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(continued)
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42953 and 42954, Public Resources Code.
s 18452. Exemptions from Registration As a Waste Tire Hauler.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
s 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 42954(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.
s 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.
s 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) and (a)(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.
s 18453.3. When Should an Exemption be Renewed?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code.
s 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 (3/06) "Waste Tire Hauler Registration Application," which is attached hereto as Appendix A (Form #60, 3/06) 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 form 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 care 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.
s 18454.1. Who Must Obtain an Initial Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code.
s 18454.2. When Should I Obtain an Initial Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
s 18454.3. How Long Is the Initial Waste Tire Hauler Registration Valid?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42958, Public Resources Code.
s 18454.4. How Do I Obtain an Initial Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code.
s 18454.5. Are There Any Costs for the Initial Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code.
s 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 then 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.
s 18455.1. How do I Renew the Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
s 18455.2. When Should I Renew a Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
s 18455.3. Are there any Costs for Renewal of the Waste Tire Hauler Registration?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code.
s 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, Hauler & Manifest 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.
s 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 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.
s 18456.2. Waste Tire Hauler Registration Process.
(a) The Board shall inform an applicant in writing within 30 days from the 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, 42959, and 42961, Public Resources Code.
s 18456.2.1. Retreader Self-Certification Process.
(a) The Board shall inform the applicant for retreader self-certification in writing within 30 days from the 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.
s 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, Hauler & Manifest 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.
s 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.
s 18456.6. What will the Board do with the Initial Waste Tire Hauler Registration Application Once it is Submitted for Review?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code.
s 18456.7. What will the board do with the Waste Tire Hauler Registration Renewal Application Once it is Submitted for Review?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code.
s 18456.8. When the Waste Tire Hauler Registration Application is Approved, What Documents Will be Provided to Me?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
s 18456.9. If an Applicant Wishes to Obtain Registration for an Additional Vehicle, Does a New Application Need to be Submitted?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
s 18456.10. If a Registered Vehicle has been Sold or is no Longer Used for Waste Tire Hauling, Must I Inform the Board?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
s 18456.11. How Do I Notify the Board of a Change in Business Ownership?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
s 18456.12. Do I Need to Notify the Board if I Change my Address?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code.
s 18456.13. What If I Lose the Decal(s) or Registration(s)?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code.
s 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 the 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.
s 18457.1. Waste Tire Hauler Registration Suspension.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code.
s 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.
s 18458.1. What Steps Can I Take for Board Reconsideration of my Waste Tire Hauler Application?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code.
s 18459. Waste Tire Manifest System Requirements.
(a) The Board will provide blank forms: CIWMB 203, CIWMB 647, CIWMB 648, and CIWMB 180 at the time of initial or renewed waste tire hauler registration. These forms will be provided at no cost. CIWMB 180 shall only be completed by a Retreader. It shall be unlawful for a waste tire hauler, who is not a Retreader determined by the Board, to use a Retreader Trip Log.
(1) The Manifest Form (CIWMB 647) and Tire Trip Log (CIWMB 648) may be used in lieu of the Comprehensive Trip Log; however, the Manifest Form and Tire Trip Log shall not be used after December 31, 2005.
(2) In lieu of (a)(1), if approved on an individual basis by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log requirements of this section, may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board. The hauler shall provide a copy of their Board approved form to the generator or end-use facility for every waste or used tire transaction.
(3) Additional forms may be obtained from the Board by request.
(b) The Comprehensive Trip Log, Manifest Form, Tire Trip Log, and Retreader Trip Log shall be completed and signed under penalty of perjury by the appropriate representative, and accompany each shipment of used or waste tires from the point of origin to the facility.
(c) The following persons and entities shall comply with the Waste Tire Manifest System:
(1) waste and used tire hauler
(2) used or waste tire generator
(3) Federal, State, and local governments
(4) person hauling used or waste tires for agricultural purposes
(5) exempted commercial carrier
(6) a facility
(7) any person not included in Section 18459(c)(1) through (6) who gives, contracts, or arranges to have used or waste tires transported
(8) any person not included in Section 18459(c)(1) through (6) who accepts used or waste tires
(9) Retreader
(d) For purposes of this section, "waste and used tire hauler" means any person engaged in the transportation of used or waste tires, including haulers that the Board approved as exempt from registration pursuant to Public Resources Section 42954.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code.
s 18459.1. Tire Program Identification Number.
(a) On or after July 1, 2003, every waste tire generator shall apply for and obtain a CIWMB assigned Tire Program Identification Number for each location from which used or waste tires are generated and transported from. Each location shall be assigned a unique site specific Tire Program Identification Number.
(b) On or after July 1, 2003, every end-use facility shall apply for and obtain a CIWMB issued Tire Program Identification Number for each location where used or waste tires are accepted. Each location shall be assigned a unique site specific Tire Program Identification Number.
(c) Every waste tire hauler shall be assigned a CIWMB issued Tire Program Identification Number, if not already assigned, at the time of registration.
(d) Only one Tire Program Identification Number shall be assigned to any one business location. The Board shall issue a certificate with the Tire Program Identification Number for each location, which shall be posted by the operator in a conspicuous place.
