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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18485 - 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 compensate
				  third parties for bodily injury and property damage caused by facility
				  operation.
(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					 language will be repealed by operation of law on the following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					 to OAL by 10-6-92 or emergency language will be repealed by operation of law on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					 transmitted to OAL by 2-3-92 or emergency language will be repealed by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. Editorial correction of
					 printing error in article heading (Register 92, No. 40).
5. 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					 language will be repealed by operation of law on the following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.
6. 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).
7.
					 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					 emergency language will be repealed by operation of law on the following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.
8. Editorial correction of HISTORY 5 (Register 93, No.
					 26).
9. Certificate of Compliance as to 6-22-93 emergency order
					 including amendment 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18486 - 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 described in Chapter
				  5, Article 3.5, section
				  18281:
(1) "Assets";
(2) "Current assets";
(3) "Current liabilities";
(4) "Financial reporting year";
(5) "Liabilities";
(6) "Net working capital";
(7) "Net worth";
(8) "Parent corporation"; and
(9) "Tangible net worth".
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 18487 - Amount of Required Coverage

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator of one or more major waste
				  tire facilities shall demonstrate financial responsibility for compensating
				  third parties for bodily injury and property damage caused by accidental
				  occurrences, including exposures to pollution.
(b) The required amounts of coverage shall
				  be:
(1) $500,000 per occurrence with a
				  $500,000 annual aggregate for each facility permitted for 5,000 to 200,000
				  tires or tire equivalents; or
(2)
				  $1,000,000 per occurrence with a $1,000,000 annual aggregate for each facility
				  permitted for 200,001 tires or more or corresponding tire
				  equivalents.
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 18488 - Acceptable Mechanisms and Combinations of Mechanisms

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Subject to the limitations of subsections
				  (c) and (d) of this section, an operator shall use any one, or any combination
				  of the mechanisms which are defined in the following sections:
(1) Section
				  18489, Trust Fund
(2) Section
				  18490, Government
				  Securities
(3) Section
				  18491, Insurance
(4) Section
				  18492, Self-Insurance and Risk
				  Management
(5) Section
				  18493, Financial Means
				  Test
(6) Section
				  18494, Corporate
				  Guarantee
(7) Section
				  18494.5, 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18490 - Government Securities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) 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 18490(b)
				  below.
(b) The securities shall
				  have been issued and the proceeds already 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 claims by
				  third parties for bodily injury and property damage caused by accidental
				  occurrences 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;
(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 or its designee 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18491 - Insurance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The issuer of
				  the insurance policy shall be an insurer that, at a minimum, is licensed by the
				  California Department of Insurance to transact the business of insurance in the
				  State of California as an admitted carrier.
(b) If coverage is not available as specified
				  in (a) above, the operator may seek coverage by an insurer which, at a minimum,
				  shall be eligible to provide insurance as an excess or surplus lines insurer in
				  California.
(c) If coverage is
				  obtained as described in section (b) of this section, the insurance shall be
				  transacted by and through a surplus line broker currently licensed under the
				  regulations of the California Department of Insurance and upon terms and
				  conditions prescribed in the California Insurance Code (CIC), Division 1, Part
				  2, Chapter 6.
(d) The Board or its
				  designee may object to the use of any insurer 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.
(e) Each insurance policy shall be either:
(1) Evidenced by a "Certificate of Liability
				  Insurance" established by using form CalRecycle 146 "Certificate of Liability
				  Insurance" (03/17), which is incorporated herein by reference (See Appendix
				  A.); or
(2) Amended and evidenced
				  by a "Liability Insurance Endorsement" established by using form CalRecycle 147
				  "Liability Insurance Endorsement" (03/17), which is incorporated herein by
				  reference. (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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18492 - Self-Insurance and Risk Management

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To use the self-insurance and risk
				  management mechanism an operator shall:
(1)
				  Be a public entity;
(2) Be
				  self-insured;
(3) Employ a risk
				  manager;
(4) Have an active safety
				  and loss prevention program that seeks to minimize the frequency and magnitude
				  of third party damages caused by accidental occurrences and other self-insured
				  losses; and
(5) Have procedures for
				  and a recent history of timely investigation and resolution of any claims for
				  third party damages caused by accidental occurrences and other self-insured
				  losses; and
(6) Satisfy any other
				  reasonable conditions including but not limited to the submittal of audited
				  financial statements that the Board or its designee determines are needed to
				  ensure that the assured amount of 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18493 - Financial Means Test

