reglab/statecodes huggingface dataset:
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 18460.4 - What Are Legally Authorized Waste Tire Sites? [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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					 language will be repealed by operation of law on the following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					 to OAL by 9-15-95 or emergency language will be repealed by operation of law on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					 transmitted to OAL by 12-19-95 or emergency language will be repealed by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					 language will be repealed by operation of law on the following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 of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96,
					 No. 19).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42950,
						42951,
						42952,
						42953,
						42961.5
						and
						42962,
						Public Resources Code.
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 18461 - Manifest System Requirements for Waste Tire End-Use Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Waste Tire Manifest System requires specific actions on
					 the part of end-use facilities including, but not limited to, the
					 following.
(a) As provided in Section
				  18459.3(a), an
				  end-use facility shall retain a copy of the Manifest Form provided by the
				  registered hauler.
(1) If the end-use
				  facility is a port terminal, the registered waste tire hauler or exempt common
				  carrier shall leave the waste tire generator with a completed Manifest Form and
				  confirming freight transport documentation, which includes, but is not limited
				  to, bills of lading, sales receipts, and shipping invoices. For purposes of
				  this section, the waste tire generator shall be the person who originates the
				  shipment of waste or used tires to the port terminal. The completed Manifest
				  Form shall show the port terminal operator as the final
				  destination.
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 18461.1 - MY Site Accepts Waste Tires. What Shall I DO as the Operator of a Destination Facility if a Waste Tire Hauler Who is Not Registered with the Board and/or Has NO Manifest Delivers Waste Tires to MY Site? [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
					 renumbering of former section
					 18461.1 to section
					 18461(a) through
					 (c) transmitted to OAL 3-29-96 and filed
					 5-9-96 (Register 96, No. 19).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42950,
						42951,
						42952,
						42953,
						42961.5
						and
						42962,
						Public Resources Code.
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 18461.2 - How Can I Demonstrate that MY Facility is Authorized to Accept Waste Tires? [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
					 renumbering of former section
					 18461.2 to section
					 18461(d) through
					 (g) transmitted to OAL 3-29-96 and filed
					 5-9-96 (Register 96, No. 19).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42950,
						42951,
						42952,
						42953,
						42961.5
						and
						42962,
						Public Resources Code.
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 18462 - Manifest System Requirements for Waste Tire Generators

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A waste tire generator shall not give,
				  contract, or arrange with another person to transport waste or used tires
				  unless that person is a registered waste tire hauler or is exempt under Public
				  Resources Code Section
				  42954.
(b) As provided in Section
				  18459.3(a), a
				  waste tire generator shall retain a Department approved EDT form, completed CTL
				  Form, or freight transport documentation provided by the waste or used tire
				  hauler at their place of business for 3 years. For shipments to the port, the
				  waste tire generator shall also retain the confirming freight transport
				  documents at their place of business for three years.
(c) If waste or used tires are removed from
				  the generator's location by a registered waste tire hauler and a completed
				  Manifest Form is not provided, the generator shall complete a CalRecycle 204
				  (New 8/05) within 48 hours of the tire removal and submit the CalRecycle 204
				  (New 8/05) to the Department within 90 days.
(d) If waste or used tires are removed from a
				  generator location in a manner not requiring manifesting as described in this
				  Article, for each separate or commingled load of waste or used tires removed,
				  the generator shall document the removal method, number of tires removed, and
				  person employed to remove the waste or used tires from the generator location.
(1) The documentation described in subsection
				  (d) shall include, but not be limited to:
(A)
				  Bills of lading, receipts, and monthly billing statements between the generator
				  and the person employed to remove the waste or used tires, and the contact
				  information for that person, and
(B) Daily log entries prepared by the
				  generator detailing the accumulation and removal of waste or used tires, the
				  types of tires, and dates of removal.
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 18462.1 - Can I Give Tires to a Person Wanting to Haul MY Waste Tires but Who Doesn't Have a Registration or is Not Exempt from the Registration? [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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
					 renumbering of former section
					 18462.1 to section
					 18462(a) through
					 (b) transmitted to OAL 3-29-96 and filed
					 5-9-96 (Register 96, No. 19).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42950,
						42951,
						42952,
						42953,
						42961.5
						and
						42962,
						Public Resources Code.
