire hauler, waste tire generator, or facility, which shall accompany each shipment of used or waste tires. The Manifest Form is attached hereto as Appendix A (Form #647, 01/03) and incorporated by reference herein.

(19) New Tire Adjustment means return or replacement of a new tire that is defective or damaged.

(20) "Person" includes an individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, political subdivision, government agency, or municipality.

(21) "Place of Business" means the actual physical location where waste or used tires are picked up from, delivered to, or stored.

(22) "Registered Vehicle Owner" means the person in whom title is vested and/or to whom the vehicle is registered with the Department of Motor Vehicles for any jurisdiction, domestic and foreign, in which the vehicle is registered.

(23) “Retreader” means a business, person, entity, individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, who is in the business of retreading, or recapping tire casings for reuse. The Retreader shall have a Manufacturer 3-Digit Identification issued by the United States Department of Transportation pursuant to Title 49, Code of Federal Regulations, § 574.5. A completed original form CIWMB 173 (4/04) "Retreader Self-Certification" which is attached hereto as Appendix A (CIWMB 173, 4/04) and incorporated by reference herein shall be completed by the Registered Waste Tire Hauler before being deemed by CIWMB to be a self-certified retreader. Notwithstanding provisions of the manifesting requirements, the Retreader is a registered waste tire hauler and shall comply with all waste tire hauler requirements.

(24) “Retreader Trip Log” means the California Retreader Trip Log developed by the Board that shall be completed by the Retreader and shall accompany the tire casings during shipment for inspection, retreading, or recapping. For the purposes of the Retreader Trip Log, this form shall only be used during the shipment of tire casings from the generator to the Retreading facility and on the return trip back to the generator, and the ownership of the tire casing(s) shall not change during either shipment. The Retreader Trip log meets the intent of Public Resources Code, section 42961.5 and is attached hereto as Appendix A (CIWMB 180, 03/04) and incorporated by reference herein.

(25) "Revenue" is annual net income earned.

(26) Tire casing is the carcass of a reusable tire that after inspection can be retreaded, or recapped by a Retreader.

(27) “Tire Trip Log” means the California Uniform Waste and Used Tire Trip Log developed by the Board that shall be completed by the waste tire hauler and shall accompany the waste tire hauler for each shipment of used or waste tires. The Tire Trip log is attached hereto as Appendix A (Form #648, 01/03) and incorporated by reference herein.

(28) “Trip” means the hauling of waste or used tires that begins with a waste tire hauler’s first pick-up of used or waste tires from a generator and ends with that hauler’s last delivery of used or waste tires to an end-use facility, but in no case shall a trip exceed five (5) consecutive days.

(29) “Unregistered Hauler & Comprehensive Trip Log Substitution Form” is the form to be completed by the generator and end use facility pursuant to the requirements set forth in §§ 18461 (b) and 18462 (c). The Unregistered Hauler & Comprehensive Trip Log Substitution Form is attached hereto as Appendix A (CIWMB 204, 03/05) and incorporated by reference herein.

(30) "Used and Waste Tire Generator" means any person who provides used or waste tires to a waste tire hauler; including, but not limited to auto dismantlers and automotive fleet service centers.

(31) "Vehicle Description" includes the year, the model, the make of the vehicle, Vehicle Identification Number as defined in California Vehicle Code Section 671, and Vehicle License Plate Number, including state of issuance, as defined in California Vehicle Code Section 4850(a).

(32) "Waste Tire Hauler Decal" is a decal issued by the Board, printed on specially prepared paper with a unique number, for affixing to the lower right hand corner of the windshield.

(33) "Waste Tire Hauler Registration" means the documents, including the decal and registration form, issued by the Board, which authorizes the holder of the documents to legally haul waste tires within California for the period of issuance.

(34) "Waste Tire Manifest System" means the California Uniform Waste and Used Tire Manifest System which includes the Comprehensive Trip Log, Retreader Trip Log, Manifest, and Tire Trip Log forms developed by the Board and all procedures and regulations applicable to the transportation of the used or waste tires from point of origin to final destination of the used or waste tires.

Note:

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

Reference:
Sections 42950, 42951, 42952, 42954, 42955, 42956, 42958, and 42961.5,
Public Resources Code.

Section 18451. Applicability of these Regulations.
(a) Waste tire haulers, retreaders, waste tire generators, and end-use facilities shall comply with these regulations, unless exempted by Section 42954 of the Public Resources Code and applicable procedures set forth in Sections 18453-18453.2.

(b) The return of new tire adjustments to the wholesale distributor or manufacturer under "warranty consideration" is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Article. The person transporting the tires must have in the vehicle documentation substantiating that the tires are being returned for "warranty consideration." Lack of documentation or false information will subject the transporter to enforcement and penalties under this Article.

