California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 6 - Permitting of Waste Tire Facilities and Waste Tire Hauler Registration and Tire Manifests › Article 8.5 - Waste Tire Hauler Registration and Manifesting Requirements for Waste and Used Tire Haulers, Retreaders, Waste and Used Tire Generators, and Waste and Used Tire End-Use Facilities › Section 18451 - Applicability of these Regulations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Waste tire haulers, retreaders, waste
				  tire generators, and end-use facilities shall comply with these regulations,
				  unless exempted by Section
				  42954
				  of the Public Resources Code and applicable procedures set forth in Sections
				  18452.1-18453.2.
(b) The return of new tire adjustments to the
				  wholesale distributor or manufacturer under "warranty consideration" is not
				  considered used or waste tire hauling for the purposes, implementation, and
				  enforcement of this Article. The person transporting the tires must have in the
				  vehicle, documentation substantiating that the tires are being returned for
				  "warranty consideration." Lack of documentation or false information will
				  subject the transporter to enforcement and penalties under this
				  Article.
(c) "Tire Derived Product"
				  being transported from the processing facility to the end-use facility is not
				  considered used or waste tire hauling for the purposes, implementation, and
				  enforcement of this Chapter. The hauler shall have a copy of the letter issued
				  by the Department to the processing facility stating that the material is "Tire
				  Derived Product" and a bill of lading accompanying the load. The letter and
				  bill of lading shall be carried in the vehicle while transporting the "Tire
				  Derived Product" from the processing facility to the end-use facility. Lack of
				  documentation or false information will subject the transporter to enforcement
				  and penalties under this Chapter.
(d) New tires, pneumatic or solid, that have
				  never been driven on by any vehicle, discarded tires from electric wheelchairs,
				  and solid plastic forklift tires are not considered used or waste tires under
				  this Chapter. All other used or waste tires including those from aircraft,
				  motorcycles, and heavy equipment tires are subject to the requirements of this
				  Chapter.
(e) The "beneficial use
				  hauling of used or waste tires" is defined as using the used or waste tires as
				  bumpers or cushions to stabilize or protect the goods or materials being
				  transported; or where the used or waste tires are used as bumpers or cushions
				  during the normal course of hauling. Beneficial use hauling shall not be
				  considered used and waste tire hauling for the purposes of this
				  Article.
1. New
					 section filed 1-18-95 as an emergency; operative 1-18-95 (Register 95, No. 3).
					 A Certificate of Compliance must be transmitted to OAL by 5-17-95 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-18-95 as an emergency; operative
					 5-18-95 (Register 95, No. 20). A Certificate of Compliance must be transmitted
					 to OAL by 9-15-95 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 8-21-95 as an emergency;
					 operative 8-21-95 (Register 95, No. 34). A Certificate of Compliance must be
					 transmitted to OAL by 12-19-95 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 11-28-95 as an emergency; operative 11-28-95 (Register 95, No. 48). A
					 Certificate of Compliance must be transmitted to OAL by 3-27-96 or emergency
					 language will be repealed by operation of law on the following
					 day.
5. Certificate of Compliance as to 1-18-95 order including
					 amendment of section heading and section transmitted to OAL 3-29-96 and filed
					 5-9-96 (Register 96, No. 19).
6. New subsections (b)-(b)(6) filed
					 9-10-96; operative 9-10-96 pursuant to Government Code section
					 11343.4(d)
					 (Register 96, No. 37).
7. Amendment of section heading and section
					 filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8.
					 Amendment of subsection (a) filed 8-23-2004 as an emergency; operative
					 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be
					 transmitted to OAL by 12-21-2004 or emergency language will be repealed by
					 operation of law on the following day.
9. Amendment of subsection
					 (a) refiled 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004,
					 No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or
					 emergency language will be repealed by operation of law on the following
					 day.
10. Reinstatement of section as it existed prior to 12-22-2004
					 emergency amendment by operation of Government Code section
					 11346.1(f)
					 (Register 2005, No. 17).
11. Amendment of subsection (a) filed
					 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A
					 Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency
					 language will be repealed by operation of law on the following
					 day.
12. Amendment of subsection (a) filed 6-13-2005 as an
					 emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of
					 Compliance must be transmitted to OAL by 10-11-2005 or emergency language will
					 be repealed by operation of law on the following day.
13.
					 Certificate of Compliance as to 4-25-2005 order transmitted to OAL 8-11-2005
					 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of
					 subsection (a) refiled 10-12-2005 as an emergency; operative 10-12-2005
					 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL
					 by 2-9-2006 or emergency language will be repealed by operation of law on the
					 following day.
15. Amendment of subsection (a) refiled 2-9-2006 as
					 an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of
					 Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be
					 repealed by operation of law on the following day.
16. Certificate
					 of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed
					 7-19-2006 (Register 2006, No. 29).
17. Amendment filed 3-29-2010;
					 operative 4-28-2010 (Register 2010, No. 14).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42951,
						42952,
						42953
						and
						42954,
						Public Resources Code.