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(continued)
(c) A guarantee may exceed sixty (60) months if the Board determines that hazards to public health will exist, or damage to the environment will ensue, or a nuisance to the public will persist if a guarantee with a longer life is not made.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code.
s 18405. Percentage of Guarantee.
The Board may guarantee no more than ninety percent (90%) of the principal balance to be loaned. This guarantee shall obligate the Board to purchase from the lender the guaranteed portion of a loan in the event of a default, subject to the terms and conditions of the guarantee as specified in sections 18412 and 18413, and in the loan guarantee contract.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code.
s 18406. Reserve Ratio.
The Board shall insure that at all times loan guarantee funds are held in reserve in an amount equal to no less than seventy-five percent (75%) of the total amount of the guaranteed principal and interest which is currently outstanding.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300-46301, Public Resources Code.
s 18407. Loan Interest.
The rate of interest to be charged on guaranteed loans shall be negotiated between the lender and borrower. The lender shall inform the Board of agreed-upon interest rate for a loan at the time the loan is made.
Note: Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Section 46303, Public Resources Code.
s 18408. Application for Loan Guarantees; Fees.
(a) A landfill owner or operator shall file an application for a loan guarantee to fund a corrective action at the principal place of business of the Board.
(b) A landfill owner or operator shall file an application for a loan guarantee that includes information as specified in CIWMB Forms 201 (5/89), 202 (5/89) and 203 (5/89), which are incorporated by reference. Submittal of these forms is optional, but submittal of the information requested in these forms is mandatory.
(c) A lender shall include information on an applicant as specified in CIWMB Form 204 (5/89), which is incorporated by reference. Submittal of this form is optional, but submittal of the information requested in this form is mandatory.
(d) A minimum nonrefundable application fee of $250 or one-tenth (1/10) of one percent of the loan amount to be guaranteed, whichever is greater, shall be paid to the Board at the time of application to defray the Board's expenses in reviewing and processing the application.
Note: Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Sections 46204, 46308 and 46309, Public Resources Code.
s 18409. Board's Actions on Applications.
(a) Upon receipt of an application for a loan guarantee made by a landfill operator or owner, the Board shall review the application to determine if the application is complete. If the application is not complete, it shall be returned and the applicant notified of the deficiencies in the application within thirty (30) days. The applicant may resubmit an application to correct the identified deficiencies one time without paying a new application fee.
(b) Within ninety (90) days of the receipt of the complete application, the Board shall approve, modify or deny the application for a loan guarantee.
(c) Upon approval of a requested loan guarantee, the Chairman of the Board shall insure that the criteria and priority imposed by sections 18401 and 18402, have been fully met.
(d) Before a loan guarantee commitment is issued by the Board, the terms of a loan guarantee shall be set forth in a contract agreed to by the borrower, the lender, and the Board.
(e) In the event the Board disapproves any application, the Board will notify the applicant of the disapproval and the reasons for the disapproval. The notice shall include a statement of the applicant's right to appeal for reconsideration upon meeting the requirements set forth in the notice of disapproval. An applicant may appeal for reconsideration one time without paying a new application fee.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46201, Public Resources Code.
s 18410. Report of Fund Condition.
(a) Guaranteed loans shall be subject to audit by the Board at any time, as the Board deems warranted. These loans shall be subject to audit by the Board from the time the guarantee is issued until three years after the guarantee has expired.
(b) If, in the course of an audit, all accounting records of the loan expenditures are not available. the borrower will produce these records within sixty (60) days. If no ledgers exist, the borrower shall provide the Board with copies of source documents such as invoices, canceled checks, time sheets and payroll registers. It is the responsibility of the borrower to maintain proper accounting records.
(1) In the event that an audit reveals that the borrower used any of the loan proceeds for purposes other than the corrective action for which the loan guarantee was awarded, the borrower will be in violation of the loan guarantee agreement. Dependent upon the scope of the misuse of funds, the Board shall take action, such as, requiring refunds of misspent funds, filing civil lawsuits or criminal prosecution.
(c) Lenders shall verify in writing the condition of loans upon request by the Board. The verification shall consist of the terms of the loan, the repayment schedule, monthly payments, and any other information needed to monitor the financial condition of loans guaranteed.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46205, Public Resources Code.
s 18411. Default Claim Procedures.
The following default claim procedures shall apply in the event a guaranteed loan is in default:
(a) The lender shall notify the Board of the debtor's delinquency by mailed notice no later than the forty-fifth (45th) day of delinquency.