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 18462.2 - DO I Need to Know the Destination Site or Collection Facility for the Waste Tires? [Renumbered]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
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. Change without regulatory effect moving forms to section
					 18831, appendix A filed 4-2-96
					 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
6. Certificate of Compliance as
					 to 1-18-95 order including renumbering of former section
					 18462.2 to section
					 18462(c) through
					 (d) transmitted to OAL 3-29-96 and filed
					 5-9-96 (Register 96, No. 19).
Note: Authority cited: Sections
						40502,
						42966
						and
						43020,
						Public Resources Code. Reference: Sections
						42950,
						42951,
						42952,
						42953,
						42961.5
						and
						42962,
						Public Resources Code.
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 18463 - Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any waste tire generator, end-use facility, or waste tire
					 hauler or any party or person who commits any of the following acts shall be
					 liable for a civil penalty:
(a)
				  Intentionally, or negligently violates any permit, rule, regulation, standard,
				  or requirement pursuant to Chapter 19 of the Public Resources Code relating to
				  the generation, transportation or disposal of used or waste tires.
(b) The aiding or abetting, or allowing of
				  any violation, or noncompliance with any permit, rule, regulation, standard, or
				  requirement pursuant to Chapter 19 of the Public Resource Code relating to the
				  generation, transportation or disposal of used or waste tires.
(c) Any violation of, or noncompliance with
				  any order issued by the Department or by a hearing officer or a court relating
				  to the generation, transportation or disposal of used or waste tires.
(d) Any false statement, misrepresentation,
				  or omission of a significant fact or other required information in the
				  application for a waste tire hauler registration, Manifest Form, Unregistered
				  Hauler & Comprehensive Trip Log Substitution Form, or in information
				  regarding these matters subsequently reported to the Department.
(e) In addition to liability for a civil
				  penalty, the Department may:
(1) File a claim
				  against any registered waste tire hauler surety bond for activities resulting
				  from the illegal disposal of tires or injury.
(2) Deny, suspend, or revoke a waste tire
				  hauler registration.
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 18465 - Criteria to Impose a Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In assessing the amount of civil penalty, factors to be
					 considered shall include, but are not limited to, the following:
(1) The nature, circumstances, extent, and
				  gravity of the violation.
(2)
				  Evidence that the violation was willful or negligent.
(3) The good or bad faith exhibited by the
				  party.
(4) History of violation of
				  the same or similar nature.
(5) The
				  extent to which the party has cooperated with the Board in remediating the
				  violation.
(6) The extent that the
				  party has mitigated or attempted to mitigate any damage or injury caused by his
				  or her violation.
(7) Evidence of
				  any financial gain resulting from the violation.
(8) Such other matters as justice may
				  require.
1. New
					 section filed 5-9-96; operative 5-9-96 (Register 96, No. 19).
2.
					 Repealer of subsection (b) filed 3-6-2003 as an emergency; operative 3-6-2003
					 (Register 2003, No. 10). A Certificate of Compliance must be transmitted to OAL
					 by 7-7-2003 or emergency language will be repealed by operation of law on the
					 following day.
3. Repealer of subsection (b) refiled 7-7-2003 as an
					 emergency; operative 7-7-2003 (Register 2003, No. 28). A Certificate of
					 Compliance must be transmitted to OAL by 11-4-2003 or emergency language will
					 be repealed by operation of law on the following day.
4. Repealer of
					 subsection (b) refiled 11-3-2003 as an emergency; operative 11-3-2003 (Register
					 2003, No. 45). A Certificate of Compliance must be transmitted to OAL by
					 3-2-2004 or emergency language will be repealed by operation of law on the
					 following day.
5. Refiling of 11-3-2003 order 3-2-2004 as an
					 emergency, including further amendment of NOTE; operative 3-2-2004 (Register
					 2004, No. 10). A Certificate of Compliance must be transmitted to OAL by
					 6-30-2004 or emergency language will be repealed by operation of law on the
					 following day.
6. Certificate of Compliance as to 3-2-2004 order,
					 including repealer of subsection (a) designator, transmitted to OAL 6-15-2004
					 and filed 7-21-2004 (Register 2004, No. 30).
Note: Authority cited: Sections
						40502,
						42962
						and
						43020,
						Public Resources Code. Reference: Section
						42962,
						Public Resources Code.
