Article 2 - Registration and General Provisions

California Public Resources Code — §§ 42951-42957

Sections (7)

Amended by Stats. 2022, Ch. 542, Sec. 2. (SB 1181) Effective January 1, 2023.

(a)Every person who engages in the transportation of waste or used tires shall hold a valid waste and used tire hauler registration, unless exempt as specified in Section 42954.

(b)A registered waste and used tire hauler shall only transport waste or used tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the department, by statute, or by regulation, to accept waste and used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal.

§ 42952

Amended by Stats. 2012, Ch. 534, Sec. 15. (AB 1647) Effective January 1, 2013.

(a)Except as provided in Section 42954, a person engaged in transporting waste or used tires shall comply with all of the following requirements:

(1)The person shall be registered as a waste and used tire hauler with the department.

(2)The person shall not advertise or represent himself or herself as being in the business of a waste and used tire hauler without being registered as a waste and used tire hauler by the department.

(b)A tire broker shall register with the department.

§ 42953

Amended by Stats. 2022, Ch. 542, Sec. 3. (SB 1181) Effective January 1, 2023.

Any person who gives, contracts, or arranges with another person to transport waste or used tires shall utilize only a person holding a valid waste and used tire hauler registration from the department, unless the hauler is exempt as specified in Section 42954.

§ 42954

Amended by Stats. 2022, Ch. 542, Sec. 4. (SB 1181) Effective January 1, 2023.

(a)A person who hauls waste or used tires is exempt from registration under this chapter if at least one of the following conditions is met:

(1)The person transports fewer than 10 waste or used tires at any one time.

(2)The person is, or hauls used and waste tires in a vehicle owned and operated by, the United States, the State of California, or any county, city, town, or municipality in the state, except when the vehicle the public agency owns or operates is used as a waste and used tire carrier for hire.

(3)The waste or used tires were inadvertently mixed

or commingled with solid waste, and it is not economical or safe to remove or recover them.

(4)The load containing the used or waste tires originated outside the boundaries of the state and is destined for a point outside the boundaries of the state, if no waste or used tires are loaded or unloaded within the boundaries of the state.

(5)The person is hauling waste or used tires for agricultural purposes. However, notwithstanding Section 42961.5, a person hauling waste or used tires for agricultural purposes shall carry the manifest or manifest information required by paragraph (1) of subdivision (a) of Section 42961.5 in a format approved or required by the department in the vehicle during transportation, which may be destroyed after delivery.

(6)The waste or used tires were hauled by a common carrier who transported something other than waste or used tires to an original destination point and then transported waste or used tires on the return part of the trip, and the revenue derived from the waste or used tires is incidental when compared to the revenue earned by the carrier.

(7)The person, who is not a waste tire generating business, is transporting waste or used tires to an amnesty day event or to a location that meets the conditions specified in subdivision (b) of Section 42951, and has received written authorization, which includes specific conditions and dates, from the local enforcement agency. The local enforcement agency shall provide copies of any written authorizations to the department within 30 days of

their issuance.

(8)The person is transporting illegally dumped waste or used tires to an amnesty day event or to a location that meets the conditions specified in subdivision (b) of Section 42951, and has received written authorization, which includes specific conditions and dates and documentation that a police report has been filed for the illegally dumped tires, from the local enforcement agency. The local enforcement agency shall provide copies of any written authorizations to the department within 30 days of their issuance.

(9)The person complies with any additional conditions for exemption, as approved by the department.

(b)A person who transports tires to a location that does not meet the conditions

specified in subdivision (b) of Section 42951 shall not be exempt pursuant to subdivision (a), except as specified in paragraph (7) of subdivision (a).

§ 42955

Amended by Stats. 2022, Ch. 542, Sec. 5. (SB 1181) Effective January 1, 2023.

An application for a new or renewed waste and used tire hauler registration shall be made on a form approved by the department. The application shall include, but not be limited to, all of the following:

(a)A vehicle description, vehicle identification number, vehicle license number, and the name of the registered vehicle owner for each vehicle used for transporting waste or used tires.

(b)The business name under which the hauler operates, and the business owners’ name, address, and telephone number.

(c)Other business names under which the hauler

operates.

(d)A bond in favor of the State of California in the amount of ten thousand dollars ($10,000). Proof of bond renewal shall be submitted with the application for annual renewal of a waste and used tire hauler registration.

(e)Any additional information required by the department.

§ 42956

Amended by Stats. 2022, Ch. 542, Sec. 6. (SB 1181) Effective January 1, 2023.

(a)Upon approval of an application submitted pursuant to Section 42955, the department shall issue a waste and used tire hauler registration to be carried in the vehicle and a waste and used tire hauler decal to be permanently affixed to the lower right hand corner of the windshield.

(b)Any person who operates a vehicle or who authorizes the operation of a vehicle that transports 10 or more tires without a valid and current waste and used tire hauler registration, as issued by the department pursuant to Section 42955, shall be subject to the enforcement actions specified in Article 4 (commencing with Section 42962).

(c)The waste and used tire hauler registration shall be presented upon demand of an authorized representative of the department.

§ 42957

Added by Stats. 2012, Ch. 534, Sec. 16. (AB 1647) Effective January 1, 2013.

An application for a new or renewed tire broker registration shall be made in a format approved by the department. The application shall include, but not be limited to, all of the following:

(a)The business name under which the tire broker operates, and the business owner’s name, address, and telephone number.

(b)Other business names under which the tire broker operates.

(c)Any additional information required by the department.