(b) The lender shall supply the Board with copies of the notes, security agreements, guarantees and a summary of the loan's history, including where the loan is domiciled, the payment record, and a copy of the lender's liquidation plan by the sixtieth (60th) day of delinquency.
(c) The lender may file with the Board its claim for payment under the terms of the guarantee as stipulated in section 18412, no earlier tan the ninetieth (90th) day of delinquency. This claim shall be for the guaranteed portion of the outstanding principal balance of the loan plus the accrued unpaid interest on the guaranteed amount.
(d) Within forty-five (45) days from receipt of a claim for payment as a result of a delinquency, the Board shall notify the lender of its intent to purchase from the lender the guaranteed portion of the note for the amount specified in the claim.
(e) From the time a loan payment is first delinquent until the guaranteed portion of the note and the accrued interest is paid by the Board, the lender shall take actions necessary to secure and exercise its position as a creditor.
(f) On purchase of the guaranteed portion of a defaulted note by the Board, the lender shall assign the guaranteed portion of the note, security interest, and guarantees to the Board. The Board shall take the action it deems necessary and appropriate in order to secure payment from the debtor or the debtor's assets.
(g) In the event the Board obtains recovery on a defaulted note after its purchase from the lender, the proceeds of the recovery, minus the cost of recovery, shall be shared between the Board and lender in proportion to the exposure the Board and lender respectively bore to the defaulted note.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code.
s 18412. Terms of Guarantee.
The Board shall be obligated to purchase no more than ninety percent (90%) of the outstanding principal balance and the accrued unpaid interest. In the event the lender requests the note be purchased, the Board shall pay the percentage of accrued interest guaranteed for the number of days the debtor has been delinquent, up to the day the Board notified the lender of its intent to purchase the note. Payment, however, shall be conditional upon the lender having met the conditions of the guarantee as stipulated in section 18413.
In the event that the lender has recovered part of the collateral or security interest prior to reimbursement by the Board, only the difference between the recovered money and the guaranteed portion of the principal and the interest may be claimed against the loan guarantee fund by the lender. If the lender or the Board obtains recovery on a defaulted note after purchase and reimbursement by the Board, the recovery shall be paid to the Board and the lender in proportion to the exposure the Board and the lender respectively bore to the defaulted note after the deduction of its collection costs.
No single claim shall, nor shall the aggregate of claims made by lenders, hereunder, exceed the amount allocated to the loan guarantee fund in the Account. The State shall not be liable or obligated in any way beyond the State money allocated to the loan guarantee fund in the Account.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46350-46353, Public Resources Code.
s 18413. Conditions of Guarantee.
The Board shall honor its guarantee to a lender if:
(a) The debtor is in default of the note, as defined in section 18400(c).
(b) The lender has met the conditions for the issuance of the guarantee and has observed the lender's reporting and collection requirements as specified in sections 18410 and 18411.
(c) The lender has complied with the terms of the loan guarantee contract.
Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code.
NOTE: It having been found, pursuant to Government Code Section 11344, that
the printing of the regulations constituting the Conflict of Interest Code is
impractical and, being of limited and particular application, these regulations
are not published in full in the California Code of Regulations. The
regulations are available to the public for review or purchase at cost at the
following locations:
CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD
1001 I STREET
SACRAMENTO, CA 95812
FAIR POLITICAL PRACTICES COMMISSION
428 J STREET, SUITE 800
SACRAMENTO, CA 95814
ARCHIVES
SECRETARY OF STATE
1020 "O" STREET
SACRAMENTO, CA 95814
The Conflict of Interest Code is designated as Chapter 6, Division 7 of
Title 14, of the California Code of Regulations, and consists of sections
numbered and titled as follows:
Chapter 5.9. California Integrated Waste Management Board - Conflict of
Interest Code
Section
18419. General Provisions
Appendix
Note: Authority cited: Sections 87300 et seq., Government Code. Reference: Section 87300, et seq., Government Code.
s 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 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, 42830 and 42966, Public Resources Code. Reference: Sections 42806.5, 42808, 42820, 42830, 42831, 42832, 44014 and 42950, Public Resources Code.
s 18421. Scope.
Note: Authority cited: Sections 40502, 42020 and 42830, Public Resources Code: Reference: Sections 42820 and 42830, Resources Code.
s 18422. Definitions.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42800, 42820 and 42830, Public Resources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR.
s 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: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code and Sections 15376 and 65943, Government Code.
s 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: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code.
s 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 65920-65961, Government Code.
s 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, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840 and 42841, Public Resources Code and Section 15376, Government Code.
s 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 or 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.
s 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) Names(s), address(es), where notice can be sent and phone numbers(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: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code.
s 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 & Abatement Order deadline.
