reglab/statecodes huggingface dataset:
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 3 - Major Waste Tire Facility Permits › Section 42823.5.

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.
(Amended by Stats. 1996, Ch. 1041, Sec. 12. Effective January 1, 1997.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 3 - Major Waste Tire Facility Permits › Section 42824.

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.
(Amended by Stats. 1992, Ch. 1293, Sec. 15. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 3 - Major Waste Tire Facility Permits › Section 42825.

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.
(Amended by Stats. 1998, Ch. 1019, Sec. 1.5. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42830.

42830. (a) On or before December 1, 1991, the board, in consultation with the State Fire Marshal and the State Department of Health Services, shall adopt emergency regulations setting forth the procedures and requirements necessary to obtain a minor waste tire facility permit.
(b) Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility which is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42831.

42831. The board may exempt either of the following from the permit requirements of this article:
(a) An owner or operator of a tire retreading business for the business site if not more than 3,000 waste tires are kept on the business premises.
(b) A person using waste tires for agricultural purposes if the waste tires are kept on the site of use.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42832.

42832. The regulations for minor waste tire facility permits shall include, but not be limited to, all of the following:
(a) Fire prevention measures.
(b) Vector control measures.
(c) Other measures determined by the board to be necessary to protect the public health and safety.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42833.

42833. The board shall issue minor waste tire facility permits pursuant to the regulations upon application therefor.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42834.

42834. On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire facility unless the operator has obtained a minor waste tire facility permit.
(Amended by Stats. 1992, Ch. 1293, Sec. 16. Effective January 1, 1993.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 4 - Minor Waste Tire Facility Permits › Section 42835.

42835. (a) Any person who accepts waste tires at a minor 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 minor 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 five hundred dollars ($500) or more than five thousand dollars ($5,000) 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 minor waste tire facility, or knowingly directed or transported waste tires to a minor 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.
(Amended by Stats. 2002, Ch. 625, Sec. 13. Effective September 17, 2002.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42840.

42840. A waste tire facility permit issued pursuant to this chapter is valid for five years unless suspended or revoked. The permit shall be renewed prior to the expiration thereof.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42841.

42841. (a) In addition to the authority specified in Section 42843, the department may reject a waste tire facility permit application if, at the time the application is submitted to the department, the department finds the operator of the waste tire facility has exceeded the amount of waste tires allowed onsite pursuant to Section 42808.
(b) If the department rejects an application pursuant to this section, the department may prohibit the operator of the waste tire facility from reapplying for a waste tire facility at the same location for one year, or a lesser amount of time, from the date of the application.
(Repealed and added by Stats. 2012, Ch. 534, Sec. 2. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42843.

42843. (a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal service or certified mail, in accordance with Section 42852, if the applicant for, or holder of, the permit, does any of the following:
(1) The applicant misrepresents or fails to disclose material factual information in its application.
(2) The operator of the waste tire facility, at any time during the previous three years, fails to comply with an order regarding compliance subsequent to receiving a notice of violation, for any of the following:
(A) A violation of this chapter or the regulations adopted pursuant to this chapter.
(B) A violation of Chapter 19 (commencing with Section 42950) or the regulations adopted pursuant to that chapter.
(C) The terms or conditions of the operator’s waste tire facility permit.
(b) If the department determines that a violation specified in paragraph (2) of subdivision (a) demonstrates a chronic, recurring pattern of noncompliance that poses, or may pose, a significant risk to public health and safety or the environment, or if the violation has not been corrected or reasonable progress toward correction has not been achieved, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of not more than five years.
(c) If the department determines that a violation specified in paragraph (2) of subdivision (a) has resulted in significant harm to human health or the environment, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of five years or longer.
(d) The department shall notify the applicant for, or the holder of, the permit of the revocation, suspension, or denial of the permit and the effective date of the revocation, suspension, or denial. A revocation or suspension issued pursuant to this section shall remain in effect until the hearing is completed and the director issues a decision.
(e) Upon receipt by the department of a notice of defense to the statement of issues from the applicant for, or the holder of, the permit, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 90 days of the scheduling date, unless a later date is agreed to by both the department and the applicant for, or the holder of, the permit.
(f) After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting forth the issuance, suspension, revocation, or denial of the permit. If the decision is not issued within this period, the revocation or suspension shall be of no further effect.
(Amended by Stats. 2012, Ch. 534, Sec. 3. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42844.

