Public Resources Code
Part 22 of 41 · provisions 4,201–4,400
This act is named the Public Resources Code.
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The Legislature states that increased requests to take water from state streams, especially for electric energy, may harm streamflows and dependent fish and wildlife resources. The Director of Fish and Game must identify and list state streams and watercourses that need minimum flow levels, include significant ones with findings, rank them by need, and finish the initial list by January 1, 1984. The Director of Fish and Game must prepare proposed streamflow requirements for each identified stream or watercourse and send them to the State Water Resources Control Board. The Director of Fish and Game may review any streamflow requirement and may propose changes, and any proposed change must be sent to the State Water Resources Control Board. The Department of Fish and Game must start studies to develop proposed streamflow requirements, and finish each study within three years.
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- 4260. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )
Regulations under this article may not block or reduce an owner’s or agent’s complete possession and use of an area, except that fireworks are not allowed in a designated hazardous fire area unless Section 4258 allows that use or possession.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4260. No regulation adopted pursuant to this article shall prohibit or curtail the complete possession and use of any area by the owner of the area or the owner’s agent, except that the use or possession of fireworks shall not be allowed in a hazardous fire area designated pursuant to Section 4258, other than as designated for their use or possession pursuant to that section. (Added by Stats. 1981, Ch. 1073, Sec. 4.5.) - 42600. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. )
The board must run a statewide public information and education program on integrated waste management.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. ) ## 42600. The board shall establish a statewide public information and education program to encourage participation by the general public, business, government, and industry in all phases of integrated waste management. To the maximum extent possible, the public information and education program developed pursuant to this chapter shall be coordinated so as to not duplicate the efforts of other state agency public information programs for the promotion of source reduction, recycling, and composting. The public information and education program shall encourage participation in the board’s integrated waste management programs and in local and regional programs. The board’s program shall, at a minimum, include strategies and specific campaign activities to do all of the following: (a) Encourage business and industry to reduce excess packaging of consumer products, to eliminate nonrecyclable contaminants from consumer goods, and to increase product durability. The board shall also promote waste handling practices which reduce waste generation by business and industry. (b) Encourage consumers to reduce waste generation through selective purchasing and to encourage recycling at home and work. (c) Encourage local government procurement of products containing recycled materials, integration of recycling into the community waste management infrastructure, and public participation in local waste management decisionmaking. (d) Implement a “Buy Recycled” campaign to encourage business, industrial, and residential consumers to purchase products manufactured with, or packaged in, recycled materials. To promote the “Buy Recycled” program, the board shall develop a directory of California vendors providing recycled products and shall work to dispel myths regarding the inferiority of recycled products. (e) Provide information to cities, counties, and regional agencies on programs implemented by the board pursuant to this section and strategies that may be pursued jointly by the board and cities, counties, and regional agencies to maximize coordination between state and local public information and education programs to reduce costs and improve efficiencies of state and local governments. (f) Develop and disseminate to cities, counties, and regional agencies model public information materials and programs that can be used by those agencies in compliance with Sections 41220 and 41420. (Amended by Stats. 1992, Ch. 1292, Sec. 57. Effective January 1, 1993.) - 42601. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. )
The board must measure public information program effectiveness using research that sets benchmarks and tracks results.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. ) ## 42601. The board shall measure public information program effectiveness through research which establishes program benchmarks and tracks results. The results of that measurement shall serve as the basis for program modification. (Amended by Stats. 1996, Ch. 1038, Sec. 26. Effective September 29, 1996.) - 42602. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. )
The board must use appropriate marketing techniques, including radio and television advertising, to spread its message.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. ) ## 42602. The board shall employ appropriate marketing techniques to disseminate its message, including radio and television advertising. The board may conduct paid advertising campaigns or solicit joint sponsorship of advertising campaigns by private industry for the purposes of complying with this chapter. (Repealed and added by Stats. 1991, Ch. 717, Sec. 20.) - 42604. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. )
The State Board of Education must add language on integrated waste management to the science framework.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. ) ## 42604. On or before January 1, 1993, the State Board of Education shall include in the science framework appropriate language addressing the issue of integrated waste management in the ecology and environmental studies areas. (Repealed and added by Stats. 1991, Ch. 717, Sec. 20.) - 42605. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. )
The State Department of Education must encourage participation in the integrated waste management education program, working with the California Integrated Waste Management Board.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12. Public Information and Education [42600 - 42605] ( Chapter 12 repealed and added by Stats. 1991, Ch. 717, Sec. 20. ) ## 42605. The State Department of Education shall encourage participation in the integrated waste management education program established pursuant to this chapter in cooperation with the California Integrated Waste Management Board to satisfy the teaching requirements of the science framework adopted by the State Board of Education. (Added by Stats. 1991, Ch. 717, Sec. 20.) - 42620. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. )
The Legislature says school districts throughout California should be helped to set up and carry out source reduction and recycling programs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. ) ## 42620. (a) The Legislature finds as follows: (1) There are 1,029 school districts and 7,170 schools in California. (2) Source reduction and recycling programs in the schools will significantly assist cities and counties in meeting the solid waste diversion goals set for 1995 and the year 2000, by Section 41780. (3) Source reduction and recycling programs in the schools will also educate children on the importance of these activities, and will teach them waste management skills that will last throughout their lives. (b) The Legislature, therefore, declares that school districts throughout the state should be assisted in establishing and implementing source reduction and recycling programs. (Added by Stats. 1991, Ch. 843, Sec. 1.) - 42621. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. )
The board must develop and run a source reduction and recycling program for school districts.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. ) ## 42621. The board shall develop and implement a source reduction and recycling program for school districts which shall include, but not be limited to, all of the following elements: (a) A survey of school districts throughout the state to determine which districts already have source reduction and recycling programs and which districts need those programs. (b) Development of a model waste reduction and recycling program for school districts. (c) Providing training for school districts on how to implement source reduction and recycling programs. (d) Providing ongoing technical and informational assistance for school districts implementing source reduction and recycling programs. (e) Establishment of a repository of literature and teaching materials from other states and institutions which have instituted source reduction and recycling programs for their waste stream. (f) Determining the types of equipment needed by school districts to implement source reduction recycling programs. (g) Providing assistance to school districts in locating markets for their reusable or recyclable materials. (h) Disseminating information to school districts on office equipment and other items which are made from recycled materials and which are available for purchase by school districts. (Amended by Stats. 1993, Ch. 663, Sec. 14. Effective January 1, 1994.) - 42622. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. )
The school district source reduction and recycling program must be designed, to the extent feasible, to support related educational goals and science curriculum waste-management topics.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.5. Schoolsite Source Reduction and Recycling [42620 - 42622] ( Chapter 12.5 added by Stats. 1991, Ch. 843, Sec. 1. ) ## 42622. The source reduction and recycling program for school districts developed pursuant to Section 42621 shall, to the extent feasible, be designed to complement and further the educational goals of the supplementary educational materials developed pursuant to Part 4 (commencing with Section 71300) of Division 34, and the integrated waste management issues addressed within the science curriculum framework developed by the State Board of Education. (Amended by Stats. 2003, Ch. 665, Sec. 5. Effective January 1, 2004.) - 42630. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 1. Legislative Findings [42630- 42630.] ( Article 1 added by Stats. 2001, Ch. 926, Sec. 4. )
This section states legislative findings and goals for school districts and schoolsites to use source reduction, recycling, and composting programs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 1. Legislative Findings [42630- 42630.] ( Article 1 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42630. (a) It is the intent of the Legislature, by enacting this chapter, to accomplish all of the following: (1) Every school district and schoolsite in this state will be encouraged to implement source reduction, recycling, and composting programs that would do all of the following: (A) Reduce waste and conserve resources. (B) Provide pupils with a “hands-on” learning experience. (C) Minimize the expenditure of taxpayer and education dollars on solid waste collection and disposal. (2) School districts and individual schoolsites will cooperate with cities and counties in developing plans and programs to meet and exceed the state’s 50 percent waste reduction and recycling mandate. (3) To the maximum extent feasible, school districts and schools will utilize products and supplies made from recycled materials. (4) The State Department of Education, the State Board of Education, the California Environmental Protection Agency, and the Natural Resources Agency, will coordinate efforts in the development, dissemination, and promotion of the use of environmental education programs for pupils. (b) The Legislature, therefore, declares that school districts throughout the state should be assisted in establishing and implementing source reduction and recycling programs. (Amended by Stats. 2011, Ch. 347, Sec. 40. (SB 942) Effective January 1, 2012.) - 42635. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 2. Definitions [42635- 42635.] ( Article 2 added by Stats. 2001, Ch. 926, Sec. 4. )
This section defines terms used in the chapter, including “environmentally preferable product,” “local agency,” “office,” “school”/“schoolsite,” and “school district.”
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 2. Definitions [42635- 42635.] ( Article 2 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42635. For purposes of this chapter, the following definitions shall apply: (a) “Environmentally preferable product” means a product that promotes healthy indoor environments for children, and demonstrates the use of the environmentally preferable materials and systems. When compared to other similar products with similar functions an environmentally preferable product has some, or all, of the following characteristics relative to those similar products serving similar functions: (1) Less hazardous to public health, safety, and the environment. (2) Consumes less energy in their manufacture or use. (3) Contains more, or any amount of, recycled or post-consumer material content in their manufacture. (4) Results in less potential waste. (5) Results in less harm to indoor air quality. (6) Consumes less water. (7) Include features, or is manufactured from materials, that promotes recycling or reuse of the product. (b) “Local agency” means a city that has prepared, adopted, and submitted to the county a source reduction and recycling element pursuant to Section 41000, and a county that has prepared and submitted to the board an integrated waste management plan pursuant to Section 41570. (c) “Office” means a county office of education. (d) “School” or “schoolsite” means a public elementary or secondary school. (e) “School district” has the same meaning as defined in Section 80 of the Education Code. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42638. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 3. Diversion [42638- 42638.] ( Article 3 added by Stats. 2001, Ch. 926, Sec. 4. )
School districts and offices may work with local agencies to run solid waste management programs that increase diversion from landfill disposal or transformation facilities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 3. Diversion [42638- 42638.] ( Article 3 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42638. Each school district and office may coordinate with local agencies to implement solid waste management programs to maximize the diversion of solid waste from landfill disposal or transformation facilities. This coordination between the school district or office and the local agency may include, but is not limited to, assessing the school district’s solid waste and diversion needs and developing new or expanding existing integrated waste management programs, including waste prevention, recycling and composting programs. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42640. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 4. Models and School Waste Reduction Tools [42640- 42640.] ( Article 4 added by Stats. 2001, Ch. 926, Sec. 4. )
The board must develop school waste reduction models and tools by July 1, 2002 and make them available online to local agencies, schools, and school districts.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 4. Models and School Waste Reduction Tools [42640- 42640.] ( Article 4 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42640. (a) On or before July 1, 2002, after researching and determining the best waste reduction practices for school districts and schoolsites, the board shall develop models and school waste reduction tools, based upon the program developed pursuant to Section 42621, that may be used by schools, school districts, offices, and local agencies to implement waste reduction programs. The models and tools may include, but not be limited to, all of the following: (1) Waste prevention, recycling, composting, procurement, and green building elements that, when properly implemented, create hands-on learning experiences for pupils and result in a greater reduction in schoolsite and school district solid waste generation than currently exists. (2) Model waste reduction programs that may be implemented by the local agencies, schoolsites, and school districts. (3) Environmental, economic, and educational benefits of implementing waste reduction programs. (b) The board shall make the models and tools available and downloadable to local agencies, schools, and school districts from the board’s Web site. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42641. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 5. Training, Assistance, and Information [42641 - 42642] ( Article 5 added by Stats. 2001, Ch. 926, Sec. 4. )
The board must provide training and ongoing technical and informational assistance for waste reduction programs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 5. Training, Assistance, and Information [42641 - 42642] ( Article 5 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42641. The board shall provide training and ongoing technical and informational assistance to local agencies, offices, schools, and school districts on implementing waste reduction programs. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42642. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 5. Training, Assistance, and Information [42641 - 42642] ( Article 5 added by Stats. 2001, Ch. 926, Sec. 4. )
The Division of the State Architect must keep on its website lists of environmentally preferable and recycled products for school facilities, and the board must notify each school district where those lists are located.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 5. Training, Assistance, and Information [42641 - 42642] ( Article 5 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42642. The Division of the State Architect, in consultation with the board, shall develop and maintain on its Web site, a list of environmentally preferable products and a list of recycled products that may be used in the construction and modernization of school facilities. The board shall provide notice to each school district of the existence of these lists and their location on these Web sites. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42645. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. )
The board must create a grant program for school districts and schools, and must adopt grant-awarding criteria after consulting state education authorities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42645. (a) The board, in consultation with the State Department of Education and the State Board of Education, shall establish a program to provide grants to school districts and schools to assist in the development and implementation of educational programs and to promote the use of existing educational programs to teach the concepts of source reduction, recycling, and composting. (b) The board, in consultation with the State Department of Education and the State Board of Education, shall adopt criteria for awarding grants pursuant to this article, including, but not limited to, the grant’s structure, the schedule for awarding grants, and grant amount limits. These criteria shall include, but not be limited to, a procedure for the geographic distribution of the grants and the appropriate representation of elementary, middle, and high school as grant recipients. In adopting this criteria, the board shall include, in the criteria, the extent to which an office, a school district, or a school has demonstrated a commitment to achieving the following goals: (1) The adoption of waste reduction and recycling programs and practices. (2) The adoption and implementation of the unified education strategy adopted pursuant to Part 4 (commencing with Section 71300) of Division 34. (3) The allocation of adequate space for the safe collection, storage, and loading of recyclable materials. (4) To the maximum extent feasible, the use of recycled materials and environmentally preferable products in the construction or modernization of public school facilities. (5) Participation in the environmental ambassador pilot program established pursuant to Section 51226.4 of the Education Code. (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the adoption of criteria for the awarding of grants pursuant to this article is not the adoption of a regulation, and is exempt from the requirements of that chapter. (Amended by Stats. 2011, Ch. 347, Sec. 41. (SB 942) Effective January 1, 2012.) - 42646. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. )
The board must evaluate school waste reduction and recycling programs by January 1, 2004, and if fewer than 75% of schools have such a program, it must recommend statutory changes to the Legislature.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42646. On or before January 1, 2004, the board shall evaluate the implementation of school waste reduction and recycling programs in the state’s schools and if the board determines less than 75 percent of schools have implemented a waste reduction and recycling program, the board shall recommend to the Legislature those statutory changes needed to require schools to implement such a program. (Added by Stats. 2001, Ch. 926, Sec. 4. Effective January 1, 2002.) - 42647. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. )
The board may enter into an interagency agreement with the State Department of Education or other state agencies to help implement the chapter and related Education Code provisions.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.6. Schoolsite Source Reduction and Recycling Assistance Program [42630 - 42647] ( Chapter 12.6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## ARTICLE 6. Grants [42645 - 42647] ( Article 6 added by Stats. 2001, Ch. 926, Sec. 4. ) ## 42647. The board may enter into an interagency agreement with the State Department of Education or other state agencies to implement this chapter, Part 4 (commencing with Section 71300) of Division 34, and Sections 33541 and 51226.4 of the Education Code. (Amended by Stats. 2003, Ch. 665, Sec. 7. Effective January 1, 2004.) - 42648. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
This section defines key terms used in the large venue recycling chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648. For purposes of this chapter, the following definitions apply: (a) “Individual” means a person who works at, or attends, a large venue or large event, or a customer who is seated or served at the large venue or large event. (b) “Large event” means an event that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, including, but not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event, including, but not limited to, a sporting event or a flea market. (c) “Large venue” means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of this chapter, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purposes of this chapter, a site under common ownership or control that includes more than one large venue that is contiguous with other large venues in the site, is a single large venue. (d) “Local agency” means a city or county. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
The board must, by April 1, 2005, make model ordinances available, consult specified stakeholders, and post recycling-related information on its website.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.1. On or before April 1, 2005, the board shall take all of the following actions: (a) Make available one or more model ordinances that are suitable for modification by a local agency and that may be adopted by a local agency to facilitate solid waste reduction, reuse, and recycling programs, at large venues and large events in accordance with the requirements of this chapter. (b) While developing the model ordinance, consult with representatives of the League of California Cities, the California State Association of Counties, recyclers, private and public solid waste services and appropriate personnel involved with the operation and management of large venues and large events. (c) Post information on the board’s Internet Web site on the solid waste reduction, reuse, and recycling programs for implementation by operators of large venues and large events to decrease solid waste and increase diversion of recyclable materials. (d) Post information on the board’s Internet Web site for local agencies, with examples of solid waste reduction, reuse, and recycling programs, including, but not limited to, those operated by community conservation corps. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
Local agencies must give permit applicants recycling-related information, report top large venues and events to the board on a schedule, and the board must review the data and may recommend statutory changes if compliance is below 75 percent.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.2. (a) (1) On and after July 1, 2005, when issuing a permit to an operator of a large venue or large event, the local agency shall provide information to the operator on programs that can be implemented to reduce, reuse, and recycle solid waste materials generated at the venue or event, and provide contact information about where solid waste materials may be donated, recycled, or composted. This information may include, but is not limited to, providing information directing the operator of the large venue or large event to the board’s Web site or any other appropriate Web site included by the local agency, direct mailings, brochures, or other relevant literature. (2) On or before August 1, 2006, and annually thereafter until August 1, 2008, each local agency shall provide the board with an estimate and description of the top 10 percent of large venues and large events within its jurisdiction, based upon amount of solid waste generated, as submitted by operators of large venues and large events pursuant to Section 42648.3. To the extent that the information is readily available to the local agency, the information shall include the name, location, and a brief description of the venue or event, a brief description of the types of wastes generated, types, and estimated amount of materials disposed and diverted, by weight, and existing solid waste reduction, reuse, and recycling programs that the operator of the large venue or large event utilizes to reduce, reuse, and recycle the solid waste. This information shall be reported to the board as a part of the local agency’s annual report submitted pursuant to Section 41821. (b) On or before December 1, 2008, the board shall evaluate the solid waste reduction, reuse, and recycling rates and implementation of waste reduction, reuse, and recycling plans in the top 10 percent of large venues and large events as reported by each local agency pursuant to paragraph (2) of subdivision (a). If the board, upon reviewing the information reported to the board by local agencies pursuant to paragraph (2) of subdivision (a), determines that less than 75 percent of the solid waste reduction, reuse, and recycling plans for the large venues and large events have been prepared or implemented to meet their waste reduction, reuse, and recycling rates developed pursuant to subdivision (a) of Section 42648.4, according to the schedule determined pursuant to subdivision (b) of Section 42468.4, the board shall recommend to the Legislature those statutory changes needed to require operators of large venues and large events to implement waste reduction, reuse, and recycling plans. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
Operators of large venues or large events must provide the local agency requested written waste-reduction and diversion documentation, and must do so within one month of the request.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.3. On or before July 1, 2005, and on or before July 1 annually thereafter, each operator of a large venue or large event shall submit to the local agency, upon request by the local agency, written documentation of waste reduction, reuse, recycling, and diversion programs, if any, implemented at the large venue or large event, and the type and weight of materials diverted and disposed at that large venue or large event. If the operator of a large venue or large event cannot implement a program as provided in the solid waste reduction, reuse, and recycling plan, the operator shall include a brief explanation for the delay as part of its report to the local agency. The operator of the large venue or large event shall submit the requested information to the local agency, no later than one month from the date the operator receives the request. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
The operator of a large venue or large event must meet with recyclers and the solid waste provider on a recurring schedule to identify suitable waste reduction, reuse, and recycling programs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.4. On or before July 1, 2005, and on or before July 1, biennially thereafter, the operator of a large venue or large event shall meet with recyclers and with the solid waste enterprise that provides solid waste handling services to the large venue or large event, whether by an exclusive franchise with the local agency, or by a permit, contract, or nonexclusive franchise, to determine the solid waste reduction, reuse, and recycling programs that are appropriate for the large venue or large event. In determining feasible solid waste reduction, reuse, and recycling programs, the operator may do any of the following: (a) Develop solid waste reduction, reuse, and recycling rates and a solid waste reduction, reuse, and recycling plan that would achieve those solid waste reduction, reuse, and recycling rates. (b) Determine a timeline for implementation of the solid waste reduction, reuse, and recycling plan and solid waste reduction, reuse, and recycling rates. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
The board must provide technical assistance and tools to help carry out this chapter, if feasible within existing financial resources.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.5. The board shall provide technical assistance and tools to implement this chapter, to the extent feasible under existing financial resources. This technical assistance may include, but is not limited to, model documents, training, research on solid waste management best practices, cost reduction, and innovative products to assist local agencies and operators of large venues and large events to develop and implement effective solid waste reduction, reuse, and recycling plans and rates. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42648.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
If a large venue or large event has contiguous parcels in both the City and County of Los Angeles, this chapter applies only to the local agency with the majority of the property.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.6. If a large venue or large event has contiguous parcels located in both the City of Los Angeles and the County of Los Angeles, the requirements of this chapter shall apply only to the local agency containing the majority of the property for that large venue or large event. (Amended by Stats. 2005, Ch. 22, Sec. 165. Effective January 1, 2006.) - 42648.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. )