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 18466 - Procedure for Imposing Civil Penalties

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Civil penalties may be administratively
				  imposed in accordance with the procedures outlined in the Administrative
				  Procedure Act at Chapter 5 (commencing with Section
				  11500) of Part 1 of Division 3 of
				  Title 2 of the Government Code with the exception of Government Code Section
				  11505(c).
(b) The accusation or complaint and all
				  accompanying documents may be served on the respondent by the following means:
(1) Personal service.
(2) Substitute service by using the same
				  service procedures as described in Section
				  415.20
				  of the Code of Civil Procedure.
(3)
				  Certified Mail: For respondents who are registered waste or used tire haulers,
				  certified mail or registered mail if the letter containing the accusation or
				  complaint and accompanying material is mailed, addressed to the respondent at
				  the latest facility or mailing address(es) provided in the current year's waste
				  tire hauler registration application (form CalRecycle 60) on file with the
				  Department. Any address provided on the current year's waste tire hauler
				  registration application may be used for service of process against a waste or
				  used tire hauler, even if that hauler's actions occur while in the role of a
				  waste tire generator or waste tire end-use facility. Proof of service of the
				  accusation or complaint shall be the certified mail receipts or registered mail
				  receipts proving the accusation or complaint and accompanying materials were
				  sent to respondent by certified mail or registered mail. For respondents who
				  are unregistered used or waste tire haulers, generators and end use facilities
				  that do not provide a current year's waste tire hauler registration application
				  to the Department, certified mail or registered mail pursuant to the procedures
				  indicated in the Administrative Procedure Act at Section
				  11505(c)
				  of the Government Code applies.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18470 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This Article requires operators of major
				  waste tire facilities to demonstrate adequate financial ability to conduct
				  closure activities.
(b) Operators
				  of all major waste tire facilities, except state and federal operators, shall
				  comply with the requirements of this Article upon application for issuance of a
				  major waste tire facilities permit pursuant to Chapter 6, Article 1, section
				  18420.
1. New
					 section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21).
					 A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-29-92 as an emergency; operative
					 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-6-92 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 9-28-92 as an emergency;
					 operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-3-92 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate
					 of Compliance must be transmitted to OAL 6-2-93 or emergency language will be
					 repealed by operation of law on the following day.
5. Certificate of
					 Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL
					 on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an
					 emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance
					 must be transmitted to OAL 10-20-93 or emergency language will be repealed by
					 operation of law on the following day.
7. Editorial correction of
					 HISTORY 4 (Register 93, No. 26).
8. Certificate of Compliance as to
					 6-22-93 emergency order including repealer and adoption of subsection (a)
					 transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No.
					 45).
Note: Authority cited: Sections
						40502
						and
						42820,
						Public Resources Code. Reference: Section
						42821,
						Public Resources Code.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18471 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When used in
				  this Article, the following terms shall have the meanings given below:
(1) "Current Closure Cost Estimate" means the
				  most recent estimate prepared in accordance with Chapter 6, Article 6, section
				  18442.
(2) "Depository Trust Fund" means the fund
				  established in conjunction with a surety bond or letter of credit and that
				  meets the requirements of section
				  18474 of this Article.
(3) "Enterprise Fund" means a fund
				  established to account for the financing of self-supporting activities of a
				  government unit that renders services on a user-fee basis.
(4) "Government Securities" means financial
				  obligations issued by a federal, state or local government, including general
				  obligation bonds, revenue bonds, and certificates of participation.
(5) "Letter of Credit" means a contract by
				  which the issuing institution promises to extend credit on behalf of an
				  operator to the Board or its designee, on presentation of the mechanism in
				  accordance with its terms.
(6)
				  "Provider of financial assurance" means an entity, other than an operator, that
				  provides financial assurance to an operator of a major waste tire facility,
				  including but not limited to a trustee, an institution issuing a letter of
				  credit, or a surety company.
(7)
				  "Surety Bond" means a contract by which a surety company promises that, if the
				  operator fails to perform required closure activities, the surety company will
				  be liable for the operator's responsibilities as specified by the
				  bond.
(8) "Trust fund" means a
				  contract by which the operator transfers assets to a trustee to hold, on behalf
				  of the Board or its designee, to pay closure costs.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18473 - Acceptable Mechanisms and Combination of Mechanisms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the limitation of subsection
				  (c) of this section, an operator shall use any one or any combination of the
				  mechanisms specified which are defined in the following sections of this
				  Article:
(1) Section
				  18474, Trust Fund
(2) Section
				  18475, Surety Bond
(3) Section
				  18476, Letter of Credit
(4) Section
				  18477, Government
				  Securities
(5) Section
				  18478, Enterprise Fund
(6) Section
				  18478.5. State Approved
				  Mechanism
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18474 - Trust Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  operator may establish a trust fund to meet the requirements of this Article.