42844. (a) The department may immediately suspend any permit issued pursuant to this chapter if the department determines that the action is necessary to prevent or mitigate an imminent or substantial endangerment to the public health or safety or the environment.
(b) The department shall notify the holder of the permit of the temporary suspension and the effective date thereof and, at the same time, shall serve the person with an accusation.
(c) Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice.
(d) The suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the suspension shall be of no further effect.
(Amended by Stats. 2012, Ch. 534, Sec. 4. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42846.

42846. (a) The board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in Section 42845 which in its judgment is required by the magnitude of endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to the public health or safety. The action may be taken in default of, or in addition to, remedial work by the violator or other persons, and regardless of whether injunctive relief is being sought.
(b) The board may perform the work itself, or by or in cooperation with any other governmental agency, and may use rented tools or equipment, either with operators furnished or unoperated. Notwithstanding any other provisions of law, the board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to Section 10295 of the Public Contract Code.
(Amended by Stats. 1991, Ch. 717, Sec. 25.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42846.5.

42846.5. If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter onto the property and perform all necessary cleanup, abatement, or remedial work as authorized under Section 42846, the board or its contractors shall be permitted reasonable access to the property to perform that activity if an order setting civil liability has been issued or obtained pursuant to Article 6 (commencing with Section 42850) by the board, or by its designee pursuant to subdivision (c) of Section 42850, against the property owner, and the board finds that there is a significant threat to public health or the environment.
(Added by Stats. 1999, Ch. 292, Sec. 1. Effective January 1, 2000.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42847.

42847. If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who unlawfully stored, stockpiled, or accumulated the waste tires or who unlawfully permitted the storage, stockpile, or accumulation of waste tires or who threatened to cause or permit the unlawful storage, stockpile, or accumulation of waste tires shall be liable to that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects thereof, or taking other remedial actions. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the board to the extent of the latter’s contribution to the cleanup costs from available funds. The board shall seek recovery of its costs if that recovery is feasible.
(Amended by Stats. 1997, Ch. 875, Sec. 1. Effective January 1, 1998.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42847.5.

42847.5. (a) Any costs or damages incurred by the department under this article constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The lien shall attach regardless of whether the responsible party is insolvent. A lien imposed under this section shall arise at the time costs are first incurred by the department with respect to a remedial action at the site.
(b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law. Prior to imposing the lien, the department shall send the property owner via certified mail a “Notice of Intent to Place A Lien” letter. This letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the lien either in writing or through an informal proceeding before a neutral official. This neutral official shall be the director or his or her designee, who may not have had any prior involvement with the site. The issue before the neutral official shall be whether the department has a reasonable basis for its determination that the statutory elements for lien placement under this section are satisfied. During this proceeding the property owner may present information or submit documents, or both, to establish that the department should not place a lien as proposed. The neutral official shall ensure that a record of the proceeding is made, and shall issue a written decision. The decision shall state whether the property owner has established any issue of fact or law to alter the department’s intention to file a lien, and the basis for the decision.
(c) The department may not be considered a responsible party for a remediated site merely because a lien is imposed under this section.
(d) A lien imposed under this section shall continue until the liability for the costs or damages incurred under this article, or a judgment against the responsible party, is satisfied. However, if it is determined by a court that the judgment against the responsible party will not be satisfied, the department may exercise its rights under the lien.
(e) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain a legal description of the real property that is subject to, or affected by, the remedial action, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll.
(f) All funds recovered under this section on behalf of the department’s waste tire stabilization and abatement program shall be deposited in the California Tire Recycling Management Fund established under Section 42885.
(Amended by Stats. 2012, Ch. 534, Sec. 6. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42848.

42848. If, despite reasonable efforts by the board to identify the person responsible for the unlawful storage, stockpiling, or accumulation of waste tires or the condition of pollution or nuisance, the person is not identified at the time cleanup, abatement, or remedial work must be performed, the board shall not be required to issue an order under this section.
(Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 5 - Renewal, Suspension, or Revocation › Section 42849.