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To
				  pass the financial means test, an operator or a guarantor shall be a private
				  entity and shall meet the criteria of section (c) or (d) based on independently
				  audited year-end financial statements for the latest completed fiscal
				  year.
(b) The phrase "amount of
				  liability coverage to be demonstrated by the test" as used in sections (c) and
				  (d) refers to the amount of liability coverage required by section
				  18487 of this Article.
(c) The operator or guarantor shall have:
(1) Net working capital and tangible net
				  worth each at least six times the amount of liability coverage to be
				  demonstrated by the test; and
(2)
				  Tangible net worth of at least $10 million; and
(3) Assets located in the United States
				  amounting to at least 90 percent of its total assets or at least six times the
				  amount of liability coverage to be demonstrated by the
				  test.
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 18494 - Corporate Guarantee

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The guarantor shall be:
(1) A parent corporation of the operator;
				  or
(2) A firm whose parent
				  corporation is also the parent corporation of the operator; or
(3) A firm engaged in a substantial business
				  relationship with the operator and issuing the corporate guarantee as an act
				  incident to that business relationship.
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 18494.5 - 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18495 - 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) as described in sections
				  18489 through
				  18494 of this Article, provided
				  that at all times the operator maintains an effective mechanism or a
				  combination of effective mechanisms, that satisfies the requirements of section
				  18488 of this Article, and informs
				  the Board or its designee of such substitution.
(b) In the event an operator obtains
				  alternate financial assurance, it may request that the Board or its designee
				  terminate or authorize the termination of the previous financial assurance
				  mechanism. The operator shall submit such a request in writing with evidence of
				  alternate 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18497 - Bankruptcy or Other Incapacity of 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 10 - Financial Responsibility for Operating Liability Claims of Major Waste Tire Facilities › Section 18499 - Release of an Operator from the Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) After approving the closure of the major
				  waste tire facility as specified in Article 6, the Board or its designee shall
				  notify the operator and the provider of financial assurance in writing, that he
				  or she is no longer required to demonstrate financial responsibility by this
				  Article for third party operating liability, at the particular
				  facility.
(b) When operational
				  control of a major waste tire facility is transferred, the existing operator
				  shall remain subject to the requirements of this Article until the new operator
				  provides acceptable financial assurances to the Board or its
				  designee.
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 text and repealer and adoption
					 of forms transmitted to OAL 9-23-93 and filed 11-3-93 (Register 93, No.
					 45).
9. 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).
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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.1 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
All operators of major waste tire facilities shall be
					 subject to the requirements of this article, except state and federal
					 operators.
1. New
					 article 11 (sections
					 18499.1-18499.9) and section filed
					 4-1-2003; operative 5-1-2003 (Register 2003, No.
					 14).
Note: Authority cited: Sections
						40502,
						42850
						and
						42850.1,
						Public Resources Code. Reference: Sections
						40502,
						42850
						and
						42850.1,
						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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) "Degree of
				  non-compliance" means the status of compliance of an operator with the
				  financial assurance requirements. An operator is either:
1) partially out of compliance with the
				  requirements ("Minor"); or
2)
				  completely out of compliance with the requirements
				  ("Major").
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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.3 - Notice of Violation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) CalRecycle shall send a written Notice of
				  Violation to an operator violating the requirements of Articles 9 or 10 of this
				  Chapter (commencing with section
				  18470).
(b) The Notice of Violation shall:
(1) describe the violation which CalRecycle
				  staff believe is occurring; and
(2)
				  describe the consequences of continued failure to comply or
				  respond.
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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.4 - Issuance of Notice and Order, Cleanup and Abatement Order, and/or Stipulated Notice and Order