				  The trust agreement shall be submitted to the Board or its designee as an
				  originally signed duplicate. The trustee shall be an entity which has the
				  authority to act as a trustee, and whose trust operations are regulated and
				  examined by a federal or state agency.
(b) The trust agreement shall be worded as
				  specified by using form CalRecycle 140 "Trust Agreement" (03/17) which is
				  incorporated herein by reference; and also shall contain the original signature
				  of the grantor and the trustee. (See Appendix A.)
(c) The initial deposit to the trust fund
				  shall be at least equal to the current closure cost estimate.
(d) If the value of the fund is at any time
				  less than the amount of the current estimate, the operator shall either deposit
				  an amount into the fund so that the value of the fund at least equals the
				  amount of the current closure cost estimate, or obtain other financial
				  assurance, as specified in this Article, to cover the difference.
(e) If at any time, the value of the trust
				  fund plus the amount of coverage demonstrated by other mechanisms is greater
				  than the closure cost estimate based on the maximum quantity of waste tires
				  permitted for storage, the operator may request in writing that the Board or
				  its designee authorize the release of the excess funds. After receiving such a
				  request, the Board or its designee shall review the request and, if any excess
				  funds are verified, shall instruct the trustee to release the funds.
(f) After the Board or its designee has
				  approved final closure, an operator or any other person authorized by the Board
				  to perform closure, may request reimbursement for closure expenditures by
				  submitting to the Board for review, documentation of those expenditures,
				  including but not limited to tire receipts. After receiving the documentation
				  for closure activities, the Board or its designee shall determine whether the
				  closure expenditures are in accordance with the closure plan or otherwise
				  justified. After the Board or its designee has approved final closure, the
				  Board or its designee shall instruct the trustee, in writing, to reimburse the
				  fund to the grantor.
(g) The Board
				  or its designee shall agree to termination of the trust when:
(1) An operator substitutes alternate
				  financial assurance as specified in section
				  18479 of this Article;
				  or
(2) The Board or its designee
				  releases the operator from the requirements of this Article in accordance with
				  section 18482.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18475 - Surety Bond

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  operator may establish a surety bond to meet the requirements of this Article.
				  The surety company issuing the bond shall, at a minimum, be among those listed
				  as acceptable sureties on federal bonds in the most recent issuance of Circular
				  570 of the U.S. Department of the Treasury.
(b) The surety bond shall be worded as
				  specified by using one of the following forms which are incorporated by
				  reference;
(1) Form CalRecycle 141 (03/17)
				  "Performance Bond," which is incorporated herein by reference, for a surety
				  bond guaranteeing performance (See Appendix A.); or
(2) Form CalRecycle 142 (03/17) "Financial
				  Guarantee Bond," which is incorporated herein by reference, for a surety bond
				  guaranteeing payment. (See Appendix A.)
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18476 - Letter of Credit

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An
				  operator may establish a letter of credit to meet the requirements of this
				  section. The issuing institution shall be an entity which has the authority to
				  issue letters of credit and whose letter of credit operations are regulated and
				  examined by a federal or state agency.
(b) The letter of credit shall be worded as
				  specified by using form Cal-Recycle 143 "Irrevocable Letter of Credit for
				  closure Costs" (03/17) which is incorporated herein by reference. (See Appendix
				  A.)
(c) The letter of credit shall
				  be accompanied by a letter from the operator identifying the number, issuing
				  institution, and date of issuance of the letter of credit; and the name,
				  address, facility number, and amount of funds assured by the letter of credit
				  for closure for each major waste tire facility.
(d) An operator who uses a letter of credit
				  to satisfy the requirements of this Article or the issuing institution shall
				  also establish a depository trust fund which meets the requirements of section
				  18474 of this Article if:
(1) An operator fails to demonstrate
				  alternate financial assurance within 60 days after receiving notice of
				  cancellation of the mechanism; or
(2) An operator fails to perform closure in
				  accordance with the applicable approved closure plan and permit requirements
				  when required to do so by the Board or its designee.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18477 - Government Securities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Government securities may be used to
				  cover closure costs only for major waste tire facilities operated by government
				  agencies.