42849. (a) “Threaten” or “threat,” for purposes of this article, means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety.
(b) If the board finds either an imminent threat to public health, safety, or the environment, or a threat, as defined by subdivision (a), the board may conduct an emergency meeting to determine the legal, enforcement, cleanup, or other necessary actions that may be taken to correct that imminent threat or threat. Such a finding by the board shall be deemed to be an “emergency situation” for purposes of, and in addition to the situations described in, Section 11125.5 of the Government Code.
(Amended by Stats. 2000, Ch. 838, Sec. 15. Effective January 1, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42850.

42850. (a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(b) Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to this article.
(c) Upon request of a city, county, or city and county, that city, county, or city and county may be designated, in writing, by the board, to exercise the enforcement authority granted to the board under this chapter. Any city, county, or city and county so designated shall follow the same procedures set forth for the board under this article. This designation shall not limit the authority of the board to take action it deems necessary or proper to ensure to enforcement of this chapter.
(Amended by Stats. 1998, Ch. 1019, Sec. 3.5. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42850.1.

42850.1. (a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, shall, upon conviction, be punished by a fine not to exceed 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) (1) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty not to exceed ten thousand dollars ($10,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues.
(2) Liability under this subdivision may be imposed in a civil action or may be imposed administratively pursuant to this article.
(Added by Stats. 1998, Ch. 299, Sec. 4. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42851.

42851. (a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter. The accusation shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The accusation shall be served by personal service or certified mail and shall inform the party of the right to a hearing.
(b) Upon receipt by the department of a notice of defense to the accusation, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 60 days of the scheduling date, unless the party waives the right to a hearing.
(c) If the party waives the right to a hearing, the department shall issue an order setting liability in the amount proposed in the accusation unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. If the party has waived the right to a hearing or if the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency.
(d) After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting the amount of civil penalty to be imposed, if any.
(Amended by Stats. 2012, Ch. 534, Sec. 7. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42852.

42852. (a) A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, but the department may initially file a hearing pursuant to, or convert a hearing to be conducted pursuant to, the formal hearing requirements specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. In making a decision regarding a denial, revocation, suspension, or penalty, the director shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the proposed civil penalty, and the prophylactic effect that imposition of the proposed penalty will have on both the violator and on the regulated community as a whole.
(b) For a period of up to one year, following the issuance of a final decision by either the director or an administrative law judge, if the hearing is converted to a formal hearing, that is based on a finding of a violation of this chapter or of any regulation adopted pursuant to this chapter, the department shall perform inspections at the location of the violation that are in addition to those inspections otherwise required by this chapter or by any regulations adopted pursuant to this chapter, at a frequency determined by the department.
(c) The responding party shall reimburse the department for the cost of the additional inspections conducted pursuant to subdivision (b), including the cost of preparing for the inspection, traveling to and from the inspection, and writing up the inspection reports, at the same amounts that are determined annually and approved for enforcement agents to be charged by the department for purposes of the enforcement of this chapter.
(Amended by Stats. 2012, Ch. 534, Sec. 8. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42853.

42853. Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance, unless otherwise ordered by the director. Copies of these orders shall be served by personal service or by certified mail upon the party served with the accusation and upon other persons who appeared at the hearing and requested a copy.
(Amended by Stats. 2012, Ch. 534, Sec. 9. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42854.

42854. (a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the reasonableness or validity of a decision or order of the director in a judicial proceeding brought to enforce the decision or order or for other remedies.
(b) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure governs any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record.
(c) The filing of a petition for writ of mandate does not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter.
(d) This section does not prohibit the court from granting any appropriate relief within its jurisdiction.
(Amended by Stats. 2012, Ch. 534, Sec. 10. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 16 - Waste Tires › ARTICLE 6 - Administrative Enforcement › Section 42855.

42855. All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the attorney who brought the action represented the board, or shall be retained by a city, county, or city and county designated pursuant to subdivision (c) of Section 42850, if the attorney who brought the action represents the city, county, or city and county. The moneys retained by the city, county, or city and county shall be expended on enforcement and cleanup required under this chapter, including, but not limited to, the prosecution of enforcement actions.
(Amended by Stats. 1998, Ch. 1019, Sec. 4. Effective January 1, 1999.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 1 - Findings › Section 42860.

