Current through Register 2024 Notice Reg. No. 38, September 20, 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 of Title 1418420 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.
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 amendment of section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. New subsections (a)(12), (a)(19), (a)(20) and (a)(22) and subsection renumbering filed 8-23-2004 as an emergency; operative 8-23-2004 (Register 2004, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-21-2004 or emergency language will be repealed by operation of law on the following day.
8. Refiling of 8-23-2004 emergency, including new Appendix A, 12-22-2004 as an emergency; operative 12-22-2004 (Register 2004, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-21-2005 or emergency language will be repealed by operation of law on the following day.
9. Reinstatement of section as it existed prior to 12-22-2004 emergency amendment by operation of Government Code section 11346.1(f) (Register 2005, No. 17).
10. New subsections (a)(12), (a)(19), (a)(20) and (a)(22), subsection renumbering and new Appendix A filed 4-25-2005 as an emergency; operative 4-25-2005 (Register 2005, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-23-2005 or emergency language will be repealed by operation of law on the following day.
11. Editorial correction relocating forms CIWMB 173 and CIWMB 180 from section 18450 to section 18831, Appendix A (Register 2005, No. 24).
12. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.
13. Certificate of Compliance as to 4-25-2005 order, including amendment of subsections (a)(15), (a)(19) and (a)(26), transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.
15. New subsections (a)(9)-(a)(11), (a)(21) and (a)(29), subsection relettering and amendment of newly designated subsections (a)(18), (a)(23), (a)(24), (a)(26), (a)(30) and (a)(34) refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.
16. Certificate of Compliance as to 2-9-2006 order transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).
17. Amendment of section and NOTE filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
18. Amendment filed 9-29-2014; operative 10-29-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 40).
Note: Authority cited: Sections 40400, 40401, 40502, 42966 and 43020, Public Resources Code. Reference: Sections 40110, 40400, 40401, 42950, 42951, 42952, 42954, 42955, 42956, 42958 and 42961.5, Public Resources Code.
