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(1) Containers shall be kept closed except while loading and unloading.
(2) Containers shall be kept locked when not being loaded or unloaded unless unauthorized access is controlled pursuant to section 17352 of this Article.
(3) All waste tire deliveries shall be manifested in accordance with Article 8.5 of this Chapter.
(4) For the purpose of this section "temporarily" shall mean less than 90 days.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42830 and 43020, Public Resources Code.
s 17225.720. Crumb Rubber.
Crumb rubber means rubber granules derived from waste tires that are less than or equal to one-quarter (1/4) inch (6mm) in size. "Crumbing" in reference to waste tires means action which produces crumb rubber.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.7, 42820, 42830 and 43020, Public Resources Code.
s 17225.725. Design.
"Design" means the layout of a waste tire facility (including the numbers and types of fixed structures), total volumetric capacity of a waste tire facility or total throughput rate, vehicular traffic flow and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code.
s 17225.735. Waste Tire.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42807, 42820, 42830 and 43020, Public Resources Code.
s 17225.750. Operation.
"Operation" means the procedures, personnel, and equipment used to receive, store, process or dispose of waste tires.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code.
s 17225.755. Operator.
"Operator" means the person legally responsible for the operation of a waste tire facility or the owner if there is no operator.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42804, 42820, 42830 and 43020, Public Resources Code.
s 17225.760. Owner.
"Owner" means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility is located.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42805, 42820, 42830 and 43020, Public Resources Code.
s 17225.770. Passenger Tire Equivalents (PTE).
"Passenger Tire Equivalents" means the total weight of altered waste tires, in pounds, divided by 20 pounds. This definition replaces the previous definition of "Tire Equivalents."
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42808, 42821(c), 42831, 42820, 42830 and 43020, Public Resources Code.
s 17225.795. Store.
"Store" means to reserve tires for future use, processing, recycling, or offsite disposal.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42822, 42808, 42820, 42830 and 43020, Public Resources Code.
s 17225.800. Substantial Change.
For the purpose of PRC section 42812, "Substantial Change" means any change that may cause a significant effect on the environment. Significant effect on the environment shall have the same meaning as provided in the State California Environmental Quality Act (CEQA) Guidelines. The determination of significant effect shall be made in accordance with section 15064 of the State CEQA Guidelines (Title 14 of the California Code of Regulations).
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code; and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR.
s 17225.820. Used Tire Dealer.
"Used Tire Dealer" means a business, operating under the terms and conditions of a local use permit, business license or other required local approval, which is storing used tires in accordance with PRC section 42806.5, and for which its primary purpose is to sell used tires for profit.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42806.5, 42820, 42830 and 43020, Public Resources Code.
s 17258.1. Purpose, Scope, and Applicability.
Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1.
s 17258.2. Definitions.
Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 257 and 258.2.
s 17258.10. Airport Safety.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.10.
s 17258.16. Closure of Existing Landfills.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code and Title 40, Code of Federal Regulations, Section 258.16.
s 17258.20. Procedures for Excluding the Receipt of Hazardous Waste.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; Sections 25249.5 through 25249.13, Health and Safety Code; and Title 40, Code of Federal Regulations, Section 258.20.
s 17258.21. Cover Material Requirements.
Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, 43020, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.21.
s 17258.23. Explosive Gases Control.
Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.23.
s 17258.24. Air Criteria.
Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.24.
s 17258.29. Recordkeeping Requirements.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.29.
s 17258.60. Closure Criteria.
Note: Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.60.
s 17258.61. Postclosure Care Requirements.
Note: Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.61.
s 17258.73. Financial Assurance for Corrective Action.
Note: Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.73.
s 17258.74. Allowable Mechanisms for Corrective Action.
Note: Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.74.
s 17301. Applicability of Standards.
The standards in this Article shall apply to all facilities, equipment, or vehicles used for storage, removal, transport, and other handling of solid wastes.
s 17302. Conformance with Plan.
After the effective date of the county solid waste management plan required by Section 66780 of the Government Code, solid waste storage and removal shall be in conformance with said plan.
s 17311. General.
The owner, operator and/or occupant of any premise, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property.
s 17312. Storage.
(H) In all cases in which garbage and rubbish are combined, the standards for garbage shall prevail. The property owner or occupant shall store solid waste on his premises or property or shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances.
s 17313. Design Requirements.
