Title PRC, California Pub. Res. Code

“Crumb rubber” means rubber granules derived from a waste tire that are less than or equal to, one-quarter inch or six millimeters in size. (Added by Stats. 2000, Ch. 838, Sec. 4. Effective January 1, 2001.)

“Fund” means the California Tire Recycling Management Fund created by subdivision (a) of Section 42885. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

“Local agency” means a county, city, special district, or other local governmental agency which provides or regulates solid waste handling services. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

“New or used motor vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively upon stationary rails or tracks. (Added by Stats. 2000, Ch. 838, Sec. 5. Effective…

“Operator” means the person responsible for the overall operation of a waste tire facility. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

“Owner” means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility is located. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

“Repairable tire” means a worn, damaged, or defective tire that is retreadable, recappable, or regrooveable, or that can be otherwise repaired to return the tire to its use as a vehicle tire, and that meets the applicable requirements of the Vehicle Code and Title 13 of the Calif…

“Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire. (Added by Stats. 2000, Ch. 838, Sec. 7. Effective January 1, 2001.)

“Tire derived product” means material that meets both of the following requirements: (a) Is derived from a process using whole tires as a feedstock. A process using whole tires includes, but is not limited to, shredding, crumbing, or chipping. (b) Has been sold and removed from t…

“Tire” means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

“Used tire” means a tire that meets all of the following requirements: (a) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire. (b) The tire meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulat…

“Waste tire” means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer’s original specifications. A waste tire includes a repairable tire, scrap tire, altered waste tire, and a u…

“Waste tire facility” means a location, other than a solid waste facility permitted pursuant to this division that receives for transfer or disposal less than 150 tires per day averaged on an annual basis, where, at any time, waste tires are stored, stockpiled, accumulated, or di…

Nothing in this chapter limits the authority of a local agency to regulate persons or businesses that store, stockpile, process, or dispose of waste tires. (Repealed and added by Stats. 1991, Ch. 717, Sec. 22.)

The board may delegate specific powers and authority in this chapter to enforcement agencies, as defined in Section 40130, including any of the following: (a) Review of operation plans submitted pursuant to regulations adopted under subdivision (a) of Section 42821. (b) Inspectio…

Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a permit for the operation of an existing waste tire facility pursuant to this chapter, except as to any substantial change in the design or operation of the waste tire faci…

(a) The board, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements necessary to obtain a major waste tire facility permit. The regulations adopted pursuant to this subdivision shall not b…

The regulations for a major waste tire facility permit shall include, but not be limited to, all of the following: (a) Requirements for submission of a detailed operations plan that contains the following components: (1) Fire prevention measures consistent with applicable regulat…

The board shall issue major waste tire facility permits pursuant to the regulations upon application therefor. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

Except as provided in Section 42823.5, no person shall establish a new major waste tire facility or expand an existing minor waste tire facility unless the person has obtained a major waste tire facility permit issued by the board pursuant to Section 42822. (Amended by Stats. 199…

(a) A cement manufacturing plant shall be exempt from the requirement to obtain a permit pursuant to Section 42823 if the operator of the cement manufacturing plant meets both of the following requirements: (1) The owner or operator of the cement manufacturing plant stores not mo…

On and after September 1, 1994, it is unlawful to direct or transport waste tires to a major waste tire facility or to accept waste tires at a major waste tire facility unless the operator has obtained a major waste tire facility permit. (Amended by Stats. 1992, Ch. 1293, Sec. 15…

(a) Any person who accepts waste tires at a major waste tire facility that has not been issued a permit or an authorization to operate from the board, or who knowingly directs, transports, or abandons waste tires to or at a major waste tire facility that has not been issued a per…

(a) On or before December 1, 1991, the board, in consultation with the State Fire Marshal and the State Department of Health Services, shall adopt emergency regulations setting forth the procedures and requirements necessary to obtain a minor waste tire facility permit. (b) Regul…

The board may exempt either of the following from the permit requirements of this article: (a) An owner or operator of a tire retreading business for the business site if not more than 3,000 waste tires are kept on the business premises. (b) A person using waste tires for agricul…

The regulations for minor waste tire facility permits shall include, but not be limited to, all of the following: (a) Fire prevention measures. (b) Vector control measures. (c) Other measures determined by the board to be necessary to protect the public health and safety. (Added …

The board shall issue minor waste tire facility permits pursuant to the regulations upon application therefor. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire facility unless the operator has obtained a minor waste tire facility permit. (Amended by Stats. 1992, Ch. 1293, Sec. 16. Eff…

(a) Any person who accepts waste tires at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board, or who knowingly directs, transports, or abandons waste tires to or at a minor waste tire facility that has not been issued a per…

A waste tire facility permit issued pursuant to this chapter is valid for five years unless suspended or revoked. The permit shall be renewed prior to the expiration thereof. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.)

(a) In addition to the authority specified in Section 42843, the department may reject a waste tire facility permit application if, at the time the application is submitted to the department, the department finds the operator of the waste tire facility has exceeded the amount of …

(a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal service or certified mail, in accordance with Section 42852, if the applicant for, or holder of, the permit, does any of t…

(a) The department may immediately suspend any permit issued pursuant to this chapter if the department determines that the action is necessary to prevent or mitigate an imminent or substantial endangerment to the public health or safety or the environment. (b) The department sha…

(a) (1) A person who stores, stockpiles, or accumulates waste tires at a location for which a waste tire facility permit is required pursuant to this chapter, or in violation of the terms and conditions of the permit, the provisions of this chapter, or the regulations adopted und…

(a) The board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in Section 42845 which in its judgment is required by the magnitude of endeavor or the need for prompt action to prevent substantial pollution,…

If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter onto the property and perform all necessary cleanup, abatement, or remedial work as authorized under Section 42846, the …

If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person or persons who unlawfully stored, stockpiled, or accumulated the waste tires or…

(a) Any costs or damages incurred by the department under this article constitute a lien upon the real property owned by any responsible party that is subject to the remedial action. The lien shall attach regardless of whether the responsible party is insolvent. A lien imposed un…

If, despite reasonable efforts by the board to identify the person responsible for the unlawful storage, stockpiling, or accumulation of waste tires or the condition of pollution or nuisance, the person is not identified at the time cleanup, abatement, or remedial work must be pe…

(a) “Threaten” or “threat,” for purposes of this article, means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, prop…

(a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penalty of not less than five hundred dollars ($500) or more than five thousand dolla…

(a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, shall, upon conviction, be punished by a fine not to exceed ten thousand dollars ($10,000) for each day o…

(a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter. The accusation shall allege the acts or failures to act that constitute a basis for liability and the amount of the proposed civil liability. The…

(a) 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 f…

Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance, unless otherwise ordered by the director. Copies of these orders shall be served by personal service or by certif…

(a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of mandate for review of the decision. Any person who fails to file the petition within the 30-day period may not challenge the…