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 18450 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
				  purposes of this Article, the definitions found in: Public Resources Code
				  Sections
				  42950-
				  42967;
				  and Chapter 3, Article 4.1, of this Division (commencing with Section
				  17225.701); and the following
				  shall apply:
(1) "Board" means the California
				  Integrated Waste Management Board, which, as of January 1, 2010, ceased to
				  exist as a Board and became part of (subjoined into) a new Department of
				  Resources Recycling and Recovery (CalRecycle).
(2) "Bond" means a surety bond issued by a
				  California admitted insurance carrier.
(3) "Business Name" means the name of the
				  operation registered with the local government of the State of California; the
				  business license name.
(4)
				  "Calendar Year" means January 1 through December 31 of any year.
(5) "CalRecycle" means the Department of
				  Resources Recycling and Recovery, which is vested with the authority, duties,
				  powers, purposes, responsibilities and jurisdiction of the former California
				  Integrated Waste Management Board. CalRecycle is also referred to in these
				  regulations as the "Department."
(6) "CIWMB" means the California Integrated
				  Waste Management Board, which, as of January 1, 2010, ceased to exist as a
				  Board and became part of (subjoined into) a new Department of Resources
				  Recycling and Recovery (CalRecycle).
(7) "Civil Penalty" means a fine assessed as
				  a result of a violation of an applicable provision.
(8) "Collection Location" means a location on
				  which tires are being stored in collection in accordance with subsection
				  18420.1 (a), and
				  includes the containers in which tires are placed and the area surrounding the
				  containers on which tires are temporarily placed during unloading, sorting, and
				  loading.
(9) "Commingled" means
				  inextricably mixed together, in that the waste components cannot be
				  economically or practically separated.
(10) "Common Carrier" means every common
				  carrier as described in Public Utilities Code Section
				  211
				  with a motor vehicle transportation business that offers service to the general
				  public and hauls a commodity other than waste or used tires to an original
				  destination point and then transports waste or used tires on the return part of
				  the trip. The revenue derived from transporting the waste or used tires shall
				  be incidental when compared to the revenue earned by the common carrier as
				  stated in Public Resources Code Section
				  42954(a)(6).
				  For purposes of this Chapter, incidental revenue means 10% or less of total
				  annual revenue.
(11) "Comprehensive
				  Trip Log" or "CTL" means the California Uniform Waste and Used Tire Manifest
				  System form developed by the Department pursuant to Public Resources Code,
				  section
				  42961.5.
				  The Comprehensive Trip Log is attached hereto as Appendix A (CalRecycle 203,
				  7/10) and incorporated by reference herein. (See 14 CCR Division 7, Chapter 9,
				  Article 9.3, Appendix A.)
(12)
				  "Decal" see "Waste Tire Hauler Decal" as defined in this section.
(13) "Electronic report" means electronic
				  submittal of manifest information to the Department by means of electronic data
				  transfer or web-based data entry in accordance with the requirements set forth
				  in Section
				  18459.1.2.
(14) "Electronic Data Transfer Form" or "EDT
				  Form" means a paper reporting form, approved by the Department, that is used by
				  the hauler or responsible party for reporting manifest information in lieu of
				  the required Comprehensive Trip Log. The EDT Form will contain the information
				  required on the Comprehensive Trip Log.
(15) "End-Use Facility" means the facility
				  where waste or used tires are unloaded and/or accepted.
(16) "Facility" means a waste tire facility,
				  as defined in Public Resources Code Section
				  42808,
				  a facility authorized to accept waste or used tires pursuant to a state or
				  local agency permit, or a facility which lawfully accepts waste or used tires
				  as authorized under Section
				  18420 of Title 14 of the
				  California Code of Regulations.
(17) "Generator" see "Waste or Used Tire
				  Generator" as defined in this section.
(18) "Hauler" see "Waste or Used Tire Hauler"
				  as defined in this section.
(19)
				  "Load" means a single transaction (a pick up or delivery) of waste or used
				  tires between the hauler and generator, or the hauler and end-use facility.
				  There may be one or more loads on a trip.
(20) "Local Government" means a county, city,
				  city and county, special district, joint powers agency or other political
				  subdivision of the state.
(21)
				  "Manifest Form" means Comprehensive Trip Log (CalRecycle 203, 7/10) or EDT
				  Form. Except as otherwise provided by this Article, the Manifest Form shall be
				  completed by the waste tire hauler which shall accompany each transported
				  shipment of waste or used tires.
(22) "New Tire Adjustment" means return or
				  replacement of a new tire that is defective or damaged to the manufacturer or
				  wholesale distributor.
(23)
				  "Person" includes an individual, sole proprietorship, co-partnership, Limited
				  Liability Company, corporation, political subdivision, government agency, or
				  municipality.
(24) "Place of
				  Business" means the actual physical location where waste or used tires are
				  picked up from, delivered to, or stored.
(25) "Port Terminal" means a wharf, bulkhead,
				  quay, pier, dock or other berthing location, and adjacent storage areas and
				  structures associated with primary movement of cargo or materials from
				  vessel-to-shore or shore-to-vessel. A port terminal includes, but is not
				  limited to:
(A) Structures devoted to
				  receiving, handling, holding, consolidating and loading or delivery of
				  waterborne shipments or passengers,
(B) Areas devoted to maintenance of the
				  terminal or its equipment, and
(C)
				  Production or manufacturing areas, warehouses, storage facilities, and private
				  or public businesses or entities located on or surrounded by port
				  property.