The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate the solid waste loading anticipated and which will allow for efficient and safe waste removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions.
s 17314. Operator Responsibility.
Where the collection operator furnishes storage containers, he is responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions, or agreements. He shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public.
s 17315. Garbage Containers.
(H) Property owners and tenants shall deposit all garbage and putrescible matter or mixed garbage and rubbish in containers which are either non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and designed for safe handling, or in paper or plastic bags having sufficient strength and water tightness and which are designed for the containment of refuse. Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. Containers when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition free from putrescible residue.
s 17316. Identification of Containers.
Containers of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container.
s 17317. Use of Container.
No person shall tamper with, modify, remove from, or deposit solid wastes in any container which has not been provided for his use, without the permission of the container owner.
s 17331. Frequency of Refuse Removal.
(H) The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all refuse accumulated by him on his property or his premises. To prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances, refuse, except for inert materials, shall not be allowed to remain on the premises for more than seven days, except when:
(a) disruptions due to strikes occur, or
(b) severe weather conditions or "Acts of God" make collection impossible using normal collection equipment, or
(c) official holidays interrupt the normal seven day collection cycle in which case collection may be postponed until the next working day. Where it is deemed necessary by the local health officer because of the propagation of vectors and for the protection of public health, more frequent removal of refuse shall be required.
s 17332. Regulation of Operators.
Each person providing residential, commercial, or industrial solid waste collection services shall comply with all local government licenses, permits or written approval requirements applicable to the city or county in which such services are provided. Such written approval shall be contingent upon the operator's demonstrated capability to comply with these standards and use of equipment which is safe and sanitary. Each enforcement agency of solid waste collection shall maintain a complete listing of all persons holding written approvals to provide solid waste collection services within its jurisdiction. The listings shall contain the name, office, address, telephone number and emergency telephone number if different of each such person, the number and types of vehicles employed by such person in providing such solid waste collection services, and the types of materials authorized for handling.
s 17333. Operator Qualifications.
When a city, county or special district authorizes or designates a person or firm to provide solid waste collection services within the territory under its jurisdiction through contract, franchise, permit, or license the local government shall obtain proof that such person or firm has adequate financial resources and experience to properly conduct the operation authorized. The facts needed to establish proof shall include but not be limited to the following:
(a) The filing of a performance bond or equivalent security with the local government in a reasonable amount, together with
(b) Evidence submitted to the local government and to the enforcement agency that the person or firm has experience sufficient to meet the needs of the situation within the jurisdiction.
s 17334. Ownership of Waste Materials.
Solid wastes subject to collection by a collection service operator shall become the property of the collection service operator subject to local ordinances or contract conditions after such time as the authorized collector takes possession of the wastes.
s 17341. Equipment Construction.
(H). All equipment used for the collection and/or transportation of solid waste shall be durable, easily cleanable and designed for safe handling, and constructed to prevent loss of wastes from the equipment during collection or transportation. If such equipment is used to collect or transport garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such equipment shall in all cases be non-absorbent and leak resistant. All equipment shall be maintained in good condition and cleaned in a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances.
s 17342. Equipment Safety.
(H) Vehicles and equipment used in the transport of garbage and rubbish shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public.
s 17343. Equipment Parking.
A refuse collection service operator must designate an off-street location where all refuse collection vehicles will be parked when not in service, except in an emergency.
s 17344. Identification of Operator.
Each vehicle used for the collection and transport of refuse shall be clearly marked with the name of the agency or firm operating the vehicle.
s 17345. Inspection of Equipment.
(H) Equipment used for solid waste collection shall be made available for inspection as requested by the appropriate Enforcement Agency.
s 17346. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for facilities that operate a waste tire monofill as defined in Section 17346.1 of this Article.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article.
(d) Nothing in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities.
(e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the disposal of waste tires will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment.
(f) For the purposes of this Article and Article 5.5 of this Chapter, disposal and storage of waste tires does not include the beneficial reuse of waste tires as the Board may determine on a case-by-case basis.
(1) Beneficial reuse of altered waste tires is permitted provided the beneficial use does not pose a threat to public health, safety and the environment.