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If
				  an operator fails to respond to the Notice of Violation within the specified
				  timeframe, CalRecycle shall draft and send a Notice and Order or Cleanup and
				  Abatement Order to the operator.
(b) An operator shall respond to CalRecycle
				  with evidence of compliance, or request an alternate schedule for compliance,
				  within 10 working days from receipt of the Order.
(c) If an operator responds to the Order by
				  offering partial compliance immediately, and full compliance over a period of
				  time, which is acceptable to CalRecycle, CalRecycle may enter into a Stipulated
				  Notice and Order with the operator.
(d) If an operator fails to conform with the
				  compliance schedule within the specified timeframe as provided in the Notice
				  and Order, Cleanup and Abatement Order or Stipulated Notice and Order, further
				  enforcement action may be taken by CalRecycle, as specified in the Notice and
				  Order, Cleanup and Abatement Order, or Stipulated Notice and Order.
1. New
					 section filed 4-1-2003; operative 5-1-2003 (Register 2003, No.
					 14).
2. Change without regulatory effect amending section filed
					 12-11-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 50).
Note: Authority cited: Sections
						40502,
						42850
						and
						42850.1,
						Public Resources Code. Reference: Sections
						40502,
						42850
						and
						42850.1,
						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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.5 - Compliance Options

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  CalRecycle may consider compliance options other than imposing penalties, to
				  assure adequate financing for closure activities and operating liability.
				  CalRecycle may consider options that include, but are not limited to:
(1) Placing restrictions on current financial
				  assurance mechanism(s) being used by the operator such as more frequent
				  reporting requirements.
(2)
				  Prohibiting use of current financial assurance mechanism(s) being used by the
				  operator, and requiring the operator to establish an alternate mechanism as
				  prescribed in section
				  18473 and
				  18488 of this
				  Title.
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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.6 - Penalty Calculations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If CalRecycle chooses to impose a
				  penalty, the daily penalty shall equal an amount determined by the
				  gravity-based matrix, in Table 1, using the degree of non-compliance and the
				  potential for harm as the deciding factors, added to the economic benefit an
				  operator receives from noncompliance with this Chapter.
Table 1.
Degree of
							 Non-Compliance
Potential for
							 Harm
Major
Minor
$10,000
$904
Major
to
to
$905
$804
$803
$702
Moderate
to
to
$703
$652
$651
$550
Minor
to
to
$551
$500
(1) The
				  economic benefit portion of penalty for lack of liability coverage shall be
				  based on a minimum annual premium for liability insurance, as identified by a
				  CalRecycle survey of the insurance industry. The premium is multiplied by the
				  number of years an operator is out of compliance (rounded up to the next whole
				  year if a partial year of non-compliance exists).
(2) The economic benefit portion of a penalty
				  for lack of coverage for closure costs shall be based on the current cost of a
				  letter of credit or bond, as identified by a CalRecycle survey of the banking
				  industry or insurance industry, respectively. The cost for a letter of credit
				  or bond is multiplied by the pro-rata factor for the length of time of
				  non-compliance.
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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.7 - Processing and Collection of Civil Penalty