A local agency may charge and collect a fee from an operator of a large venue or large event to recover its estimated compliance costs under this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.7. Large Venue Recycling [42648 - 42648.7] ( Chapter 12.7 added by Stats. 2004, Ch. 879, Sec. 2. ) ## 42648.7. A local agency may charge and collect a fee from an operator of a large venue or large event in order to recover the local agency’s estimated costs incurred in complying with this chapter. (Added by Stats. 2004, Ch. 879, Sec. 2. Effective January 1, 2005.) - 42649. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
This section states the Legislature’s intent to require businesses to recycle the solid waste they generate and to give jurisdictions flexibility in running commercial recycling programs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649. (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate. (b) It is the intent of the Legislature to allow jurisdictions flexibility in developing and maintaining commercial solid waste recycling programs. (c) It is the intent of the Legislature to reduce greenhouse gas emissions by diverting commercial solid waste to recycling efforts and to expand the opportunity for additional recycling services and recycling manufacturing facilities in California. (Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.) - 42649.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
This section defines several terms used in the chapter, including business, commercial solid waste, commercial waste generator, full-service restaurant, park, and self-hauler.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.1. For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) “Commercial solid waste” includes all types of solid waste generated by a store, office, or other commercial or public entity source, including a business or a multifamily dwelling of five or more units. (c) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2. (d) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request. (2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area. (3) The food and beverage orders are delivered directly to the consumer, unless the establishment is buffet style or self-service. (4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer, unless the establishment is buffet style or self-service. (5) The check is delivered directly to the consumer at the assigned eating area. (e) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility. (f) “Self-hauler” means a business that hauls its own waste rather than contracting for that service. (Amended by Stats. 2021, Ch. 56, Sec. 1. (AB 504) Effective January 1, 2022.) - 42649.2. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
Covered businesses and multifamily dwellings must arrange recycling services, and certain businesses must provide customer recycling bins and signage.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.2. (a) A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consistent with state or local laws or requirements, including a local ordinance or agreement, applicable to the collection, handling, or recycling of solid waste, to the extent that these services are offered and reasonably available from a local service provider. (b) A commercial waste generator shall take at least one of the following actions: (1) Source separate recyclable materials from solid waste and subscribe to a basic level of recycling service that includes collection, self-hauling, or other arrangements for the pickup of the recyclable materials. (2) Subscribe to a recycling service that may include mixed waste processing that yields diversion results comparable to source separation. (c) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide customers with a commercial solid waste recycling bin or container to collect material purchased on the premises and that fulfills all of the following requirements: (A) Is in the same area as a bin or container for trash other than recyclable commercial solid waste, except in restrooms. (B) Is visible and easily accessible. (C) Is clearly marked with educational signage indicating what is appropriate to place in the commercial solid waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices. (2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant provides its employees a commercial solid waste recycling bin or container to collect material purchased on the premises and implements a program to collect recyclable commercial solid waste. (3) With respect to a park that is subject to subdivision (a), this subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants. (4) The department shall develop model signage that businesses may use in implementing paragraph (1). (5) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022. (d) A property owner of a multifamily residential dwelling may require tenants to source separate their recyclable materials to aid in compliance with this section. (Amended by Stats. 2021, Ch. 56, Sec. 2. (AB 504) Effective January 1, 2022.) - 42649.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
Each jurisdiction must run a commercial solid waste recycling program, unless it already has one that meets this section’s requirements.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.3. (a) On and after July 1, 2012, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses subject to Section 42649.2, whether or not the jurisdiction has met the requirements of Section 41780. (b) If a jurisdiction already has a commercial solid waste recycling program as one of its diversion elements that meets the requirements of this section, it shall not be required to implement a new or expanded commercial solid waste recycling program. (c) The commercial solid waste recycling program shall be directed at a commercial waste generator, as defined in subdivision (c) of Section 42649.1, and may include, but is not limited to, any of the following: (1) Implementing a mandatory commercial solid waste recycling policy or ordinance. (2) Requiring a mandatory commercial solid waste recycling program through a franchise contract or agreement. (3) Requiring all commercial solid waste to go through either a source separated or mixed processing system that diverts material from disposal. (d) The commercial solid waste recycling program shall include education, outreach to, and monitoring of, businesses. A jurisdiction shall notify a business if the business is not in compliance with Section 42649.2. (e) The commercial solid waste recycling program may include enforcement provisions that are consistent with a jurisdiction’s authority, including a structure for fines and penalties. (f) The commercial solid waste recycling program may include certification requirements for self-haulers. (g) The department shall review a jurisdiction’s compliance with this section as part of the department’s review required by Section 41825. Each jurisdiction shall report the progress achieved in implementing its commercial recycling program, including education, outreach, identification, and monitoring, and if applicable, enforcement efforts, by providing updates in the annual report required by Section 41821. (h) The department may also review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, a commercial recycling program. (i) During its review pursuant to subdivision (g) or (h), the department shall determine whether each jurisdiction has made a good faith effort to implement its selected commercial recycling program. For purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement its commercial recycling program. During its review, the department may include, but is not limited to, the following factors in its evaluation of a jurisdiction’s good faith effort: (1) The extent to which businesses have complied with Section 42649.2, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are subscribing to service. (2) The recovery rate of the commercial waste from the material recovery facilities that are utilized by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses, and notifying those businesses that are out of compliance. (5) The availability of markets for collected recyclables. (6) Budgetary constraints. (7) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. (Amended by Stats. 2013, Ch. 509, Sec. 2. (AB 1398) Effective January 1, 2014.) - 42649.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
If a jurisdiction adds or expands a commercial solid waste recycling program to meet Section 42649.3, it does not have to revise its source reduction and recycling element or seek department approval, but it must update its annual report when the expansion or addition is necessary.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.4. (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.3, the jurisdiction shall not be required to revise its source reduction and recycling element, or obtain the department’s approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 1. (b) If an addition or expansion of a jurisdiction’s commercial solid waste recycling program is necessary, the jurisdiction shall update in its annual report required pursuant to Section 41821. (Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.) - 42649.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
This section leaves local agency authority intact to adopt or enforce stricter commercial solid waste recycling rules, and it also preserves certain existing local franchises, permits, and a business’s right to sell or donate recyclable materials.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.5. (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the requirements of this section or limit the authority of a local agency in a county with a population of less than 200,000 to require commercial solid waste recycling. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, or other local government agency. (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, or other local government agency. (3) The existing right of a business to sell or donate its recyclable materials. (Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.) - 42649.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
A local agency may charge and collect a fee from a commercial waste generator to recover its costs of complying with this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.6. A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency’s costs incurred in complying with this chapter. (Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.) - 42649.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. )
If the State Air Resources Board adopted commercial recycling regulations before the section’s effective date, the department must treat them as its own regulations and move them accordingly.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.8. Recycling of Commercial Solid Waste [42649 - 42649.7] ( Chapter 12.8 added by Stats. 2011, Ch. 476, Sec. 12. ) ## 42649.7. If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011–12 Regular Session of the Legislature adding this section, those regulations shall be deemed to have been adopted by the department, and they shall be added to the department’s regulations and deleted from the board’s regulations as if it were a change without regulatory effect. (Added by Stats. 2011, Ch. 476, Sec. 12. (AB 341) Effective January 1, 2012.) - 42649.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
This section defines several terms used in the organic waste recycling chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.8. For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock company, corporation, or association that is organized as a for-profit or nonprofit entity, or a multifamily residential dwelling. (b) “Commercial waste generator” means a business subject to subdivision (a) of Section 42649.2. (c) “Full-service restaurant” means an establishment with the primary business purpose of serving food, where food may be consumed on the premises, and an employee of the establishment takes all of the following actions: (1) The consumer is escorted or assigned to an assigned eating area. The employee may choose the assigned eating area or may seat the consumer according to the consumer’s need for accommodation or other request. (2) The consumer’s food and beverage orders are taken after the consumer has been seated at the assigned seating area. (3) The food and beverage orders are delivered directly to the consumer, unless the establishment is buffet style or self-service. (4) Any requested items associated with the consumer’s food or beverage order are brought to the consumer, unless the establishment is buffet style or self-service. (5) The check is delivered directly to the consumer at the assigned eating area. (d) “Organic waste” means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. (e) “Organic waste generator” means a business subject to subdivision (a) of Section 42649.81. (f) “Park” means a theme park, amusement park, water park, resort or entertainment complex, zoo, attraction, or similar facility. (g) “Rural jurisdiction” means a jurisdiction that is located entirely within one or more rural counties, or a regional agency comprised of jurisdictions that are located within one or more rural counties. (h) “Rural county” means a county that has a total population of less than 70,000 persons. (i) “Self-hauler” means a business that hauls its own waste rather than contracting for that service. “Self-haul” means to act as a self-hauler. (Amended by Stats. 2021, Ch. 56, Sec. 3. (AB 504) Effective January 1, 2022.) - 42649.81. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
Businesses above certain organic-waste thresholds must arrange organic waste recycling and, in some cases, provide customer recycling bins or containers.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.81. (a) (1) A business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.1, per week, shall arrange for recycling services specifically for organic waste in the manner specified in subdivision (b). (2) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during 2014, a business that generates two cubic yards or more per week of commercial solid waste shall arrange for the organic waste recycling services specified in paragraph (1), unless the department determines that this requirement will not result in significant additional reductions of organics disposal. (3) A business located in a rural jurisdiction that is exempted pursuant to paragraph (2) of subdivision (a) of Section 42649.82 is not subject to this chapter. (b) A business subject to subdivision (a) shall take at least one of the following actions: (1) Source separate organic waste from other waste and subscribe to a basic level of organic waste recycling service that includes collection and recycling of organic waste. (2) Recycle its organic waste onsite or self-haul its own organic waste for recycling. (3) Subscribe to an organic waste recycling service that may include mixed waste processing that specifically recycles organic waste. (4) Make other arrangements consistent with paragraph (3) of subdivision (b) of Section 42649.84. (c) A business that is a property owner may require a lessee or tenant of that property to source separate their organic waste to aid in compliance with this section. (d) (1) A business subject to subdivision (a) and that provides customers access to the business shall provide customers with an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and that fulfills all of the following requirements: (A) Is in the same area as a bin or container for trash other than recyclable organic waste, except in restrooms. (B) Is visible and easily accessible. (C) Is clearly marked with educational signage indicating what is appropriate to place in the organic waste recycling bin or container in accordance with state law and the local jurisdiction’s solid waste ordinances and practices. (2) Full-service restaurants are exempt from the requirements of this subdivision if the full-service restaurant provides its employees an organic waste recycling bin or container to collect material purchased on the premises for immediate consumption and implements a program to collect recyclable organic waste. (3) With respect to a park that is subject to subdivision (a), both of the following apply: (A) This subdivision only applies to permanent, nonmobile food service facilities with dedicated seating areas that are not full-service restaurants. (B) In lieu of providing an organic waste recycling bin or container as required by paragraph (1), a facility identified in this paragraph may implement a process for recycling organic waste from customers that yields results comparable to or greater in volume and quality to results attained by providing an organic waste recycling bin or container. (4) The department shall develop model signage that businesses may use in implementing paragraph (1). (5) For a park that is subject to subdivision (a), this subdivision shall apply on and after January 1, 2022. (e) A business generating organic waste shall arrange for the recycling services required by this section in a manner that is consistent with state and local laws and requirements, including a local ordinance or local jurisdiction’s franchise agreement, applicable to the collection, handling, or recycling of solid and organic waste. (f) When arranging for gardening or landscaping services, the contract or work agreement between a business subject to this section and a gardening or landscaping service shall require that the organic waste generated by those services be managed in compliance with this chapter. (g) (1) A multifamily residential dwelling that consists of fewer than five units is not a business for purposes of this chapter. (2) A business that is a multifamily dwelling is not required to arrange for the organic waste recycling services specified in subdivision (b) for food waste that is generated by the business. (h) If separate organic waste collection and recycling services are not offered through a local ordinance or local jurisdiction’s franchise agreement, a business generating organic waste may arrange for separate organic waste collection and recycling services, until the local ordinance or local jurisdiction’s franchise agreement includes organic waste recycling services. (Amended by Stats. 2021, Ch. 56, Sec. 4. (AB 504) Effective January 1, 2022.) - 42649.82. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
Each jurisdiction must run an organic waste recycling program aimed at diverting business-generated organic waste, and jurisdictions must report related program information to the department.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.82. (a) (1) In addition to the requirements of Section 42649.3, each jurisdiction shall implement an organic waste recycling program that is appropriate for that jurisdiction and designed specifically to divert organic waste generated by businesses subject to Section 42649.81, whether or not the jurisdiction has met the requirements of Section 41780. (2) (A) A county board of supervisors of a rural county may adopt a resolution, as prescribed in this paragraph, to make the rural county exempt from the requirements of this section. If a rural jurisdiction is a city, the city council may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from this section. If a rural jurisdiction is a regional agency comprised of jurisdictions that are located entirely within one or more rural counties, the board of the regional agency may adopt a resolution, as prescribed in this paragraph, to make the rural jurisdiction exempt from the requirements of this section. (B) A resolution adopted pursuant to subparagraph (A) shall include findings as to the purpose of and need for the exemption. (C) A resolution to exempt a rural jurisdiction pursuant to subparagraph (A) shall be submitted to the department at least six months before the operative date of the exemption. (D) On or after January 1, 2020, if the department determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year, all exemptions authorized by this paragraph shall terminate unless the department determines that applying this chapter to rural jurisdictions will not result in significant additional reductions of disposal of organic waste. (b) If a jurisdiction, as of January 1, 2016, has in place an organic waste recycling program that meets the requirements of this section, it is not required to implement a new or expanded organic waste recycling program. (c) The organic waste recycling program required by this section shall be directed at organic waste generators and may include, but is not limited to, one or more of the following: (1) Implementing a mandatory commercial organic waste recycling policy or ordinance that addresses organic waste recycling. (2) Requiring a mandatory commercial organic waste recycling program through a franchise contract or agreement. (3) Requiring organic waste to go through a source separated or mixed processing system that diverts material from disposal. (d) (1) The organic waste recycling program shall do all of the following: (A) Identify all of the following: (i) Existing organic waste recycling facilities within a reasonable vicinity and the capacities available for materials to be accepted at each facility. (ii) Existing solid waste and organic waste recycling facilities within the jurisdiction that may be suitable for potential expansion or colocation of organic waste processing or recycling facilities. (iii) Efforts of which the jurisdiction is aware that are underway to develop new private or public regional organic waste recycling facilities that may serve some or all of the organic waste recycling needs of the commercial waste generators within the jurisdiction subject to this chapter, and the anticipated timeframe for completion of those facilities. (iv) Closed or abandoned sites that might be available for new organic waste recycling facilities. (v) Other nondisposal opportunities and markets. (vi) Appropriate zoning and permit requirements for the location of new organic waste recycling facilities. (vii) Incentives available, if any, for developing new organic waste recycling facilities within the jurisdiction. (B) Identify barriers to siting new or expanded compostable materials handling operations, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, and specify a plan to remedy those barriers that are within the control of the local jurisdiction. (C) Provide for the education of, outreach to, and monitoring of, businesses. The program shall require the jurisdiction to notify a business if the business is not in compliance with Section 42649.81. (2) For purposes of subparagraph (A) of paragraph (1), an “organic waste recycling facility” shall include compostable materials handling operations, as defined in paragraph (12) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations, and may include other facilities that recycle organic waste. (e) The organic waste recycling program may include any one or more of the following: (1) Enforcement provisions that are consistent with the jurisdiction’s authority, including a structure for fines and penalties. (2) Certification requirements for self-haulers. (3) Exemptions, on a case-by-case basis, from the requirements of Section 42649.81 that are deemed appropriate by the jurisdiction for any of the following reasons: (A) Lack of sufficient space in multifamily complexes or businesses to provide additional organic material recycling bins. (B) The current implementation by a business of actions that result in the recycling of a significant portion of its organic waste. (C) The business or group of businesses does not generate at least one-half of a cubic yard of organic waste per week. (D) Limited-term exemptions for extraordinary and unforeseen events. (E) (i) The business or group of businesses does not generate at least one cubic yard of organic waste per week, if the local jurisdiction provides the department with information that explains the need for this higher exemption than that authorized by subparagraph (C). (ii) The information described in clause (i) shall be provided to the department with the information provided pursuant to subdivision (f). (iii) This subparagraph shall not be operative on or after January 1, 2020, if the department, pursuant to paragraph (2) of subdivision (a) of Section 42649.81, determines that statewide disposal of organic waste has not been reduced to 50 percent of the level of disposal during the 2014 calendar year. (f) (1) Each jurisdiction shall provide the department with information on the number of regulated businesses that generate organic waste and, if available, the number that are recycling organic waste. The jurisdiction shall include this information as part of the annual report required pursuant to Section 41821. (2) In addition to the information required by paragraph (1), each jurisdiction shall report to the department on the progress achieved in implementing its organic waste recycling program, including education, outreach, identification, and monitoring, on its rationale for allowing exemptions, and, if applicable, on enforcement efforts. The jurisdiction shall include this information as part of the annual report required pursuant to Section 41821. (g) (1) The department shall review a jurisdiction’s compliance with this section as part of the department’s review required by Section 41825. (2) The department also may review whether a jurisdiction is in compliance with this section at any time that the department receives information that a jurisdiction has not implemented, or is not making a good faith effort to implement, an organic waste recycling program. (h) During a review pursuant to subdivision (g), the department shall determine whether the jurisdiction has made a good faith effort to implement its selected organic waste recycling program. For purposes of this section, “good faith effort” means all reasonable and feasible efforts by a jurisdiction to implement its organic waste recycling program. During its review, the department may include, but is not limited to, consideration of the following factors in its evaluation of a jurisdiction’s good faith effort: (1) The extent to which businesses have complied with Section 42649.81, including information on the amount of disposal that is being diverted from the businesses, if available, and on the number of businesses that are complying with Section 42649.81. (2) The recovery rate of the organic waste from the material recovery facilities that are used by the businesses, all information, methods, and calculations, and any additional performance data, as requested by the department from the material recovery facilities pursuant to Section 18809.4 of Title 14 of the California Code of Regulations. (3) The extent to which the jurisdiction is conducting education and outreach to businesses. (4) The extent to which the jurisdiction is monitoring businesses and notifying those businesses that are not in compliance. (5) The appropriateness of exemptions allowed by the jurisdiction. (6) The availability of markets for collected organic waste recyclables. (7) Budgetary constraints. (8) In the case of a rural jurisdiction, the effects of small geographic size, low population density, or distance to markets. (9) The availability, or lack thereof, of sufficient organic waste processing infrastructure, organic waste recycling facilities, and other nondisposal opportunities and markets. (10) The extent to which the jurisdiction has taken steps that are under its control to remove barriers to siting and expanding organic waste recycling facilities. (Amended by Stats. 2021, Ch. 56, Sec. 5. (AB 504) Effective January 1, 2022.) - 42649.83. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
A jurisdiction that adds or expands an organic waste recycling program to meet Section 42649.82 does not have to revise its source reduction and recycling element or get department approval.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.83. (a) If a jurisdiction adds or expands an organic waste recycling program to meet the requirements of Section 42649.82, the jurisdiction shall not be required to revise its source reduction and recycling element or obtain the department’s approval pursuant to Article 1 (commencing with Section 41800) of Chapter 7 of Part 2. (b) If an addition or expansion of a jurisdiction’s organic waste recycling program is necessary, the jurisdiction shall include this information in the annual report required pursuant to Section 41821. (Added by Stats. 2014, Ch. 727, Sec. 1. (AB 1826) Effective January 1, 2015.) - 42649.84. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
This section preserves local authority to adopt and enforce stricter organic-waste recycling rules and keeps certain existing rights and local land-use powers unchanged.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.84. (a) This chapter does not limit the authority of a local governmental agency to adopt, implement, or enforce a local organic waste recycling requirement, or a condition imposed upon a self-hauler, that is more stringent or comprehensive than the requirements of this chapter. (b) This chapter does not modify, limit, or abrogate in any manner any of the following: (1) A franchise granted or extended by a city, county, city and county, or other local governmental agency. (2) A contract, license, or permit to collect solid waste previously granted or extended by a city, county, city or county, or other local governmental agency. (3) The existing right of a business to sell or donate its recyclable organic waste materials. (c) Notwithstanding any other requirement of this chapter, nothing in this chapter modifies, limits, or abrogates the authority of a local jurisdiction with respect to land use, zoning, or facility siting decisions by or within that local jurisdiction. (Added by Stats. 2014, Ch. 727, Sec. 1. (AB 1826) Effective January 1, 2015.) - 42649.85. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
A local governmental agency may charge and collect a fee from an organic waste generator to recover compliance costs under this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.85. A local governmental agency may charge and collect a fee from an organic waste generator to recover the local governmental agency’s costs incurred in complying with this chapter. (Added by Stats. 2014, Ch. 727, Sec. 1. (AB 1826) Effective January 1, 2015.) - 42649.86. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. )
The department must work on organic waste recycling issues, including permitting, siting, cooperation with other agencies and industry, and posting financing information on its website.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 12.9. Recycling of Organic Waste [42649.8 - 42649.86] ( Chapter 12.9 added by Stats. 2014, Ch. 727, Sec. 1. ) ## 42649.86. (a) The department shall identify and recommend actions to address, with regard to both state agencies and the federal government, the permitting and siting challenges associated with composting and anaerobic digestion, and to encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with the California Environmental Protection Agency and other state and regional agencies. These other state and regional agencies shall include, but are not limited to, the State Air Resources Board, the State Energy Resources Conservation and Development Commission, the Public Utilities Commission, the Department of Food and Agriculture, the State Water Resources Control Board, California regional water quality control boards, and air pollution control and air quality management districts. (b) The department shall cooperate with local governmental agencies and industry to provide assistance for increasing the feasibility of organic recycling by promoting processing opportunities and the development of new infrastructure of sufficient capacity to meet the needs of generators, and developing sufficient end-use markets throughout the state for the quantity of organic waste required to be diverted. (c) The department shall identify and post on its Internet Web site state financing mechanisms and state funding incentives that are available for in-state development of organic waste infrastructure to help the state achieve its greenhouse gas reduction goals and waste reduction goals. (Added by Stats. 2014, Ch. 727, Sec. 1. (AB 1826) Effective January 1, 2015.) - 42650. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13. Research and Development Program [42650 - 42651] ( Chapter 13 added by Stats. 1989, Ch. 1096, Sec. 2. )
