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 18456.1 - Waste Tire Hauler Surety Bond Application Process
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) The initial application shall be accompanied by an original surety bond in the amount of $10,000 on behalf of the business owner in favor of the State of California ("surety bond"). The surety bond shall be completed by the insurance agent or bonding agent on form CIWMB 61. The surety bond shall be issued in the business name of the business owner as it appears on the application for registration as a waste tire hauler. The surety bond must be signed by a representative of the applicant.
(b) The surety bond shall remain in full force and effect during all registration periods. Failure to maintain an adequate bond pursuant to Public Resources Code Section 42955(d), shall result in automatic cancellation of the waste tire hauler registration. The cancelled registration may be reinstated by the Department when a new surety bond is posted.
(c) The surety company shall be licensed by the California Department of Insurance to transact the business of surety bonding in the State of California as an admitted insurance carrier.
(d) If coverage is not available as specified in Subsection (c) above, the waste tire hauler may seek coverage by a surety which, at a minimum, shall be eligible to provide surety bonds as an excess or surplus lines surety in California.
(e) If coverage is obtained as described in Subsection (d), the surety shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon the terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6.
(f) The Department or its designee may reasonably object to the use of any surety 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.
(g) The surety company shall become liable under the terms of the bond if the Department determines that the waste tire hauler has failed to comply with the provisions of Public Resources Code Section 42950 et. seq. or these regulations. The registered waste tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Public Resources Code that exceed the bond amount.
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 repealer and new section heading, movement of former section text to section 18456(a), renumbering and amendment of former section 18456.2(b) and (c) to section 18456.1 (a) and (b), renumbering and amendment of former section 18456.4 (a) through (f) to section 18456.1 (c) through (h) and amendment of NOTE transmitted to OAL 3-29-96 and filed 5-9-96 (Register 96, No. 19).
6. Amendment filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).
7. 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, 42955 and 42958, Public Resources Code.