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Processing and collection of civil penalties shall be made
					 by CalRecycle as provided in Public Resources Code Section
					 42855.
1. New
					 section filed 4-1-2003; operative 5-1-2003 (Register 2003, No.
					 14).
2. Change without regulatory effect amending section filed
					 12-11-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 50).
Note: Authority cited: Sections
						40502,
						42850
						and
						42850.1,
						Public Resources Code. Reference: Sections
						40502,
						42850,
						42850.1
						and
						42855,
						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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.8 - Appeals Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any aggrieved person may appeal a Notice and Order or
					 Cleanup and Abatement Order by CalRecycle, according to Public Resources Code,
					 section
					 42854.
1. New
					 section filed 4-1-2003; operative 5-1-2003 (Register 2003, No.
					 14).
2. Change without regulatory effect amending section filed
					 12-11-2017 pursuant to section
					 100, title 1, California Code of
					 Regulations (Register 2017, No. 50).
Note: Authority cited: Sections
						40502,
						42850
						and
						42850.1,
						Public Resources Code. Reference: Sections
						40502,
						42850,
						42850.1
						and
						42854,
						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 11 - Financial Assurances Enforcement Procedures for Major Waste Tire Facilities › Section 18499.9 - Continued or Recurring Violations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If an operator pays an initial penalty
				  but fails to correct the violation pursuant to Notice and Order or Cleanup and
				  Abatement Order, or has recurring violations within a one year period from the
				  date of the preceding Notice of Violation:
(1) CalRecycle may re-initiate the
				  enforcement process;
(2) CalRecycle
				  may pursue action to revoke a permit, according to Public Resources Code
				  section
				  42843,
				  and/or pursue closure of the facility;
(3) CalRecycle may pursue both (1) and (2)
				  above.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 1 - General › Section 18500 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The regulations contained in chapter 7 pertain to the
					 California Integrated Waste Management Board's requirements regarding
					 activities related special wastes, including but not limited to household
					 hazardous wastes.
1. New
					 chapter 7 (articles 1-2.2, sections
					 18500-18536.1) and section filed
					 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46). For prior history, see Register 83, No. 6.
2.
					 Editorial correction of HISTORY 1 (Register 2015, No.
					 14).
Note: Authority cited: Sections
						40502
						and
						41824,
						Public Resources Code. Reference: Sections
						40052
						and
						46400,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2 - General Provisions › Section 18504 - Scope and Applicability

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) The regulations contained in this article
				  set forth the criteria needed by cities, counties and local agencies
				  responsible for waste management to apply for and receive a grant of funds from
				  the Solid Waste Disposal Site Cleanup and Maintenance Account
				  (Account).
b) This article applies
				  to all cities, counties and local agencies which are either:
1. currently implementing a program or
				  activity which prevents the disposal of HW, including HHW into solid waste
				  landfills, or
2. proposing the
				  establishment of programs or services to prevent the disposal of HW; including
				  HHW; into solid waste landfills.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2 - General Provisions › Section 18505 - Programs Eligible for Funding

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
HHW Programs eligible for funding from the account include,
					 but are not limited to, the following activities:
(a) Load Checking Programs;
(b) Collection Programs
1) Periodic
2) Permanent
3) Mobile
4) Residential Pick-up
				  Service;
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2 - General Provisions › Section 18506 - Grant Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) A jurisdiction, with an eligible program,
				  shall submit the documents specified in section
				  18515 of article 2.1 or sections
				  18533 and
				  18533.1 of article 2.2, whichever
				  are applicable, in order to apply for a grant award.
b) Documents required in (a) of this section
				  shall be submitted to the principal place of business of the California
				  Integrated Waste Management Board, in care of the HHW Management
				  Program.
c) An original and three
				  (3) copies of the documents required in (a) of this section shall be submitted
				  to the Board. All materials submitted will become the property of the Board and
				  will be retained for a minimum of three years.
d) The required application documents shall
				  be received by the Board on or before the close of the application period
				  specified in either section
				  18511 of article 2.1 or section
				  18531 of article 2.2, whichever is
				  applicable.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
Note: Authority cited: Sections
						46205
						and
						46208,
						Public Resources Code. Reference: Sections
						46400
						and
						46401,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18510 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46208 and 46401,
						Public Resources Code. Reference: Section 46401, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18511 - Grant Application Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46208 and 46401,
						Public Resources Code. Reference: Section 46401, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18512 - Grant Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46208 and 46401,
						Public Resources Code. Reference: Section 46401, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18515 - Contents of the Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46208, 46400 and
						46401, Public Resources Code. Reference: Sections 46400 and 46401, Public
						Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18520 - Review of Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46400 and 46401,
						Public Resources Code. Reference: Sections 46400 and 46401, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18521 - Payment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205, 46208, Public
						Resources Code. References: Sections 46401 and 46810, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.1 - Non-Discretionary Grants [Repealed] › Section 18522 - Auditing Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 46205 and 46208, Public
						Resources Code. Reference: Section 46401, Public Resources
						Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18530 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a)
				  A jurisdiction which has not received a non-discretionary grant in accordance
				  with Article 2.1, Section
				  18512, and which submits a grant
				  application for a HHW program to ensure that HW, including, but not limited to,
				  HHW, is not disposed of in a solid waste landfill, and which meets the
				  definition of a HHW Program under Section
				  18502(a)(13) and
				  that of a proposal under Section
				  18502(a)(21) of
				  this Chapter, is eligible for a discretionary grant.
b) A jurisdiction which has received a
				  non-discretionary grant in accordance with article 2.1, section
				  18512, remains eligible to receive
				  a discretionary grant under this article for the following:
1) A HHW program which meets the definitions
				  under Section
				  18502(a)(13) and
				  Section 18502(a)(21) of
				  this Chapter; and/or
2) a portion
				  of an HHW program which was not funded under article 2.1 of this chapter in the
				  same grant year.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18531 - Grant Application Period