The board may set up and run research and development programs for waste management, if the priorities match Section 40051 and, for conducting programs, the Legislature has appropriated funds.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13. Research and Development Program [42650 - 42651] ( Chapter 13 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42650. The board may establish a research and development program, based on priorities that are consistent with Section 40051, and designed to identify, develop, and refine processes and technologies that will assist state and local governments and private industries to implement innovative resource management and waste reduction programs. The board may conduct research and development programs, upon appropriation therefor by the Legislature, that include, but are not limited to, all of the following: (a) Establishing, in coordination with the Department of Conservation, a recycling extension service within the board to serve as a central clearinghouse for recycling research information. (b) Establishing cooperative research and development facilities at universities and colleges in the state. (c) Developing a research program to study the feasibility of using disposal site mining technology to extend the life of existing disposal sites, recover valuable resources, and to reuse the reclaimed disposal site in an environmentally sound manner. (d) Establishing a research program to identify educational and promotional methods that can effect environmentally positive changes in human behavior. (e) Conducting studies into hazards posed by special wastes and by ash and air emissions from the incineration of waste. (f) Conducting research to develop statistical tools to establish computer-based data bases on waste characteristics, special waste volumes, and county and regional waste capacities. (g) Analyzing disposal site encroachment problems and assisting local agencies in the development of effective public policy tools to discourage disposal site encroachment. (Amended by Stats. 1996, Ch. 1038, Sec. 29. Effective September 29, 1996.) - 42651. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13. Research and Development Program [42650 - 42651] ( Chapter 13 added by Stats. 1989, Ch. 1096, Sec. 2. )
When deciding what research and development may be undertaken under Section 42650, the board must prioritize funding for processes and technologies according to the hierarchy in Section 40051.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13. Research and Development Program [42650 - 42651] ( Chapter 13 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## 42651. In determining the types of research and development which may be undertaken pursuant to Section 42650, the board shall prioritize the allocation of funds for processes and technologies based upon the hierarchy established under Section 40051. (Added by Stats. 1992, Ch. 1292, Sec. 60. Effective January 1, 1993.) - 42652. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
The Legislature declares that organic disposal reduction targets are important to the statewide recycling goal, and that meeting them requires investment and stronger funding mechanisms for organics recycling capacity.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42652. The Legislature finds and declares all of the following: (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.01. (b) Achieving organic waste disposal reduction targets requires significant investment to develop organics recycling capacity. (c) More robust state and local funding mechanisms are needed to support the expansion of organics recycling capacity. (Added by Stats. 2016, Ch. 395, Sec. 6. (SB 1383) Effective January 1, 2017.) - 42652.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
The department must adopt regulations to meet organic waste reduction goals, and those regulations can set requirements and penalties for local jurisdictions and generators, but cannot set a numeric disposal limit for individual landfills.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42652.5. (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The regulations shall comply with all of the following: (1) May require local jurisdictions to impose requirements on generators or other relevant entities within their jurisdiction and may authorize local jurisdictions to impose penalties on generators for noncompliance. (2) (A) Shall include requirements intended to meet the goal that not less than 20 percent of edible food that is currently disposed of is recovered for human consumption by 2025. (B) The department shall evaluate ways to maximize the local benefits of edible food recovery programs, and explore circumstances in which recovered food may be more suitable for use in local animal feed operations. (3) Shall not establish a numeric organic waste disposal limit for individual landfills. (4) Shall evaluate ways to incentivize carbon farming that advances healthy soils. (5) May include different levels of requirements for local jurisdictions and phased timelines based upon their progress in meeting the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department shall base its determination of progress on relevant factors, including, but not limited to, reviews conducted pursuant to Section 41825, the amount of organic waste disposed compared to the 2014 level, per capita disposal rates, the review required by Section 42653, and other relevant information provided by a local jurisdiction. (6) (A) May include penalties to be imposed by the department for noncompliance. If penalties are included, they shall not exceed the amount authorized pursuant to Section 41850. (B) Notwithstanding any other law, administrative civil penalties for a local jurisdiction that fails to procure a quantity of recovered organic waste products that meets or exceeds its recovered organic waste product procurement target established by the department pursuant to Section 18993.1 of Title 14 of the California Code of Regulations shall be imposed pursuant to the following schedule: (i) On or after January 1, 2023, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 30 percent of its recovered organic waste product procurement target. (ii) On or after January 1, 2024, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 65 percent of its recovered organic waste product procurement target. (iii) On or after January 1, 2025, each jurisdiction shall procure a quantity of recovered organic waste products that meets or exceeds 100 percent of its recovered organic waste product procurement target. (7) Shall take effect on or after January 1, 2022, except the imposition of penalties pursuant to paragraph (1) shall not take effect until two years after the effective date of the regulations. (8) For purposes of determining a jurisdiction’s recovered organic waste procurement target pursuant to Section 18993.1 of Title 14 of the California Code of Regulations, the jurisdiction’s population shall not include the number of residents included in low population or elevation waivers granted by the department pursuant to Section 18984.12 of Title 14 of the California Code of Regulations. (9) Recognizing the continued economic and logistical challenges of organic waste recycling and procurement in rural jurisdictions, a jurisdiction in possession of a rural exemption pursuant to subdivision (c) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2024, shall remain exempt from complying with the organic waste collection services requirements specified in Article 3 (commencing with Section 18984) of, and the procurement requirements specified in Article 12 (commencing with Section 18993.1) of, Chapter 12 of Division 7 of Title 14 of the California Code of Regulations until January 1, 2037. The department shall adopt regulations to establish a process to renew the exemptions after that date for periods of up to five years. (10) Specify that bear bins are not required to comply with the lid color requirements established by Chapter 12 (commencing with Section 18981.1) of Division 7 of Title 14 of the California Code of Regulations. (11) The department may, in its discretion, create an adjusted recovered organic waste product procurement target schedule, not to exceed the requirements of the schedule set forth in this subdivision, which shall be exempt from the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code). (12) No later than January 1, 2027, the department shall amend subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations to include in the recovered organic waste products that a jurisdiction may procure to comply with Article 12 (commencing with Section 18993.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations pipeline biomethane converted exclusively from organic waste that is diverted from a landfill pursuant to Section 39730.6 of the Health and Safety Code and is consistent with Article 10 (commencing with Section 650) of Chapter 3 of Part 1 of Division 1 of the Public Utilities Code. (b) A local jurisdiction may charge and collect fees to recover the local jurisdiction’s costs incurred in complying with the regulations adopted pursuant to this section. (c) A local jurisdiction facing continuing violations of the regulations adopted pursuant to subdivision (a) that commence during the 2022 calendar year may submit to the department a notification of intent to comply, as described in this section. Upon approval by the department, and implementation by the local jurisdiction, of a notification of intent to comply that meets the requirements of subdivision (e), a local jurisdiction may be eligible for both of the following: (1) Administrative civil penalty relief for the 2022 calendar year pursuant to subdivision (d). (2) A corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations. (d) (1) For violations of the regulations that are disclosed in a notification of intent to comply that is approved by the department as meeting the requirements of subdivision (e), the department shall waive administrative civil penalties under paragraph (6) of subdivision (a) during the 2022 calendar year if, and administrative civil penalties shall not accrue under paragraph (6) of subdivision (a) during the 2022 calendar year if, the local jurisdiction implements the proposed actions according to the schedule proposed pursuant to paragraph (4) of subdivision (e). (2) For violations that commence during the 2022 calendar year and continue into the 2023 calendar year, administrative civil penalties may begin accruing as of January 1, 2023. Those administrative civil penalties accruing on and after January 1, 2023, shall be waived upon complete compliance with the terms of a corrective action plan pursuant to Section 18996.2 of Title 14 of the California Code of Regulations. (3) If a local jurisdiction fails to adhere to the proposed actions and schedule described in a notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may revoke its approval of the notification of intent to comply and impose administrative civil penalties for violations occurring during the 2022 calendar year retroactive to the date of violation. (4) Notwithstanding any proposed actions and schedule provided by a local jurisdiction in an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e), the department may instead address through a corrective action plan any violations disclosed in that notification that may take more than 180 days to correct. Under those circumstances, the proposed actions and schedule provided pursuant to an approved notification of intent to comply pursuant to paragraph (4) of subdivision (e) shall control until a corrective action plan is finalized. (e) The department shall approve a notification of intent to comply if the department determines the notification meets the requirements of this subdivision. A notification of intent to comply shall be in writing, adopted by formal resolution by the governing body of the local jurisdiction, and filed with the department no later than March 1, 2022. The notification of intent to comply shall include, at a minimum, all of the following: (1) A description, with specificity, of the continuing violations. (2) A detailed explanation of the reasons, supported by documentation, why the local jurisdiction is unable to comply. (3) A description of the impacts of the COVID-19 pandemic on compliance. (4) A description of the proposed actions the local jurisdiction will take to remedy the violations within the timelines established in Section 18996.2 of Title 14 of the California Code of Regulations with a proposed schedule for doing so. The proposed actions shall be tailored to remedy the violations in a timely manner. (f) The department shall respond in writing to a local jurisdiction within 45 business days of receiving a notification of intent to comply with an approval, disapproval, request for additional information, or timeline for a decision on approval or disapproval. If the department disapproves the notification of intent to comply due to the notification not meeting the requirements of subdivision (e), the department shall include in the response a justification for the disapproval. (g) Notwithstanding Section 18996.2 of Title 14 of the California Code of Regulations, the department may establish any maximum compliance deadline in a corrective action plan that it determines to be necessary and appropriate under the circumstances for the correction of a violation of the regulations adopted pursuant to subdivision (a). (h) A local jurisdiction may be credited for the procurement of recovered organic waste products without executing a direct service provider agreement with end users of recovered organic waste products if all of the following conditions are met: (1) The use of the recovered organic waste product by any entity is a result of the jurisdiction’s adoption or enforcement of ordinances, regulations, resolutions, or policies. (2) The jurisdiction complied with all other recordkeeping and reporting requirements related to procurement targets, including verification, as determined by the department, that an entity is procuring on behalf of the jurisdiction. (3) The recovered organic waste product is not applied to the recovered organic waste product procurement target of another jurisdiction. (i) (1) A local jurisdiction may count compost produced and procured from the following compost operations, as described in Section 17852 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, towards its recovered organic waste procurement target: (A) Vermicomposting operations. (B) Operations composting green material, agricultural material, food material, and vegetative food material, if the total amount of feedstock and compost onsite at any one time does not exceed 100 cubic yards and 750 square feet. (C) Mushroom compost. “Mushroom compost” means the composted growing substrate that remains after a crop has been harvested to completion. (2) Paragraph (1) applies if a local jurisdiction adopts an ordinance or other enforceable mechanism requiring compost and vermicompost procured by the jurisdiction to comply with this subdivision and to be used in a manner that meets the definition of “land application” in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities. (j) A local jurisdiction may count up to 10 percent of its recovered organic waste product procurement target with both of the following recovered organic waste products: (1) Mulch produced from tree trimming operations conducted by the jurisdiction or a service provider operating under contract to the jurisdiction when applied to landscape areas owned or managed by the jurisdiction or given away to residents, if the local jurisdiction does both of the following: (A) The local jurisdiction provides documentation of the amount of mulch used and distributed, and where it was applied. (B) The local jurisdiction adopts an ordinance or other enforceable mechanism requiring that mulch be used in a manner that meets the definition of “land application” in subparagraph (A) of paragraph (24.5) of subdivision (a) of Section 17852 of Title 14 of the California Code of Regulations and that meets the pathogen, metals, and physical contamination limits that apply to existing composting facilities. (2) Edible food recovered in compliance with Section 18991.1 of Title 14 of the California Code of Regulations generated from a commercial food generator located within the jurisdiction. The conversion factor to be used to convert tonnage in the annual recovered organic waste product procurement target for each jurisdiction to equivalent amounts of recovered organic waste product shall be one ton of edible food for each ton of organic waste in a recovered organic waste product procurement target. (3) Nothing in this paragraph shall be construed to limit the proportion of recovered organic waste products described in subdivision (f) of Section 18993.1 of Title 14 of the California Code of Regulations, as it read on January 1, 2024, that a jurisdiction can count toward its recovered organic waste procurement target. (k) To count recovered organic waste products listed in subdivisions (i) and (j) toward its recovered organic waste product procurement target, a local jurisdiction shall comply with applicable regulations. (l) (1) Subject to paragraph (2), and until December 31, 2035, the following direct expenditures by a local jurisdiction may count towards its recovered organic waste product procurement target: (A) Investments for community composting operations serving the jurisdiction, including, but not limited to, an investment made to establish or expand a compostable materials handling operation or community composting operation. (B) Equipment that is used only to apply compost or mulch, including, and limited to, compost spreaders, drag harrows, chippers, stump grinders, and blowers, if the jurisdiction uses the equipment to spread compost or mulch in compliance with procurement requirements during the same year that the purchase expense is applied toward its recovered organic waste product procurement target. (C) Development of compost or mulch distribution sites to make free compost and mulch accessible and available to residents. (2) (A) The department may determine, in regulations, the appropriate conversion factors for the direct expenditures in paragraph (1). The expenditures may count for up to 10 percent of a jurisdiction’s total procurement target. (B) Prior to the department’s adoption of regulations to implement this section, the conversion factor shall be twenty-one dollars and thirty-eight cents ($21.38) for each ton of organic waste in a product procurement target. (m) (1) One or more local jurisdictions within the same county may determine a local per capita procurement target using information from a local waste characterization study for a period not to exceed five years after the completion of the study. A waste characterization study shall be performed by the local jurisdiction or jurisdictions, which shall apply the results of a study to the total amount of landfill disposal attributed to the local jurisdiction or jurisdictions by the department’s Recycling and Disposal Reporting System. (2) A waste characterization study may be used if it meets all of the following criteria: (A) It was performed within the prior five years. This subparagraph does not require a jurisdiction to conduct a local waste characterization study within a specified five-year cycle or to wait for a recalculation of the annual recovered organic waste product procurement target pursuant to subdivision (b) of Section 18993.1 of Title 14 of the California Code of Regulations. (B) It includes all categories of organic waste used in the department’s most recent waste characterization study that was available at the time the waste characterization local study was performed. (C) It includes a statistically significant sampling of solid waste disposed by the local jurisdiction or jurisdictions for which the local per capita procurement target will be determined. (D) The geographic boundaries within which the study is conducted shall match the geographic boundaries of the jurisdiction or jurisdictions the local per capita procurement target will be applied to. (E) It uses the most recent formula for the per capita procurement target developed by the department. (F) The results of the study are submitted to the department in a form and manner determined by the department. (3) The department may establish in regulations criteria for approving the methodology of a local waste characterization study. (n) Commencing January 1, 2027, a local jurisdiction may procure a quantity of recovered organic waste products that meets or exceeds a five-year recovered organic waste product procurement target if the following conditions are met: (1) On or before January 1, 2027, and on or before January 1 every five years thereafter, the jurisdiction’s five-year recovered organic waste procurement requirement target is calculated by multiplying the annual procurement target by five. The department may grant a jurisdiction approval to begin the five-year period on any January 1 after January 1, 2027. (2) On or before January 1, 2027, the jurisdiction has notified the department that it intends to comply using a five-year target. (o) In adopting and revising regulations to implement this section, the department may consider both of the following: (1) The development and adoption of a conversion factor for one ton of organic waste and one ton of compost applied locally to count towards a local jurisdiction’s organic waste procurement target. (2) Other pathways to prioritize local use of compost. (p) (1) The department may adopt regulations it determines to be necessary to implement and enforce the changes made to this section by Chapter 508 of the Statutes of 2021 as emergency regulations. (2) Emergency regulations adopted pursuant to paragraph (1) shall be adopted in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and for purposes of that chapter, including Section 11349.6 of the Government Code, the adoption of these regulations is an emergency and shall be considered by the Office of Administrative Law as necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, emergency regulations adopted by the department pursuant to paragraph (1) shall be filed with, but not be repealed by, the Office of Administrative Law and shall remain in effect until January 1, 2024. (q) In order to reduce emissions from solid waste facilities that may be a potential source of methane emissions, the department, in conjunction with the Capital Programs and Climate Financing Authority and the California Infrastructure and Economic Development Bank, may provide information to the owners and operators of those facilities about financing that may be available to fund facility improvements to increase the capture, or reduce the escape, of methane emissions. (r) Consistent with the decisions in Scott v. Bd. of Equalization (1996) 50 Cal.App.4th 1597 and Schettler v. County of Santa Clara (1977) 74 Cal.App.3d 990, the free provision, or granting of incentive payments for use, of compost or mulch by a jurisdiction constitutes a public purpose resulting in the public benefits of reducing greenhouse gas emissions, increasing soil productivity and water retention, and facilitating diversion of organic waste and so shall not be construed to be gifts of public funds in violation of Section 6 of Article XVI of the California Constitution. This subdivision does not constitute a change in, but is declaratory of, existing law. (Amended by Stats. 2025, Ch. 710, Sec. 17.5. (AB 786) Effective January 1, 2026.) - 42652.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
A specified regulation provision is delayed until January 1, 2025 if the stated conditions are met, including a limit on landfill-disposal transport of biosolids.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42652.6. Paragraph (5) of subdivision (h) of Section 18993.1 of Title 14 of the California Code of Regulations, as that section read on January 1, 2022, does not apply until January 1, 2025, as long as the conditions in paragraphs (1) to (4), inclusive, of subdivision (h) of Section 18993.1 of Title 14 of the California Code of Regulations are fully met and no more than 50 percent as an annual average of the biosolids produced during the prior calendar year are transported to activities constituting landfill disposal before January 1, 2025. (Added by Stats. 2022, Ch. 344, Sec. 2. (AB 1985) Effective January 1, 2023.) - 42652.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
A qualifying agricultural crop preparation service is exempt from a specified California regulatory article if it shows the department, using the department’s required form and manner, that it has not disposed of organic waste in a landfill on or after January 1, 2016.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42652.7. Article 10 (commencing with Section 18991.1) of Chapter 12 of Division 7 of Title 14 of the California Code of Regulations does not apply to an agricultural crop preparation service, as defined in Section 3001 of Title 13 of the California Code of Regulations, that demonstrates to the department, in a form and manner developed by the department, that it has not disposed of organic waste, including, but not limited to, culls, fruit skins, hulls, leaves, seed pits, shells, and sticks, in a landfill on or after January 1, 2016. (Added by Stats. 2025, Ch. 719, Sec. 1. (AB 1046) Effective January 1, 2026.) - 42652.8. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
Some local jurisdictions can get a waiver until December 1, 2028 if they meet the population and waste-disposal limits.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42652.8. (a) Notwithstanding any other law or regulation, a local jurisdiction that does not qualify for a waiver pursuant to subdivision (a), (c), or (d) of Section 18984.12 of Title 14 of the California Code of Regulations, as that section read on January 1, 2023, that disposed of fewer than 5,000 tons of solid waste in 2014, and that has fewer than 7,500 people, qualifies for a waiver until December 1, 2028. (b) A local jurisdiction seeking a low population waiver pursuant to subdivision (a) shall apply to the department. The application shall include both of the following: (1) Information that establishes that the local jurisdiction meets the criteria in subdivision (a). (2) The number of tons of solid waste that the local jurisdiction disposed of in 2014 if the local jurisdiction has not submitted the 2014 data directly to the department’s disposal reporting system in 2014. (c) Beginning January 1, 2027, the department may, in its discretion, renew a waiver issued pursuant to subdivision (a) in accordance with subdivision (b) of Section 18984.12 of Title 14 of the California Code of Regulations. (d) For the purposes of this section, “local jurisdiction” includes a city, a county, a city and county, or a special district. (Added by Stats. 2023, Ch. 878, Sec. 1. (SB 613) Effective January 1, 2024.) - 42653. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
The department must analyze progress toward organic waste reduction goals by July 1, 2020, and may add regulatory incentives or requirements or recommend goal revisions if progress is insufficient.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42653. (a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made in achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The analysis shall include all of the following: (1) The status of new organics recycling infrastructure development, including the commitment of state funding and appropriate rate increases for solid waste and recycling services to support infrastructure expansion. (2) The progress in reducing regulatory barriers to the siting of organics recycling facilities and the timing and effectiveness of policies that will facilitate the permitting of organics recycling infrastructure. (3) The status of markets for the products generated by organics recycling facilities, including cost-effective electrical interconnection and common carrier pipeline injection of digester biomethane and the status of markets for compost, biomethane, and other products from the recycling of organic waste. (b) If the department determines that significant progress has not been made on the items analyzed pursuant to subdivision (a), the department may include incentives or additional requirements in the regulations described in Section 42652.5 to facilitate progress towards achieving the organic waste reduction goals for 2020 and 2025 established in Section 39730.6 of the Health and Safety Code. The department may, upon consultation with stakeholders, recommend to the Legislature revisions to those organic waste reduction goals. (Amended by Stats. 2022, Ch. 28, Sec. 142. (SB 1380) Effective January 1, 2023.) - 42654. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
This section says the chapter does not restrict a local jurisdiction’s authority to adopt, implement, or enforce additional requirements.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42654. This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter. (Added by Stats. 2016, Ch. 395, Sec. 6. (SB 1383) Effective January 1, 2017.) - 42655. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
The department must help local jurisdictions comply with this chapter, and this section does not reduce a local government’s duty to comply.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42655. (a) The department, in consultation with the State Air Resources Board, shall assist local jurisdictions in complying with the requirements of this chapter, including any regulations adopted by the department pursuant to Section 42652.5. (b) This section does not limit a local government’s obligation to comply with the requirements of this chapter, including any regulations adopted by the department pursuant to Section 42652.5. (Added by Stats. 2022, Ch. 445, Sec. 1. (SB 45) Effective January 1, 2023.) - 42656. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. )
By January 1, 2027, the Department of Resources Recycling and Recovery must develop and certify a program environmental impact report for small and medium compostable material handling facilities or operations that accept agricultural, food, and green materials.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 13.1. Short-Lived Climate Pollutants [42652 - 42656] ( Chapter 13.1 added by Stats. 2016, Ch. 395, Sec. 6. ) ## 42656. (a) By January 1, 2027, the Department of Resources Recycling and Recovery shall develop and certify a program environmental impact report pursuant to Section 15168 of Title 14 of the California Code of Regulations to streamline the permitting process for small and medium compostable material handling facilities or operations in the state that accept agricultural, food, and green materials. The program environmental impact report shall streamline the process with which jurisdictions can develop and site those facilities or operations to ensure organic material in the state is processed to its highest and best use. (b) For the purposes of this section, all of the following definitions apply: (1) “Agricultural material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations. (2) “Compostable material handling facility or operation” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations. (3) “Food material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations. (4) “Green material” has the same meaning as defined in Section 17852 of Title 14 of the California Code of Regulations. (5) “Medium compostable material handling facility or operation” means a facility or operation that handles more than 5,000 and not more than 12,500 cubic yards of material, including feedstock, compost material, additives, amendments, and finished compost at any one time. (6) “Small compostable material handling facility or operation” means a facility or operation that handles not more than 5,000 cubic yards of material, including feedstock, compost material, additives, amendments, and finished compost at any one time. (Added by Stats. 2024, Ch. 452, Sec. 1. (SB 1046) Effective January 1, 2025.) - 42700. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