(b) The terms of issuance
				  of government securities shall specify that proceeds from the sale of the
				  securities shall be deposited into a financial assurance mechanism that meets
				  the requirements of Section
				  18478(d) of this
				  Article.
(c) The securities shall
				  have been issued and the proceeds deposited into the financial assurance
				  mechanism that provides equivalent protection to a trust fund by meeting the
				  following requirements:
(1) Proceeds from the
				  sale of securities shall be used exclusively to pay for closure
				  activities;
(2) The financial
				  operations of the provider of the financial assurance are regulated by a
				  federal or state agency, or the provider is otherwise certain to maintain and
				  disburse the assured funds properly;
(3) If the provider of financial assurance
				  has authority to invest revenue deposited into the mechanism, the provider
				  shall exercise investment discretion similar to a trustee; and
(4) The mechanism meets other requirements
				  that the Board determines are necessary to ensure that the assured funds shall
				  be available in a timely manner.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18478 - Enterprise Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  enterprise fund may be used to cover closure costs only for major waste tire
				  facilities operated by government agencies.
(b) The enterprise fund shall dedicate its
				  revenue exclusively or with exclusive first priority to financing closure
				  activities.
(c) The enterprise fund
				  shall be established and the documents shall be worded as specified by using
				  form CalRecycle 144 "Enterprise Fund for Financial Assurances" (03/17), which
				  is incorporated herein by reference. (See Appendix A.) The wording, however,
				  may be modified to accommodate special circumstances on a case-by-case basis,
				  as approved by the Board or its designee.
(d) Revenue generated by an enterprise fund
				  shall be deposited into a financial assurance mechanism which:
(1) Provides equivalent protection to a trust
				  fund as described in section
				  18474 of this Article;
(2) Shall be funded within five years as
				  described in Section
				  18474 of this Article;
(3) Is used exclusively to finance closure
				  activities and shall remain inviolate against all other claims, including any
				  claims by the operator, the operator's governing body, and the creditors of the
				  operator and its governing body;
(4) Authorizes the Board or its designee to
				  direct the provider of financial assurance to pay closure costs if the Board or
				  its designee determines that the operator has failed to perform closure
				  activities covered by the mechanism;
(5) Is maintained by a provider whose
				  financial operations are regulated by a federal or state agency, or the
				  provider is otherwise certain to maintain and disburse the assured funds
				  properly;
(6) Is maintained by a
				  provider who has authority to invest revenue deposited into the
				  mechanism.
(7) Meets other
				  requirements that the Board determines are necessary to ensure that the assured
				  amount of funds shall be available for closure activities in a timely
				  manner.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18478.5 - State Approved Mechanism

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator may satisfy the requirements
				  of this Chapter by obtaining any other mechanism that meets the following
				  criteria, and that is approved by the Board.
(1) The financial assurance mechanism(s) must
				  ensure that the amount of funds assured is sufficient to cover the costs
				  assured when needed;
(2) The
				  financial assurance mechanism(s) must ensure that funds will be available in a
				  timely fashion when needed;
(3) The
				  financial assurance mechanism(s) must be obtained by the operator before the
				  first waste is received at a new facility and before any other financial
				  mechanism is cancelled at existing facilities. The financial mechanism must be
				  maintained until the operator is released from the financial assurance
				  requirements under this Chapter.
(4) The financial assurance mechanism(s) must
				  be legally valid, binding, and enforceable under California and Federal
				  law.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18479 - Substitution of Mechanisms by Operator

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator may substitute any alternate
				  financial assurance mechanism(s) acceptable to the Board or its designee as
				  specified in this Article, provided that at all times the operator maintains an
				  effective mechanism or combination of mechanisms that satisfies the
				  requirements of section
				  18473 of this Article, and informs
				  the Board of such substitution.
(b)
				  After obtaining alternate financial assurance, an operator may request that the
				  Board or its designee terminate or authorize the termination of a financial
				  assurance mechanism. The operator shall submit such a request in writing with
				  evidence of alternate financial assurance.
(c) Following written approval by the Board
				  or its designee, the operator may cancel a financial assurance mechanism by
				  giving notice to the provider of financial assurance.
1. New
					 section filed 2-10-92 as an emergency; operative 2-10-92 (Register 92, No. 21).