42860. This chapter shall be known and may be cited as the California Tire Recycling Act.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 1 - Findings › Section 42861.

42861. The Legislature finds and declares the following:
(a) The problem posed by used tire storage and disposal requires a comprehensive, statewide response, including, but not limited to, reducing landfill disposal of used whole tires, recycling of tires into secondary uses, source material development and promotion of secondary markets for used tire byproducts, tire shredding, and energy recovery.
(b) California is currently faced with an existing used tire inventory of at least 100 million tires, an amount which grows by over 20 million tires per year. Without a dedication of resources to address the state’s growing tire population, the health and safety of all Californians will be increasingly at risk.
(c) There are currently no dedicated resources for the recycling of used tires, or a comprehensive tire shredding program. Therefore, the levying of a fee on the disposal of used whole tires in the state is needed to support tire recycling activities.
(d) Used tires represent a valuable state resource which should be reclaimed and recycled whenever possible. An abundance of tire recycling alternatives exist which have been demonstrated to be environmentally safe. These alternatives need to be promoted in order to achieve the maximum use of used tires.
(e) Shredding of used tires represents a preferable alternative to whole tire storage or disposal. Given the rapidly decreasing amount of landfill space available to local jurisdictions, shredding represents a positive way of storing tires until a secondary use can be developed.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 2 - Storage at Landfills › Section 42865.

42865. (a) It is the policy of the state that until a state tire recycling program is fully underway and operational, the shredding of used tires shall be encouraged.
(b) For the purposes of this act, a “tire” refers to any vehicle tire whose major component is rubber, and its component parts. “Shredding” includes both mechanical and cryogenic shredding which reduces tires to a size of less than four inches in width.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 2 - Storage at Landfills › Section 42867.

42867. Except as otherwise determined by the board, only landfills authorized in this article shall be eligible for financial assistance in the shredding of tires pursuant to Article 3 (commencing with Section 42870).
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42870.

42870. It is the intent of the Legislature:
(a) To reduce the landfill disposal and stockpiling of used whole tires by 25 percent within four years of full implementation of a statewide tire recycling program and to recycle and reclaim used tires and used tire components to the greatest extent possible in order to recover valuable natural resources.
(b) To eliminate illegal dumping and unnecessary stockpiling of used tires.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42871.

42871. The board shall administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires.
(Amended by Stats. 2001, Ch. 745, Sec. 192. Effective October 12, 2001.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42872.

42872. The tire recycling program may include, but is not limited to, the following:
(a) The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires.
(b) The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires.
(c) The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state.
(d) The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling.
(e) Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires.
(f) The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts.
(g) Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products.
(Amended by Stats. 2012, Ch. 534, Sec. 11. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42872.6.

42872.6. (a) (1) When awarding grants pursuant to Section 42872 to cities, counties, and other local government agencies for public works projects that use tire-derived products, the department may, in addition to any other authorized use of those funds, award grants for public works projects that use tire-derived products, including recycled tire lumber, to create parklets, greenways, or both.
(2) If the department awards grants pursuant to this section, the department shall give priority to public works projects that use tire-derived products to create parklets, greenways, or both, in disadvantaged communities.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Disadvantaged community” means a community, as determined by the department, with an annual median household income that is less than 80 percent of the statewide median household income.
(2) “Greenway” means a travel corridor for pedestrians, bicycles, nonmotorized vehicle transportation, recreation, or a combination thereof, located along natural landscape features, such as an urban watercourse.
(3) “Parklet” means a small urban park intended for people and that provides amenities, including, but not limited to, seating, tables, bicycle racks, and landscaping.
(Added by Stats. 2014, Ch. 589, Sec. 1. (AB 1179) Effective January 1, 2015.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42873.

