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 18456.1 - Waste Tire Hauler Surety Bond Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The initial application shall be
				  accompanied by an original surety bond in the amount of $10,000 on behalf of
				  the business owner in favor of the State of California ("surety bond"). The
				  surety bond shall be completed by the insurance agent or bonding agent on form
				  CIWMB 61. The surety bond shall be issued in the business name of the business
				  owner as it appears on the application for registration as a waste tire hauler.
				  The surety bond must be signed by a representative of the applicant.
(b) The surety bond shall remain in full
				  force and effect during all registration periods. Failure to maintain an
				  adequate bond pursuant to Public Resources Code Section
				  42955(d),
				  shall result in automatic cancellation of the waste tire hauler registration.
				  The cancelled registration may be reinstated by the Department when a new
				  surety bond is posted.
(c) The
				  surety company shall be licensed by the California Department of Insurance to
				  transact the business of surety bonding in the State of California as an
				  admitted insurance carrier.
(d) If
				  coverage is not available as specified in Subsection (c) above, the waste tire
				  hauler may seek coverage by a surety which, at a minimum, shall be eligible to
				  provide surety bonds as an excess or surplus lines surety in
				  California.
(e) If coverage is
				  obtained as described in Subsection (d), the surety shall be transacted by and
				  through a surplus line broker currently licensed under the regulations of the
				  California Department of Insurance and upon the terms and conditions prescribed
				  in the California Insurance Code (CIC), Division 1, Part 2, Chapter
				  6.
(f) The Department or its
				  designee may reasonably object to the use of any surety at anytime, whether
				  before or after placement of coverage based on information obtained from, but
				  not limited to, the Surplus Line Association of California, Best's Insurance
				  Reports, and/or the Non-Admitted Insurers Quarterly List.
(g) The surety company shall become liable
				  under the terms of the bond if the Department determines that the waste tire
				  hauler has failed to comply with the provisions of Public Resources Code
				  Section
				  42950
				  et. seq. or these regulations. The registered waste tire hauler is jointly and
				  severally liable for the bond amount and any penalties, clean-up costs, or
				  judgments resulting from hauling activities in violation of the Public
				  Resources Code that exceed the bond amount.
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
					 repealer and new section heading, movement of former section text to section
					 18456(a),
					 renumbering and amendment of former section
					 18456.2(b) and
					 (c) to section
					 18456.1 (a) and
					 (b), renumbering and amendment of former
					 section 18456.4 (a) through
					 (f) to section
					 18456.1 (c) through
					 (h) and amendment of NOTE transmitted to OAL
					 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed
					 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. 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,
						42955
						and
						42958,
						Public Resources Code.