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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18489 - Trust Fund

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  trust fund shall have a trustee that is authorized 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 established by using form CalRecycle 145 "Trust Agreement" (03/17)
				  which is incorporated herein by reference; and also shall contain original
				  signature of grantor and trustee. (See Appendix A.)
(c) If, at any time, the value of the trust
				  fund is greater than the required amount of coverage minus the amount of
				  coverage demonstrated by another mechanism, the operator may request in writing
				  that the Board or its designee authorize the release of the excess funds. The
				  Board or its designee shall review the request, and if any excess funds are
				  verified, the Board or its designee shall instruct the trustee to release the
				  funds.
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					 language will be repealed by operation of law on the following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					 to OAL by 10-6-92 or emergency language will be repealed by operation of law on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					 transmitted to OAL by 2-3-92 or emergency language will be repealed by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					 repealed by operation of law on the following day.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 amendment of subsection (b) transmitted to
					 OAL 9-23-93 and filed 11-3-93 (Register 93, No. 45).
9. Change
					 without regulatory effect amending subsection (b) filed 4-2-96 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 96, No. 14).
10. Change without regulatory
					 effect amending subsection (b) and amending form CalRecycle (formerly CIWMB)
					 145 (incorporated by reference) filed 12-11-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 50).
Note: Authority cited: Sections
						40502
						and
						42820,
						Public Resources Code. Reference: Section
						42821,
						Public Resources Code.