42873. (a) Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following:
(1) Polymer treatment.
(2) Rubber reclaiming and crumb rubber production.
(3) Retreading.
(4) Shredding.
(5) The manufacture of products made from used tires, including, but not limited to, all of the following:
(A) Rubberized asphalt, asphalt rubber, modified binders, and chip seals.
(B) Playground equipment.
(C) Crash barriers.
(D) Erosion control materials.
(E) Nonslip floor and track surfacing.
(F) Oilspill recovery equipment.
(G) Roofing adhesives.
(H) Tire-derived aggregate applications, including lightweight fill and vibration mitigation.
(I) Molded products.
(J) Products using recycling rubber and other materials, such as plastic.
(K) Paint and coatings.
(6) Other environmentally safe applications or treatments determined to be appropriate by the board.
(b) (1) The board may not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization.
(2) Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires.
(Amended by Stats. 2012, Ch. 534, Sec. 12. (AB 1647) Effective January 1, 2013.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42874.

42874. The board shall evaluate applications for loans or grants under this article based upon, but not limited to, the following factors in the proposal:
(a) The quantity of used tires that will be diverted from landfills.
(b) The estimated cost per tire in the recycling, processing, or conversion process.
(c) The availability of markets for the recycled tire product.
(d) The degree to which the processing program mitigates or avoids adverse environmental effects.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 3 - Tire Recycling › Section 42875.

42875. The board may also consider the following factors in awarding grant or loan applications:
(a) The ability of the proposed processing program to integrate with existing or proposed solid waste management activities.
(b) Financial support for implementation and operation of the proposed processing program from sources other than loans and grants from the board.
(c) The degree to which the technical approach of the proposal makes the loan and grant program financially self-sufficient.
(d) The degree to which the program can be measured or evaluated for success.
(e) The probability that the processing program can be implemented and operated with the funds applied for and the amount of funds sought.
(f) The time that the land or property on which the proposed processing facility is available to the applicant. No proposal shall be considered for a loan or grant unless the property or facility is available for at least five years.
(g) The business plan for operation of the facility.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 4 - Administration › Section 42880.

42880. The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 4 - Administration › Section 42881.

42881. (a) In addition to any regulations which the board is required by statute to adopt, the board may adopt any rules or regulations which the board determines may be necessary or useful to carry out this chapter or any of the board’s duties or responsibilities imposed pursuant to this chapter.
(b) The board may prepare, publish, or issue printed materials which the board determines to be necessary for the dissemination of information concerning the activities of the board pursuant to this chapter.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 4 - Administration › Section 42882.

42882. In carrying out this chapter, the board may solicit and use any and all expertise available in other state agencies, including, but not limited to, the State Board of Equalization, and, where an existing state agency performs functions of a similar nature to the board’s functions, the board may contract with, or cooperate with that agency in carrying out this chapter. If the board contracts with the State Board of Equalization to collect the fee imposed in Section 42885, the State Board of Equalization may collect that fee pursuant to the Fee Collection Procedures Law (Part 30 (commencing with Section 55001) of Division 2 of the Revenue and Taxation Code).
(Amended by Stats. 1995, Ch. 555, Sec. 2. Effective January 1, 1996.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 4 - Administration › Section 42883.

42883. The recipient of a grant, subsidy, or loan pursuant to Article 3 (commencing with Section 42870) shall, on or before January 1 of each year, submit a report to the board containing information required by the board, including, but not limited to, the number of used whole tires recycled, which is necessary to measure the success of the recipient’s program in reducing the number of tires disposed of in landfills or stockpiled.
(Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 5 - Financial Provisions › Section 42885.7.

42885.7. (a) To the extent feasible, the department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California, Mexico, and the nearby State of Sonora, Mexico.
(b) To the extent feasible, the department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, Mexico, including, but not limited to, exports of wrecked vehicles for auto dismantlers.
(Added by Stats. 2022, Ch. 542, Sec. 1. (SB 1181) Effective January 1, 2023.)
2023 California Code › Public Resources Code - PRC › DIVISION 30 - WASTE MANAGEMENT › PART 3 - STATE PROGRAMS › CHAPTER 17 - California Tire Recycling Act › ARTICLE 5 - Financial Provisions › Section 42886.

42886. The fees remitted pursuant to Section 42885 are due and payable quarterly on or before the 15th day of the month following each calendar quarter.
(Amended by Stats. 2001, Ch. 251, Sec. 2. Effective January 1, 2002.)