SECTIONS 42951-42956 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42951-42956

42951. (a) Every person who engages in the transportation of waste
or used tires shall hold a valid waste and used tire hauler
registration, unless exempt as specified in Section 42954.
(b) A registered waste and used tire hauler shall only transport
waste or used tires to a facility that is permitted, excluded,
exempted, or otherwise authorized by the board, by statute, or by
regulation, to accept waste and used tires, or to a facility that
lawfully accepts waste or used tires for reuse or disposal.

42952. Except as provided in Section 42954, any person engaged in
transporting waste or used tires shall comply with all of the
following requirements:
(a) The person shall be registered as a waste and used tire hauler
with the board.
(b) The person shall not advertise or represent himself or herself
as being in the business of a waste and used tire hauler without
being registered as a waste and used tire hauler by the board.

42953. Any person who gives, contracts, or arranges with another
person to transport waste or used tires shall utilize only a person
holding a valid waste and used tire hauler registration from the
board, unless the hauler is exempt as specified in Section 42954.

42954. (a) A person who hauls waste or used tires is exempt from
registration under this chapter if at least one of the following
conditions is met:
(1) The person transports fewer than 10 waste or used tires at any
one time.
(2) The person is, or hauls used and waste tires in a vehicle
owned and operated by, the United States, the State of California, or
any county, city, town, or municipality in the state, except when
the vehicle the public agency owns or operates is used as a waste and
used tire carrier for hire.
(3) The waste or used tires were inadvertently mixed or commingled
with solid waste, and it is not economical or safe to remove or
recover them.
(4) The load containing the used or waste tires originated outside
the boundaries of the state and is destined for a point outside the
boundaries of the state, if no waste or used tires are loaded or
unloaded within the boundaries of the state.
(5) The person is hauling waste or used tires for agricultural
purposes. However, notwithstanding Section 42961.5, a person hauling
waste or used tires for agricultural purposes shall carry a manifest
from the generator in the vehicle during transportation, which may be
destroyed after delivery.
(6) The waste or used tires were hauled by a common carrier who
transported something other than waste or used tires to an original
destination point and then transported waste or used tires on the
return part of the trip, and the revenue derived from the waste or
used tires is incidental when compared to the revenue earned by the
carrier.
(7) The person, who is not a waste tire generating business, is
transporting waste or used tires to an amnesty day event or to a
location that meets the conditions specified in subdivision (b) of
Section 42951, and has received written authorization, which includes
specific conditions and dates, from the local enforcement agency.
The local enforcement agency shall provide copies of any written
authorizations to the board within 30 days of their issuance.
(8) The person is transporting illegally dumped waste or used
tires to an amnesty day event or to a location that meets the
conditions specified in subdivision (b) of Section 42951, and has
received written authorization, which includes specific conditions
and dates and documentation that a police report has been filed for
the illegally dumped tires, from the local enforcement agency. The
local enforcement agency shall provide copies of any written
authorizations to the board within 30 days of their issuance.
(9) The person complies with any additional conditions for
exemption, as approved by the board.
(b) A person who transports tires to a location that does not meet
the conditions specified in subdivision (b) of Section 42951 shall
not be exempt pursuant to subdivision (a), except as specified in
paragraph (7) of subdivision (a).

42955. An application for a new or renewed waste and used tire
hauler registration shall be made on a form approved by the board.
The application shall include, but not be limited to, all of the
following:
(a) A vehicle description, vehicle identification number, vehicle
license number, and the name of the registered vehicle owner for each
vehicle used for transporting waste or used tires.
(b) The business name under which the hauler operates, and the
business owners' name, address, and telephone number.
(c) Other business names under which the hauler operates.
(d) A bond in favor of the State of California in the amount of
ten thousand dollars ($10,000). Proof of bond renewal shall be
submitted with the application for annual renewal of a waste and used
tire hauler registration.
(e) Any additional information required by the board.

42956. (a) Upon approval of an application submitted pursuant to
Section 42955, the board shall issue a waste and used tire hauler
registration to be carried in the vehicle and a waste and used tire
hauler decal to be permanently affixed to the lower right hand corner
of the windshield.
(b) Any person who operates a vehicle or who authorizes the
operation of a vehicle that transports 10 or more tires without a
valid and current waste and used tire hauler registration, as issued
by the board pursuant to Section 42955, shall be subject to the
enforcement actions specified in Article 4 (commencing with Section
42962).
(c) The waste and used tire hauler registration shall be presented
upon demand of an authorized representative of the board.