The Director of Transportation must review and update bid specifications so they support recycled materials and do not lower highway or road construction quality.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42700. The Director of Transportation, upon consultation with the board, shall review and modify all bid specifications relating to the purchase of paving materials, and base, subbase, and pervious backfill materials, using recycled materials. The recycled materials shall include, but are not limited to, recycled asphalt pavement, crushed concrete subbase, foundry slag, asphalt flux produced from the reprocessing or re-refining of used oil, and paving materials utilizing recycled materials, including, but not limited to, crumb rubber from automobile tires, ash, and glass and glassy aggregates. The specifications shall be based on standards developed by the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. The standards and specifications shall provide for the use of recycled materials and shall not reduce the quality standards for highway and road construction. (Amended by Stats. 1996, Ch. 901, Sec. 2. Effective January 1, 1997.) - 42701. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
State procurement for paving and related materials must use recycled materials, unless the Director of Transportation finds them not cost effective.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42701. (a) In purchasing any materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agencies that provide construction and repair services, the State Procurement Officer shall contract for those items that utilize recycled materials in paving materials and base, subbase, and pervious backfill materials, unless the Director of Transportation determines that the use of the materials is not cost effective. In determining the cost-effectiveness of the materials subject to this section, the factors that the director shall consider include both of the following: (1) The lifespan and durability of the pavement containing the materials. (2) The maintenance cost of the pavement containing the materials. (b) This section also applies to any person who contracts with the Department of General Services or with any other state agency to provide these construction and repair services. (c) The recycled materials shall include, but are not limited to, recycled asphalt, crushed concrete subbase, foundry slag, and paving materials utilizing crumb rubber from automobile tires, ash, and glass and glassy aggregates. The specifications shall be based on the standards of the Department of Transportation for recycled paving materials and for recycled base, subbase, and pervious backfill materials. (Amended by Stats. 2006, Ch. 392, Sec. 2. Effective January 1, 2007.) - 42703. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
The Department of Transportation must use specified minimum amounts of crumb rubber in asphalt for state highway construction or repair projects, subject to listed exceptions and timing rules.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42703. (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or repair projects that use asphalt as a construction material: (1) On and after January 1, 2007, the Department of Transportation shall use, on an annual average, not less than 6.62 pounds of CRM per metric ton of the total amount of asphalt paving materials used. (2) On and after January 1, 2010, the Department of Transportation shall use, on an annual average, not less than 8.27 pounds of CRM per metric ton of the total amount of asphalt paving materials used. (3) On and after January 1, 2013, the Department of Transportation shall use, on an annual average, not less than 11.58 pounds of CRM per metric ton of the total amount of asphalt paving materials used. (b) (1) The annual average use of crumb rubber required in subdivision (a) shall be achieved on a statewide basis and shall not require the use of asphalt containing crumb rubber in each individual project or in a place where it is not feasible to use that material. (2) On and after January 1, 2007, and before January 1, 2015, not less than 50 percent of the asphalt pavement used to comply with the requirements of subdivision (a) shall be rubberized asphalt concrete. (3) On and after January 1, 2015, the Department of Transportation may use any material meeting the definition of asphalt containing crumb rubber, with respect to product type or specification, to comply with the requirements of subdivision (a). (c) (1) The Secretary of the Transportation Agency shall, on or before January 1 of each year, prepare an analysis comparing the cost differential between asphalt containing crumb rubber and conventional asphalt. The analysis shall include the cost of the quantity of asphalt product needed per lane mile paved and, at a minimum, shall include all of the following: (A) The lifespan and duration of the asphalt materials. (B) The maintenance cost of the asphalt materials and other potential cost savings to the department, including, but not limited to, reduced soundwall construction costs resulting from noise reduction qualities of rubberized asphalt concrete. (C) The difference between each type or specification of asphalt containing crumb rubber, considering the cost-effectiveness of each type or specification separately in comparison to the cost-effectiveness of conventional asphalt paving materials. (2) Notwithstanding subdivision (a), if, after completing the analysis required by paragraph (1), the secretary determines that the cost of asphalt containing crumb rubber exceeds the cost of conventional asphalt, the Department of Transportation shall continue to meet the requirement specified in paragraph (1) of subdivision (a), and shall not implement the requirement specified in paragraph (2) of subdivision (a). If the secretary determines, pursuant to an analysis prepared pursuant to paragraph (1), that the cost of asphalt containing crumb rubber does not exceed the cost of conventional asphalt, the Department of Transportation shall implement paragraph (2) of subdivision (a) within one year of that determination, but not before January 1, 2010. (3) Notwithstanding subdivision (a), if the Department of Transportation delays the implementation of paragraph (2) of subdivision (a), the Department of Transportation shall not implement the requirement of paragraph (3) of subdivision (a) until three years after the date the department implements paragraph (2) of subdivision (a). (d) For the purposes of complying with the requirements of subdivision (a), only crumb rubber manufactured in the United States that is derived from waste tires taken from vehicles owned and operated in the United States may be used. (e) The Department of Transportation and the board shall develop procedures for using crumb rubber and other derived tire products in other projects. (f) The Department of Transportation shall notify and confer with the East Bay Municipal Utility District before using asphalt containing crumb rubber on a state highway construction or repair project that overlays district infrastructure. (g) For purposes of this section the following definitions shall apply: (1) “Asphalt containing crumb rubber” means any asphalt pavement construction, rehabilitation, or maintenance material that contains reclaimed tire rubber and that is specified for use by the Department of Transportation. (2) “Crumb rubber” or “CRM” has the same meaning as defined in Section 42801.7. (3) “Rubberized asphalt concrete” or “RAC” means a paving material that uses an asphalt rubber binder containing an amount of reclaimed tire rubber that is 15 percent or more by weight of the total blend, and that meets other specifications for both the physical properties of asphalt rubber and the application of asphalt rubber, as defined in the American Society for Testing and Materials (ASTM) Standard Specification for Asphalt-Rubber Binder. (Amended by Stats. 2018, Ch. 198, Sec. 1. (AB 3246) Effective January 1, 2019.) - 42704. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
The Department of Transportation may set specifications for reclaimed asphalt pavement in hot mix asphalt mixes, and must report to the Legislature by March 1, 2016 on progress toward those specifications.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42704. (a) On or before January 1, 2014, the Department of Transportation may, with input from the Caltrans/Industry Rock Products Committee, establish specifications for the use of reclaimed asphalt pavement (RAP) of up to 40 percent for hot mix asphalt mixes. (b) Subdivision (a) does not limit the authority of the Department of Transportation to establish specifications for the use of reclaimed asphalt pavement in amounts greater than 40 percent for hot mix asphalt mixes. (c) (1) On or before March 1, 2016, the Department of Transportation shall submit a report to the Legislature in compliance with Section 9795 of the Government Code on its progress, since the year 2011, toward the development and implementation of the specifications for reclaimed asphalt pavement, as specified in subdivision (a). (2) This subdivision shall become inoperative on March 1, 2020, pursuant to Section 10231.5 of the Government Code. (Added by Stats. 2012, Ch. 230, Sec. 1. (AB 812) Effective January 1, 2013.) - 42704.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
A local agency with jurisdiction over a street or highway must, by January 1, 2017, either adopt certain Department of Transportation recycled-materials standards or explain at a regularly scheduled public hearing why it is not adopting them.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42704.5. By January 1, 2017, a local agency that has jurisdiction over a street or highway shall do either of the following: (a) Adopt the standards developed by the Department of Transportation pursuant to Section 42700 for recycled paving materials and for recycled base, subbase, and pervious backfill materials. (b) Discuss at a regularly scheduled public hearing of the local agency’s legislative or other governing body why the standards are not being adopted. (Added by Stats. 2014, Ch. 609, Sec. 1. (AB 2355) Effective January 1, 2015.) - 42704.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. )
A local agency with jurisdiction over a street or highway must use standard specifications that allow recycled materials, as far as feasible and cost effective, and must provide a bidder the reason if it cannot meet the required level by email.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 1. Recycled Materials [42700 - 42704.6] ( Article 1 heading added by Stats. 1995, Ch. 605, Sec. 2. ) ## 42704.6. (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in streets and highways. (b) The standard specifications described in subdivision (a) shall allow recycled materials at a level no less than the level allowed in the department’s standard specifications, as those standard specifications may be amended or updated from time to time, for all of the following: (1) Recycled base and subbase materials as set forth in Sections 25-1.02 and 26-1.02 of the department’s standard specifications. (2) Reclaimed asphalt pavement and other materials in asphalt as set forth in Section 39-2.02B of the department’s standard specifications. (3) Reclaimed aggregate, fly ash, returned plastic concrete, and other materials in concrete as set forth in Sections 90-1.02, 90-2.02, and 90-9 of the department’s standard specifications. (c) If a local agency’s standard specifications do not allow for the use of recycled materials at a level that is equal to or greater than the level allowed in the department’s standard specifications, as described in subdivision (b), on the basis that the use of those recycled materials at those levels is not feasible, a person bidding on a contract advertised by the local agency to supply materials subject to those specifications may request the local agency to provide the reason for that determination. The local agency shall provide the reason for that determination via email correspondence to the person’s official point of contact specified in the request. (d) This section does not prohibit a local agency that has jurisdiction over a street or highway from exceeding the maximum level allowed in the department’s standard specifications for the use of materials described in subdivision (b). (e) For purposes of this section, the following definitions apply: (1) “Department” means the Department of Transportation. (2) “Local agency that has jurisdiction over a street or highway” does not include any special district, any city whose population, according to the most recent census, is equal to or less than 25,000 people, or any county whose population, according to the most recent census, is equal to or less than 100,000 people. (Amended by Stats. 2025, Ch. 443, Sec. 1. (AB 978) Effective January 1, 2026.) - 42705. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 2. Tire-Fired Kilns [42705- 42705.] ( Article 2 added by Stats. 1995, Ch. 605, Sec. 3. )
The provision says California has a serious used-tire disposal problem and that using used tires as kiln fuel in cement manufacture may reduce fossil fuel use and air pollution.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 14. Paving Materials [42700 - 42705] ( Chapter 14 added by Stats. 1990, Ch. 35, Sec. 22. ) ## ARTICLE 2. Tire-Fired Kilns [42705- 42705.] ( Article 2 added by Stats. 1995, Ch. 605, Sec. 3. ) ## 42705. The Legislature hereby finds and declares as follows: (a) California currently faces a serious problem with respect to the collection, disposal, and recycling of used tires that are no longer consumer usable. (b) It is estimated that California has an existing tire inventory of at least 100 million tires, an amount which grows by over 20 million tires per year. (c) California has pursued several methods of tire disposal including, but not limited to, shredding and as an additive to asphalt for paving material. (d) The cement industry in California has implemented a process that utilizes used tires as fuel for the kilns essential to the manufacture of cement. (e) Used tires utilized as fuel for those kilns are completely consumed, including the rubber, fiber, and steel ingredients of the tire. (f) The use of used tires in that process benefits California by reducing reliance on fossil fuel imported from outside the state. (g)The consumption of used tires rather than fossil fuel for the kilns may reduce air pollution and may contribute to the improvement of air quality. (Added by Stats. 1995, Ch. 605, Sec. 3. Effective January 1, 1996.) - 42760. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. )
California newsprint consumers must use at least 25% recycled-content newsprint when the listed availability and quality conditions are met.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42760. On and after January 1, 1991, every consumer of newsprint in California shall ensure that at least 25 percent of all newsprint used by that consumer of newsprint is made from recycled-content newsprint, if recycled-content newsprint is available at a price comparable to that of newsprint made from virgin material, if the recycled-content newsprint meets the quality standards established by the board pursuant to Section 42775, and if the recycled-content newsprint is available within a reasonable period of time. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42761. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. )
The recycled-content share of newsprint used must be calculated annually in tons and rise to specified percentages over time.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42761. The percentage of newsprint used which is made from recycled-content newsprint shall be calculated in tons used on an annual basis and shall increase to: (a) Thirty percent on and after January 1, 1994. (b) Thirty-five percent on and after January 1, 1996. (c) Forty percent on and after January 1, 1998. (d) Fifty percent on and after January 1, 2000. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42762. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. )
This division does not apply to newsprint purchased before January 1, 1990.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 2. Recycled-Content Newsprint Program [42760 - 42762] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42762. This division does not apply to any newsprint purchased prior to January 1, 1990. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42770. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
Each consumer of newsprint in California must certify certain yearly newsprint-use totals to the board by March 1.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42770. Each consumer of newsprint within the State of California shall, on or before March 1 of each year, certify to the board the number of tons of newsprint used during the preceding calendar year and the number of tons of recycled-content newsprint used during the preceding calendar year. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42771. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
A consumer of newsprint who files recycled-content usage certification may be audited to verify that recycled-content newsprint was actually used.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42771. Every consumer of newsprint who submits recycled-content newsprint usage certification pursuant to Section 42770 may be subject to an audit to ensure that the recycled-content newsprint was used. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42772. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
Newsprint suppliers must certify the recycled-content amount in each shipment to each consumer of newsprint, and must also certify when a shipment contains none.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42772. Each person who supplies a consumer of newsprint with newsprint shall certify the amounts of recycled-content newsprint contained in each shipment to each consumer of newsprint. If a shipment contains no recycled-content newsprint, the supplier shall so certify. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42773. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
If a newsprint consumer cannot obtain enough recycled-content newsprint for specified reasons, it must certify that fact to the board and explain why it could not use recycled-content newsprint.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42773. If a consumer of newsprint is unable to obtain sufficient amounts of recycled-content newsprint within any reporting period because recycled-content newsprint was not available at a comparable price to that for virgin material, failed to meet the quality standards established pursuant to Section 42775, or was not available within a reasonable period of time, the consumer of newsprint shall so certify to the board and shall provide the board with the specific reason for failing to use recycled-content newsprint. In order to make that certification in good faith, the newsprint consumer shall have contacted, for the purpose of obtaining recycled-content newsprint, every producer of recycled-content newsprint that offered to sell recycled-content newsprint to the consumer of newsprint within the last 12 months. The name of each person contacted, the corporate name, if any, and address and telephone number shall accompany each filing with the board. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42774. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
The board must develop and maintain a list of every consumer of newsprint and every person who supplies newsprint to a consumer in the state.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42774. For the purposes of implementing and enforcing this chapter, the board shall develop and maintain a list which identifies every consumer of newsprint, as defined in Section 42750, and every person who supplies a consumer of newsprint with newsprint, in the state. The board may use information from local business permits, trade publications, or any other relevant information to develop the list. (Amended by Stats. 1993, Ch. 589, Sec. 134. Effective January 1, 1994.) - 42775. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. )
The board must set newsprint quality standards, keep them within 5% of the industry average, and review them at least every two years.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 3. Certification of Use [42770 - 42775] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42775. (a) For the purposes of implementing and enforcing this chapter, the board shall set newsprint comparable quality standards for each of the grades of newsprint specified in Section 42753 to determine the comparable quality of recycled-content newsprint to virgin material. These standards shall be based on the average numerical standards of printing opacity, brightness level, and cross machine tear strength available from all producers selling recycled-content newsprint in the state in quantities of at least 5,000 metric tons per year. The board shall set standards which deviate from this average by not more than 5 percent. (b) The board shall review its standards at least once every two years and determine whether they should be adjusted to reflect changes in industry standards and practices, and, if so, the board shall set new standards according to the criteria in subdivision (a). (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42780. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. )
If someone gives a newsprint consumer a false or misleading recycled-content certificate, the board must refer it to the Attorney General for fraud prosecution within 30 days after making that determination.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42780. If any person provides a consumer of newsprint with a false or misleading certificate concerning the recycled content of the delivered newsprint pursuant to Section 42772, the board, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42781. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. )
If a consumer of newsprint gives the board a false or misleading recycled-content certificate, the board must refer it to the Attorney General within 30 days after making that determination.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42781. If any consumer of newsprint provides the board with a false or misleading certificate concerning the percentage of recycled-content newsprint used pursuant to Section 42770, the board within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42782. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. )
If a newsprint consumer gives the board a false or misleading certificate, the board must send it to the Attorney General for fraud prosecution within 30 days after making that determination.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42782. If any consumer of newsprint provides the board with a false or misleading certificate concerning why the consumer of newsprint was unable to obtain the minimum amounts of recycled-content newsprint pursuant to Section 42773, the board, within 30 days of making this determination, shall refer the false or misleading certificate to the Attorney General for prosecution for fraud. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42783. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. )
Newsprint price information filed in a certificate to the board is proprietary and cannot be made available to the general public.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 4. False Certification [42780 - 42783] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42783. Specific information on newsprint prices included as part of a certificate submitted to the board by newsprint consumers or suppliers of newsprint is propriety information and shall not be made available to the general public. (Added by Stats. 1990, Ch. 35, Sec. 23. Effective March 30, 1990.) - 42790. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 5. Penalties [42790 - 42791] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 23. )
Anyone who violates Article 3 (starting at Section 42770) commits an infraction and may be fined up to $1,000.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 5. Penalties [42790 - 42791] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42790. Any person who violates Article 3 (commencing with Section 42770) is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000). (Amended by Stats. 1993, Ch. 663, Sec. 15. Effective January 1, 1994.) - 42791. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 5. Penalties [42790 - 42791] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 23. )
A person who violates Article 3 may be assessed a civil penalty of up to $1,000 per violation by the board after notice and hearing.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 15. Newsprint [42750 - 42791] ( Chapter 15 added by Stats. 1990, Ch. 35, Sec. 23. ) ## ARTICLE 5. Penalties [42790 - 42791] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 23. ) ## 42791. In addition to Section 42790, any person who violates Article 3 (commencing with Section 42770) may be assessed a civil penalty by the board of not more than one thousand dollars ($1,000) for each violation, pursuant to notice and hearing. Any civil penalties received pursuant to this subdivision shall be deposited in a separate account in the fund and, upon appropriation by the Legislature, shall be used by the board for the administration of this division. (Amended by Stats. 1993, Ch. 663, Sec. 16. Effective January 1, 1994.) - 42800. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section says the definitions in this chapter govern how the chapter is interpreted.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42800. The following definitions govern the construction of this chapter. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.) - 42801. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “Agricultural purposes” for waste tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42801. “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures on an agricultural site. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.) - 42801.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “altered waste tire” and “alteration” for waste tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42801.5. (a) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart. “Altered waste tire” does not mean crumb rubber. (b) “Alteration” or “altering,” with reference to a waste tire, means an action that produces an altered waste tire. (Added by Stats. 2000, Ch. 838, Sec. 2. Effective January 1, 2001.) - 42801.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “baled tire” as a whole or altered tire that has been compressed and secured with a binding material to reduce its volume.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42801.6. “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume. (Added by Stats. 2000, Ch. 838, Sec. 3. Effective January 1, 2001.) - 42801.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “crumb rubber” as rubber granules made from a waste tire that are no larger than one-quarter inch, or six millimeters.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42801.7. “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.) - 42802. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
“Fund” means the California Tire Recycling Management Fund created by Section 42885(a).
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42802. “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.) - 42803. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “local agency” as a county, city, special district, or other local governmental agency that provides or regulates solid waste handling services.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42803. “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.) - 42803.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “new or used motor vehicle” as a device that can propel, move, or draw a person or property on a highway, with exceptions for human-powered devices and devices used only on stationary rails or tracks.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42803.5. “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 January 1, 2001.) - 42804. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
“Operator” means the person responsible for the overall operation of a waste tire facility.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42804. “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.) - 42805. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “owner” for waste tire facilities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42805. “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.) - 42805.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “repairable tire.”
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42805.5. “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 California Code of Regulations. (Added by Stats. 2000, Ch. 838, Sec. 6. Effective January 1, 2001.) - 42805.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
A scrap tire is a worn, damaged, or defective tire that is not repairable.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42805.6. “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.) - 42805.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
“Tire derived product” means material made from a process using whole tires as feedstock and sold and removed from the processing facility.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42805.7. “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 the processing facility. (Added by Stats. 2000, Ch. 838, Sec. 8. Effective January 1, 2001.) - 42806. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “tire” as a pneumatic tire or solid tire made for use on a motor vehicle.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42806. “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.) - 42806.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “used tire” and says it must meet several physical, storage, and regulatory requirements.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42806.5. “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 Regulations. (c) (1) The used tire is ready for resale, is stored by size in a rack or a stack not more than two rows wide, but not in a pile, and is stored in accordance with local fire and vector control requirements and with state minimum standards. (2) A used tire stored pursuant to this section shall be stored in a manner to allow the inspection of each individual tire. (Amended by Stats. 2002, Ch. 625, Sec. 10. Effective September 17, 2002.) - 42807. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “waste tire.”