(e) Every waste tire generator, waste tire hauler, or waste tire end-use facility shall submit written notification to the CIWMB upon any change of business operator or owner, business name, or business address within 10 days of the change.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.1.2. Electronic Data Transfer and Web-Based Data Entry Requirements.
(a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Board in lieu of the required Comprehensive Trip Log, Retreader Trip Log, or Manifest or Tire Trip Log forms requirements with the following provisions:
(1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry project.
(2) The business shall be in good standing with the CIWMB and have no final administrative, civil, or criminal actions taken by the CIWMB or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations.
(3) The waste tire generator, waste tire hauler, Retreader, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically.
(4) The Business entity may use their own functionally equivalent form, once approved by the Board, in lieu of the Board required form.
(b) The CIWMB may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c).
(c) Any falsification, misrepresentation, or omission of a fact to the CIWMB, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry project or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry programs.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.2. Waste Tire Hauler Manifest Form Signature Requirements.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.2.1. Submittal of the Comprehensive Trip Log, Manifest Form, Tire Trip Log, Retreader Trip Log, and Electronic Reporting to the Board.
As provided in this section, the Comprehensive Trip Log, or Manifest Form and Tire Trip Log, or Retreader Trip Log shall be submitted to the CIWMB by the waste tire generator, waste tire hauler or Retreader as specified in (a), (b), (c), or (d).
(a)(1) If the waste tire hauler chooses to use the Manifest form, the waste tire generator shall submit the completed original Manifest Form to the Board within ninety (90) days of the load shipment. The Manifest Form and Tire Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Manifest Form and the Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.
(2) If the waste tire hauler chooses to use the Tire Trip Log, the waste tire hauler shall submit the completed original Tire Trip Log to the Board within ninety (90) days of the load shipment.
(3) The Manifest Form and Tire Trip Log shall not be used after December 31, 2005.
(b) On or before January 1, 2006, the waste tire hauler shall submit a copy of the completed Comprehensive Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Comprehensive Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.
(c) If the waste or used tire is a tire casing being shipped for inspection, retreading, or recapping and is being transported by a Retreader, the waste tire generator may substitute an invoice for the required manifest form provided by the Retreader. The invoice shall contain the date of the transaction, the name of the customer and address, the Tire Program Identification Number of the generator or end use facility, the name of the retreader and address, the quantity of tire casings shipped. A copy of the invoice and Retreader Trip Log shall be in the Retreader's possession while transporting the tire casings. The copy of the invoice and Retreader Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board.
(1) The Retreader shall submit the completed Retreader Trip Log to the Board within ninety (90) days of the load shipment.
(d) If approved by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the requirements set forth in above (a), (b), or (c) may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board, in lieu of submitting the required form. The electronic report shall include all information required to be on the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log forms.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.3. Maintenance of Comprehensive Trip Logs, Retreader Trip Logs, Manifest Forms and Tire Trip Logs.
(a) The waste tire generator, and end-use facility shall retain a copy of the completed Manifest Form, receipt from the Comprehensive Trip Log, or Board approved EDT form at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.
(1) If the waste or used tire is a tire casing being shipped to or from a generator, or end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form or receipt from the Comprehensive Trip Log. This invoice shall be retained at the place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request.
(b) The waste tire hauler shall retain a copy of the completed Board approved EDT form, Comprehensive Trip Log, or the Manifest Form and Tire Trip Log at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.
(1) The Retreader shall retain a copy of the completed Retreader Trip Log and corresponding invoices at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request.
(c) Any person using Electronic reporting, including used and waste tire generators and end-users, must retain a copy of the Board approved EDT form from the waste tire hauler or Retreader at their place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.4. Who Signs the Manifest?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.5. Who Receives Copies of the Manifest and When?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.6. Who Keeps Copies of the Manifest and For How Long?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18459.7. Where Do I Get Waste Tire Hauler Manifest Forms CIWMB-62?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42961.5 and 42962, Public Resources Code.
s 18460. Waste Tire Hauler Manifest System Requirements.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code.
s 18460.1. Waste Tire Manifest System Requirements for Agricultural Uses Exemption.
(a) As provided in s 18459(a)(1), the agricultural exempt waste tire hauler shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board.
(b) The agricultural exempt waste tire hauler shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information.
(c) The agricultural exempt waste tire hauler shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the agricultural exempt waste tire hauler representative.
(d) The agricultural exempt waste tire hauler may destroy the "hauler" copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log upon reaching the end-use facility.
(e) The agricultural exempt waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(f) The agricultural exempt waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code.
s 18460.1.1. Waste Tire Manifest System Requirements for Common Carrier Exemption.
(a) As provided in s 18459(a)(1), the common carrier approved for exemption pursuant to Public Resource Code Section 42954 shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board.
(b) The exempt common carrier shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information.
(c) The common carrier shall keep one copy of the completed Comprehensive Trip Log or Manifest Form and Tire Trip Log.
(d) The common carrier shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the common carrier representative.
(e) If the used or waste tires are transported from a collection center, a new Manifest Form or receipt from the Comprehensive Trip Log shall be used until the waste tires reach an end-use facility.