(26)
				  "Registration" see "Waste Tire Hauler Registration" as defined in this
				  section.
(27) "Registered Vehicle
				  Owner" means the person in whom title is vested and/or to whom the vehicle is
				  registered with the Department of Motor Vehicles for any jurisdiction, domestic
				  and foreign, in which the vehicle is registered.
(28) "Retreader" means a business, person,
				  entity, individual, sole proprietorship, co-partnership, Limited Liability
				  Company, or corporation, who is in the business of retreading or recapping tire
				  casings for reuse. The retreader shall have a Manufacturer 3-Digit
				  Identification issued by the United States Department of Transportation
				  pursuant to Title 49, Code of Federal Regulations, Section
				  574.5. If the retreader is a
				  registered waste tire hauler, they shall comply with all waste tire hauler
				  requirements. Retreaders shall maintain for three (3) years, records of all
				  CalRecycle forms whether currently used or documents that have been replaced by
				  other forms.
(29) "Revenue" is
				  annual net income earned.
(30)
				  "Tire Casing" is the carcass of a reusable tire that after inspection can be
				  retreaded or recapped by a retreader. For purposes of this Article, each tire
				  casing is considered to be a separate waste or used tire.
(31) "Tire Program Identification Number" or
				  "TPID" is a unique Cal-Recycle assigned number for each waste or used tire
				  hauler, each business location from which waste or used tires are generated,
				  and for each location where waste or used tires are transported to as an
				  end-use facility.
(32) "Trip" means
				  the hauling of waste or used tires that begins with a waste tire hauler's first
				  pick-up of waste or used tires from a generator and ends with the hauler's last
				  delivery of waste or used tires to an end-use facility, but in no case shall a
				  trip exceed five (5) consecutive days.
(33) "Unregistered Hauler & Comprehensive
				  Trip Log Substitution Form" is the form to be completed by the generator and
				  end-use facility pursuant to the requirements set forth in Sections
				  18461(b) and
				  18462(c). The
				  Unregistered Hauler & Comprehensive Trip Log Substitution Form is attached
				  hereto as Appendix A (CalRecycle 204, New 08/05) and incorporated by reference
				  herein. (See 14 CCR Division 7, Chapter 9, Article 9.3, Appendix A.)
(34) "Used Tire" in accordance with Public
				  Resources Code Section
				  42950(k)
				  means a tire that meets both of the following requirements:
(A) The tire is no longer mounted on a
				  vehicle but is still suitable for use as a vehicle tire.
(B) The tire meets the applicable
				  requirements of Title 13 (Motor Vehicles) of the California Code of
				  Regulations.
(35)
				  "Vehicle Description" includes the year, the model, the make of the vehicle,
				  Vehicle Identification Number as defined in California Vehicle Code Section
				  671, and
				  Vehicle License Plate Number, including state of issuance, as defined in
				  California Vehicle Code Section
				  4850(a).
				  Trailers as defined in Vehicle Code Section
				  630 are not
				  eligible for registration.
(36)
				  "Waste or Used Tire Generator," "Waste Tire Generator" or "Generator" means any
				  person whose act or process produces any amount of waste or used tires, causes
				  a waste or used tire hauler to transport those waste or used tires, or
				  otherwise causes waste or used tires to become subject to regulation.
(A) Any person meeting the definition of a
				  Waste or Used Tire Generator above who causes to be transported 10 or more
				  waste or used tires in a single load shall meet the requirements set forth in
				  subsections
				  18462(a) through
				  (c) of this Chapter.
(B) Any person meeting the definition of a
				  Waste or Used Tire Generator above who causes to be transported 9 or less waste
				  or used tires in a single load shall meet the requirements set forth in
				  subsections
				  18462(a) through
				  18462(d) of this
				  Chapter.
(37) "Waste or
				  Used Tire Hauler" or "Hauler" means any person engaged in the transportation of
				  waste or used tires, or tire casings, including haulers that the Department
				  approved as exempt from registration pursuant to Public Resources Code Section
				  42954.
(38) "Waste Tire" in accordance with Public
				  Resources Code Section
				  42950(
l
)
				  means a tire that is no longer mounted on a vehicle and is no longer suitable
				  for use as a vehicle tire due to wear, damage, or deviation from the
				  manufacturer's original specifications. A waste tire includes a repairable
				  tire, scrap tire, and altered waste tire, but does not include a tire derived
				  product, crumb rubber, or a used tire.
(39) "Waste Tire Hauler Decal" or "Decal"
				  means a self-adhesive tag with a unique serial number issued annually by the
				  Department, that the registered hauler shall affix to the inside lower,
				  right-hand corner of the windshield of the vehicle for which the decal was
				  issued.
(40) "Waste Tire Hauler
				  Registration" means the documents, including the decal and registration form,
				  issued by the Department, which authorizes the holder of the documents to
				  legally haul waste or used tires within California for the period of
				  issuance.
(41) "Waste Tire Manifest
				  System" means the California Uniform Waste and Used Tire Manifest System
				  authorized by Section
				  42961.5
				  of the Public Resources Code, which includes the Comprehensive Trip Log and all
				  procedures and regulations applicable to the transportation of the waste or
				  used tires from point of origin to final destination of the waste or used
				  tires.