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42807. “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 used tire that is not organized for inspection and resale by size in a rack or a stack in accordance with Section 42806.5, but does not include a tire derived product or crumb rubber. (Amended by Stats. 2005, Ch. 404, Sec. 1. Effective January 1, 2006.) - 42808. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. )
This section defines “waste tire facility” and related categories such as existing, major, and minor waste tire facilities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 1. Definitions [42800 - 42808] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42808. “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 discarded. “Waste tire facility” includes all of the following: (a) “Existing waste tire facility” means a waste tire facility which is receiving, storing, or accumulating waste tires, or upon which waste tires are discarded, on January 1, 1990. (b) “Major waste tire facility” means a waste tire facility where, at any time, 5,000 or more waste tires are or will be stored, stockpiled, accumulated, or discarded. (c) “Minor waste tire facility” means a waste tire facility where, at any time, 500 or more, but less than 5,000, waste tires are or will be stored, stockpiled, accumulated, or discarded. However, a “minor waste tire facility” does not include a tire dealer or an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the dealer’s or dismantler’s premises for less than 90 days if not more than 1,500 total used or waste tires are ever accumulated on the dealer’s or dismantler’s premises. (Amended by Stats. 2002, Ch. 625, Sec. 11. Effective September 17, 2002.) - 42810. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. )
A local agency may regulate persons or businesses that store, stockpile, process, or dispose of waste tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. ) ## 42810. 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.) - 42811. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. )
The board may delegate certain powers and authority in this chapter to enforcement agencies.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. ) ## 42811. 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) Inspection of permitted facilities. (c) Enforcement of waste tire facility permits. (Repealed and added by Stats. 1991, Ch. 717, Sec. 22.) - 42812. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. )
Division 13 does not apply to permits for operating an existing waste tire facility, except for certain substantial changes.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 2. General Provisions [42810 - 42812] ( Article 2 repealed and added by Stats. 1991, Ch. 717, Sec. 22. ) ## 42812. 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 facility made between the time this chapter becomes effective and the permit is initially issued by the board and as to any subsequent substantial changes made in the design or operation of the waste tire facility. (Repealed and added by Stats. 1991, Ch. 717, Sec. 22.) - 42820. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
The board must adopt permit procedures and requirements for major waste tire facilities, and the State Fire Marshal must adopt fire prevention regulations for those facilities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42820. (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 be limited to, but shall include by reference, the regulations adopted by the State Fire Marshal pursuant to subdivision (b). (b) The State Fire Marshal, in consultation with the board, shall adopt fire prevention regulations for a major waste tire facility. (c) Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility that is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4. (Amended by Stats. 2005, Ch. 404, Sec. 2. Effective January 1, 2006.) - 42821. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
A major waste tire facility permit must include operations, pile-reduction, and financial assurance requirements; the facility operator must submit evidence of adequate financial assurances.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42821. 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 regulations adopted by the State Fire Marshal pursuant to subdivision (b) of Section 42820. (2) Fencing and other security measures. (3) Vector control measures. (4) Limits on the size and height of tire piles. (5) A closure plan. (b) Requirements for submission of a detailed plan and implementation schedule for the elimination or substantial reduction of existing tire piles using any of the following methods or techniques: (1) Polymer treatment. (2) Rubber reclaiming and crumb rubber production. (3) Pyrolysis. (4) Production of supplemental fuels for cement kilns, lumber operations, or other industrial processes. (5) Tire shredding and transportation to an authorized solid waste landfill. (6) Energy recovery through incineration of whole or shredded tires in accordance with the terms and conditions of a permit issued by an air pollution control district or air quality management district. (7) Other applications determined to be appropriate by the board. (c) Requirements for the submission of evidence of financial assurances secured by the operator of the facility that are adequate to cover damage claims arising out of the operation of the facility and that are adequate to cover the cost of closure if that becomes necessary. The financial assurance shall be a trust fund, surety bond, letter of credit, insurance, or other equivalent financial arrangement acceptable to the board. (Amended by Stats. 2005, Ch. 404, Sec. 3. Effective January 1, 2006.) - 42822. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
The board must issue major waste tire facility permits when an application is filed and the regulations are satisfied.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42822. 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.) - 42823. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
A person may not establish a new major waste tire facility or expand an existing minor waste tire facility unless the person has first obtained a major waste tire facility permit from the board, subject to Section 42823.5.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42823. 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. 1995, Ch. 191, Sec. 1. Effective January 1, 1996.) - 42823.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
A cement manufacturing plant can be exempt from the Section 42823 permit requirement if the operator meets storage and compliance conditions, and the operator must file written information with the board, report changes within 30 days, and allow inspections if exempt.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42823.5. (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 more than a one-month supply of waste tires at the site of the cement manufacturing plant at any time. A one-month supply of waste tires shall be based on either of the following: (A) The average monthly consumption of waste tires by the plant during the previous year. (B) The waste tire percentage of the total fuel supply allowed by the air pollution control district or air quality management district, multiplied by the average monthly consumption of fuel for the previous year. (2) The operator or owner of the cement manufacturing plant is in compliance with any regulations adopted by the board pertaining to waste tire storage and disposal. (b) To apply for the exemption provided by this section, the operator or owner of a cement manufacturing plant shall provide all of the following information to the board in writing: (1) The name, address, and physical location of the plant. (2) The name, address, and telephone number of the plant operator and owner. (3) Information describing compliance with subdivision (a). (4) Signatures of the operator and owner of the plant certifying to the accuracy of the information provided. (c) If there is any change to the information provided pursuant to subdivision (b), the operator or owner of the cement manufacturing plant shall report the change to the board, in writing, within 30 days from the date of the change. (d) Within 60 days from the date of the receipt of the information required by subdivision (b), the board shall determine whether the operator or owner of a cement manufacturing plant qualifies for the exemption provided by this section and shall notify the operator or owner of the plant of its determination in writing. (e) The board or the local enforcement agency may inspect a cement manufacturing plant that receives the exemption provided by this section to determine compliance with this section. (f) Any operator or owner of a cement manufacturing plant who receives an exemption pursuant to this section shall allow the board, upon presentation of the proper credentials, to enter the cement manufacturing plant during normal working hours to examine and copy books, papers, records, or memoranda pertaining to the use and storage of waste tires, and to conduct inspections and investigations pertaining to waste tire use and storage. (Amended by Stats. 1996, Ch. 1041, Sec. 12. Effective January 1, 1997.) - 42824. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
A major waste tire facility operator must have a permit before waste tires are directed, transported, or accepted at the facility on and after September 1, 1994.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42824. 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. Effective January 1, 1993.) - 42825. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. )
A person may not accept, direct, transport, or abandon waste tires at or to a major waste tire facility that lacks a permit or authorization to operate from the board.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 3. Major Waste Tire Facility Permits [42820 - 42825] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42825. (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 permit or an authorization to operate from the board shall, upon conviction, be punished by a fine of not less than one thousand dollars ($1,000) or more than ten thousand dollars ($10,000) for each day of violation, by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) For purposes of subdivision (a), “each day of violation” means each day on which a violation continues. In any case where a person has accepted waste tires at a major waste tire facility, or knowingly directed or transported waste tires to a major waste tire facility, that has not been issued a permit, in violation of subdivision (a), each day that the waste tires remain at the facility and the person has knowledge thereof is a separate additional violation, unless the person has filed a report with the board disclosing the violation and is in compliance with any order regarding the waste tires issued by the board, a hearing officer, or a court of competent jurisdiction. (Amended by Stats. 1998, Ch. 1019, Sec. 1.5. Effective January 1, 1999.) - 42830. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
The board must adopt emergency regulations for minor waste tire facility permits by December 1, 1991, after consulting specified agencies.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42830. (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) Regulations adopted pursuant to subdivision (a) shall not require the issuance of a separate permit to a solid waste disposal facility which is permitted pursuant to Chapter 3 (commencing with Section 44001) of Part 4. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.) - 42831. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
The board may exempt two kinds of waste-tire users from this article’s permit requirements if specific storage conditions are met.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42831. 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 agricultural purposes if the waste tires are kept on the site of use. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.) - 42832. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
Regulations for minor waste tire facility permits must cover fire prevention, vector control, and any other measures the board determines are needed to protect public health and safety.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42832. 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 by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.) - 42833. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
The board must issue minor waste tire facility permits when an application is submitted and the regulations are followed.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42833. 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.) - 42834. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
After July 1, 1994, waste tires may not be directed or transported to, or accepted at, a minor waste tire facility unless the operator has obtained a minor waste tire facility permit.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42834. 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. Effective January 1, 1993.) - 42835. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. )
A person may not accept, direct, transport, or abandon waste tires to or at a minor waste tire facility unless the facility has a permit or authorization to operate from the board.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 4. Minor Waste Tire Facility Permits [42830 - 42835] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42835. (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 permit or an authorization to operate from the board shall, upon conviction, be punished by a fine of not less than five hundred dollars ($500) or more than five thousand dollars ($5,000) for each day of violation, by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) For purposes of subdivision (a), “each day of violation” means each day on which a violation continues. In any case where a person has accepted waste tires at a minor waste tire facility, or knowingly directed or transported waste tires to a minor waste tire facility, that has not been issued a permit, in violation of subdivision (a), each day that the waste tires remain at the facility and the person has knowledge thereof is a separate additional violation, unless the person has filed a report with the board disclosing the violation and is in compliance with any order regarding the waste tires issued by the board, a hearing officer, or a court of competent jurisdiction. (Amended by Stats. 2002, Ch. 625, Sec. 13. Effective September 17, 2002.) - 42840. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
A waste tire facility permit lasts five years unless it is suspended or revoked, and it must be renewed before it expires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42840. 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.) - 42841. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The department may reject a waste tire facility permit application if the facility operator has exceeded the allowed amount of waste tires onsite.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42841. (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 waste tires allowed onsite pursuant to Section 42808. (b) If the department rejects an application pursuant to this section, the department may prohibit the operator of the waste tire facility from reapplying for a waste tire facility at the same location for one year, or a lesser amount of time, from the date of the application. (Repealed and added by Stats. 2012, Ch. 534, Sec. 2. (AB 1647) Effective January 1, 2013.) - 42843. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The department may suspend, revoke, or deny a waste tire facility permit for certain misconduct, and must follow notice, hearing, and decision deadlines.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42843. (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 the following: (1) The applicant misrepresents or fails to disclose material factual information in its application. (2) The operator of the waste tire facility, at any time during the previous three years, fails to comply with an order regarding compliance subsequent to receiving a notice of violation, for any of the following: (A) A violation of this chapter or the regulations adopted pursuant to this chapter. (B) A violation of Chapter 19 (commencing with Section 42950) or the regulations adopted pursuant to that chapter. (C) The terms or conditions of the operator’s waste tire facility permit. (b) If the department determines that a violation specified in paragraph (2) of subdivision (a) demonstrates a chronic, recurring pattern of noncompliance that poses, or may pose, a significant risk to public health and safety or the environment, or if the violation has not been corrected or reasonable progress toward correction has not been achieved, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of not more than five years. (c) If the department determines that a violation specified in paragraph (2) of subdivision (a) has resulted in significant harm to human health or the environment, the department may suspend, revoke, or deny a waste tire facility permit, in accordance with the procedure specified in subdivision (a), for a period of five years or longer. (d) The department shall notify the applicant for, or the holder of, the permit of the revocation, suspension, or denial of the permit and the effective date of the revocation, suspension, or denial. A revocation or suspension issued pursuant to this section shall remain in effect until the hearing is completed and the director issues a decision. (e) Upon receipt by the department of a notice of defense to the statement of issues from the applicant for, or the holder of, the permit, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 90 days of the scheduling date, unless a later date is agreed to by both the department and the applicant for, or the holder of, the permit. (f) After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting forth the issuance, suspension, revocation, or denial of the permit. If the decision is not issued within this period, the revocation or suspension shall be of no further effect. (Amended by Stats. 2012, Ch. 534, Sec. 3. (AB 1647) Effective January 1, 2013.) - 42844. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The department may immediately suspend a waste tire permit if needed to prevent or reduce an imminent or substantial danger to public health, safety, or the environment.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42844. (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 shall notify the holder of the permit of the temporary suspension and the effective date thereof and, at the same time, shall serve the person with an accusation. (c) Upon receipt by the department of a notice of defense to the accusation from the holder of the permit, the department shall, within 15 days, set the matter for a hearing, which shall be held as soon as possible, but not later than 30 days after receipt of the notice. (d) The suspension shall remain in effect until the hearing is completed and the department has made a final determination on the merits, which shall be made within 60 days after the completion of the hearing. If the determination is not transmitted within this period, the suspension shall be of no further effect. (Amended by Stats. 2012, Ch. 534, Sec. 4. (AB 1647) Effective January 1, 2013.) - 42845. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The department can order cleanup or other remedial action for certain waste-tire violations, and can require inspections, reimbursement of inspection costs, and court injunctions if orders are ignored.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42845. (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 under this chapter, shall, upon order of the department, clean up those waste tires or abate the effects of the waste tires, or, in the case of threatened pollution or nuisance, take other necessary remedial action. (2) If the order issued by the department pursuant to this subdivision is issued to a person operating a waste tire facility that has not been issued a waste tire facility permit, the department shall require the person operating the facility to remove all waste and used tires from the site and prohibit the person operating the facility from accepting any additional waste or used tires at the site for a specified time period. (b) The department shall include in an order issued pursuant to subdivision (a), a condition that the department shall perform inspections at the location of the violation that are in addition to those inspections otherwise required by this chapter or by any regulations adopted pursuant to this chapter, for a period of up to one year following the date of the issuance of the order, at a frequency determined by the department. The person who is the subject of the order shall reimburse the department for the cost of the additional inspections conducted pursuant to this subdivision, including the cost of preparing for the inspection, traveling to and from the inspection, and writing up the inspection reports, at the same amounts that are determined annually and approved for enforcement agents to be charged by the department for purposes of the enforcement of this chapter. (c) If a person operating a waste tire facility pursuant to a waste tire facility permit fails to comply with a cleanup or abatement order issued pursuant to subdivision (a), the Attorney General, at the request of the department, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with that order. In a suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. (d) If a person operating an unpermitted waste tire facility fails to comply with a notice of violation issued for a violation of this chapter or any regulations adopted pursuant to this chapter, the Attorney General, at the request of the department, shall petition the superior court for that county for the issuance of an injunction requiring the person to comply with that order. In any suit, the court shall have jurisdiction to grant a prohibitory or mandatory injunction, either preliminary or permanent, as the facts may warrant. (e) If the Attorney General declines, or is unable, to petition the appropriate superior court for issuance of an injunction within 30 days from the department’s request, pursuant to subdivision (c) or (d), the district attorney or county counsel of that county may, at the department’s request, petition the superior court for issuance of the injunction specified in subdivision (c) or (d). (Amended by Stats. 2012, Ch. 534, Sec. 5. (AB 1647) Effective January 1, 2013.) - 42846. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The board may use available money to do cleanup, abatement, or remedial work when the section’s conditions are met.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42846. (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, nuisance, or injury to the public health or safety. The action may be taken in default of, or in addition to, remedial work by the violator or other persons, and regardless of whether injunctive relief is being sought. (b) The board may perform the work itself, or by or in cooperation with any other governmental agency, and may use rented tools or equipment, either with operators furnished or unoperated. Notwithstanding any other provisions of law, the board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to Section 10295 of the Public Contract Code. (Amended by Stats. 1991, Ch. 717, Sec. 25.) - 42846.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
If a property owner refuses access for waste-tire cleanup, the board or its contractors may enter the property to do the work when the stated civil-liability order and public-threat findings are met.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42846.5. 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 board or its contractors shall be permitted reasonable access to the property to perform that activity if an order setting civil liability has been issued or obtained pursuant to Article 6 (commencing with Section 42850) by the board, or by its designee pursuant to subdivision (c) of Section 42850, against the property owner, and the board finds that there is a significant threat to public health or the environment. (Added by Stats. 1999, Ch. 292, Sec. 1. Effective January 1, 2000.) - 42847. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
People who unlawfully stored, stockpiled, accumulated, or threatened waste tires can be made liable for cleanup costs. The board must seek recovery of its costs if recovery is feasible.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42847. 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 who unlawfully permitted the storage, stockpile, or accumulation of waste tires or who threatened to cause or permit the unlawful storage, stockpile, or accumulation of waste tires shall be liable to that governmental agency to the extent of the reasonable costs actually incurred in cleaning up the waste, abating the effects thereof, or taking other remedial actions. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the board to the extent of the latter’s contribution to the cleanup costs from available funds. The board shall seek recovery of its costs if that recovery is feasible. (Amended by Stats. 1997, Ch. 875, Sec. 1. Effective January 1, 1998.) - 42847.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
This section lets the department place a lien on real property for remedial-action costs or damages, but it must first notify the owner and allow an objection process.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42847.5. (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 under this section shall arise at the time costs are first incurred by the department with respect to a remedial action at the site. (b) A lien established under this section shall be subject to the notice and hearing procedures required by due process of the law. Prior to imposing the lien, the department shall send the property owner via certified mail a “Notice of Intent to Place A Lien” letter. This letter shall provide that the owner, within 14 calendar days from the date of receipt of the letter, may object to the imposition of the lien either in writing or through an informal proceeding before a neutral official. This neutral official shall be the director or his or her designee, who may not have had any prior involvement with the site. The issue before the neutral official shall be whether the department has a reasonable basis for its determination that the statutory elements for lien placement under this section are satisfied. During this proceeding the property owner may present information or submit documents, or both, to establish that the department should not place a lien as proposed. The neutral official shall ensure that a record of the proceeding is made, and shall issue a written decision. The decision shall state whether the property owner has established any issue of fact or law to alter the department’s intention to file a lien, and the basis for the decision. (c) The department may not be considered a responsible party for a remediated site merely because a lien is imposed under this section. (d) A lien imposed under this section shall continue until the liability for the costs or damages incurred under this article, or a judgment against the responsible party, is satisfied. However, if it is determined by a court that the judgment against the responsible party will not be satisfied, the department may exercise its rights under the lien. (e) A lien imposed under this section shall have the force and effect of, and the priority of, a judgment lien upon its recordation in the county in which the property subject to the lien is located. The lien shall contain a legal description of the real property that is subject to, or affected by, the remedial action, the assessor’s parcel number, and the name of the owner of record, as shown on the latest equalized assessment roll. (f) All funds recovered under this section on behalf of the department’s waste tire stabilization and abatement program shall be deposited in the California Tire Recycling Management Fund established under Section 42885. (Amended by Stats. 2012, Ch. 534, Sec. 6. (AB 1647) Effective January 1, 2013.) - 42848. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
If the board cannot identify the responsible person despite reasonable efforts, it does not have to issue an order under this section.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42848. 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 performed, the board shall not be required to issue an order under this section. (Added by Stats. 1990, Ch. 35, Sec. 24. Effective March 30, 1990.) - 42849. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. )
The board may hold an emergency meeting if it finds an imminent threat or a defined “threat.”
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 5. Renewal, Suspension, or Revocation [42840 - 42849] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42849. (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, property, natural resources, or the public health or safety. (b) If the board finds either an imminent threat to public health, safety, or the environment, or a threat, as defined by subdivision (a), the board may conduct an emergency meeting to determine the legal, enforcement, cleanup, or other necessary actions that may be taken to correct that imminent threat or threat. Such a finding by the board shall be deemed to be an “emergency situation” for purposes of, and in addition to the situations described in, Section 11125.5 of the Government Code. (Amended by Stats. 2000, Ch. 838, Sec. 15. Effective January 1, 2001.) - 42850. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
A person who negligently violates this chapter or related rules may owe a civil penalty of $500 to $5,000 for each violation or each day a continuing violation continues.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42850. (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 dollars ($5,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (b) Liability under this section may be imposed in a civil action or liability may be imposed administratively pursuant to this article. (c) Upon request of a city, county, or city and county, that city, county, or city and county may be designated, in writing, by the board, to exercise the enforcement authority granted to the board under this chapter. Any city, county, or city and county so designated shall follow the same procedures set forth for the board under this article. This designation shall not limit the authority of the board to take action it deems necessary or proper to ensure to enforcement of this chapter. (Amended by Stats. 1998, Ch. 1019, Sec. 3.5. Effective January 1, 1999.) - 42850.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
A person who intentionally violates this chapter or related permits, rules, standards, or requirements can face criminal punishment and civil penalties.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42850.1. (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 of violation, by imprisonment in the county jail for not more than one year, or by both that fine and imprisonment. (b) (1) 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, is liable for a civil penalty not to exceed ten thousand dollars ($10,000), for each violation of a separate provision or, for continuing violations, for each day that the violation continues. (2) Liability under this subdivision may be imposed in a civil action or may be imposed administratively pursuant to this article. (Added by Stats. 1998, Ch. 299, Sec. 4. Effective January 1, 1999.) - 42851. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
The department may serve an administrative accusation and must follow notice, hearing, and decision procedures before setting liability.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42851. (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 accusation shall be served by personal service or certified mail and shall inform the party of the right to a hearing. (b) Upon receipt by the department of a notice of defense to the accusation, the department shall, within 15 days, schedule a hearing before the director. The hearing shall be held within 60 days of the scheduling date, unless the party waives the right to a hearing. (c) If the party waives the right to a hearing, the department shall issue an order setting liability in the amount proposed in the accusation unless the department and the party have entered into a settlement agreement, in which case the department shall issue an order setting liability in the amount specified in the settlement agreement. If the party has waived the right to a hearing or if the department and the party have entered into a settlement agreement, the order shall not be subject to review by any court or agency. (d) After conducting the hearing, the director shall, within 60 days after the case is submitted, issue a decision, including an order setting the amount of civil penalty to be imposed, if any. (Amended by Stats. 2012, Ch. 534, Sec. 7. (AB 1647) Effective January 1, 2013.) - 42852. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