(f) The common carrier shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(g) The common carrier shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code.
s 18460.2. Waste Tire Manifest System Requirements for Waste Tire Haulers.
(a) The registered waste tire hauler shall show the waste tire generator the waste tire hauler registration for the vehicle being used to transport the used or waste tires.
(b) As provided in s 18459(a)(1), the registered waste tire hauler shall complete a new Manifest Form or receipt from a Comprehensive Trip Log for each pick-up or delivery of any used or waste tires in accordance with the directions on the form. If a Manifest Form is used, each pick-up or delivery of used or waste tires shall also be entered on the Tire Trip Log in accordance with the directions on the form. The waste tire hauler shall not transport any used or waste tires without having a copy of the Manifest Form and Tire Trip Log or Comprehensive Trip Log in the vehicle transporting the used or waste tires.
(1) As provided in s 18459(a)(2), the registered waste tire hauler may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and substitute an electronic report for the Manifest Form and Tire Trip Log or Comprehensive Trip Log.
(c) A vehicle may contain used or waste tires from different waste tire generators. Used or waste tires from each generator shall be accompanied by their own Manifest Form or receipt from the Comprehensive Trip Log from point of origin.
(d) The waste tire hauler shall leave one copy of the Manifest Form or a completed receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form or receipt has been completed.
(e) The waste tire hauler shall keep one copy of the completed Manifest Form or Comprehensive Trip Log.
(f) The waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires.
(g) The waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of the waste tire generator, or end-use facility who does not provide the necessary information to the hauler in order to complete the manifest or Comprehensive Trip Log.
(h) The waste tire hauler shall not transport the used or waste tires without a properly completed Manifest Form and Tire Trip Log or Comprehensive Trip Log.
(i) Those waste and used tire haulers exempt from registration pursuant to Public Resources Code section 42954 shall be required to comply with the manifest requirements of Subsections (b) through (h) if they haul a load of 10 or more waste or used tires; however will not be allowed to participate in the electronic reporting as provided in (b)(1).
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954, 42956 and 42961.5, Public Resources Code.
s 18460.2.1. Waste Tire Manifest System Requirements for Retreaders.
(a) A registered waste tire hauler meeting the requirements set forth in s 18450(a)(19) shall complete, sign under penalty of perjury, and submit the Retreader Self-Certification Form (CIWMB 173) to the Board before the Board deems that registered waste tire hauler to be a Retreader.
(b) The Retreader shall show the waste tire generator the Retreader registration card for the vehicle being used to transport the tire casings.
(c) The Retreader shall complete an invoice in accordance with ss 18459.2.1(c) and 18461(a)(1) for each pick-up or delivery of tire casings. Notwithstanding s 18459(d), each pick-up or delivery of tire casings shall also be entered on the Retreader Trip Log in accordance with the directions on the form. The Retreader shall not transport any tire casings without having a copy of the invoice and Retreader Trip Log in the vehicle transporting the tire casings.
(d) A vehicle may contain tire casings from different waste tire generators. Tire casings from each generator shall be accompanied by their own invoice form from point of origin.
(e) The Retreader shall leave one copy of the invoice form with the waste tire generator, or end-use facility after the invoice form has been completed.
(f) The Retreader shall keep one copy of the completed invoice form.
(g) The Retreader shall not haul tire casings to an end-use facility not legally authorized to accept used or waste tires.
(h) The Retreader shall not transport the tire casings without a properly completed invoice form and Retreader Trip Log.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18460.3. What if the Tire Dealer/Waste Tire Generator Does Not Properly Complete the Manifest Form?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18460.4. What are Legally Authorized Waste Tire Sites?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18461. Manifest System Requirements for Waste Tire End-Use Facilities.
The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following.
(a) As provided in s 18459.3(a), an end-use facility shall retain a copy of the Manifest Form, Board approved EDT form, or the completed receipt from the Comprehensive Trip Log provided by the registered hauler.
(1) If a tire casing is being shipped to an end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form.
(b) The waste tire end-use facility may accept the used or waste tires from waste tire hauler(s) who are not registered with the Board and/or have no manifest as provided below:
(1) If waste or used tires are received from a registered hauler that does not have a Comprehensive Trip Log, the end use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) within 48 hours of the tire delivery and submit the form to the CIWMB within 90 days.
(2) The end-use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit it to the Board within 30 days of the acceptance of 10 or more waste or used tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 waste or used tires to the end-use facility.
(3) If the person is hauling 20 or more waste or used tires under the written authorization of a Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit the form to the Board within 30 days of the acceptance of waste or used tires from that person.
(c) End-use facility operators shall make available for review by the waste tire hauler any Board issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of used or waste tires on the site.
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951 and 42961.5, Public Resources Code.
s 18461.1. My Site Accepts Waste Tires. What Shall I do as the Operator of a Destination Facility if a Waste Tire Hauler Who is Not Registered With the Board and/or Has No Manifest Delivers Waste Tires to My Site?
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.
s 18461.2. How Can I Demonstrate That My Facility is Authorized to Accept Waste Tires? (continued)