(2) In order to qualify as a beneficial use, the proposed use must employ one or more of the engineering properties of waste tires and provide equal or superior performance or lower cost relative to conventional technologies and the proposed use must be approved in writing by a registered civil engineer.
(3) An application to determine if a project is considered a beneficial reuse must be made in writing to the EA and the Board. The EA and the Board will evaluate the proposed project under the criteria set forth in subsections 17346(f)(1) and (2) and will independently determine and notify the applicant whether the proposed project constitutes a beneficial reuse of altered waste tires within ninety (90) days from their receipt of the application.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 42808, Public Resources Code.
s 17346.1. Definitions.
For the purposes of this Article:
Unless the context requires another construction, the definitions set forth in this Article and in Division 30 of the Public Resources Code shall govern the construction of this Article. Certain of the definitions in Division 30 are interpreted herein for the purposes of this Article. The definitions set forth in Title 14, California Code of Regulations, Division 7, Chapter 3, Article 4.1 do not apply to this Article 5.4.
(a) "Air District" means Air Pollution Control District or Air Quality Management District.
(b) "Altered Waste Tire" means a waste tire that has been baled, shredded, chopped or split apart. "Altered waste tire" does not mean crumb rubber.
(c) "Cell" means that portion of compacted waste tires in a waste tire monofill that is enclosed by cover material during a designated period.
(d) "Local Fire Control Authority" means the public agency responsible for fire prevention and fire suppression for the area where a waste tire monofill facility is located or is proposed to be located.
(e) "Operator" means the person responsible for the overall operation of a waste tire monofill facility or the owner if there is no operator.
(f) "Owner" means a person who owns, in whole or in part, a waste tire monofill facility, the waste tires located at a waste tire monofill facility, or the land on which a waste tire monofill facility is located.
(g) "Rubber fines" are small particles of ground rubber that result as a by-product of producing shredded rubber.
(h) "RWQCB" means the Regional Water Quality Control Board.
(i) "Uncontaminated Waste Tires" mean waste tires that are not hazardous waste, as defined in Title 22, California Code of Regulations Sections 66260.10 and 66261.3.
(j) "Waste Tire Monofill" means a discrete unit, as defined in Title 27, California Code of Regulations, Section 20164, for disposal of only uncontaminated waste tires together with cover.
(k) "Waste tire monofill facility" means a solid waste facility that has or will have one or more waste tire monofills and that may handle waste tires for the purposes of disposal to a waste tire monofill or mining for recovery of waste tires from a waste tire monofill.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 40160, 42801.5, 42804, 42805, 43020 and 43021, Public Resources Code.
s 17346.2. Regulatory Tier for Waste Tire Monofill Facilities.
(a) All Waste Tire Monofill Facilities shall obtain a Full Solid Waste Facilities Permit as set forth in Title 27, California Code of Regulations Sections 21563-21686, but excluding 21565.
(b) Except as expressly provided otherwise in this Article 5.4, all waste tire monofills shall comply with those provisions of the California Integrated Waste Management Act of 1989 (the Act), commencing with Public Resources Code Section 40000, and regulations promulgated pursuant to the Act which apply to solid waste landfills.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 44002, Public Resources Code.
s 17346.3. Applicability of State Minimum Standards.
(a) Operating Criteria. All waste tire monofills shall comply with the operating criteria set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 4, commencing with Section 20510, except for the following:
(1) Section 20680. Daily Cover
(2) Section 20690. Alternative Daily Cover
(3) Section 20695. Cover Performance Standards
(4) Section 20700. Intermediate Cover
(b) Additional Operating Requirements for Waste Tire Monofills. In addition to the requirements set forth in (a) above, all waste tire monofills shall adhere to the following waste tire monofill standards:
(1) Waste tire monofill facilities shall comply with Title 14, California Code of Regulations, Division 7, Chapter 3, Article 5.5 and with Title 14, California Code of Regulations, Division 7, Chapter 6, Article 8.5.
(2) Waste tires disposed in a waste tire monofill shall be altered waste tires or shall be otherwise permanently reduced in volume prior to disposal in a manner approved by the EA and the Board on a case-by-case basis. Waste tires disposed in a tire monofill shall also comply with the following specifications, unless alternative specifications are approved pursuant to subsection (b)(10):
(A) Tire pieces passing a 3 inch (76 mm) square mesh sieve shall be limited to a maximum of 50% by weight and tire pieces passing a 1.5 inch (38 mm) square mesh sieve shall be limited to a maximum of 25% by weight in the waste tire monofill to limit the potential for internal heating.