(c) “Tire Derived Product” being transported from the processing facility to the end-use facility is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Chapter. The hauler shall have a copy of the letter issued by the Board to the processing facility stating that the material is “Tire Derived Product” and a bill of lading accompanying the load. The letter and bill of lading shall be carried in the vehicle while transporting the “Tire Derived Product” from the processing facility to the end-use facility. Lack of documentation or false information will subject the transporter to enforcement and penalties under this Chapter.

Note:

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

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

Section 18453. Exemption Certification for Agricultural Purposes or Common Carrier Hauling Used or Waste Tires on a Return Trip.
(a) A person wishing to qualify for an exemption from waste tire hauler registration under Public Resources Code Section 42954 (a)(5) and (a)(6) shall certify in writing to the Board under penalty of perjury that they qualify for an exemption from registration as a waste tire hauler for agricultural purposes or under the common carrier exemption. This certification shall contain the following information:

(1) The name of the individual and/or business.

(2) The mailing address for the individual and/or business.

(3) The name of the contact person.

(4) The telephone number of the contact person.

(5) The number of vehicles used.

(6) The description of the business operation.

(7) A certification statement by the operator as follows: “The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct.”

(8) The name and signature of the authorized agent on behalf of the business.

(9) The date of certification.

(b) Upon receipt of the certification letter, the Board will notify the applicant within 30 days if the certification for exemption is either:

(1) incomplete, and if so, what specific information is required.

(2) granted

(3) denied, and if so, the reason(s) for denial.

(c) If the agricultural purposes exemption or common carrier exemption is granted, the Board shall issue a non-transferable exemption document to be carried in the vehicle(s) used to transport the used or waste tires.

Note:

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

Reference:
Section 42954, Public Resources Code.

18453.1. Cost to Receive an Exemption from Waste Tire Hauler Registration.
No fee is to be paid to the Board to certify an exemption from waste tire hauler registration.

Note:

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

Reference:
Section 42954, Public Resources Code.

Section 18453.2. Valid Exemption Period and Renewal.
(a) An exemption as described under Public Resources Code Section 42954 (a)(5) and 42954 (a)(6) shall be valid from the date of approval to January 1 of the following year provided that the information in the certification letter relied upon to qualify for the exemption remains unchanged.

(b) A person wishing to continue to qualify for an exemption from waste tire hauler registration under Section 42954 (a)(5) or (6) of the Public Resources Code shall re-certify to the Board on an annual basis, and in accordance with the requirements in Section 18453.

(c) All exemption certifications must be submitted 45 days prior to the expiration date. Renewed exemptions are valid for one calendar year, January 1 to January 1 of the following year.

Note:

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

Reference:
Section 42954,
Public Resources Code.

Section 18454. Waste Tire Hauler Initial Registration.
(a) Any person hauling 10 or more used or waste tires shall apply for a waste tire hauler registration, unless exempt pursuant to Section 18451, by submitting to the Board a completed original form CIWMB 60 (9/02) "Waste Tire Hauler Registration Application," which is attached hereto as Appendix A (Form #60, 9/02) and incorporated by reference herein and form CIWMB 61 "Waste Tire Hauler Bond" (2/02), which is attached hereto as Appendix A (Form #61, 2/02) and incorporated by reference herein.

(1) For purposes of Public Resources Code Section 42960, it is presumed that any person transporting used or waste tires under a valid registration issued by the Board is an agent of the registered waste tire hauler.

(b) An application may be submitted at any time.

(c) The initial waste tire hauler registration is valid from the date of issuance to January 1 of the following year.

(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received the Board issued renewal registration card(s) and vehicle decal(s).

(e) There is no fee paid to the Board to apply for an initial waste tire hauler registration.

(f) The registration card and/or decal issued to a specific vehicle shall not be used for any vehicle not listed by the registered hauler.

(g) A used and waste tire hauler registration is not transferable by the person to whom it was issued to any other person.

Note:

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

Reference:
Sections 42951, 42952, 42954, 42955, 42956, and 42958,
Public Resources Code.

Section 18455. Waste Tire Hauler Renewal Registration.
(a) Any person may apply for renewal of a waste tire hauler registration by submitting to the Board a new completed form CIWMB 60. If the waste tire hauler bond has expired or has been cancelled, a new bond must also be submitted with the renewal application.

(b) All renewed waste tire hauler registrations expire annually on January 1.

(c) All waste tire haulers who wish to continue to operate as waste tire haulers shall submit application for a renewed waste tire hauler registration to be received by the Board no later than 45 days prior to the January 1 expiration date.

(d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received Board issued renewal registration card(s) and vehicle decal(s).

(e) There is no fee paid to the Board to apply for a renewed waste tire hauler registration.

(f) The registration card and/or decal issued to a specific vehicle shall not be used for any vehicle not listed by the registered hauler.