Table 1#
Type Of 500-4,999 5,000-9,999 10,000-19,999 20,000-49,999 50,000
or
More
Site/Operator Tires Tires Tires Tires Tires
Negligent-Capacity
Unpermitted WTF $500 $1,000 $1,500 $2,000 $3,000
Unpermitted WTF $2,000 $2,500 $3,000 $3,500 $4,000
(2nd Offense, etc.)
Intentional-Capacity
Unpermitted WTF $1,000 $2,000 $3,000 $4,000 $6,000
Unpermitted WTF $4,000 $5,000 $6,000 $7,000 $8,000
(2nd Offense)
Unpermitted WTF $6,000 $7,000 $8,000 $9,000 $10,000
(3rd Offense, etc.)
# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835.
Table 2A
Enhancement Issue-Negligent Act Risk
Factor
Serious threat to Public Health and Safety, or the Environment. 1.00
Residential homes, freeway/major roads, lakes, rivers, waterways
and
airports within 1,000 feet.
Moderate threat to Public Health and Safety, or the Environment. 0.75
Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within one mile, but more than 1,000 feet.
No potential threat to Public Health and Safety, or the Environment 0.50
Table 2B
Enhancement Issue-Intentional Act Risk
Factor
Serious threat to Public Health and Safety, or the Environment. 1.5
Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within 1,000 feet.
Moderate threat to public health and safety, or the environment. 1.25
Residential homes, freeway/major roads, lakes, rivers, waterways
and
airports within one mile, but more than 1,000 feet.
No potential threat to public health and safety, or the environment 1.00
(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)
Type Of
Site/Operator 1-4,999 5,000 10,000-19,999 20,000-49,999 50,000
-9,999 or
More
Tires [FNa1] Tires Tires Tires [FNa1] Tires [FNa1]
[FNa1] [FNa1]
Negligent
Capacity
Permitted WTF $500 $1,000 $1,500 $2,000 $3,000
Permitted WTF $2,000 $2,500 $3,000 $3,500 $4,000
(2nd Offense,
etc.)
Intentional
Capacity
Permitted WTF $1,000 $2,000 $3,000 $4,000 $6,000
Permitted WTF $4,000 $5,000 $6,000 $7,000 $8,000
(2nd Offense)
Permitted WTF $6,000 $7,000 $8,000 $9,000 $10,000
(3rd Offense,
etc.)
[FNa1] Over permitted capacity
FN# Total amount of penalty not to exceed maximum amounts specified in PRC
sections 42825 and 42835.
Table 4A
Enhancement Issue-Negligent Act Risk
Factor
Serious threat to public health and safety, or the environment. 1.00
Residential homes, freeway/major roads, lakes, rivers, waterways
and airports within 1,000 feet
Moderate threat to public health and safety, or the environment. 0.75
Residential homes, freeway/major roads, lakes, rivers, waterways
and
airports within one mile, but more than 1,000 feet.
No potential threat to public health and safety, or the environment. 0.50
Table 4B
Enhancement Issue-Intentional Act Risk
Factor
Serious threat to public health and safety, or the environment. 1.5
Residential homes, freeway/major roads, lakes, rivers, waterways
and
airports within 1,000 feet.
Moderate threat to public health and safety, or the environment. 1.25
Residential homes, freeway/major roads, lakes, rivers, waterways
and
airports within one mile, but more than 1,000 feet.
No potential threat to public health and safety, or the environment. 1.00
Table 5
Additional Penalties Range of Penalty
Type of Violations
equipment
Waste Tires Outdoors
$1,000/day
(major)
Violation of any Permit conditions (except capacity $500-$5,000
violation)
Closure
Closure
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources Code.
s 18430. Reinstatement of Suspended and Revoked Permits.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42830 and 42841, Public Resources Code.
s 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 complete 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 and Sections 65940 and 65941, Government Code.
s 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.
s 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.
s 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: Section 42821, Public Resources Code.
s 18435. Closure Plan.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
s 18440. Closure Commencement.
(a) The operator of a major or minor waste tire facility shall comply with the requirements of section 18441 of this Article when closing the waste tire facility.
(b) The operator of a major waste tire facility shall submit to the Board for approval an updated Closure Plan (Part B), Form CIWMB 504 (9/02) as specified in section 18442 of this Article, at least 120 days prior to the anticipated closure of the site. This time period shall not apply to facilities required to close in accordance with subsection (e).
(c) The operator of a major waste tire facility shall receive approval in writing from the Board of the updated Closure Plan, prior to beginning closure of the site.