(B) The waste tire monofill shall contain less than 1% by weight of tire particles small enough to pass through a no. 4 (4.75 mm) sieve.
(C) The waste tire monofill shall contain no more than 5% altered tires having metal fragments that protrude more than 2 inches (51 mm) from the cut edges.
(D) Disposal of any material other than waste tires and cover is prohibited.
(E) Disposal of the remains of tires that have been subjected to fire shall be prohibited.
(F) Disposal of factory-reject tire carcasses that have been only partially vulcanized shall be prohibited.
(G) Disposal of rubber fines shall be restricted to a separate area of the monofill as a discrete cell that is isolated from altered waste tire fill cells and mixed completely with an equal volume of cover during the filling operations.
(H) In the top 12-inch layer of altered waste tires, a minimum of 90 percent (by weight) of the altered waste tires shall have a maximum dimension, measured in any direction, of 12 inches (305 mm) and 100 percent of the altered waste tires shall have a maximum dimension, measured in any direction, of 18 inches (457 mm).
(3) Representative samples of altered waste tires to be disposed in a waste tire monofill shall be collected and analyzed for gradation and protruding wire on a monthly basis, or less frequently if approved by the EA and the Board, to ensure compliance with subsections 17346.3(b)(2)(A), (B), and (C). Representative samples of cover to be disposed or utilized at a waste tire monofill shall be tested to ascertain compliance with the limitation on organic matter set forth in subsection 17346.3(b)(5) of this Article 5.4. Records of the results of these samples shall be maintained in the records required by Section 17346.4 of this Article 5.4.
(4) The last lift of altered waste tires disposed in a waste tire monofill shall be compacted to provide a flat and stable surface.
(5) Waste tire monofill cells shall not exceed a maximum depth of 20 feet (6 m), and a maximum cell area of 12,500 square feet (1161 square meters). A minimum distance of 2 feet shall be maintained between tire shreds in adjacent cells. Intermediate cover shall be placed to wholly encapsulate each monofill cell. Intermediate cover shall consist of soil with less than 5% organic matter as determined by a loss on ignition test (ASTM D 2974-00) and compacted to the maximum density obtainable at optimum moisture content, plus or minus 3 percent, to obtain a stable surface, using methods that are in accordance with accepted engineering practice.
(6) The active face of not more than two (2) cells shall be uncovered at any given time within a waste tire monofill facility.
(7) A minimum of 6 inches (152 mm) of cover shall be placed over the entire working face at the end of each operating day if: (A) the working face is to remain open and inactive for longer than 24 hours; or (B) when there is precipitation. The cover shall consist of the same material used as intermediate cover.
(8) If more than one waste tire monofill cell is stacked vertically, temperature sensors shall be installed within the underlying cells to monitor cell temperatures. The operator shall submit a plan that sets forth the location and frequency of sensor placement for approval by the EA and the CIWMB. In addition, a fire prevention plan shall be in place to address any zones, which experience sustained elevated temperatures to reduce temperatures to safe levels. Both plans shall be made part of the Fire Prevention, Control and Mitigation Plan, which is defined in Section 17346.5(b)(1). Records of these results of elevated temperature shall be maintained in the records required by Section 17346.4 of this Article 5.4.
(9) An adequate stockpile of cover and equipment, as required and approved by the EA and the Board, shall be available in the event of fire to insure a cover of a minimum depth of 3 feet on all waste tires, crumb rubber and rubber fines at the waste tire monofill facility exposed to the atmosphere.
(10) The operator may propose to the EA and the Board alternative operating criteria to those specified in subsections 17346.3(b)(2) through (b)(9) together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsections 17346.3(b)(2) through (b)(9).
(11) Any mining or excavation of waste tires from a waste tire monofill shall be in accordance with a site-specific excavation and materials management plan approved by the EA and the Board.
(12) For the purposes of this Article, in addition to the requirements of Title 27, California Code of Regulations, Section 20610 (Training), site personnel shall be trained in fire safety, prevention and suppression.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
s 17346.4. Waste Tire Monofill Facility Records.