Note:

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

Reference:
Sections 42955, 42956, and 42958, Public Resources Code.

Section 18456. Waste Tire Hauler Registration Application and Retreader Self-Certification Form.
(a) Copies of form CIWMB 60 and 61 and form CIWMB 173 can be obtained by contacting the California Integrated Waste Management Board, Special Waste Division, Waste Tire Hauler Program, P.O. Box 4025, Sacramento, CA 95812 or accessing the California Integrated Waste Management Board website located at www.ciwmb.ca.gov/Tires/.

Note:

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

Reference:
Sections 42951, 42952, 42954, 42955, 42956, and 42958, Public Resources Code.

Section 18456.1. Waste Tire Hauler Surety Bond Application Process.
(a) The initial application shall be accompanied by an original surety bond in the amount of $10,000 on behalf of the business owner in favor of the State of California (“surety bond”). The surety bond shall be completed by the insurance agent or bonding agent on form CIWMB 61 "Waste Tire Hauler Bond" (2/02), which is incorporated herein by reference. The surety bond shall be issued in the business name of the business owner as it appears on the application for registration as a waste tire hauler. The surety bond must be signed by a representative of the applicant.

(b) The surety bond shall remain in full force and effect during all registration periods. Failure to maintain an adequate bond pursuant to Public Resources Code Section 42955(d), shall result in automatic cancellation of the waste tire hauler registration. The cancelled registration may be reinstated by the Board when a new surety bond is posted.

(c) The surety company shall be licensed by the California Department of Insurance to transact the business of surety bonding in the State of California as an admitted insurance carrier.

(d) If coverage is not available as specified in (c) above, the waste tire hauler may seek coverage by a surety which, at a minimum, shall be eligible to provide surety bonds as an excess or surplus lines surety in California.

(e) If coverage is obtained as described in Section (d), the surety shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon the terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6.

(f) The Board or its designee may reasonably object to the use of any surety at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List.

(g) The surety company shall become liable under the terms of the bond if the Board determines that the waste tire hauler has failed to comply with the provisions of Public Resources Code Section 42950 et. seq. or these regulations. The registered waste tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Public Resources Code that exceed the bond amount.

Note:

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

Reference:
Sections 42951, 42952, 42955, and 42958, Public Resources Code.

Section 18456.2. Waste Tire Hauler Registration Process.
(a) The Board shall inform an applicant in writing within 30 days from date of receipt that the application is any of the following:

(1) incomplete and what specific information is required to complete the application;

(2) complete and approved with registration documents and vehicle decals;

(3) denied and the reason(s) for denial pursuant to the Public Resources Code Section 42960.

(b) Upon approval of the initial or renewal application, the Board will provide proof of registration in the form of decals and registration cards to the waste tire hauler. The Board will issue a waste tire hauler registration card and decal for each vehicle identified in the application. The registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the lower right hand corner of the windshield.

(c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.

Note:

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

Reference:
Sections 42951, 42952, 42955, 42958, and 42961, Public Resources Code.

Section 18456.2.1. Retreader Self-Certification Process.
(a) The Board shall inform the applicant for retreader self-certification in writing within 30 days from date of receipt of the Retreader Self-Certification form of the following:

(1) Whether the Self-Certification Form is complete;

(2) If the Board determines that the Self-Certification Form is incomplete, the Board shall inform the applicant what specific information is required to complete the Certification Form.

(b) Upon a Board determination that the Retreader Self-Certification is valid and complete, the Board will provide proof of Retreader Self-Certification in the form of decals and specifically designed Retreader registration cards to the Retreader for those vehicles either owned or leased by the retreader. The Board will issue a specifically designed Retreader registration card and decal for each vehicle identified by the Retreader. The Retreader registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the lower right hand corner of the windshield.

(c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued.

(d) If the Board determines at any time that the information in the Self-Certification Form is false, then the Board will deem the Self-Certification Form to be invalid, and will notify the applicant. In addition, the Board will determine whether an enforcement action is necessary.

(e) Upon invalidation of the Retreader self-certification, the Retreader shall immediately return all unused Retreader Trip Logs and Retreader registration card(s) for each vehicle registered under the Retreader’s Registration to the Board.

(f) If the Retreader Self-Certification is invalidated, the Retreader shall not transport any tire casings unless in possession of a Comprehensive Trip Log (CIWMB 203) or tire trip log (CIWMB 648) and accompanying manifest (CIWMB 647) in accordance with Section 18459 requirements set forth for the waste tire hauler.

(g) If the Self-Certification is deemed invalid, any hauling of tire casings not in accordance with Subsection (f) will be a cause for denial, suspension, or revocation of the Waste Tire Hauler Registration.

Note:

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

Reference:
Sections 42951, 42952, 42955, 42958, 42960, and 42961, Public Resources Code.

