Article 3 - Renewal, Suspension, and Revocation

California Public Resources Code — §§ 42958-42961.7

Sections (6)

Amended by Stats. 2000, Ch. 838, Sec. 28. Effective January 1, 2001.

The initial waste and used tire hauler registration issued pursuant to this chapter shall be valid from the date of issuance to January 1 of the subsequent calendar year. Subsequent renewals shall be valid for one calendar year. The registration shall be renewed prior to its expiration.

§ 42960

Amended by Stats. 2012, Ch. 534, Sec. 17. (AB 1647) Effective January 1, 2013.

(a)The department may suspend, revoke, or deny a waste and used tire hauler registration for a period of up to three years, by serving a statement of issue in accordance with Section 42961, if the applicant for, or holder of, the registration does any of the following:

(1)Commits more than three violations of, or fails to comply with any requirements of, this chapter or Chapter 16 (commencing with Section 42800), or the regulations adopted pursuant to those provisions, within a one-year period.

(2)Commits, aids, or abets any violation of this chapter or Chapter 16 (commencing with Section 42800), or the regulations

adopted pursuant to those provisions, or permits an agent to do so, and the department determines that the violation poses an immediate threat of harm to public safety or to the environment.

(3)Commits, aids, or abets a failure to comply with this chapter or Chapter 16 (commencing with Section 42800), or the regulations adopted pursuant to those provisions, or permits an agent to do so, and the department determines that the failure to comply shows a repeating or recurring occurrence or that the failure to comply may pose a threat to public health or safety or the environment.

(4)Misrepresents or fails to disclose material factual information, or other required information in the application for a waste and used tire hauler registration, or misrepresents or omits factual information on any manifest more than three times in one

year.

(b)The department may suspend, revoke, or deny a waste and used tire hauler registration for a period of three years to five years, or may suspend, revoke, or deny a waste and used tire hauler registration permanently, in accordance with the procedures specified in subdivision (a), under any of the following circumstances:

(1)The hauler’s registration has been previously revoked or denied for any violation specified in subdivision (a).

(2)The hauler has been previously fined pursuant to this chapter or Chapter 16 (commencing with Section 42800).

(3)The department determines that the hauler’s operations pose a significant threat to public health and safety.

§ 42961

Repealed and added by Stats. 2012, Ch. 534, Sec. 19. (AB 1647) Effective January 1, 2013.

(a)The department shall notify the applicant for, or holder of, the registration of the revocation, suspension, or denial of the registration and the effective date of the suspension and revocation and, at the same time, shall serve the person with a statement of issues.

(b)Upon a request for a hearing by the department from the applicant for, or the holder of, the registration, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 90 days after that scheduling date, unless a later date is agreed to by both the department and the applicant for, or the holder of, the registration.

(c)A revocation or suspension issued pursuant to Section 42960 shall remain in effect until the hearing is completed and the department’s director has issued a decision.

(d)After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting for the issuance, suspension, revocation, or denial of the permit. If the decision is not transmitted within this period, the revocation or suspension shall be of no further effect.

§ 42961.1

Added by Stats. 2012, Ch. 534, Sec. 20. (AB 1647) Effective January 1, 2013.

A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.5 (commencing with Section 11400) of Part 1 of Division 3 of Title 2 of the Government Code, but the department may initially file a hearing pursuant to, or convert a hearing to be conducted pursuant to, the formal hearing requirements specified in Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code.

§ 42961.5

Amended by Stats. 2022, Ch. 542, Sec. 7. (SB 1181) Effective January 1, 2023.

(a)For purposes of this chapter, the following definitions shall apply:

(1)“California Uniform Waste and Used Tire Manifest” or “manifest” means a shipping record that contains all of the information required by the department, including, but not limited to, an accurate measurement of the number of tires being shipped, the type or types of the tires, the date the shipment originated or reached its destination, and the origin and intended final destination of the shipment, in a format approved or required by the department.

(2)“Waste and used tire hauler” means any person required to be

registered with the department pursuant to subdivision (a) of Section 42951.

(b)Any waste and used tire hauler transporting waste or used tires for offsite handling, altering, storage, or disposal, or for any combination thereof, shall complete a California Uniform Waste and Used Tire Manifest, in a manner approved or required by the department.

(c)(1) Any waste and used tire hauler shall have the California Uniform Waste and Used Tire Manifest readily accessible in the transporting vehicle during transportation by paper copy or electronic means. The manifest shall be shown upon demand to any representative of the department, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any

local public officer designated by the department.

(2)For each load of waste and used tires transferred, a waste and used tire hauler shall provide the completed manifest or the completed manifest information in a format approved by the department to the operator of the waste or used tire facility from which the waste and used tire hauler is receiving or transferring waste or used tires, or to which the waste and used tire hauler is transferring waste or used tires, at the time of transfer.

(3)Each waste and used tire hauler shall maintain a copy of each completed manifest or the completed manifest information in a manner approved or required by the department for a period of time required by the department, and shall submit to the department a legible copy of each

manifest or the manifest information, in a format required by the department, including, but not limited to, an electronic format, within a set time period required by the department. The manifest or manifest information submitted to the department shall contain the signed acknowledgment of the waste tire facility from or to which waste or used tires were transferred.

(d)(1) Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall maintain copies of the manifest or manifest information in a format authorized or required by the department, and any other information the department deems necessary to track the flow of waste and used tires

through the state, for each load of waste or used tires transferred or received, and make the manifest copies or manifest information available for review at the department’s request. The copy submitted to the department shall contain the approval of each transporter and the facility operator.

(2)Each waste or used tire facility that transfers waste or used tires to a waste and used tire hauler or that receives waste or used tires from a waste or used tire hauler that was transported with a manifest pursuant to this section shall check that the information on the manifest or in the manifest information recorded by the waste and used tire hauler is correct at the time of transfer in a manner required by the department.

(e)The department shall develop and implement a system for auditing

manifests submitted to the department pursuant to this section, for the purpose of enforcing this section. The department or its agent shall continuously conduct random sampling and matching of manifests submitted by any person generating waste or used tires, hauling waste or used tires, or operating waste or used tire facilities, to assure compliance with this section.

(f)(1) The department may require any waste and used tire generator, waste and used tire hauler, or operator of a waste tire facility that is subject to the manifest requirements of this section to record, maintain, and submit the required manifest information in an electronic format, in lieu of maintaining and submitting a paper copy of the manifest. The electronic record shall include all information

required to be on the California Uniform Waste and Used Tire Manifest, and any other information required by the department.

(2)A waste and used tire generator, waste and used tire hauler, or operator of a waste tire facility that is subject to paragraph (1) may submit the electronic reports to the board on a schedule determined by the department.

§ 42961.7

Added by Stats. 2012, Ch. 534, Sec. 21. (AB 1647) Effective January 1, 2013.

(a)A tire broker shall submit periodic information to the department on the used or waste tires arranged to be shipped by the tire broker to, from, or through the state.

(b)The department shall specify the schedule for the submission of the information required by subdivision (a) and the manner in which the information shall be provided to the department.