(a) In addition the requirements set forth in Title 27, California Code of Regulations, Section 20510, waste tire monofills shall record the following information and maintain it with other facility records:
(1) Results from temperature sensor monitoring required by this Article 5.4, subsection 17346.3(b)(8).
(2) Results from the sampling of altered waste tires as required by this Article 5.4, subsection 17346.3(b)(3)
(3) Results from load checking program as required by Title 27, California Code of Regulations, Section 20870.
(4) Waste Tire Hauler Manifests as required by Title 14, California Code of Regulations, Section 18459.3.
(5) Results from the loss of ignition test (ASTM D 2974-00) for cover as required by this Article 5.4, subsection 17346.3(b)(3).
(6) Any additional records required as part of the terms and conditions of the Full Solid Waste Facilities Permit.
(b) Notwithstanding subsection 17346.4 (a), for purposes of this Article, the requirements of Title 27, California Code of Regulations, subsection 20515(a)(6)-(MSWLF Unit Records) shall not apply to waste tire monofills.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
s 17346.5. Report of Facility Information for Waste Tire Monofill Facilities.
(a) Each operator of a waste tire monofill facility must file with the EA a Report of Disposal Site Information (RDSI) as required in Title 27, California Code of Regulations, Sections 21590 & 21600.
(b) In addition to the RDSI requirements set forth in Title 27, California Code of Regulations, Sections 21590 and 21600, the RDSI shall include the following:
(1) A Fire Prevention, Control and Mitigation Plan which describes the measures the operator will take to: prevent tires from igniting, control and suppress the tire fire if it occurs, and mitigate the environmental impacts created by the tire fire at the waste tire monofill and by extinguishing the fire. The operator of a waste tire monofill facility shall specify the time frames under which any contaminated liquids generated as a result of any tire fire will be contained and removed and remedial actions will be implemented. Prior to Board concurrence in a permit, the time frames must be approved by the Board.
(2) Written evidence that the operator has submitted the Fire Prevention, Control and Mitigation Plan to the Local Fire Control Authority.
(3) Written evidence that the applicable Local Fire Control Authority has determined that the waste tire monofill facility, as described in the RDSI, complies with all fire prevention, fire suppression, and other requirements applicable to such facilities within the jurisdiction of the Local Fire Control Authority.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
s 17346.6. Design and Construction Standards.
(a) The waste tire monofill shall be constructed in accordance with design plans and specifications prepared, signed, and stamped by a civil engineer registered by the State of California, pursuant to Section 6762 of the Business and Professions Code.
(b) As specified in Section 17346.5 of this Article, operators of waste tire monofills shall prepare a Fire Prevention, Control and Mitigation Plan. As part of this plan, an emergency containment system that limits the flow of any contaminated liquids resulting from a fire in the tire monofill must be provided. The emergency containment system must contain any contaminated liquids resulting from a fire in the waste tire monofill and fire suppression for a period consistent with the implementation of the Fire Prevention, Control and Mitigation Plan. The emergency containment system may be the existing natural geologic condition or may be constructed (utilizing clay or composite material together with a protective operations layer). The emergency containment system shall also include a collection system to remove any contaminated liquid that accumulates within the monofill in the event of a fire within or proximate to the tire monofill. The emergency containment system must be able to withstand breaching or rupture due to temperatures and other conditions that may result from a fire within the tire monofill and from activities undertaken to extinguish a fire within the tire monofill or to remediate any hazard or risk of hazard to the public health and safety or the environment due to a fire within the tire monofill.
(c) Waste tire monofills shall be designed and constructed to minimize water from entering or accumulating in fill areas, or ponding on cells. Storm water may be temporarily collected in lined dewatering sumps that are located on the cells. The design and construction of the tire monofill must allow for the removal of storm water and water that accumulates in the monofill as quickly as necessary to minimize the risk of fire within the monofill, as determined by the EA and the Board.
(d) The operator of a waste tire monofill shall implement a construction quality assurance (CQA) program to ensure compliance with the above requirements.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17346.7. Siting Criteria.
(a) Waste tire monofill facilities shall not be sited in an area subject to inundation or washout due to floods with a 100-year return period.