Section 18456.3. Changes In Information Provided or Lost Registration Documents.
(a) The waste tire hauler shall file a supplemental application to add or remove vehicle(s) on form CIWMB 60. The application shall be filed and approved by the Board before a vehicle is allowed to haul used or waste tires.

(b) The Board shall inform the applicant in writing within 30 days that the application for an added vehicle is any of the following:

(1) incomplete and what specific information is required to complete the application;

(2) complete with registration document(s) and vehicle decal(s).

(3) denied and the reason(s) for denial.

(c) In the event of a change in ownership of the waste tire hauler business:

(1) The owner shall notify the Board in writing 45 days prior to the change in ownership.

(2) The new owner shall apply for and obtain a waste tire hauler registration in accordance with Section 18454.

(3) The new owner may begin hauling used or waste tires when he/she has received the registration documents and vehicle decal(s)from the Board.

(4) The Board will process the change in ownership in accordance with Section 18456.2.

(5) Registrations are nontransferable.

(d) Every registered waste tire hauler shall notify the Board in writing of any change in mailing address or phone number. Notice shall be given no more than ten (10) days after the change. The waste tire hauler shall inform the Board of the prior mailing address or phone number, the new mailing address and phone number, and the effective date of the change by mailing a letter to the California Integrated Waste Management Board, Special Waste Division, Waste Tire Hauler Program, P.O. Box 4025, Sacramento, CA 95812.

(e) The registered waste tire hauler shall submit a renewal application for any vehicle(s) for which decal(s) or registration(s) documents were lost. The Board will process the application as a renewal application under Section 18456.

Note:

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

Reference:
Sections 42951, 42952, 42955, 42956, and 42958, Public Resources Code.

Section 18456.4. Temporary Registration of Alternate Vehicles.
(a) Upon request, the Board may issue a single temporary registration certificate, specifically assigned to that registered waste tire hauler, once the Board has deemed a new waste tire hauler application complete or at the time of the yearly renewal. This certificate, for the use of a temporary vehicle, shall bear the hauler’s company name, address, registration number, unique decal number, and the year the certificate is valid.

(b) The certificate 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) The registered waste tire hauler shall notify the Board in writing within two (2) calendar days of when the temporary registration certificate is used. Written notification shall contain the following information:

(1) Company name

(2) Inoperable vehicle license plate number, if applicable

(3) Inoperable vehicle assigned decal number, if applicable

(4) Period of time required for temporary registration

(5) Reason for temporary use

(6) Temporary vehicle license plate number

(7) Make/model of the temporary vehicle

Note:

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

Reference:
Sections 42951, 42952, 42955, 42956, and 42958, Public Resources Code.

Section 18457. Waste Tire Hauler Registration Denial, Suspension, and Revocation.
(a) The Board may refuse to issue or renew a waste tire hauler registration for failure to maintain a surety bond as required by Section 18455, and for the reasons stated in Public Resources Code Section 42960.

(b) The Board may suspend or revoke a waste tire hauler registration pursuant to Public Resources Code Section 42960.

(c) Upon suspension or revocation of the waste tire hauler registration, the waste tire hauler shall immediately return the decal(s) and registration card(s) to the Board.

(d) The waste tire hauler shall not transport used or waste tires, nor own, operate, or be an officer of a waste tire hauling business entity or corporation during the period of suspension or revocation. Any hauling of used and waste tires during the period of suspension or revocation will be a cause for denial, suspension, or revocation of the registration, and may subject the waste tire hauler to civil penalties pursuant to this chapter, and/or criminal penalties pursuant to the California Vehicle Code Section 31560.

(e) During the period of time for which a waste tire hauler's registration has been denied, suspended or revoked, neither the waste tire hauler, nor the waste tire hauler's vehicles, may be added to another waste tire hauler's registration. In addition, if the denial, suspension or revocation was the result of a particular driver'(s) actions, neither that driver, nor that driver's vehicles, may be added to another waste tire hauler's registration.

Note:

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

Reference:
Sections 42951, 42952, 42955, 42960, and 42961, Public Resources Code.

18457.1. Repealed

Section 18458. Request for Hearing of Denial, Suspension, or Revocation of Waste Tire Hauler Registration.
(a) If the Board refuses to issue or renew (denies) a registration, or suspends, or revokes a waste tire hauler registration pursuant to Public Resources Code Section 42960, the waste tire hauler may appeal that decision and request a hearing in accordance with Government Code Sections 11505 to 11519. The request for a hearing must be in writing and received by the CIWMB Legal Office at P.O. Box 4025, Sacramento, CA 95812, within 30 days after receipt of the denial, suspension, or revocation. The Board shall consider the original application, the reasons for denial and any additional relevant information presented by the applicant. This decision shall be the final decision by the Board.

Note:

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

Reference:
Sections 42951, 42952, 42955, 42960, and 42961, Public Resources Code.

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