The director must conduct required hearings under this chapter, with some hearings able to be handled as formal hearings by the department. After a violation decision, the department must inspect the violation location for up to one year, and the responding party must reimburse those extra inspection costs.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42852. (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 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. In making a decision regarding a denial, revocation, suspension, or penalty, the director shall take into consideration the nature, circumstances, extent, and gravity of the violation, the violator’s past and present efforts to prevent, abate, or clean up conditions posing a threat to the public health or safety or the environment, the violator’s ability to pay the proposed civil penalty, and the prophylactic effect that imposition of the proposed penalty will have on both the violator and on the regulated community as a whole. (b) For a period of up to one year, following the issuance of a final decision by either the director or an administrative law judge, if the hearing is converted to a formal hearing, that is based on a finding of a violation of this chapter or of any regulation adopted pursuant to this chapter, the department shall perform inspections at the location of the violation that are in addition to those inspections otherwise required by this chapter or by any regulations adopted pursuant to this chapter, at a frequency determined by the department. (c) The responding party shall reimburse the department for the cost of the additional inspections conducted pursuant to subdivision (b), including the cost of preparing for the inspection, traveling to and from the inspection, and writing up the inspection reports, at the same amounts that are determined annually and approved for enforcement agents to be charged by the department for purposes of the enforcement of this chapter. (Amended by Stats. 2012, Ch. 534, Sec. 8. (AB 1647) Effective January 1, 2013.) - 42853. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
Civil liability orders under this section become effective and final when issued, and payment is due within 30 days unless the director orders otherwise.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42853. 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 certified mail upon the party served with the accusation and upon other persons who appeared at the hearing and requested a copy. (Amended by Stats. 2012, Ch. 534, Sec. 9. (AB 1647) Effective January 1, 2013.) - 42854. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
A person served with the director’s decision may file a petition for writ of mandate in superior court within 30 days; missing that deadline limits later judicial challenges. The court must uphold the director’s decision if it is supported by substantial evidence, and filing the petition does not stop corrective action or penalties.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42854. (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 reasonableness or validity of a decision or order of the director in a judicial proceeding brought to enforce the decision or order or for other remedies. (b) Except as otherwise provided in this section, Section 1094.5 of the Code of Civil Procedure governs any proceedings conducted pursuant to this subdivision. In all proceedings pursuant to this subdivision, the court shall uphold the decision of the director if the decision is based upon substantial evidence in the whole record. (c) The filing of a petition for writ of mandate does not stay any corrective action required pursuant to this chapter or the accrual of any penalties assessed pursuant to this chapter. (d) This section does not prohibit the court from granting any appropriate relief within its jurisdiction. (Amended by Stats. 2012, Ch. 534, Sec. 10. (AB 1647) Effective January 1, 2013.) - 42855. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. )
Penalties collected under Section 42850 must be paid into the California Tire Recycling Management Fund or kept by the designated local government, depending on who the attorney represented.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 16. Waste Tires [42800 - 42855] ( Chapter 16 added by Stats. 1990, Ch. 35, Sec. 24. ) ## ARTICLE 6. Administrative Enforcement [42850 - 42855] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 24. ) ## 42855. All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the attorney who brought the action represented the board, or shall be retained by a city, county, or city and county designated pursuant to subdivision (c) of Section 42850, if the attorney who brought the action represents the city, county, or city and county. The moneys retained by the city, county, or city and county shall be expended on enforcement and cleanup required under this chapter, including, but not limited to, the prosecution of enforcement actions. (Amended by Stats. 1998, Ch. 1019, Sec. 4. Effective January 1, 1999.) - 42860. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 1. Findings [42860 - 42861] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 25. )
This chapter is known as, and may be cited as, the California Tire Recycling Act.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 1. Findings [42860 - 42861] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42860. This chapter shall be known and may be cited as the California Tire Recycling Act. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42861. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 1. Findings [42860 - 42861] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 25. )
The Legislature states that used tire storage and disposal require a statewide response focused on reducing landfill disposal and promoting tire recycling and related recovery uses.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 1. Findings [42860 - 42861] ( Article 1 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42861. The Legislature finds and declares the following: (a) The problem posed by used tire storage and disposal requires a comprehensive, statewide response, including, but not limited to, reducing landfill disposal of used whole tires, recycling of tires into secondary uses, source material development and promotion of secondary markets for used tire byproducts, tire shredding, and energy recovery. (b) California is currently faced with an existing used tire inventory of at least 100 million tires, an amount which grows by over 20 million tires per year. Without a dedication of resources to address the state’s growing tire population, the health and safety of all Californians will be increasingly at risk. (c) There are currently no dedicated resources for the recycling of used tires, or a comprehensive tire shredding program. Therefore, the levying of a fee on the disposal of used whole tires in the state is needed to support tire recycling activities. (d) Used tires represent a valuable state resource which should be reclaimed and recycled whenever possible. An abundance of tire recycling alternatives exist which have been demonstrated to be environmentally safe. These alternatives need to be promoted in order to achieve the maximum use of used tires. (e) Shredding of used tires represents a preferable alternative to whole tire storage or disposal. Given the rapidly decreasing amount of landfill space available to local jurisdictions, shredding represents a positive way of storing tires until a secondary use can be developed. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42865. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 2. Storage at Landfills [42865 - 42867] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 25. )
The state policy is to encourage shredding of used tires until the state tire recycling program is fully underway and operational.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 2. Storage at Landfills [42865 - 42867] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42865. (a) It is the policy of the state that until a state tire recycling program is fully underway and operational, the shredding of used tires shall be encouraged. (b) For the purposes of this act, a “tire” refers to any vehicle tire whose major component is rubber, and its component parts. “Shredding” includes both mechanical and cryogenic shredding which reduces tires to a size of less than four inches in width. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42867. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 2. Storage at Landfills [42865 - 42867] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 25. )
Only landfills authorized in this article may receive financial assistance for shredding tires, unless the board decides otherwise.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 2. Storage at Landfills [42865 - 42867] ( Article 2 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42867. Except as otherwise determined by the board, only landfills authorized in this article shall be eligible for financial assistance in the shredding of tires pursuant to Article 3 (commencing with Section 42870). (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42870. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The Legislature states its intent to cut landfill disposal and stockpiling of used whole tires by 25% within four years of full implementation of a statewide tire recycling program, and to reduce illegal dumping and unnecessary stockpiling of used tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42870. It is the intent of the Legislature: (a) To reduce the landfill disposal and stockpiling of used whole tires by 25 percent within four years of full implementation of a statewide tire recycling program and to recycle and reclaim used tires and used tire components to the greatest extent possible in order to recover valuable natural resources. (b) To eliminate illegal dumping and unnecessary stockpiling of used tires. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42871. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The board must administer a tire recycling program that promotes alternatives to landfill disposal of used whole tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42871. The board shall administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires. (Amended by Stats. 2001, Ch. 745, Sec. 192. Effective October 12, 2001.) - 42872. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The tire recycling program may include grants, loans, rebates, research support, education efforts, shredder financing, and incentive payments.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42872. The tire recycling program may include, but is not limited to, the following: (a) The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involved in activities and applications that result in reduced landfill disposal of used whole tires and reduced illegal disposal or stockpiling of used whole tires. (b) The awarding of grants for research aimed at developing technologies or improving current activities and applications that result in reduced landfill disposal of used whole tires. (c) The awarding of grants or loans for the evaluation, planning, design, improvement, and implementation of alternative used tire recycling programs in this state. (d) The awarding of grants, subsidies, rebates, or loans to businesses that shred used tires for purposes of recycling. (e) Development and implementation of an information and education program, including seminars and conferences, aimed at promoting alternatives to the landfill disposal of used whole tires. (f) The awarding of grants or loans to tire shredding programs at authorized landfills, solid waste transfer stations, or dedicated tire shredding facilities, including the direct purchase of shredders or financing of shredder contracts. (g) Development and implementation of a waste tire incentive payment program to promote increased demand for waste tires recycled in this state and to promote higher valued products. (Amended by Stats. 2012, Ch. 534, Sec. 11. (AB 1647) Effective January 1, 2013.) - 42872.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The department may give grants for tire-derived product public works projects that create parklets or greenways, and must prioritize projects in disadvantaged communities when it does so.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42872.6. (a) (1) When awarding grants pursuant to Section 42872 to cities, counties, and other local government agencies for public works projects that use tire-derived products, the department may, in addition to any other authorized use of those funds, award grants for public works projects that use tire-derived products, including recycled tire lumber, to create parklets, greenways, or both. (2) If the department awards grants pursuant to this section, the department shall give priority to public works projects that use tire-derived products to create parklets, greenways, or both, in disadvantaged communities. (b) For the purposes of this section, the following terms have the following meanings: (1) “Disadvantaged community” means a community, as determined by the department, with an annual median household income that is less than 80 percent of the statewide median household income. (2) “Greenway” means a travel corridor for pedestrians, bicycles, nonmotorized vehicle transportation, recreation, or a combination thereof, located along natural landscape features, such as an urban watercourse. (3) “Parklet” means a small urban park intended for people and that provides amenities, including, but not limited to, seating, tables, bicycle racks, and landscaping. (Added by Stats. 2014, Ch. 589, Sec. 1. (AB 1179) Effective January 1, 2015.) - 42873. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The board may fund tire-recycling activities that reduce landfill disposal of used whole tires, but it may not spend funds on support or research for incinerating tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42873. (a) Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following: (1) Polymer treatment. (2) Rubber reclaiming and crumb rubber production. (3) Retreading. (4) Shredding. (5) The manufacture of products made from used tires, including, but not limited to, all of the following: (A) Rubberized asphalt, asphalt rubber, modified binders, and chip seals. (B) Playground equipment. (C) Crash barriers. (D) Erosion control materials. (E) Nonslip floor and track surfacing. (F) Oilspill recovery equipment. (G) Roofing adhesives. (H) Tire-derived aggregate applications, including lightweight fill and vibration mitigation. (I) Molded products. (J) Products using recycling rubber and other materials, such as plastic. (K) Paint and coatings. (6) Other environmentally safe applications or treatments determined to be appropriate by the board. (b) (1) The board may not expend funds for an activity that provides support or research for the incineration of tires. For the purposes of this article, incineration of tires, includes, but is not limited to, fuel feed system development, fuel sizing analysis, and capacity and production optimization. (2) Paragraph (1) does not affect the permitting or regulation of facilities that engage in the incineration of tires. (Amended by Stats. 2012, Ch. 534, Sec. 12. (AB 1647) Effective January 1, 2013.) - 42874. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The board must evaluate loan or grant applications under this article using the listed proposal factors.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42874. The board shall evaluate applications for loans or grants under this article based upon, but not limited to, the following factors in the proposal: (a) The quantity of used tires that will be diverted from landfills. (b) The estimated cost per tire in the recycling, processing, or conversion process. (c) The availability of markets for the recycled tire product. (d) The degree to which the processing program mitigates or avoids adverse environmental effects. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42875. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. )
The board may consider listed factors when awarding grant or loan applications, and it must not consider a proposal unless the property or facility is available for at least five years.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 3. Tire Recycling [42870 - 42875] ( Article 3 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42875. The board may also consider the following factors in awarding grant or loan applications: (a) The ability of the proposed processing program to integrate with existing or proposed solid waste management activities. (b) Financial support for implementation and operation of the proposed processing program from sources other than loans and grants from the board. (c) The degree to which the technical approach of the proposal makes the loan and grant program financially self-sufficient. (d) The degree to which the program can be measured or evaluated for success. (e) The probability that the processing program can be implemented and operated with the funds applied for and the amount of funds sought. (f) The time that the land or property on which the proposed processing facility is available to the applicant. No proposal shall be considered for a loan or grant unless the property or facility is available for at least five years. (g) The business plan for operation of the facility. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42880. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. )
The board must administer this chapter and may create an internal division, bureau, office, or unit for that purpose.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42880. The board shall administer this chapter. For organizational purposes, the board may create a new division, bureau, office, or unit to administer this chapter. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42881. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. )
The board may adopt useful rules or regulations and may prepare, publish, or issue printed materials about its activities.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42881. (a) In addition to any regulations which the board is required by statute to adopt, the board may adopt any rules or regulations which the board determines may be necessary or useful to carry out this chapter or any of the board’s duties or responsibilities imposed pursuant to this chapter. (b) The board may prepare, publish, or issue printed materials which the board determines to be necessary for the dissemination of information concerning the activities of the board pursuant to this chapter. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42882. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. )
The department may use expertise from other state agencies and may contract with or cooperate with an existing state agency when carrying out this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42882. In carrying out this chapter, the department may solicit and use expertise available in other state agencies and, if an existing state agency performs functions of a similar nature to the department’s functions, the department may contract with, or cooperate with, that agency in carrying out this chapter. (Added by Stats. 2024, Ch. 1000, Sec. 2. (AB 178) Effective September 30, 2024.) - 42883. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. )
Recipients of certain grants, subsidies, or loans must file an annual report with the board by January 1.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 4. Administration [42880 - 42883] ( Article 4 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42883. The recipient of a grant, subsidy, or loan pursuant to Article 3 (commencing with Section 42870) shall, on or before January 1 of each year, submit a report to the board containing information required by the board, including, but not limited to, the number of used whole tires recycled, which is necessary to measure the success of the recipient’s program in reducing the number of tires disposed of in landfills or stockpiled. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42885.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
The department must adopt and update a five-year waste tire plan, submit it to legislative committees on a repeating schedule, include specified program and performance details, base funding on the plan, and avoid proposing support for tire incineration.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42885.5. (a) The department shall adopt a five-year plan, which shall be updated every two years, to establish goals and priorities for the waste tire program and each program element. (b) On or before July 1, 2001, and every two years thereafter, the department shall submit the adopted five-year plan to the appropriate policy and fiscal committees of the Legislature. The department shall include in the plan elements addressing programmatic and fiscal issues, including, but not limited to, the hierarchy used by the department to maximize productive uses of waste and used tires, and the performance objectives and measurement criteria used by the department to evaluate the success of its waste and used tire recycling program. Additionally, based upon performance measures developed by the department, the plan shall describe the effectiveness of each element of the program, including, but not limited to, the following: (1) Enforcement and regulations relating to the storage of waste and used tires. (2) Cleanup, abatement, or other remedial action related to waste tire stockpiles throughout the state. (3) Research directed at promoting and developing alternatives to the landfill disposal of waste tires. (4) Market development and new technology activities for used tires and waste tires. (5) The waste and used tire hauler program, the registration of, and reporting by, tire brokers, and the manifest system. (6) A description of the grants, loans, contracts, and other expenditures proposed to be made by the department under the tire recycling program. (7) Until June 30, 2015, the grant program authorized under Section 42872.5 to encourage the use of waste tires, including, but not limited to, rubberized asphalt concrete technology, in public works projects. (8) Border region activities, conducted in coordination with the California Environmental Protection Agency, including, but not limited to, all of the following: (A) Training programs to assist Mexican waste and used tire haulers meet the requirements for hauling those tires in California. (B) Environmental education training. (C) In coordination with the California-Mexico Border Relations Council, development of a waste tire abatement plan, which may also provide for the abatement of solid waste, with the appropriate government entities of California and Mexico. (D) Tracking both the legal and illegal waste and used tire flow across the border and recommending revisions to the waste tire policies of California and Mexico. (E) Coordination with businesses operating in the border region and with Mexico, with regard to applying the same environmental and control requirements throughout the border region. (F) Development of projects in Mexico in the California-Mexico border region, as defined by the La Paz Agreement, that include, but are not limited to, education, infrastructure, mitigation, cleanup, prevention, reuse, and recycling projects, that address the movement of used tires from California to Mexico, and support the cleanup of illegally disposed waste tires and solid waste along the border that could negatively impact California’s environment. (9) Grants to certified community conservation corps and community conservation corps, pursuant to paragraph (3) of subdivision (a) of, and paragraph (3) of subdivision (b) of, Section 17001, for purposes of the programs specified in paragraphs (2) and (6) and for related education and outreach. (c) The department shall base the budget for the California Tire Recycling Act and program funding on the plan. (d) The plan may not propose financial or other support that promotes, or provides for research for the incineration of tires. (Amended by Stats. 2015, Ch. 24, Sec. 38. (SB 83) Effective June 24, 2015.) - 42885.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
The department must, to the extent feasible, improve the California tire tracking system and work with U.S. Customs and Border Protection to gather more detailed data on California used tire exports to Baja California and Sonora, Mexico.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42885.7. (a) To the extent feasible, the department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states through California, into the State of Baja California, Mexico, and the nearby State of Sonora, Mexico. (b) To the extent feasible, the department shall work with United States Customs and Border Protection to obtain detailed data on California used tire exports to the State of Baja California, Mexico, including, but not limited to, exports of wrecked vehicles for auto dismantlers. (Added by Stats. 2022, Ch. 542, Sec. 1. (SB 1181) Effective January 1, 2023.) - 42886. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
Fees remitted under Section 42885 must be paid quarterly, by the 15th day of the month after each calendar quarter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42886. The fees remitted pursuant to Section 42885 are due and payable quarterly on or before the 15th day of the month following each calendar quarter. (Amended by Stats. 2001, Ch. 251, Sec. 2. Effective January 1, 2002.) - 42886.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
The California Department of Tax and Fee Administration may require yearly fee returns and payment when needed to help ensure payment or collection. A return for the prior yearly period must be filed by the 15th day of the following month, in the form the department prescribes.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42886.1. (a) The California Department of Tax and Fee Administration, if it deems it necessary in order to ensure payment to or facilitate the collection by the state of the amount of fees, may require returns and payment of the amount of fees for a yearly period. (b) On or before the 15th day of the month following each designated yearly period, a return for the preceding designated yearly period shall be filed with the California Department of Tax and Fee Administration in the form as the California Department of Tax and Fee Administration may prescribe. (Amended by Stats. 2024, Ch. 34, Sec. 6. (SB 167) Effective June 27, 2024.) - 42887. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
A deficiency notice must generally be mailed within 3 years, but different timing applies for fraud, intent to evade, or failure to file a return.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42887. Except in the case of fraud, intent to evade this chapter or rules and regulations adopted to implement this chapter, or failure to file a return, the notice of a deficiency determination shall be mailed within three years after the amount that is proposed to be determined was due or within three years after the return is filed, whichever period expires later. In the case of failure to file a return, the notice of determination shall be mailed within eight years after the amount that is proposed to be determined was due. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42888. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
The board may approve some refunds only if timing and filing requirements are met, and it may approve credits only if a timely claim is filed or a waiver applies.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42888. (a) Except as agreed to by the board, no refund shall be approved by the board after three years from the date the payment was due for which the overpayment was made, or with respect to deficiency or jeopardy determinations, after six months from the date the determinations become final, or after six months from the date of overpayment, whichever period expires later, unless a claim therefor is filed with the board within that period. No credit shall be approved by the board after the expiration of that period, unless a claim for credit is filed with the board within that period or unless the credit relates to a period for which a waiver is given by the board. (b) A refund may be approved by the board for any period agreed to by the board for good cause if a claim for the referral is filed with the board before the expiration of the period agreed upon. (Amended by Stats. 2006, Ch. 538, Sec. 601. Effective January 1, 2007.) - 42889.4. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. )
If tires were allowed to be burned at facilities in the prior calendar year, the State Air Resources Board must post a summary of the types and quantities of air emissions from those facilities on its website by July 1 of the following year.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 5. Financial Provisions [42885 - 42889.4] ( Article 5 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42889.4. If facilities are permitted to burn tires in the previous calendar year, the State Air Resources Board, in conjunction with air pollution control districts and air quality management districts, shall post on its Web site, updated on or before July 1 of the subsequent year, information summarizing the types and quantities of air emissions, if any, from those facilities. (Amended by Stats. 2004, Ch. 644, Sec. 30. Effective January 1, 2005.) - 42890. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
A “recycled tire product” is a product with at least 50% of its total content derived from recycled used tires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42890. “Recycled tire product” means a product with not less than 50 percent of its total content derived from recycled used tires. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42891. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
The Department of General Services must revise procurement procedures for certain state purchases and, where feasible, give preference to recycled tire products.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42891. The Department of General Services shall revise its procedures and procurement specifications for state purchases of products that are made of, or contain components that can be derived from the recycling of, used tires, including, but not limited to, rubber, oil, natural gas, carbon black, asphalt rubber, floor tiles, carpet underlays, mats, drainage pipes, garbage cans, retreaded tires, and water hoses. For those purchases, the department shall give preference, wherever feasible, to the suppliers of recycled tire products. This preference shall be 5 percent of the lowest bid or price quoted by suppliers offering similar products made from nonrecycled components. (Amended by Stats. 2006, Ch. 538, Sec. 602. Effective January 1, 2007.) - 42892. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
When the state’s bid allows multiple awards, the recycled tire product preference cost must be applied as far as possible.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42892. In bids in which the state has reserved the right to make multiple awards, the recycled tire product preference cost shall be applied, to the extent possible, so as to maximize the dollar participation of recycled tire product businesses in the contract award. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42893. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
This section caps the annual preference amount at $100,000, and sets a lower $50,000 cap in a specified small-business conflict case.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42893. (a) The combined amount of preference granted pursuant to this section shall not exceed one hundred thousand dollars ($100,000) each year. (b) Notwithstanding Section 42892, the recycled tire product preference shall not exceed fifty thousand dollars ($50,000) if a preference exceeding that amount would preclude an award to a small business that offers a similar product made of nonrecycled tire components and is qualified in accordance with Section 14838 of the Government Code. This provision applies regardless of whether the small business is the lowest responsible bidder or is eligible for the contract award on the basis of application of the 5 percent small business preference. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42894. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
The department’s specifications must make recycled tire product contracts go to the bidder with the highest recycled tire content when fitness, quality, and price are otherwise equal.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42894. To encourage the use of recycled tires, the department’s specifications shall require recycled tire product contracts to be awarded to the bidder whose product has the greatest percentage of recycled tire content if the fitness, quality, and price are otherwise equal. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 42895. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. )
The department may adopt rules and regulations to carry out this article.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 17. California Tire Recycling Act [42860 - 42895] ( Chapter 17 added by Stats. 1990, Ch. 35, Sec. 25. ) ## ARTICLE 6. Use of Recycled Tire Products by State Agencies [42890 - 42895] ( Article 6 added by Stats. 1990, Ch. 35, Sec. 25. ) ## 42895. The department may adopt rules and regulations to carry out this article. (Added by Stats. 1990, Ch. 35, Sec. 25. Effective March 30, 1990.) - 4290. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )
The board must adopt fire-safety regulations for defensible space, and it may not use this section to adopt building standards. The State Fire Marshal also has authority to adopt related roof and attic-opening regulations.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4290. (a) The board shall adopt regulations implementing minimum fire safety standards related to defensible space that are applicable to state responsibility area lands under the authority of the department, and to lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code. These regulations apply to the perimeters and access to all residential, commercial, and industrial building construction within state responsibility areas approved after January 1, 1991, and within lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code after July 1, 2021. The board may not adopt building standards, as defined in Section 18909 of the Health and Safety Code, under the authority of this section. As an integral part of fire safety standards, the State Fire Marshal has the authority to adopt regulations for roof coverings and openings into the attic areas of buildings specified in Section 13108.5 of the Health and Safety Code. The regulations apply to the placement of mobile homes as defined by National Fire Protection Association standards. These regulations do not apply where an application for a building permit was filed prior to January 1, 1991, or to parcel or tentative maps or other developments approved prior to January 1, 1991, if the final map for the tentative map is approved within the time prescribed by the local ordinance. The regulations shall include all of the following: (1) Road standards for fire equipment access. (2) Standards for signs identifying streets, roads, and buildings. (3) Minimum private water supply reserves for emergency fire use. (4) Fuel breaks and greenbelts. (b) The board shall, on and after July 1, 2021, periodically update regulations for fuel breaks and greenbelts near communities to provide greater fire safety for the perimeters to all residential, commercial, and industrial building construction within state responsibility areas and lands classified and designated as very high fire hazard severity zones, as defined in subdivision (i) of Section 51177 of the Government Code, after July 1, 2021. These regulations shall include measures to preserve undeveloped ridgelines to reduce fire risk and improve fire protection. The board shall, by regulation, define “ridgeline” for purposes of this subdivision. (c) These regulations do not supersede local regulations which equal or exceed minimum regulations adopted by the state. (d) The board may enter into contracts with technical experts to meet the requirements of this section. (Amended by Stats. 2018, Ch. 626, Sec. 9. (SB 901) Effective January 1, 2019.) - 4290.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )
The board must create and keep a Fire Risk Reduction Community list, consider specified fire-safety factors when setting the criteria, and post the list on its website.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4290.1. (a) On or before July 1, 2022, the board shall develop criteria for and maintain a “Fire Risk Reduction Community” list of local agencies located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, that meet best practices for local fire planning. (b) The board shall consider all of the following when developing the criteria for the list required under subdivision (a): (1) Compliance with the board’s regulations, including minimum fire safety standards. (2) Participation in the National Fire Protection Association’s “Firewise USA” or the National Wildfire Coordinating Group’s “Fire Adapted Communities” programs. (3) Adoption of the board’s recommendations to improve the safety element pursuant to subdivision (b) of Section 65302.5 of the Government Code. (4) Recently developed or updated community wildfire protection plans. (c) The board shall post the “Fire Risk Reduction Community” list on its internet website. (Amended by Stats. 2019, Ch. 399, Sec. 3. (AB 1823) Effective January 1, 2020.) - 4290.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. )
The board must regularly survey local governments to identify high-risk subdivisions without a secondary egress route, then develop and share fire-safety recommendations and keep a list of the identified subdivisions and recommendation status.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 2. Hazardous Fire Areas [4251 - 4290.5] ( Chapter 2 added by Stats. 1965, Ch. 1144. ) ## 4290.5. (a) On or before July 1, 2021, and every five years thereafter, the board, in consultation with the State Fire Marshal, shall survey local governments, including counties, cities, and fire districts, to identify existing subdivisions located in a state responsibility area or a very high fire hazard severity zone, identified pursuant to Section 51178 of the Government Code, without a secondary egress route that are at significant fire risk. (b) (1) The board, in consultation with the State Fire Marshal and the local government that identified the subdivision, shall develop recommendations to improve the subdivision’s fire safety. The recommendations may include, but are not limited to, the following: (A) Creating secondary access to the subdivision. (B) Improvements to the existing access road. (C) Other additional fire safety measures. (2) The board shall provide the final recommendations developed pursuant to this subdivision to the local government that identified the subdivision and to the residents of the subdivision. (c) The board may enter into contracts with an independent group to conduct the survey required in subdivision (a). (d) For purposes of this section, “subdivision” means an existing residential development of more than 30 dwelling units. (e) The board shall maintain a list of the subdivisions identified in subdivision (a) and the status of the implementation of the recommendations provided pursuant to subdivision (b). (Amended by Stats. 2019, Ch. 497, Sec. 217. (AB 991) Effective January 1, 2020.) - 42900. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 1. Short Title and Findings and Declarations [42900 - 42901] ( Article 1 added by Stats. 1991, Ch. 842, Sec. 4. )
This chapter may be cited as the California Solid Waste Reuse and Recycling Access Act of 1991.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 1. Short Title and Findings and Declarations [42900 - 42901] ( Article 1 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42900. This chapter shall be known and may be cited as the California Solid Waste Reuse and Recycling Access Act of 1991. (Added by Stats. 1991, Ch. 842, Sec. 4.) - 42901. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 1. Short Title and Findings and Declarations [42900 - 42901] ( Article 1 added by Stats. 1991, Ch. 842, Sec. 4. )
Cities and counties must divert 50% of solid waste by January 1, 2000, using source reduction, recycling, and composting.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 1. Short Title and Findings and Declarations [42900 - 42901] ( Article 1 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42901. The Legislature finds and declares as follows: (a) Cities and counties must divert 50 percent of all solid waste by January 1, 2000, through source reduction, recycling, and composting activities. (b) Diverting 50 percent of all solid waste requires the participation of the residential, commercial, industrial, and public sectors. (c) The lack of adequate areas for collecting and loading recyclable materials that are compatible with surrounding land uses is a significant impediment to diverting solid waste and constitutes an urgent need for state and local agencies, to address access to solid waste for source reduction, recycling, and composting activities. (Added by Stats. 1991, Ch. 842, Sec. 4.) - 42905. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 2. Definitions [42905- 42905.] ( Article 2 added by Stats. 1991, Ch. 842, Sec. 4. )
This section defines “development project” for this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 2. Definitions [42905- 42905.] ( Article 2 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42905. As used in this chapter, “development project” means any of the following: (a) A project for which a building permit will be required for a commercial, industrial, or institutional building, marina, or residential building having five or more living units, where solid waste is collected and loaded and any residential project where solid waste is collected and loaded in a location serving five or more units. (b) Any new public facility where solid waste is collected and loaded and any improvements for areas of a public facility used for collecting and loading solid waste. (Added by Stats. 1991, Ch. 842, Sec. 4.) - 4291. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
People who own or control buildings in state responsibility areas must keep defensible space and manage vegetation near structures, with specified exceptions and related compliance steps.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4291. (a) A person who owns, leases, controls, operates, or maintains a building or structure in the state responsibility area shall at all times do all of the following: (1) (A) Maintain defensible space of 100 feet from each side and from the front and rear of the structure, but not beyond the property line, except as provided in subparagraph (B). The amount of fuel modification necessary shall consider the flammability of the structure as affected by building material, building standards, location, and type of vegetation. Fuels shall be maintained and spaced in a condition so that a wildfire would be unlikely to ignite the structure. This subparagraph does not apply to single specimens of trees or other vegetation that are well-pruned and maintained so as to effectively manage fuels and not form a means of rapidly transmitting fire from other nearby vegetation to a structure or from a structure to other nearby vegetation or to interrupt the advance of embers toward a structure. The intensity of fuels management may vary within the 100-foot perimeter of the structure, with more intense fuel reductions being utilized between 5 and 30 feet around the structure, and an ember-resistant zone being required within 5 feet of the structure, based on regulations promulgated by the board, in consultation with the department, to consider the elimination of materials in the ember-resistant zone that would likely be ignited by embers. The regulations may also alter the fuel reduction required between 5 and 30 feet to integrate the ember-resistant zone into the requirements of this section. Consistent with fuels management objectives, steps should be taken to minimize erosion, soil disturbance, and the spread of flammable nonnative grasses and weeds. For purposes of this subparagraph, “fuel” means any combustible material, including petroleum-based products, cultivated landscape plants, grasses, and weeds, and wildland vegetation. (B) A greater distance than that required under subparagraph (A) may be required by state law, local ordinance, rule, or regulation. Fuel modification beyond the property line may only be required by state law, local ordinance, rule, or regulation in order to maintain 100 feet of defensible space from a structure. Fuel modification on adjacent property shall only be conducted following written consent by the adjacent landowner. Any local ordinance related to fuel modification shall be in compliance with all applicable state laws, regulations, and policies. Any local ordinance may include provisions to allocate costs for any fuel modification beyond the property line. (C) An insurance company that insures an occupied dwelling or occupied structure may require a greater distance than that required under subparagraph (A) if a fire expert, designated by the director, provides findings that the fuel modification is necessary to significantly reduce the risk of transmission of flame or heat sufficient to ignite the structure, and there is no other feasible mitigation measure possible to reduce the risk of ignition or spread of wildfire to the structure. The greater distance may not be beyond the property line unless allowed by state law, local ordinance, rule, or regulation. (2) Remove that portion of a tree that extends within 10 feet of the outlet of a chimney or stovepipe. (3) Maintain a tree, shrub, or other plant adjacent to or overhanging a building free of dead or dying wood. (4) Maintain the roof of a structure free of leaves, needles, or other vegetative materials. (5) Before constructing a new building or structure or rebuilding a building or structure damaged by a fire in an area subject to this section, the construction or rebuilding of which requires a building permit, the owner shall obtain a certification from the local building official that the dwelling or structure, as proposed to be built, complies with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the certification, upon request, to the insurer providing course of construction insurance coverage for the building or structure. Upon completion of the construction or rebuilding, the owner shall obtain from the local building official a copy of the final inspection report that demonstrates that the dwelling or structure was constructed in compliance with all applicable state and local building standards, including those described in subdivision (b) of Section 51189 of the Government Code, and shall provide a copy of the report, upon request, to the property insurance carrier that insures the dwelling or structure. (b) A person is not required under this section to manage fuels on land if that person does not have the legal right to manage fuels, nor is a person required to enter upon or to alter property that is owned by any other person without the consent of the owner of the property. (c) (1) Except as provided in Section 18930 of the Health and Safety Code, the State Fire Marshal may adopt regulations exempting a structure with an exterior constructed entirely of nonflammable materials, or, conditioned upon the contents and composition of the structure, the director may vary the requirements respecting the removing or clearing away of flammable vegetation or other combustible growth with respect to the area surrounding those structures. (2) An exemption or variance under paragraph (1) shall not apply unless and until the occupant of the structure, or if there is not an occupant, the owner of the structure, files with the State Fire Marshal, in a form as the State Fire Marshal shall prescribe, a written consent to the inspection of the interior and contents of the structure to ascertain whether this section and the regulations adopted under this section are complied with at all times. (d) The State Fire Marshal may authorize the removal of vegetation that is not consistent with the standards of this section. The State Fire Marshal may prescribe a procedure for the removal of that vegetation and make the expense a lien upon the building, structure, or grounds, in the same manner that is applicable to a legislative body under Section 51186 of the Government Code. (e) (1) The board, in consultation with the State Fire Marshal, shall develop, periodically update, and post on its internet website a guidance document on fuels management pursuant to this chapter. The guidance document shall include, but not be limited to, regionally appropriate vegetation management suggestions that preserve and restore native species that are fire resistant or drought tolerant, or both, minimize erosion, minimize water consumption, and permit trees near homes for shade, aesthetics, and habitat; and suggestions to minimize or eliminate the risk of flammability of nonvegetative sources of combustion, such as woodpiles, propane tanks, decks, outdoor furniture, barbecue equipment, and outdoor fire pits. (2) No later than one year after the board adopts regulations in compliance with the deadline in Executive Order No. N-18-25, the board shall, in consultation with the State Fire Marshal, update the guidance document to reflect the new regulations. Existing and new structures shall meet the same standard for the ember-resistant zone, but regulations adopted by the board pursuant to this section shall allow the staging of work for existing structures to support implementation of the ember-resistant zone and address the costs of compliance. (f) The State Fire Marshal shall do both of the following: (1) Recommend to the board the types of vegetation or fuel that are to be excluded from an ember-resistant zone based on the probability that vegetation and fuel will lead to ignition by ember of a structure as a part of the update to the guidance document pursuant to paragraph (2) of subdivision (e). (2) Make reasonable efforts to provide notice to affected residents describing the requirements added by the amendments to paragraph (1) of subdivision (a) made in Assembly Bill 3074 of the 2019–20 Regular Session before the imposition of penalties for violating those requirements. (g) (1) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall not take effect for new structures until the board updates the regulations, pursuant to paragraph (1) of subdivision (a), and the guidance document, pursuant to paragraph (2) of subdivision (e). (2) The requirement for an ember-resistant zone pursuant to paragraph (1) of subdivision (a) shall take effect for existing structures three years after the effective date for the new structures. (h) The department shall not change defensible space inspection practices and forms or enforcement to implement the requirement for an ember-resistant zone until the State Fire Marshal makes a written finding, which the State Fire Marshal shall post on the department’s internet website, that the Legislature has appropriated sufficient resources to do so. (i) For purposes of this section, a structure for the purpose of an ember-resistant zone shall include any attached deck. This section does not limit the authority of the board or the department to require the removal of fuel or vegetation on top of or underneath a deck pursuant to this section. (j) As used in this section, “person” means a private individual, organization, partnership, limited liability company, or corporation. (Amended by Stats. 2025, Ch. 731, Sec. 3. (AB 1455) Effective October 13, 2025.) - 4291.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Violations of Section 4291 are fined, with higher penalties for repeat violations within five years, and a third violation can become a misdemeanor.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4291.1. (a) Notwithstanding Section 4021, a violation of Section 4291 is an infraction punishable by a fine of not less than one hundred dollars ($100), nor more than five hundred dollars ($500). If a person is convicted of a second violation of Section 4291 within five years, that person shall be punished by a fine of not less than two hundred fifty dollars ($250), nor more than five hundred dollars ($500). If a person is convicted of a third violation of Section 4291 within five years, that person is guilty of a misdemeanor and shall be punished by a fine of not less than five hundred dollars ($500). If a person is convicted of a third violation of Section 4291 within five years, the department may perform or contract for the performance of work necessary to comply with Section 4291 and may bill the person convicted for the costs incurred, in which case the person convicted, upon payment of those costs, shall not be required to pay the fine. If a person convicted of a violation of Section 4291 is granted probation, the court shall impose as a term or condition of probation, in addition to any other term or condition of probation, that the person pay at least the minimum fine prescribed in this section. (b) If a person convicted of a violation of Section 4291 produces in court verification prior to imposition of a fine by the court, that the condition resulting in the citation no longer exists, the court may reduce the fine imposed for the violation of Section 4291 to fifty dollars ($50). (Amended by Stats. 1990, Ch. 773, Sec. 1.) - 4291.3. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Fire officials or the director may authorize property owners to create firebreaks or use vegetation management to improve defensible space, subject to stated limits.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4291.3. (a) Subject to any other applicable law, a state or local fire official, at their discretion, may authorize an owner of property, or the owner’s agent, to construct a firebreak, or implement appropriate vegetation management techniques, to ensure that defensible space is adequate for the protection of a hospital, adult residential care facility, school, aboveground storage tank, hazardous materials facility, or similar facility on the property. The firebreak may be for a radius of up to 300 feet from the facility, or to the property line, whichever distance is shorter. (b) The director may authorize an owner of a property not listed in subdivision (a) to construct a firebreak, or implement appropriate vegetation management techniques, within a radius of up to 300 feet from a structure, or to the property line, whichever distance is shorter, if it is determined by the director as necessary to protect life, property, and natural resources from unreasonable risks associated with wildland fires. (Amended by Stats. 2021, Ch. 133, Sec. 68. (SB 272) Effective July 23, 2021.) - 4291.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
The director must set up a statewide program and reporting platform for qualified entities to help with defensible space and home hardening assessments and education.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4291.5. (a) For purposes of this section, the following definitions apply: (1) “Home hardening” means the replacement or repair of structural features that are affixed to the property with features that are in compliance with Chapter 7A (commencing with Section 701A.1) of Title 24 of the California Code of Regulations. (2) “Property owner” means a person described in subdivision (a) of Section 4291 of this code or subdivision (a) of Section 51182 of the Government Code. (3) “Qualified entities” means the following entities that have completed the program developed, and received a certification, pursuant to Section 4291.6: (A) Counties, state conservancies, special districts, and other political subdivisions of the state. (B) Members of the California Conservation Corps, the Board of Commissioners under CaliforniaVolunteers described in Section 8411 of the Government Code, local conservation corps, resource conservation districts, fire safe councils, Firewise USA organizations, and nonprofit entities focused on wildfire resiliency. (C) University of California fire advisors. (D) Registered Professional Foresters. (E) Other entities or individuals deemed appropriate by the director. (4) “Wildfire safety improvements” means wildfire resilience and fire safety improvements, including measures for home hardening, the creation of defensible space, and other appropriate fuel reduction activities, to residential, commercial, industrial, agricultural, or other real property identified by the State Fire Marshal, in consultation with the director. (b) The director shall establish a statewide program to allow qualified entities to support and augment the department in its defensible space and home hardening assessment and education efforts. Qualified entities participating in the program shall be authorized by the director to conduct defensible space assessments to assess compliance with Section 4291 within the state responsibility area, to assess compliance with Section 51182 of the Government Code within local responsibility areas, educate property owners about wildfire safety improvements that may be undertaken to harden a structure and make it more resistant to fire, and assess whether wildfire safety improvements have been completed in or on a structure. (c) (1) The director shall establish a common reporting platform that allows defensible space and home hardening assessment data, collected by the qualified entities, to be reported to the department and shall establish any necessary quality control measure to ensure that the assessment data is accurate and reliable. Data obtained voluntarily from a property owner for reasons other than responding to a request related to compliance with Section 4291 of this code or Section 51182 of the Government Code shall be anonymized and kept confidential if requested by the property owner, and shall not be used for compliance or enforcement purposes associated with ordinances that directly relate to defensible space and home hardening inspections unless specifically requested by the property owner. (2) The department shall compile the data submitted pursuant to paragraph (1). (d) The director may use the defensible space and home hardening assessment data that is gathered in response to requests related to compliance with Section 4291 of this code or Section 51182 of the Government Code, and other data voluntarily provided by a property owner if authorized by the property owner, to do any of the following: (1) Direct inspection and enforcement resources away from landowners who meet or exceed the department’s standards and regulations for maintaining defensible space. (2) Direct inspection and enforcement resources toward landowners who do not meet the department’s standards and regulations for maintaining defensible space. (3) Direct educational resources toward landowners who own or maintain structures that can be hardened to make them more resistant to fire. (4) Assist in estimating defensible space compliance in the state responsibility area. (e) The department may expand or amend existing programs for the implementation of this section. (f) This section does not grant any right of entry onto private land or regulatory or enforcement authority to participating qualified entities. (g) Any local governmental entity that is qualified to conduct defensible space assessments pursuant to this section in very high and high fire hazard severity zones, as identified by the State Fire Marshal pursuant to Section 51178 of the Government Code or Article 9 (commencing with Section 4201) of this chapter or by a local agency pursuant to Section 51179 of the Government Code, and reports that information to the department, shall report that information using the common reporting platform established pursuant to subdivision (c). (h) (1) On December 31, 2023, and annually thereafter, the department shall report to the Legislature all defensible space data collected pursuant to paragraph (2) of subdivision (c). The report may include information on the proportion of unique parcels that were inspected, the degree of compliance with requirements set forth in Section 4291 of this code and Section 51182 of the Government Code, any enforcement actions that may have been taken for noncompliant parcels, and the proportion of parcels that were found to be in compliance across jurisdictions. At minimum, the report shall include data with sufficient detail to facilitate comparisons of community compliance with the requirements of Section 4291 of this code and Section 51182 of the Government Code between local governmental entities qualified to conduct defensible space assessments pursuant to this section and local governmental entities that are not. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2025, Ch. 767, Sec. 2. (SB 514) Effective January 1, 2026.) - 4291.6. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
The department must run a training program and, after successful completion, issue a certificate of completion.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4291.6. (a) (1) The Legislature finds and declares that the use of trained volunteers to assist homeowners and fire agencies in achieving compliance with defensible space requirements will provide multiple benefits, including all of the following: (A) Creating a significant public benefit by reducing the risk of the spread of wildfire. (B) Creating significant savings for fire agencies by increasing general compliance with defensible space requirements, and thereby reducing the volume of inspections required by public agencies. (C) Allowing fire agencies to focus their defensible space regulatory enforcement on landowners who are not in compliance after suggestions for voluntary compliance from trained volunteers. (2) It is further the intent of the Legislature that the department do both of the following: (A) Establish a pilot program using trained volunteers with any costs for the pilot project coming from the existing funds made available to the department from the Greenhouse Gas Reduction Fund, created pursuant to Section 16428.8 of the Government Code. (B) Consider using the services of the California Fire Science Consortium and the Regional Forest and Fire Capacity program at the Natural Resources Agency to implement this section. (b) The department shall develop and implement a training program to train individuals to support and augment the department in its defensible space and home hardening assessment and public education efforts. The training program shall do both of the following: (1) Provide for consistent training for third-party assessors who shall function to provide nonregulatory assistance to homeowners to reduce fire risk and to achieve compliance with defensible space requirements. (2) Ensure that all defensible space and home hardening assessment and education programs undertaken by the department and by third parties are conducted to the same standard and use coordinated messaging, including messages at www.readyforwildfire.org or a successor internet website, as updated by the department. (c) Upon an individual’s successful completion of the training program, the department shall issue a certification of completion to the individual. (Amended by Stats. 2025, Ch. 767, Sec. 3. (SB 514) Effective January 1, 2026.) - 42910. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. )
The board must adopt a model ordinance for local agencies on recycling collection/loading areas in development projects, after a public hearing and by March 1, 1993.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42910. (a) Not later than March 1, 1993, after holding a public hearing, the board shall adopt a model ordinance for adoption by any local agency relating to adequate areas for collecting and loading recyclable materials in development projects. (b) The board shall consult with representatives of the League of California Cities, County Supervisors Association of California, American Planning Association, American Institute of Architects, private and public waste services, building construction and management, and retail businesses in developing the model ordinance. (c) Not later than January 1, 1993, the board shall distribute the draft model ordinance to all local agencies and other interested parties for review. Any comments shall be submitted to the board by February 1, 1993, for consideration at the public hearing of the board to adopt the ordinance. (Added by Stats. 1991, Ch. 842, Sec. 4.) - 42911. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. )
Local agencies must adopt an ordinance for recyclable-material collection and loading areas in development projects, and they may not issue building permits after July 1, 2005 unless the project provides those areas.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42911. (a) Each local agency shall adopt an ordinance relating to adequate areas for collecting and loading recyclable materials in development projects. (b) If a local agency has not adopted an ordinance for collecting and loading recyclable materials in development projects on or before September 1, 1994, the model ordinance adopted pursuant to Section 42910 shall take effect on September 1, 1994, and shall be enforced by the local agency and have the same force and effect as if adopted by the local agency as an ordinance. (c) On and after July 1, 2005, a local agency shall not issue a building permit to a development project, unless the development project provides adequate areas for collecting and loading recyclable materials. (Amended by Stats. 2004, Ch. 879, Sec. 3. Effective January 1, 2005.) - 42912. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. )
The board must, by set deadlines, adopt model ordinances, consult specified groups, prepare reports, and post reports online about reducing construction and demolition waste.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18. California Solid Waste Reuse and Recycling Access Act of 1991 [42900 - 42912] ( Chapter 18 added by Stats. 1991, Ch. 842, Sec. 4. ) ## ARTICLE 3. Ordinances [42910 - 42912] ( Article 3 added by Stats. 1991, Ch. 842, Sec. 4. ) ## 42912. (a) Not later than March 1, 2004, after holding a public hearing, the board shall do all of the following: (1) Adopt one or more model ordinances, suitable for modification by a local agency, that the local agency may adopt that will require a range of diversion rates of construction and demolition waste materials from 50 to 75 percent, as determined by the board, and as measured by weight. (2) Consult with representatives of the League of California Cities, the California State Association of Counties, private and public waste services and building construction materials industry and construction management personnel throughout the development of the model ordinances. (3) Compile a report on programs, other than a model ordinance, that local governments and general contractors can implement to increase diversion of construction and demolition waste materials. (4) Post on the board’s Internet Web site, a report for general contractors on methods by which contractors can increase diversion of construction and demolition waste materials. (5) Post on the board’s Internet Web site, a report for local governments with suggestions of programs, in addition to adoption of the model ordinance, to increase diversion of construction and demolition waste materials. (b) Not later than January 1, 2004, the board shall distribute the draft model ordinance to all local agencies and other interested parties for review. Any comments shall be submitted to the board by February 1, 2004, for consideration at the public hearing of the board to adopt the ordinance. (Added by Stats. 2002, Ch. 501, Sec. 3. Effective January 1, 2003.) - 4292. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Certain owners and operators of electrical transmission or distribution lines in mountainous, forest, brush, or grass-covered land must keep a firebreak around specified poles or towers when required by the fire authority.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4292. Except as otherwise provided in Section 4296, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land, or forest-covered land, brush-covered land, or grass-covered land shall, during such times and in such areas as are determined to be necessary by the director or the agency which has primary responsibility for fire protection of such areas, maintain around and adjacent to any pole or tower which supports a switch, fuse, transformer, lightning arrester, line junction, or dead end or corner pole, a firebreak which consists of a clearing of not less than 10 feet in each direction from the outer circumference of such pole or tower. This section does not, however, apply to any line which is used exclusively as telephone, telegraph, telephone or telegraph messenger call, fire or alarm line, or other line which is classed as a communication circuit by the Public Utilities Commission. The director or the agency which has primary fire protection responsibility for the protection of such areas may permit exceptions from the requirements of this section which are based upon the specific circumstances involved. (Amended by Stats. 1976, Ch. 1300.) - 42920. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