(b) Waste tire monofills shall meet seismic design criteria for Class III units as set forth in Title 27, California Code of Regulations, Section 20370.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code.
s 17347. Closure and Postclosure Maintenance Criteria.
(a) All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 5, Article 2, commencing at Section 21090.
(b) Notwithstanding subsection 17347(a) above, the operator may propose to the EA and the Board alternative closure and postclosure maintenance criteria to those specified in subsection (a), together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsection 17347(a).
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code.
s 17347.1. Closure and Postclosure Maintenance Plans.
All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Chapter 4, Subchapter 4, commencing at Section 21769.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code.
s 17348. Corrective Action Criteria.
As part of the facility closure plan, the operator of a waste tire monofill shall establish corrective action procedures that include detecting, characterizing and responding to unpermitted discharges of solid waste to land, the detection of elevated subsurface temperatures and the mitigation of any fire at the facility. The corrective action procedures shall also include an estimated cost to initiate and complete the corrective action for all known and reasonably foreseeable releases from the waste tire monofill.
Note: Authority cited: Sections 40502, 43020, 43021 and 40508, Public Resources Code. Reference: Sections 40508 and 43103, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations.
s 17349. Financial Assurances for Closure, Postclosure Maintenance, Corrective Action and Operating Liability.
All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 6 commencing at Section 22200.
Note: Authority cited: Sections 40502, 40508 and 43509, Public Resources Code. Reference: Sections 40508, 43040, 43103, 43500, 43600, 43601, 43601.5, 43602 and 43604, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations.
s 17350. Applicability.
(a) Any facility storing 500 or more waste tires outdoors must comply with the technical and operational standards in sections 17351 through 17355 of this Article.
(b) Any facility storing waste tires indoors must comply with the technical and operational standards in section 17356 of this Article.
(c) Waste tires that are disposed of by burying at a solid waste disposal facility are addressed in section 17355 of this Article.
(d) For purposes of determining the applicability of this Chapter, altered waste tires shall be counted as passenger tire equivalents (PTE).
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17351. Fire Prevention Measures.
(a) Communication equipment shall be maintained at all facilities, if they are staffed by an attendant, to ensure that the site operator can contact local fire protection authorities in the event of fire.
(b) Adequate equipment to aid in the control of fires must be provided and maintained at the facility at all times. At a minimum the following items shall be maintained on site and in working order at all times:
(1) One (1) dry chemical fire extinguisher;
(2) One (1) two and one-half gallon water extinguisher;
(3) One (1) pike pole or comparable pole at least 10 feet in length to separate burning from non-burning tires; and
(4) One (1) round point and one (1) square point shovel.
(5) One (1) dry chemical fire extinguisher with a minimum rating of 4A:40BC shall be carried on each piece of fuel-powered equipment used to handle waste tires;
(c) An adequate water supply shall be available for use by the local fire authority. The water supply shall be capable of delivering at least 1,000 gallons per minute for a duration of at least three hours and at least 2,000 gallons per minute for a duration of at least three hours if the sum of altered plus whole waste tires exceeds 10,000.
(d) All of the requirements of subsections (b) and (c) shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. This may include the availability of earth moving equipment or other approved means to control the tire fire. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17352. Facility Access and Security.
(a) Signs - for facilities open to the public a sign shall be posted at the facility entrance stating the name of the operator, operating hours, and site rules.
(b) Attendant - An attendant shall be present when the facility is open for business if the facility receives tires from persons other than the operator of the facility.
(c) Access - An access road to the facility must be maintained passable for emergency equipment and vector control vehicles at all times. Unauthorized access must be strictly controlled.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17353. Vector Control Measures.
(a) All waste tires shall be stored in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means:
(1) Cover with impermeable barriers other than soil to prevent entry or accumulation of precipitation; or
(2) Use of treatments or methods to prevent or eliminate vector breeding as necessary, provided the control program is approved as appropriate and effective by the local vector control authority, if such authority exists. If no local vector control authority exists, the local Environmental Health Department or other local agency with authority over vector control shall approve the vector control plan. Any control program approved by the local vector control authority shall be subject to Board concurrence at the time of issuance or renewal of the waste tire facility permit.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17354. Storage of Waste Tires Outdoors.
