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 18461 - Manifest System Requirements for Waste Tire End-Use Facilities

Universal Citation: 14 CA Code of Regs 18461

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following.

(a) As provided in Section 18459.3(a), an end-use facility shall retain a copy of the Manifest Form provided by the registered hauler.

(1) If the end-use facility is a port terminal, the registered waste tire hauler or exempt common carrier shall leave the waste tire generator with a completed Manifest Form and confirming freight transport documentation, which includes, but is not limited to, bills of lading, sales receipts, and shipping invoices. For purposes of this section, the waste tire generator shall be the person who originates the shipment of waste or used tires to the port terminal. The completed Manifest Form shall show the port terminal operator as the final destination.

(b) The end-use facility may accept the waste or used tires from waste tire hauler(s) who are not registered with the Department and/or have no manifest as provided below:

(1) If waste or used tires are received from a registered hauler that does not have a Manifest Form, the end-use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CalRecycle 204, New 8/05) within 48 hours of the tire delivery and submit the CalRecycle 204 form to the Department within 90 days.

(2) The end-use facility shall complete the CalRecycle 204 (New 8/05) and submit it to the Department within 30 days of the acceptance of 10 or more waste or used tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Solid Waste Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 waste or used tires to the end-use facility.

(3) If the person is hauling more than 20 waste or used tires under the written authorization of a Solid Waste Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the CalRecycle 204 (New 8/05) and submit the form to the Department within 30 days of the acceptance of waste or used tires from that person.

(c) End-use facility operators shall make available for review by the waste tire hauler any Department issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of waste or used tires on the site.

(d) If the end-use facility completes and submits a CalRecycle 204 (New 8/05) under the requirements of this section, the end-use facility operator shall retain a copy of the completed CalRecycle 204 (New 8/05) at the place of business for a period of 3 years and the form shall be made available to the Department, or an authorized representative of the Department, upon request.

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, renumbering and amendment of former section 18461.1 to section 18461(a) through (c) and former section 18461.2 to section 18461(d) through (g) 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. Amendment of subsection (c) and amendment of NOTE filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).
8. New subsection (a)(1) 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. New subsection (a)(1) 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. New subsection (a)(1) 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 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 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 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, including amendment of subsection (b), 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 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42953, 42961.5 and 42962, Public Resources Code.

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