(a) All owners and operators of VAVR enterprises shall comply with all applicable district rules and these regulations.
(b) The enterprise operator shall either:
(1) Be an auto dismantler, licensed according to the requirements of the California Vehicle Code and other business codes and the regulations of the DMV, for the purpose of vehicle disposal after purchase or
(2) Have a binding agreement with a duly authorized auto dismantler for the purpose of vehicle disposal after purchase.
(c) At least thirty (30) days prior to commencing operations as a VAVR enterprise operation, the operator shall notify the local district, in writing, of the intent to conduct such operations;
(1) The notification shall be submitted as specified by the district and shall contain information demonstrating the ability of the enterprise operator to comply with all provisions of this regulation;
(2) This information shall include, but is not limited to, enterprise operator name and business address, licensed auto dismantler name and business address, anticipated initiation date and duration of vehicle retirement operation, and time of vehicle intake; and
(3) The auto dismantler shall include a written statement under penalty of perjury certifying compliance with:
(A) Local water conservation regulations;
(B) State, county, and city energy and hazardous materials response regulations;
(C) Local water agency soil, surface, and ground water contamination regulations; and
(D) Any other information requested in applicable district rules.
(d) The local district shall have the right to refuse permission to generate emission reduction credits through VAVR to any requesting enterprise operator deemed by the local district as not meeting the requirements of these regulations or any applicable district rules.
(e) The district may assess an application fee to cover the costs of this approval process.
(f) The enterprise operator shall contract with an ARB-approved inspection entity to provide inspector services to perform the vehicle functional and equipment eligibility inspection specified in Section 2603(b) on-site at VAVR enterprise locations, if the VAVR enterprise operator is unable to or chooses not to perform this function.
(g) For each vehicle purchased as part of a VAVR enterprise and whose accelerated retirement creates emission reductions to be used as the basis for generating emission reduction credits, the enterprise operator shall:
(1) Verify that the vehicle meets the vehicle registration eligibility requirements of Section 2603(a); and
(2) Obtain from the vehicle owner the certificate of functional and equipment eligibility issued per Section 2603(b).
(h) At time of final sale of a vehicle to the VAVR enterprise, the enterprise operator shall verify that the person delivering the vehicle for sale is the legal owner or an authorized representative of the legal owner, properly empowered to complete the sale.
(i) The enterprise operator shall provide to the district, by the 5th day of each month, a list of all vehicles accepted for participation into a VAVR enterprise that are within sixty-one to ninety days (61-90) of their next required Smog Check inspection for the purpose of district compliance with Section 2602(c). Information to be provided for each vehicle includes, but is not limited to, vehicle identification number (VIN); vehicle license plate number; and vehicle make, model, and model year.
(j) Violation of any provision of these regulations by any entity contracted to a district to conduct a VAVR enterprise, including falsification of any information or data, shall constitute a citable violation making the violator subject to all applicable penalties specified in the California Health and Safety Code.
(k) Violation of any provision of Section 2603 by a VAVR enterprise operator or its subcontractors shall result in the issuance of a Notice of Violation(s).
Credits
Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103, 44105, 44107 and 44120, Health and Safety Code.