(a) Except as provided in subsection (c) waste tires shall be restricted to individual piles, which include stacks and racks of tires that do not exceed 5,000 square feet of contiguous area. Any pile shall not exceed 50,000 cubic feet in volume nor 10 feet in height. Piles shall not exceed 6 feet in height when within 20 feet of any property line or perimeter fencing. Waste tires shall not be located within 10 feet of any property line or perimeter fencing. The minimum distance between waste tire piles and between waste tire piles and structures that are located either on-site or off-site shall be as specified in Table I.
(b) Except as provided in subsection (c) waste tires shall be separated from vegetation and other potentially flammable materials by no less than 40 feet. Accessible fire lanes with a minimum width as specified in Table I shall be provided between tire storage units. Fire lanes shall be kept free of flammable or combustible material and vegetation. Access to fire lane(s) for emergency vehicles must be unobstructed at all times. Open flames, blow torches, or highly flammable materials, including but not limited to, tire inner tubes, are prohibited within 40 feet of a waste tire pile.
Table I Minimum Separation Distances (Ft.)
Length of Exposed Tire Storage Pile Height (Ft.) Face (Ft.) 6 8 10 25 50 56 62 50 66 75 84 100 84 100 116 150 99 117 135 200 111 130 149 250 118 140 162
(c) All of the requirements in subsections (a) and (b) shall apply to the storage of waste tires unless, for any particular requirement, the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for the prevention of fire and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit.
(d) Surface water drainage shall be directed around and away from the waste tire storage area.
(e) Waste tires at existing waste tire facilities shall not be stored on surfaces with grades that will interfere with fire fighting equipment or personnel unless mitigation measures have been approved in writing by the local fire authority, or a fire safety engineer registered by the State of California. Measures established by a fire safety engineer shall be subject to approval by the local fire authority.
(f) New waste tire facilities shall not:
(1) Be sited in any area where they may be subjected to immersion in water during a 100-year storm unless the operator demonstrates to the Board that the facility will be designed and operated so as to prevent waste tires from migrating off-site; or
(2) Be located on sites with grades or other physical features that will interfere with fire fighting equipment or personnel.
(g) Tires must be removed from rims immediately upon arrival at the facility.
(h) The site shall be designed and constructed to provide protection to bodies of water from runoff of pyrolytic oil resulting from a potential tire fire.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17355. Disposal of Waste Tires at Solid Waste Facilities.
(a) Waste tires may not be landfilled in a solid waste disposal facility which is permitted pursuant to Chapter 3 of Part 4 of the Public Resources Code, commencing with section 44001, unless they are permanently reduced in volume prior to disposal by shredding, or other methods subject to the EA approval and Board approval.
(b) The requirement of subsection (a) shall not apply to waste tires received which are commingled with municipal solid waste that arrive in loads, where the waste tires comprise less than one-half of one (0.5) percent by weight of the total load, or where the waste tires inadvertently arrive in homeowner delivered household loads of mixed waste and are not readily removable from the waste stream; or
(c) All waste tires stored at a solid waste facility shall meet the requirements of this Article.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17356. Indoor Storage.
Waste tires stored indoors must be stored under conditions that meet or exceed those in "The Standard for Storage of Rubber Tires", National Fire Protection Association, NFPA 231D-1989 edition, published by the National Fire Protection Association, which is incorporated by reference. This requirement shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code.
s 17360. Authority and Scope.
(a) This Article sets forth permitting requirements and minimum operating standards for operations that handle only nonhazardous petroleum contaminated soil, as specified. This Article is not applicable to Class II or III landfills that handle other waste types in addition to contaminated soil.
(b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act.
(c) This Article implements those provisions of the Act relating to the handling of nonhazardous petroleum contaminated soil. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer.
(d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards and air quality management districts or air pollution control districts, local land use authorities, and fire authorities.
(e) Nothing in this Article is intended to require the owner or operator of a contaminated soil transfer/processing operation or disposal facility to comply with the Enforcement Agency Notification requirements or to obtain a tiered solid waste facilities permit pursuant to this Article if that owner or operator already has a valid full solid waste facilities permit pursuant to section 44001 of the Public Resources Code.
(f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after effective date.
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code.
s 17361. Definitions.
For thepurposes of this Article: (continued)