(d) Operators of minor waste tire facilities shall receive written approval from the Board concerning the final planned disposition of waste tires prior to commencing closure. Approval shall be based upon the criteria in section 18441(a)(3) of this Article.
(e) The operator of a major or minor waste tire facility shall cease to accept waste tires and shall immediately begin closure of the site in compliance with any closure conditions established in the permit and these regulations, and shall notify the Board in writing upon commencement, after receiving written approval from the Board in accordance with subsections (c) and (d), if:
(1) The waste tire facility permit expires and renewal of the permit is not applied for, or it is revoked or denied; or
(2) A Board order to cease operation is issued; or
(3) The operator is unable to comply with the Articles in this Chapter or Article 5.5 of Chapter 3.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
s 18441. Closure Conditions.
(a) In closing the waste tire facility, the operator shall:
(1) Close public access to the waste tire facility;
(2) Post a notice at the entrance indicating to the public that the site is closed and the location of a site where waste tires can be deposited;
(3) Remove all waste tires and tire residues in accordance with Article 8.5 of this Chapter to a destination facility(s) approved by the Board in the Closure Plan. Board approval of destination facilities, within the state, shall be based on the following criteria:
(A) Destination facilities eligible for approval by the Board shall use one or more of the methods delineated in Public Resources Code section 42821(b). If waste tires are transported first to a collection facility, the operator of the closing facility shall provide documentation to the Board that the waste tires shall be transported from the collection facility to a destination facility approved by the Board within 90 days of receipt of each shipment of waste tires from the closing facility.
(B) A Collection or destination facility shall meet the requirements of subsection (A), and the requirements associated with any of the following facility types:
(i) the facility is a solid waste disposal facility permitted in accordance with section 18420(a) of Article 1; or
(ii) the facility is a major or minor waste tire facility permitted under this Chapter; or
(iii) the facility meets at least one of the requirements of section 18420(a)(2) and (4)-(6) of Article 1 and it meets the requirements of section 18420(b) of Article 1.
(4) Remove any debris to a recycling facility or a permitted solid waste disposal site; and
(5) Notify the Board when the closure activities are completed and the site is ready for inspection, and furnish the Board with manifests and trucking receipts or other documentation that tires and tire residues have been removed from the site and disposed of properly.
(b) After receiving notification that site closure is complete, the Board may inspect the site. If all procedures have been completed in accordance with these regulations, and the waste tires have been transported to an approved destination facility if the waste tires were first transported to a collection facility as specified in section 18441(a) of this Article, the Board shall approve the closure of a major waste tire facility in writing.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
s 18442. Closure Plan.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
s 18443. Inspection.
(a) The Board and/or the Enforcement Agency (EA) for the jurisdiction in which the waste tire facility is located shall inspect waste tire facilities for compliance with the applicable waste tire storage and disposal standards and any terms and conditions specified in the waste tire facility permit.
(b) Prior to the initial issuance, renewal or revision of a major or minor waste tire facility permit the Board or the EA shall inspect the facility. After the issuance of a permit, a major waste tire facility shall be inspected by the EA at least once annually. Minor waste tire facilities shall be inspected at least once every two and a half years.
(c) Reports of inspections conducted by the EA shall be submitted to the Board within 30 days of the date of inspection. If the inspection identifies a violation of the permit that is an endangerment to public health, safety or the environment, the EA shall file an inspection report within 7 days of the inspection.
(d) Upon presentation of proper credentials, the Board or an authorized Board employee or agent, shall be allowed to enter the facility during normal working hours to examine and copy books, papers, records, or memoranda pertaining to the facility, and to conduct inspections and investigations pertaining to the facility.
Note: Authority cited: Sections 40502, 42820, 42821, 42830 and 42832, Public Resources Code. Reference: Sections 42825, 42834, 42835 and 42845, Public Resources Code.
s 18445. Record Keeping.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code.
s 18447. Retention of Records.
Copies of all records required to be kept under this Chapter shall be retained by the operator for three (3) years at the place of business and shall be made available at the site during normal business hours for inspection and photocopy by any representative of the Board or any individual authorized by the Board.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42830 and 43832, Public Resources Code.
s 18448. Certification of Records.
(a) All records, summaries or reports submitted to the Board as required by this Chapter shall be signed by a person responsible for preparing and reviewing such documents as part of his or her duties in the regular course of business.
(b) Any person signing a document submitted under this Chapter shall make the following certification:
I certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or persons who manage the system or those persons directly responsible for gathering the information, and certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete.
Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code.
s 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.
s 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 s 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, s 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 the 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 ss 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.
s 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. (continued)