State agencies must develop and submit integrated waste management plans, and the board must adopt a model plan and review procedures.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42920. (a) On or before February 15, 2000, the board shall adopt a state agency model integrated waste management plan for source reduction, recycling, and composting activities. (b) (1) On or before July 1, 2000, each state agency shall develop and adopt, in consultation with the board, an integrated waste management plan, in accordance with the requirements of this chapter. The plan shall build upon existing programs and measures, including the state agency model integrated waste management plan adopted by the board pursuant to subdivision (a), that will reduce solid waste, reuse materials whenever possible, recycle recyclable materials, and procure products with recycled content in all state agency offices and facilities, including any leased locations. It is the intent of the Legislature that the local jurisdiction and the state agency or large state facility located within that jurisdiction work together to implement the state agency integrated waste management plan. (2) Each state agency shall submit an adopted integrated waste management plan to the board for review and approval on or before July 15, 2000. The board shall adopt procedures for reviewing and approving those integrated waste management plans. The board shall complete its plan review process on or before January 1, 2001. (3) If a state agency has not submitted an adopted integrated waste management plan or the model integrated waste management plan with revisions to the board by January 1, 2001, or if the board has disapproved the plan that was submitted, then the model integrated waste management plan, as revised by the board in consultation with the agency, shall take effect on that date, or on a later date as determined by the board, and shall have the same force and effect as if adopted by the state agency. (c) Notwithstanding subdivision (e) of Section 12217 of the Public Contract Code, at least one solid waste reduction and recycling coordinator shall be designated by each state agency. The coordinator shall perform the duties imposed pursuant to this chapter using existing resources. The coordinator shall be responsible for implementing the integrated waste management plan and shall serve as a liaison to other state agencies and coordinators. (d) The board shall provide technical assistance to state agencies for the purpose of implementing the integrated waste management plan. (Amended by Stats. 2005, Ch. 590, Sec. 43. Effective January 1, 2006.) - 42921. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
State agencies and large state facilities must divert specified shares of solid waste through source reduction, recycling, and composting.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42921. (a) Each state agency and each large state facility shall divert at least 25 percent of all solid waste generated by the state agency by January 1, 2002, through source reduction, recycling, and composting activities. (b) On and after January 1, 2004, each state agency and each large state facility shall divert at least 50 percent of all solid waste through source reduction, recycling, and composting activities. (Amended by Stats. 2008, Ch. 343, Sec. 17. Effective January 1, 2009.) - 42921.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
The board must review state agencies’ and large state facilities’ compliance with Section 42921 using per capita disposal rates, and it may require extra programs if needed.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42921.5. (a) After January 1, 2009, the board shall determine each state agency’s or a large state facility’s compliance with Section 42921, for each year, commencing with January 1, 2007, by comparing the per capita disposal rate in subsequent years with the equivalent per capita disposal rate that would have been necessary for the state agency or large state facility to comply with Section 42921 on January 1, 2007, as calculated pursuant to subdivision (d). (b) In making a determination whether a state agency or large state facility is in compliance with the requirements of Section 42921, the board may consider an agency’s or facility’s per capita disposal rate as a factor in determining whether the state agency or large state facility is adequately implementing its integrated waste management plan. The board shall not consider a state, agency, or large state facility’s per capita disposal rate to be determinative when considering whether the agency or facility is implementing its integrated waste management plan. (c) When determining whether an agency or facility is in compliance with Section 42921, the board shall consider that an increase in the per capita disposal rate is a result of disposal amounts increasing faster than the growth of the state agency or large state facility. The board shall use an increase in the per capita disposal rate that is in excess of the equivalent per capita disposal rate as a factor in determining whether the board is required to more closely examine the agency’s or facility’s plan implementation efforts. If indicated by this examination, the board may require a state agency or large state facility to expand existing programs or implement new programs. (d) (1) Except as provided in paragraph (2), “per capita disposal” or “per capita disposal rate” means the total annual disposal by a state agency or large state facility, in pounds, divided by total number of employees in that state agency or large state facility, and divided by 365 days. (2) The board may alternatively define per capita disposal or per capita disposal rate for a state agency or large state facility that has a significant amount of disposal from nonemployees or for other reasons that would make calculation of per capita disposal by the number of employees inaccurate. (Added by Stats. 2008, Ch. 343, Sec. 18. Effective January 1, 2009.) - 42924. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
The board must set recyclable-material area requirements for state buildings, and state agencies, large state facilities, and the Department of General Services must provide adequate space, areas, and personnel in covered leases and facility projects.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42924. (a) On or before February 15, 2000, the board shall develop and adopt requirements relating to adequate areas for collecting, storing, and loading recyclable materials in state buildings. In developing the requirements, the board may rely on the model ordinance adopted pursuant to Chapter 18 (commencing with Section 42900). (b) Each state agency or large state facility, when entering into a new lease, or renewing an existing lease, shall ensure that adequate areas are provided for, and adequate personnel are available to oversee, the collection, storage, and loading of recyclable materials in compliance with the requirements established pursuant to subdivision (a). (c) In the design and construction of state agency offices and facilities, the Department of General Services shall allocate adequate space for the collection, storage, and loading of recyclable materials in compliance with the requirements established pursuant to subdivision (a). (Added by Stats. 1999, Ch. 764, Sec. 4. Effective January 1, 2000.) - 42924.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
The department must issue recycling guidance by July 1, 2017, and state agencies and large state facilities must provide recycling resources and review them at least yearly.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42924.5. (a) On or before July 1, 2017, the department shall develop guidance for collecting and recycling recyclable materials in office buildings of state agencies and large state facilities. (b) For purposes of this section, “recyclable materials” shall include, but are not limited to, paper, plastic, metal, and organic waste. (c) On and after July 1, 2018, a state agency and large state facility, for each office building of the state agency or large state facility, shall provide adequate receptacles, signage, education, and staffing, and arrange for recycling services consistent with Sections 42649.2 and 42649.81. (d) At least once per year, a state agency and large state facility shall review the adequacy and condition of receptacles for recyclable material and of associated signage, education, and staffing. (e) For purposes of this section, “state agency” and “large state facility” do not include buildings or facilities of community college districts or their campuses. (Added by Stats. 2016, Ch. 530, Sec. 1. (AB 2812) Effective January 1, 2017.) - 42925. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
The board must establish and run a waste reduction award program for state agencies and large state facilities that create and implement innovative integrated waste management plans.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42925. (a) Any cost savings realized as a result of the state agency integrated waste management plan shall, to the extent feasible, be redirected to the agency’s integrated waste management plan to fund plan implementation and administration costs, in accordance with Sections 12167 and 12167.1 of the Public Contract Code. (b) The board shall establish and implement a waste reduction award program for state agencies and large state facilities that develop, adopt, and implement innovative and effective integrated waste management plans in compliance with this chapter. (Added by Stats. 1999, Ch. 764, Sec. 4. Effective January 1, 2000.) - 42926. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
Each state agency must file an annual solid-waste progress report with the department by May 1 each year.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42926. (a) In addition to the information provided to the department pursuant to Section 12167.1 of the Public Contract Code, each state agency shall submit an annual report to the department summarizing its progress in reducing solid waste as required by Section 42921. The annual report shall be due on or before May 1 of each year. The information in this report shall encompass the previous calendar year. (b) A state agency’s annual report to the department shall, at a minimum, include all of the following: (1) Calculations of annual disposal reduction. (2) Information on the changes in waste generated or disposed of due to increases or decreases in employees, economics, or other factors. (3) A summary of progress made in implementing the integrated waste management plan. (4) The extent to which the state agency intends to utilize programs or facilities established by the local agency for the handling, diversion, and disposal of solid waste. If the state agency does not intend to utilize those established programs or facilities, the state agency shall identify sufficient disposal capacity for solid waste that is not source reduced, recycled, or composted. (5) A summary of the state agency’s compliance with the requirements specified in subdivisions (c) and (d) of Section 42924.5. (6) A summary of the state agency’s compliance with Chapter 12.8 (commencing with Section 42649) and Chapter 12.9 (commencing with Section 42649.8), if applicable. (7) Other information relevant to compliance with Section 42921. (c) The department shall use, but is not limited to the use of, the annual report in the determination of whether the agency’s integrated waste management plan needs to be revised. (d) For purposes of this section, the meaning of “state agency” does not include a district agricultural association, as defined in Section 3951 of the Food and Agricultural Code. (Amended by Stats. 2016, Ch. 530, Sec. 2.5. (AB 2812) Effective January 1, 2017.) - 42927. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. )
A community college district must prioritize recyclable-material revenue and cost savings for waste plan purposes, and it must report annual recyclable collection quantities to the board.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 18.5. State Agency Integrated Waste Management Plan [42920 - 42927] ( Chapter 18.5 added by Stats. 1999, Ch. 764, Sec. 4. ) ## 42927. (a) A community college district shall give first priority for the expenditure of the revenues derived from the sale of recyclable materials resulting from the implementation of the district’s integrated waste management plan for the purposes of offsetting the recycling program costs imposed pursuant to this chapter. (b) A community college district shall expend all cost savings that result from implementation of the district’s integrated waste management plan pursuant to this chapter to fund the continued implementation of the plan consistent with the requirement that revenues from the sale of recyclable materials be used to offset recycling program costs, as specified in Sections 12167 and 12167.1 of the Public Contract Code. (c) A community college district shall provide information on the quantities of recyclable materials collected for recycling annually to the board, according to a schedule determined by the board and the district. (Added by Stats. 2008, Ch. 343, Sec. 20. Effective January 1, 2009.) - 4293. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Owners and operators of electrical transmission or distribution lines in mountainous, forest-covered, brush-covered, or grass-covered land must keep required vegetation clearance and remove hazardous dead or weakened trees, subject to specified exceptions.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4293. Except as otherwise provided in Sections 4294 to 4296, inclusive, any person that owns, controls, operates, or maintains any electrical transmission or distribution line upon any mountainous land, or in forest-covered land, brush-covered land, or grass-covered land shall, during such times and in such areas as are determined to be necessary by the director or the agency which has primary responsibility for the fire protection of such areas, maintain a clearance of the respective distances which are specified in this section in all directions between all vegetation and all conductors which are carrying electric current: (a) For any line which is operating at 2,400 or more volts, but less than 72,000 volts, four feet. (b) For any line which is operating at 72,000 or more volts, but less than 110,000 volts, six feet. (c) For any line which is operating at 110,000 or more volts, 10 feet. In every case, such distance shall be sufficiently great to furnish the required clearance at any position of the wire, or conductor when the adjacent air temperature is 120 degrees Fahrenheit, or less. Dead trees, old decadent or rotten trees, trees weakened by decay or disease and trees or portions thereof that are leaning toward the line which may contact the line from the side or may fall on the line shall be felled, cut, or trimmed so as to remove such hazard. The director or the agency which has primary responsibility for the fire protection of such areas may permit exceptions from the requirements of this section which are based upon the specific circumstances involved. (Amended by Stats. 1976, Ch. 1300.) - 4294. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
If self-supporting aerial cable is used, clearing for line clearance is not required.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4294. A clearing to obtain line clearance is not required if self-supporting aerial cable is used. Forked trees, leaning trees, and any other growth which may fall across the line and break it shall, however, be removed. (Added by Stats. 1965, Ch. 1144.) - 4295. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
A person does not have to maintain a clearing on land if they lack the legal right to maintain it, and no one is required to enter or damage another person’s property without the owner’s consent.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4295. A person is not required by Section 4292 or 4293 to maintain any clearing on any land if such person does not have the legal right to maintain such clearing, nor do such sections require any person to enter upon or to damage property which is owned by any other person without the consent of the owner of the property. (Added by Stats. 1965, Ch. 1144.) - 4295.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Operators of electrical transmission or distribution lines may enter land to prune trees and remove hazardous trees, after notice and an opportunity to be heard, and with clearance limits no lower than Section 4293.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4295.5. (a) Notwithstanding any other law, including Section 4295, a person who owns, controls, operates, or maintains an electrical transmission or distribution line may traverse land as necessary, regardless of land ownership or express permission to traverse land from the landowner, after providing notice and an opportunity to be heard to the landowner, to prune trees to maintain clearances pursuant to Section 4293, and to abate, by pruning or removal, any hazardous, dead, rotten, diseased, or structurally defective live trees. The clearances obtained when the pruning is performed shall be at the full discretion of the person that owns, controls, operates, or maintains any electrical transmission or distribution line, but shall be no less than what is required in Section 4293. This section shall apply to both high fire threat districts, as determined by the California Public Utilities Commission pursuant to its rulemaking authority, and to state responsibility areas. (b) Subdivision (a) does not exempt a person who owns, controls, operates, or maintains an electrical transmission or distribution line from liability for damages for the removal of vegetation that is not covered by an easement granted to the person for the electrical transmission or distribution line. (Amended by Stats. 2021, Ch. 133, Sec. 69. (SB 272) Effective July 23, 2021.) - 42950. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 1. Definitions [42950- 42950.] ( Article 1 added by Stats. 1993, Ch. 511, Sec. 2. )
This section defines terms used in the tire hauler registration chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 1. Definitions [42950- 42950.] ( Article 1 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42950. For purposes of this chapter, the following definitions apply: (a) “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures at an agricultural site. (b) (1) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart. “Altered waste tire” does not mean crumb rubber. (2) “Alteration” or “altering,” with reference to a waste tire, means an action that produces an altered waste tire. (c) “Applicant” means a person seeking to register as a waste tire hauler. (d) “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume. (e) “Common carrier” means a “common carrier,” as defined in Section 211 of the Public Utilities Code. (f) “Crumb rubber” means rubber granules derived from a waste tire that are less than or one-quarter inch or six millimeters in size. (g) “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 use as a vehicle tire, and that meets the applicable requirements of the Vehicle Code and Title 13 of the California Code of Regulations. (h) “Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire. (i) “Tire broker” means a person that arranges for the shipment of used or waste tires to or from a site located within the state, or through the state, as that term may be further defined by the department by regulation. “Tire broker” does not include a tire retailer primarily engaged in the retail sale, service, and installation of new tires on customer vehicles, or a vehicle dealer, as defined in Section 285 of the Vehicle Code. (j) “Tire derived product” means material that meets both of the following requirements: (1) Is derived from a process using waste tires or waste tire equivalents as a feedstock. A process using waste tires or waste tire equivalents includes, but is not limited to, shredding, crumbing, or chipping. (2) Has been sold and removed from the processing facility. (k) “Used tire” means a tire that meets both of the following requirements: (1) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire. (2) The tire meets the applicable requirements of the Vehicle Code and of Title 13 of the California Code of Regulations. (l) “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, and altered waste tire, but does not include a tire derived product, crumb rubber, or a used tire. (m) “Waste tire generator” or “waste tire generating business” means a person as defined by Section 40170 whose act or process produces waste tires as defined in Section 42807, causes a waste tire hauler to transport those waste tires, or otherwise causes waste tires to become subject to regulation. “Waste tire generator” or “waste tire generating business” does not include a person who transports 10 or fewer waste tires at any one time. (Amended by Stats. 2013, Ch. 392, Sec. 2. (AB 501) Effective January 1, 2014.) - 42951. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
People who transport waste or used tires must have a valid hauler registration unless an exemption in Section 42954 applies.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42951. (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. (Amended by Stats. 2022, Ch. 542, Sec. 2. (SB 1181) Effective January 1, 2023.) - 42952. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
People transporting waste or used tires must register with the department, and tire brokers must also register. They may not hold themselves out as waste and used tire haulers without registration, except as provided in Section 42954.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42952. (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. (Amended by Stats. 2012, Ch. 534, Sec. 15. (AB 1647) Effective January 1, 2013.) - 42953. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
A person arranging waste or used tire transport must use only a hauler with a valid department registration, unless the hauler is exempt under Section 42954.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42953. 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. (Amended by Stats. 2022, Ch. 542, Sec. 3. (SB 1181) Effective January 1, 2023.) - 42954. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
People hauling waste or used tires are exempt from registration if they meet one of the listed conditions.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42954. (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). (Amended by Stats. 2022, Ch. 542, Sec. 4. (SB 1181) Effective January 1, 2023.) - 42955. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
Registration applications for waste and used tire haulers must use a department-approved form and include specified vehicle, business, bond, and other required information.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42955. 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. (Amended by Stats. 2022, Ch. 542, Sec. 5. (SB 1181) Effective January 1, 2023.) - 42956. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
The department must issue the registration and decal after approving an application, and the registration must be shown when an authorized department representative asks for it.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42956. (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. (Amended by Stats. 2022, Ch. 542, Sec. 6. (SB 1181) Effective January 1, 2023.) - 42957. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. )
A new or renewed tire broker registration application must be in a department-approved format and include required business details.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 2. Registration and General Provisions [42951 - 42957] ( Article 2 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42957. 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. (Added by Stats. 2012, Ch. 534, Sec. 16. (AB 1647) Effective January 1, 2013.) - 42958. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
The initial tire hauler registration is valid from issuance until January 1 of the next calendar year, later renewals last one year, and the registration must be renewed before it expires.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42958. 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. (Amended by Stats. 2000, Ch. 838, Sec. 28. Effective January 1, 2001.) - 4296. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Sections 4292 and 4293 do not apply to transmission or distribution lines at 750 volts or less.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4296. Sections 4292 and 4293 do not apply if the transmission or distribution line voltage is 750 volts or less. (Added by Stats. 1965, Ch. 1144.) - 4296.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. )
Railroad operators on forest, brush, or grass-covered land must clear or modify flammable vegetation on the right-of-way when ordered by the director or the local fire-protection agency.
## Public Resources Code - PRC ## DIVISION 4. FORESTS, FORESTRY AND RANGE AND FORAGE LANDS [4001 - 4958] ( Division 4 repealed and added by Stats. 1965, Ch. 1144. ) ## PART 2. PROTECTION OF FOREST, RANGE AND FORAGE LANDS [4101 - 4789.7] ( Part 2 added by Stats. 1965, Ch. 1144. ) ## CHAPTER 3. Mountainous, Forest-, Brush- and Grass-Covered Lands [4291 - 4299] ( Chapter 3 added by Stats. 1965, Ch. 1144. ) ## 4296.5. (a) Any person or corporation operating a railroad on forest, brush, or grass-covered land shall, if ordered by the director or the agency having primary responsibility for fire protection of the area, destroy, remove, or modify so as not to be flammable any vegetation or other flammable material defined by regulation of the director to be a fire hazard on the railroad right-of-way. The director shall adopt regulations establishing fire prevention hazard reduction standards for broad geographic areas by fuel type, slope, and potential for ignition from hot or flaming exhaust, carbon particles, hot metal, burning signal devices, burning tobacco, and other similar potential sources of ignition. (b) The order to destroy, remove, or modify vegetation or other flammable material shall specify the location of the hazard to be destroyed, removed, or modified within the right-of-way, the width of the hazard which shall not exceed the width of the right-of-way, and the time within which compliance with the order is required. (c) The director or the agency having primary responsibility for fire protection of the area shall allow a reasonable period of time for compliance with an order to destroy, remove, or modify vegetation or other flammable material. (Added by Stats. 1978, Ch. 698.) - 42960. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
The department may suspend, revoke, or deny a waste and used tire hauler registration if the applicant or holder violates the stated requirements or makes certain false or incomplete disclosures.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42960. (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. (Amended by Stats. 2012, Ch. 534, Sec. 17. (AB 1647) Effective January 1, 2013.) - 42961. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
The department must notify the registration applicant or holder of a revocation, suspension, or denial, serve a statement of issues, and process any hearing and decision within set deadlines.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42961. (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. (Repealed and added by Stats. 2012, Ch. 534, Sec. 19. (AB 1647) Effective January 1, 2013.) - 42961.1. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
Hearings required under this chapter must be conducted by the director under informal hearing rules, though the department may start or switch a hearing to the formal hearing process.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42961.1. 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. (Added by Stats. 2012, Ch. 534, Sec. 20. (AB 1647) Effective January 1, 2013.) - 42961.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
Waste and used tire haulers must complete and carry a manifest, show it on demand, give it to the receiving or transferring facility at transfer, and keep and submit copies as required by the department.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42961.5. (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. (Amended by Stats. 2022, Ch. 542, Sec. 7. (SB 1181) Effective January 1, 2023.) - 42961.7. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. )
A tire broker must submit periodic information to the department about used or waste tires shipped to, from, or through the state. The department must set the reporting schedule and how the information must be provided.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 3. Renewal, Suspension, and Revocation [42958 - 42961.7] ( Article 3 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42961.7. (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. (Added by Stats. 2012, Ch. 534, Sec. 21. (AB 1647) Effective January 1, 2013.) - 42962. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. )
People who violate chapter requirements or make false statements in compliance documents can face civil penalties; the department may also impose administrative civil penalties, and it must adopt regulations for those administrative penalties.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42962. (a) Any person who does any of the following shall be liable for a civil penalty not to exceed twenty-five thousand dollars ($25,000) for each violation of a separate provision or for continuing violations for each day that violation continues: (1) Intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. (2) Knowingly, or with reckless disregard, makes any false statement or representation in any application, manifest, record, report, permit, or other document filed, maintained, or used for purposes of compliance with this chapter. (b) Liability under subdivision (a) may be imposed in a civil action. (c) In addition to the civil penalty that may be imposed pursuant to subdivision (a), the department may impose civil penalties administratively in an amount not to exceed five thousand dollars ($5,000) for each violation of a separate provision or for continuing violations for each day that violation continues, on any person who intentionally or negligently violates any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter. The department shall adopt regulations that specify the procedures and amounts for the imposition of administrative civil penalties pursuant to this subdivision. (Amended by Stats. 2022, Ch. 542, Sec. 8. (SB 1181) Effective January 1, 2023.) - 42962.5. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. )
Traffic officers and peace officers may enforce this chapter as authorized representatives of the department.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42962.5. Any traffic officer, as defined in Section 625 of the Vehicle Code, and any peace officer, as specified in Section 830.1 of the Penal Code, may enforce this chapter as authorized representatives of the department. (Amended by Stats. 2022, Ch. 542, Sec. 9. (SB 1181) Effective January 1, 2023.) - 42963. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. )
Local governments keep some land-use enforcement power over waste or used tire facilities, and the department may let a city, county, or city and county enforce this chapter if requested.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 4. Enforcement [42962 - 42963] ( Article 4 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42963. (a) This chapter, or any regulations adopted pursuant to Section 42966, is not a limitation on the power of a city, county, or district to impose and enforce reasonable land use conditions or restrictions on facilities that handle waste or used tires in order to protect the public health and safety or the environment, including preventing or mitigating potential nuisances, if the conditions or restrictions do not conflict with, or impose less stringent requirements than, this chapter or those regulations. However, this chapter, including any regulations that are adopted pursuant to Section 42966, is intended to establish a uniform statewide program for the regulation of waste and used tire haulers that will prevent the illegal disposal of tires, but that will not subject waste and used tire haulers to multiple registration or manifest requirements. Therefore, any local laws regulating the transportation of waste or used tires are preempted by this chapter. (b) Upon request of a city, county, or city and county, the department may designate, in writing, that city, county, or city and county to exercise the enforcement authority granted to the department under this chapter. A city, county, or city and county designated by the department pursuant to this subdivision shall follow the same procedures set forth for the department under this article. This designation shall not limit the authority of the department to take action it deems necessary or proper to ensure the enforcement of this chapter. (Amended by Stats. 2022, Ch. 542, Sec. 10. (SB 1181) Effective January 1, 2023.) - 42964. Verify source ↗
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 5. Financial Provisions [42964- 42964.] ( Article 5 added by Stats. 1993, Ch. 511, Sec. 2. )
The department may spend money from the California Tire Recycling Management Fund, if the Legislature appropriates it, to implement this chapter.
## Public Resources Code - PRC ## DIVISION 30. WASTE MANAGEMENT [40000 - 49654] ( Division 30 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## PART 3. STATE PROGRAMS [42000 - 42999.7] ( Part 3 added by Stats. 1989, Ch. 1096, Sec. 2. ) ## CHAPTER 19. Tire Hauler Registration [42950 - 42967] ( Chapter 19 added by Stats. 1993, Ch. 511, Sec. 2. ) ## ARTICLE 5. Financial Provisions [42964- 42964.] ( Article 5 added by Stats. 1993, Ch. 511, Sec. 2. ) ## 42964. The department may expend funds from the California Tire Recycling Management Fund, upon appropriation by the Legislature, for purposes of implementation of this chapter. (Amended by Stats. 2022, Ch. 542, Sec. 11. (SB 1181) Effective January 1, 2023.)
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