Cal. PRC § 42961.5 — California Code / Code prc / Division 30 / Part 3 / Chapter 19 / Article 3 / Section 42961.5
Section 42961.5
Status: in_force

(a) For purposes of this chapter, the following definitions shall apply:

(1) “California Uniform Waste and Used Tire Manifest” or “manifest” means a shipping record that contains all of the information required by the department, 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 or reached its destination, and the origin and intended final destination of the shipment, in a format approved or required by the department.

(2) “Waste and used tire hauler” means any person required to be registered with the department pursuant to subdivision (a) of Section 42951.

(b) Any waste and used tire hauler transporting waste or used tires for offsite handling, altering, storage, or disposal, or for any combination thereof, shall complete a California Uniform Waste and Used Tire Manifest, in a manner approved or required by the department.

(c) (1) Any waste and used tire hauler shall have the California Uniform Waste and Used Tire Manifest readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The manifest shall be shown upon demand to any representative of the department, 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 department.

(2) For each load of waste and used tires transferred, a waste and used tire hauler shall provide the completed manifest or the completed manifest information in a format approved by the department to the operator of the waste or used tire facility from which the waste and used tire hauler is receiving or transferring waste or used tires, or to which the waste and used tire hauler is transferring waste or used tires, at the time of transfer.

(3) Each waste and used tire hauler shall maintain a copy of each completed manifest or the completed manifest information in a manner approved or required by the department for a period of time required by the department, and shall submit to the department a legible copy of each manifest or the manifest information, in a format required by the department, including, but not limited to, an electronic format, within a set time period required by the department. The manifest or manifest information submitted to the department shall contain the signed acknowledgment of the waste tire facility from or to which waste or used tires were transferred.

(d) (1) Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall maintain copies of the manifest or manifest information in a format authorized or required by the department, and any other information the department deems necessary to track the flow of waste and used tires through the state, for each load of waste or used tires transferred or received, and make the manifest copies or manifest information available for review at the department’s request. The copy submitted to the department shall contain the approval of each transporter and the facility operator.

(2) Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall check that the information on the manifest or in the manifest information recorded by the waste and used tire hauler is correct at the time of transfer in a manner required by the department.

(e) The department shall develop and implement a system for auditing manifests submitted to the department pursuant to this section, for the purpose of enforcing this section. The department 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) The department may require 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 to record, maintain, and submit the required manifest information in an electronic format, in lieu of maintaining and submitting a paper copy of the manifest. The electronic record shall include all information required to be on the California Uniform Waste and Used Tire Manifest, and any other information required by the department.

(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 schedule determined by the department.