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 18451 - Applicability of these Regulations
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Waste tire haulers, retreaders, waste tire generators, and end-use facilities shall comply with these regulations, unless exempted by Section 42954 of the Public Resources Code and applicable procedures set forth in Sections 18452.1-18453.2.
(b) The return of new tire adjustments to the wholesale distributor or manufacturer under "warranty consideration" is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Article. The person transporting the tires must have in the vehicle, documentation substantiating that the tires are being returned for "warranty consideration." Lack of documentation or false information will subject the transporter to enforcement and penalties under this Article.
(c) "Tire Derived Product" being transported from the processing facility to the end-use facility is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Chapter. The hauler shall have a copy of the letter issued by the Department to the processing facility stating that the material is "Tire Derived Product" and a bill of lading accompanying the load. The letter and bill of lading shall be carried in the vehicle while transporting the "Tire Derived Product" from the processing facility to the end-use facility. Lack of documentation or false information will subject the transporter to enforcement and penalties under this Chapter.
(d) New tires, pneumatic or solid, that have never been driven on by any vehicle, discarded tires from electric wheelchairs, and solid plastic forklift tires are not considered used or waste tires under this Chapter. All other used or waste tires including those from aircraft, motorcycles, and heavy equipment tires are subject to the requirements of this Chapter.
(e) The "beneficial use hauling of used or waste tires" is defined as using the used or waste tires as bumpers or cushions to stabilize or protect the goods or materials being transported; or where the used or waste tires are used as bumpers or cushions during the normal course of hauling. Beneficial use hauling shall not be considered used and waste tire hauling for the purposes of this Article.
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 heading and section transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. New subsections (b)-(b)(6) filed 9-10-96; operative 9-10-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 37).
7. Amendment of section heading and section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
8. Amendment of subsection (a) 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.
9. Amendment of subsection (a) refiled 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.
10. 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).
11. Amendment of subsection (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.
12. Amendment of subsection (a) 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 transmitted to OAL 8-11-2005 and filed 9-22-2005 (Register 2005, No. 38).
14. Amendment of subsection (a) 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. Amendment of subsection (a) 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 filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).
Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42953 and 42954, Public Resources Code.
