SECTIONS 42820-42825 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42820-42825

42820. (a) The board, in consultation with the Office of
Environmental Health Hazard Assessment, shall adopt regulations
setting forth the procedures and requirements necessary to obtain a
major waste tire facility permit. The regulations adopted pursuant to
this subdivision shall not be limited to, but shall include by
reference, the regulations adopted by the State Fire Marshal pursuant
to subdivision (b).
(b) The State Fire Marshal, in consultation with the board, shall
adopt fire prevention regulations for a major waste tire facility.
(c) Regulations adopted pursuant to subdivision (a) shall not
require the issuance of a separate permit to a solid waste disposal
facility that is permitted pursuant to Chapter 3 (commencing with
Section 44001) of Part 4.

42821. The regulations for a major waste tire facility permit shall
include, but not be limited to, all of the following:
(a) Requirements for submission of a detailed operations plan that
contains the following components:
(1) Fire prevention measures consistent with applicable
regulations adopted by the State Fire Marshal pursuant to subdivision
(b) of Section 42820.
(2) Fencing and other security measures.
(3) Vector control measures.
(4) Limits on the size and height of tire piles.
(5) A closure plan.
(b) Requirements for submission of a detailed plan and
implementation schedule for the elimination or substantial reduction
of existing tire piles using any of the following methods or
techniques:
(1) Polymer treatment.
(2) Rubber reclaiming and crumb rubber production.
(3) Pyrolysis.
(4) Production of supplemental fuels for cement kilns, lumber
operations, or other industrial processes.
(5) Tire shredding and transportation to an authorized solid waste
landfill.
(6) Energy recovery through incineration of whole or shredded
tires in accordance with the terms and conditions of a permit issued
by an air pollution control district or air quality management
district.
(7) Other applications determined to be appropriate by the board.
(c) Requirements for the submission of evidence of financial
assurances secured by the operator of the facility that are adequate
to cover damage claims arising out of the operation of the facility
and that are adequate to cover the cost of closure if that becomes
necessary. The financial assurance shall be a trust fund, surety
bond, letter of credit, insurance, or other equivalent financial
arrangement acceptable to the board.

42822. The board shall issue major waste tire facility permits
pursuant to the regulations upon application therefor.

42823. Except as provided in Section 42823.5, no person shall
establish a new major waste tire facility or expand an existing minor
waste tire facility unless the person has obtained a major waste
tire facility permit issued by the board pursuant to Section 42822.

42823.5. (a) A cement manufacturing plant shall be exempt from the
requirement to obtain a permit pursuant to Section 42823 if the
operator of the cement manufacturing plant meets both of the
following requirements:
(1) The owner or operator of the cement manufacturing plant stores
not more than a one-month supply of waste tires at the site of the
cement manufacturing plant at any time. A one-month supply of waste
tires shall be based on either of the following:
(A) The average monthly consumption of waste tires by the plant
during the previous year.
(B) The waste tire percentage of the total fuel supply allowed by
the air pollution control district or air quality management
district, multiplied by the average monthly consumption of fuel for
the previous year.
(2) The operator or owner of the cement manufacturing plant is in
compliance with any regulations adopted by the board pertaining to
waste tire storage and disposal.
(b) To apply for the exemption provided by this section, the
operator or owner of a cement manufacturing plant shall provide all
of the following information to the board in writing:
(1) The name, address, and physical location of the plant.
(2) The name, address, and telephone number of the plant operator
and owner.
(3) Information describing compliance with subdivision (a).
(4) Signatures of the operator and owner of the plant certifying
to the accuracy of the information provided.
(c) If there is any change to the information provided pursuant to
subdivision (b), the operator or owner of the cement manufacturing
plant shall report the change to the board, in writing, within 30
days from the date of the change.
(d) Within 60 days from the date of the receipt of the information
required by subdivision (b), the board shall determine whether the
operator or owner of a cement manufacturing plant qualifies for the
exemption provided by this section and shall notify the operator or
owner of the plant of its determination in writing.
(e) The board or the local enforcement agency may inspect a cement
manufacturing plant that receives the exemption provided by this
section to determine compliance with this section.
(f) Any operator or owner of a cement manufacturing plant who
receives an exemption pursuant to this section shall allow the board,
upon presentation of the proper credentials, to enter the cement
manufacturing plant during normal working hours to examine and copy
books, papers, records, or memoranda pertaining to the use and
storage of waste tires, and to conduct inspections and investigations
pertaining to waste tire use and storage.

42824. On and after September 1, 1994, it is unlawful to direct or
transport waste tires to a major waste tire facility or to accept
waste tires at a major waste tire facility unless the operator has
obtained a major waste tire facility permit.

42825. (a) Any person who accepts waste tires at a major waste tire
facility that has not been issued a permit or an authorization to
operate from the board, or who knowingly directs, transports, or
abandons waste tires to or at a major waste tire facility that has
not been issued a permit or an authorization to operate from the
board shall, upon conviction, be punished by a fine of not less than
one thousand dollars ($1,000) or more than ten thousand dollars
($10,000) for each day of violation, by imprisonment in the county
jail for not more than one year, or by both that fine and
imprisonment.
(b) For purposes of subdivision (a), "each day of violation" means
each day on which a violation continues. In any case where a person
has accepted waste tires at a major waste tire facility, or knowingly
directed or transported waste tires to a major waste tire facility,
that has not been issued a permit, in violation of subdivision (a),
each day that the waste tires remain at the facility and the person
has knowledge thereof is a separate additional violation, unless the
person has filed a report with the board disclosing the violation and
is in compliance with any order regarding the waste tires issued by
the board, a hearing officer, or a court of competent jurisdiction.