(a) Any amount of waste or used tires is in “collection” when temporarily placed in a fully enclosed container, on a lot identified by a unique assessor's parcel number that is not part of:
(1) A permitted waste tire facility,
(2) A permitted solid waste facility,
(3) A facility identified in section 18420(a) of this Article, or
(4) An operation operating pursuant to a notification requirement prescribed by sections 18103 and 18103.1 of Title 14 of the California Code of Regulations.
(b) “Collection Location” means a location on which tires are being stored in collection in accordance with subsection (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.
(c) The requirements of Division 7, Chapter 3, Article 5.5 of Title 14 of the California Code of Regulations shall not apply to a collection location if all of the following six (6) requirements are met:
(1) All waste and used tires onsite shall be kept in closed containers except while actively unloading, sorting, or loading.
(2) Containers shall be kept locked when not being unloaded, sorted, or loaded.
(3) Containers shall, at all times, be kept on or as part of a trailer for which a current, valid license plate has been issued by the Department of Motor Vehicles or an equivalent agency in another state or country.
(4) A waste or used tire transported to or from a collection location shall be manifested in accordance with Article 8.5 of this Chapter.
(5) Containers shall not remain onsite longer than 90 days.
(6) The total number of waste or used tires at a collection location, including, but not limited to, waste or used tires located in closed containers and on the ground, shall not exceed 4,999.
(d) Only whole waste or used tires that have not been altered, baled, or otherwise processed to become tire derived product or tire casings may be in “collection.”
(e) Nothing in this Article shall be construed as relieving any owner or operator from obtaining and operating under the terms and conditions of all use permits, business licenses, and other approvals required by applicable local governments.
(f) A person who owns or operates a collection location as defined in subsection (b) shall notify the Department in accordance with section 18431.2 of Article 4, Chapter 6, Division 7 of Title 14 of the California Code of Regulations. If there is a change to the information provided pursuant to California Code of Regulations section 18431.2, the operator or owner of the collection location shall report the change to the Department in writing within thirty (30) days from the date of the change.
(g) The owner or operator of a collection location shall notify the Department in writing of the intent to cease operations, thirty (30) days prior to discontinuing operations.
(h) A person responsible for discontinuing or dismantling a collection location shall properly remove all tire material to an authorized facility, in accordance with Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations, and shall notify the Department in writing when closure activity is complete.
Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42830 and 43020, Public Resources Code.
1. New section filed 9-29-2014; operative 10-29-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 40).
This database is current through 5/26/23 Register 2023, No. 21.