					 A Certificate of Compliance must be transmitted to OAL 6-9-92 or emergency
					 language will be repealed by operation of law on the following
					 day.
2. New section refiled 5-29-92 as an emergency; operative
					 6-8-92 (Register 92, No. 25). A Certificate of Compliance must be transmitted
					 to OAL by 10-6-92 or emergency language will be repealed by operation of law on
					 the following day.
3. New section refiled 9-28-92 as an emergency;
					 operative 10-6-92 (Register 92, No. 40). A Certificate of Compliance must be
					 transmitted to OAL by 2-3-92 or emergency language will be repealed by
					 operation of law on the following day.
4. New section refiled
					 1-25-93 as an emergency; operative 2-2-93 (Register 93, No. 5). A Certificate
					 of Compliance must be transmitted to OAL 6-2-93 or emergency language will be
					 repealed by operation of law on the following day.
5. Certificate of
					 Compliance as to 1-25-93 order transmitted to OAL 5-26-93; disapproved by OAL
					 on 6-22-93 (Register 93, No. 26).
6. New section filed 6-22-93 as an
					 emergency; operative 6-22-93 (Register 93, No. 26). A Certificate of Compliance
					 must be transmitted to OAL 10-20-93 or emergency language will be repealed by
					 operation of law on the following day.
7. Editorial correction of
					 HISTORY 4 (Register 93, No. 26).
8. Certificate of Compliance as to
					 6-22-93 emergency order transmitted to OAL 9-23-93 and filed 11-3-93 (Register
					 93, No. 45).
Note: Authority cited: Sections
						40502
						and
						42820,
						Public Resources Code. Reference: Section
						42821,
						Public Resources Code.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18480 - Bankruptcy or Other Incapacity of an Operator or Provider of Financial Assurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Within 10 days after commencement of a
				  voluntary or involuntary proceeding under the Bankruptcy Code, Title 11, U.S.C.
				  sections 101-1330 in which:
(1) The operator is named as debtor. The
				  operator shall notify the Board or its designee by certified mail of such
				  commencement.
(2) A provider of
				  financial assurance is named as debtor, such provider shall notify the operator
				  and the Board or its designee by certified mail of such
				  commencement.
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 9 - Financial Assurance Requirements for Closure of a Major Waste Tire Facility › Section 18481 - Recordkeeping and Reporting Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator shall maintain evidence of
				  all financial assurance mechanisms until the operator is released from the
				  requirements of this Article, as specified in section
				  18482. This evidence shall be
				  maintained at each major waste tire facility, whenever possible, or at an
				  alternate, designated location approved by the Board or its designee and which
				  is accessible to the operator, and available for the Board or its designee to
				  review.
(b) An operator shall
				  maintain the following types of evidence of financial assurance:
(1) Trust Fund. An operator using a trust
				  fund shall maintain a copy of the trust agreement and statements verifying the
				  current balance of the fund.
(2)
				  Surety Bond. An operator using a surety bond shall maintain a copy of the bond
				  and any amendments to the bond.
(3)
				  Letter of Credit. An operator using a letter of credit shall maintain a copy of
				  the letter of credit and any amendments to the letter of credit.
(4) Government Securities. An operator using
				  government securities shall maintain a copy of the following:
(A) All official resolutions, forms, letters
				  or other pertinent documents generated to issue the securities;
(B) The terms of issuance of the securities;
				  and
(C) With respect to the
				  financial assurance mechanism into which proceeds from the issuance are
				  deposited, the information listed in subsection (5)(C)1., 2., and 3. of this
				  section.
(5) Enterprise
				  Fund. An operator using a enterprise fund shall maintain a copy of the
				  following:
(A) All official resolutions,
				  forms, letters, or other pertinent documents generated to establish the
				  fund;
(B) The annual financial
				  statements of the fund; and
(C)
				  With respect to the financial assurance mechanism into which enterprise fund
				  revenue is deposited:
1. The mechanism, which
				  shall identify the major waste tire facility(ies) and the current closure cost
				  estimates covered by the mechanism;
2. A letter from an authorized officer of the
				  institution maintaining the mechanism, identifying the amount of coverage
				  provided by the mechanism as of the date of its establishment and each
				  anniversary date of establishment; and
3. Documentation that the mechanism meets the
				  requirements of section
				  18478(d) of this
				  Article.