SECTIONS 42958-42961.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 42958-42961.5

42958. The initial waste and used tire hauler registration issued
pursuant to this chapter shall be valid from the date of issuance to
January 1 of the subsequent calendar year. Subsequent renewals shall
be valid for one calendar year. The registration shall be renewed
prior to its expiration.

42960. (a) The board may suspend, revoke, or deny a waste and used
tire hauler registration for a period of up to three years, by filing
an accusation in accordance with the procedures of Sections 11505 to
11519, inclusive, of the Government Code, if the holder of the
registration does any of the following:
(1) Commits more than three violations of, or fails to comply with
any requirements of, this chapter or Chapter 16 (commencing with
Section 42800), or the regulations adopted pursuant to those
provisions, within a one year period.
(2) Commits, aids, or abets any violation of this chapter or
Chapter 16 (commencing with Section 42800), or the regulations
adopted pursuant to those provisions, or permits an agent to do so,
and the board determines that the violation poses an immediate threat
of harm to public safety or to the environment.
(3) Commits, aids, or abets a failure to comply with this chapter
or Chapter 16 (commencing with Section 42800), or the regulations
adopted pursuant to those provisions, or permits an agent to do so,
and the board determines that the failure to comply shows a repeating
or recurring occurrence or that the failure to comply may pose a
threat to public health or safety or the environment.
(4) Commits any misrepresentation or omission of a significant
fact or other required information in the application for a waste and
used tire hauler registration or commits any misrepresentation or
omission of fact on any manifest more than three times in one year.
(b) The board may suspend, revoke, or deny a waste and used tire
hauler registration for a period of three years to five years, or may
suspend, revoke, or deny a waste and used tire hauler registration
permanently, in accordance with the procedures specified in
subdivision (a), under any of the following circumstances:
(1) The hauler's registration has been previously revoked or
denied for any violation specified in subdivision (a).
(2) The hauler has been previously fined pursuant to this chapter
or Chapter 16 (commencing with Section 42800).
(3) The board determines that the hauler's operations pose a
significant threat to public health and safety.

42961. If the board denies an application for registration, the
applicant may request a hearing by the board.

42961.5. (a) For purposes of this chapter, the following
definitions shall apply:
(1) "California Uniform Waste and Used Tire Manifest" means a
shipping document signed by a generator of waste or used tires, a
waste and used tire hauler, or the operator of a waste or used tire
facility or other destination that contains all of the information
required by the board, including, but not limited to, an accurate
measurement of the number of tires being shipped, the type or types
of the tires, the date the shipment originated, and the origin and
intended final destination of the shipment.
(2) "Waste and used tire hauler" means any person required to be
registered with the board pursuant to subdivision (a) of Section
42951.
(b) Any person generating waste or used tires that are transported
or submitted for transportation, for offsite handling, altering,
storage, disposal, or for any combination thereof, shall complete a
California Uniform Waste and Used Tire Manifest, as required by the
board. The generator shall provide the manifest to the waste and used
tire hauler at the time of transfer of the tires. Each generator
shall submit to the board, on a quarterly schedule, a legible copy of
each manifest. The copy submitted to the board shall contain the
signatures of the generator and the waste and used tire hauler.
(c) (1) Any waste and used tire hauler shall have the California
Uniform Waste and Used Tire Manifest in his or her possession while
transporting waste or used tires. The manifest 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.
(2) Any waste and used tire hauler hauling waste or used tires for
offsite handling, altering, storage, disposal, or any combination
thereof, shall complete the California Uniform Waste and Used Tire
Manifest as required by the board. The waste and used tire hauler
shall provide the manifest to the waste or used tire facility
operator who receives the waste or used tires for handling, altering,
storage, disposal, or any combination thereof. Each waste and used
tire hauler shall submit to the board, on a quarterly schedule, a
legible copy of each manifest. The copy submitted to the board shall
contain the signatures of the generator and the facility operator.
(d) Each waste or used tire facility operator that receives waste
or used tires for handling, altering, storage, disposal, or any
combination thereof, that was transported with a manifest pursuant to
this section, shall submit copies of each manifest provided by the
waste and used tire hauler to the board and the generator on a
quarterly schedule. The copy submitted to the board shall contain the
signatures of each generator, each transporter, and the facility
operator. If approved by the board, in lieu of submitting a copy of
each manifest used, a facility operator may submit an electronic
report to the board meeting the requirements of Section 42814.
(e) The board shall develop and implement a system for auditing
manifests submitted to the board pursuant to this section, for the
purpose of enforcing this section. The board or its agent shall
continuously conduct random sampling and matching of manifests
submitted by any person generating waste or used tires, hauling waste
or used tires, or operating waste or used tire facilities, to assure
compliance with this section.
(f) (1) If approved by the board, any waste and used tire
generator, waste and used tire hauler, or operator of a waste tire
facility that is subject to the manifest requirements of this
section, may submit an electronic report to the board, in lieu of
submitting the copy of the manifest required. The electronic report
shall include all information required to be on the California
Uniform Waste and Used Tire Manifest, and any other information
required by the board.
(2) A waste and used tire generator, waste and used tire hauler,
or operator of a waste tire facility that is subject to paragraph (1)
may submit the electronic reports to the board on a quarterly
schedule.