(a) The Department may authorize the use of waste or used tires in a beneficial reuse project using whole or altered waste tires on a case-by-case basis, if it receives a written request prior to commencement of the reuse project.
(b) The Department shall issue either an approval or a denial of the beneficial reuse project to the requester within ninety (90) days of receipt of a completed request. The project may commence if the Department determines the project meets the requirements set forth in subsection (c).
(c) In order to qualify as a beneficial reuse project, the request shall include all of the following information:
(1) A description of how the project employs one or more engineering properties of waste tires,
(2) A description of how the use of waste or used tires in the project provides equal or superior performance or lower cost relative to conventional technologies,
(3) Evidence that the project does not pose a threat to public health, safety and the environment, and
(4) Written approval of the proposed project by a registered civil engineer.
(d) A person responsible for discontinuing or dismantling a beneficial reuse project shall:
(1) 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
(2) Notify the Department when the closure activity is complete.
(e) A beneficial reuse project approved by the Department shall be exempt from the permitting and storage requirements set forth in Division 30, Part 3, Chapter 16 of the Public Resources Code, and Division 7, Chapters 3 and 6 of Title 14 of the California Code of Regulations.
(f) This section does not apply to the beneficial reuse of whole or altered waste tires as solid waste at a solid waste landfill as described in Division 2, Chapter 3, Article 2, section 20686 of Title 27 of the California Code of Regulations.
Credits
Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 42808, 43020 and 43021, 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 4/12/24 Register 2024, No. 15.
Cal. Admin. Code tit. 14, § 18431.3, 14 CA ADC § 18431.3