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applications for discretionary grants will be accepted
					 beginning on the first Monday in December of each year commencing in December,
					 1990, until 4:00 p.m. on the last Friday in February of the next calendar year.
					 Applications received after that date will be returned to the
					 applicant.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
2. Amendment filed 7-22-92; operative 7-22-92
					 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 30).
Note: Authority cited: Sections
						46205
						and
						46208,
						Public Resources Code. Reference: Section
						46401,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18532 - Grant Amount

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Board may award a discretionary grant to an eligible
					 jurisdiction in an amount to determined by the Board, but the amount shall not
					 exceed $120,000 for any individual grant. The award amount will be based upon
					 the amount of monies remaining in the Account after all non-discretionary
					 grants have been awarded for the previous calendar year.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
Note: Authority cited: Sections
						46205
						and
						46208,
						Public Resources Code. Reference: Sections
						46400
						and
						46401,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18533.1 - Contents of the Grant Proposal. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
2. Removal of text to section
					 18533 and amendment filed 7-22-92;
					 operative 7-22-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 30).
Note: Authority cited: Sections
						46205
						and
						46208,
						Public Resources Code. Reference: Sections
						41750
						and
						46401,
						Public Resources Code; Section
						25135.1(d)(4),
						Health and Safety Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18534 - Review of Grant Application

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a)
				  The Board shall review a discretionary grant application for the following:
1) to verify that the application is
				  complete; and
2) to verify that the
				  grant proposal incorporates the elements required by sections
				  18533 and
				  18533.1 of this article;
				  and
3) to evaluate the application
				  to determine its eligibility for partial funding of an HHW
				  Program.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18534.1 - Selection of Grant Recipient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) The Board shall select one or more grant
				  recipients based upon the recipient's satisfaction of the grant proposal
				  elements required pursuant to section
				  18533.1 of this article.
b) The Board shall give lower priority for
				  grant awards to grant applicants who have received funding for
				  non-discretionary grants under article 2.1 of this Chapter in the same grant
				  year; and for those applicants who had received discretionary grant funding in
				  the year prior to the current grant year cycle.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
2. Amendment of subsection (b) filed 7-22-92;
					 operative 7-22-92 pursuant to Government Code section
					 11346.2(d)
					 (Register 92, No. 30).
Note: Authority cited: Sections
						46208,
						Public Resources Code. Reference: Sections
						46400
						and
						46401,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18535 - Payment of Grant Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Discretionary grant recipients will be awarded grant funds
					 no later than June 30 of each year, commencing in June, 1991.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
Note: Authority cited: Sections
						46208
						and
						46400,
						Public Resources Code. Reference: Section
						46401,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 7 - Special Waste Standards › Article 2.2 - Discretionary Grants › Section 18536 - Grant Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a)
				  The grant recipient and the Board shall enter into a written grant agreement
				  which contains the grant proposal as approved and which identifies and ensures
				  compliance with the terms and conditions specified in section
				  18536.1 and any other special
				  conditions or terms which the Board may deem necessary.
b) Written Approval of Changes to Grant
				  Agreement. The recipient shall obtain prior written approval from the Board, or
				  its designated representative, for any changes to the grant agreement. All
				  requests shall include a description of the proposed change(s) and the
				  reason(s) for the changes.
1. New
					 section filed 8-30-90; operative 8-30-90 pursuant to Government Code section
					 11346.2(d)
					 (Register 90, No. 46).
Note: Authority cited: Section
						46208,
						Public Resources Code. Reference: Section
						46205,
						Public Resources Code.