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Waste
Tire Enforcement Program
Bakersfield Code Enforcement Complaint Line (661) 326-3712
A waste tire is a tire that has been removed from the wheel of
a vehicle and is no longer suitable for its original intended purpose
due to wear, damage or defect. This includes used tires.
Regulatory Authority
Pursuant to Public Resources Code (PRC) §42811, the IWMB
is the sole authority in the enforcement of the waste tire standards.
This statute does not preclude Local Enforcement Agencies (LEAs)
from enforcing more stringent local ordinances to persons or business
involved in the storage, stockpiling, processing or disposing of
waste tires.
The Waste Tire statutes are located in PRC Division 30, Part 3,
Chapters 16 and 19. The Waste Tire Regulations are in Title 14,
California Code of Regulations (CCR), Division 7, Chapter 3. The
Waste Tire Statutes and Regulations authorize the IWMB to regulate:
Generators of waste tires.
Transportation of waste tires.
Storage and disposal of waste tires.
Waste Tire Generator Requirements
Generators of waste tires are required to:
Release waste tires to only registered waste tire haulers.
Maintain waste tire manifests and records for at least three years.
Waste Tire Hauler Requirements
Any person who transports five or more waste tires is required
to be registered as a waste tire hauler. Haulers of waste tires
are required to:
Register annually with the IWMB.
Post a $10,000 bond.
Have a waste tire manifest in possession while transporting waste
tires.
Transport waste tires to a landfill, permitted waste tire facility
or another authorized facility.
Return completed manifest to generator, if requested.
Waste Tire Facility Requirements
A location (other than a landfill) which accumulates waste tires
for resale, processing, storage or disposal is a waste tire facility.
Waste tire facilities are classified based upon the volume of waste
tires being stockpiled at the location.
Minor Major
500 or more, but less than 5,000, 5,000 or more waste tires stored,
waste tires stored, stockpiled, stockpiled, accumulated or discarded
accumulated or discarded at any at any time.
Major and Minor Waste Tire Facilities are required to meet certain
storage standards. These include:
FIRE PREVENTION MEASURES (14 CCR §17351)
Communication equipment
Fire Control equipment
dry chemical fire extinguisher;
two and one-half gallon water extinguisher;
pike pole at least 10 feet in length; and
round point and square point shovels.
Adequate water supply
1,000 gpm for three hours
2,000 gpm for three hours if 10,000 or more tires are present
All of the requirements apply unless the local fire authority determines
that a different requirement is necessary or adequate to meet the
intent of these regulations for fire control and the protection
of like and property, subject to Board concurrence at the time
of issuance or renewal of the permit.
Facility Access and Security (14 CCR §17352)
Signs
Attendant
Access
Access road maintained;
Unauthorized access stricly controlled by fencing or other means.
Vector Control Measures (14 CCR §17353)
Stored in a manner which prevents the breeding and harborage of
mosquitoes, rodents and other vectors by:
Cover with impermeable barriers;
Use of treatments or methods to or eliminate vector breeding as
approved appropriate by the local vector control authority.
Storage of Waste Tires (14 CCR §17354)
Waste Tire Storage Units:
Not to exceed 5,000 square feet of contiguous area.
Not to exceed 50,000 cubic feet or 10 feet in height.
Not to exceed six feet in height when within 20 feet of any property
line.
Not to be located within 10 feet of any property line.
Separated from vegetation and other potentially flammable materials
(inner tubes) by no less than 40 feet.
Accessible fire lanes between storage units unobstructed at all
times.
Surface water drainage directed around and away from storage area.
Not stored on surfaces with grades that interfere with fire fighting
equipment or personnel unless approved by the local fire authority
or a registered fire safety engineer.
Tires must be removed from rims immediately upon arrival at the
facility.
The site shall be designed and constructed to provide protection
to bodies of water from runoff of a paralytic oil resulting from
a potential tire fire.
All of the requirements apply to the storage of waste tires unless
the local fire authority determines that a different requirement
is necessary or adequate to meet the intent of these regulations.
New Waste Tire Facilities
Additionally, new waste tire facilities shall not:
Be located in 100-year flood plain unless migration of waste tires
offsite can be adequately controlled.
Be located on sites with grades or other physical features that
will interfere with fire fighting equipment or personnel.
What are the penalties for violating the law?
PRC §42850 allows the IWMB to impose penalties of up to $10,000
per violation for each day out of compliance. The penalties may
be imposed in civil court or administratively.
PRC §42825 makes it a misdemeanor to accept waste tires at
a major waste tire facility without a permit or to knowingly direct
or transport waste tires to an unpermitted facility. Conviction
is punishable by up to one year in the count jail and/or a fine
of not less than $1,000 but not greater than $10,000 for each day
of violation.
PRC §42835 makes it a misdemeanor to accept waste tires at
a minor waste tire facility without a permit or to knowingly direct
or transport waste tires to an unpermitted facility. Conviction
is punishable by up to one year in the county jail and/or a fine
of not less than $500 but not greater than $5,000 for each day
of violation.
VEHICLE CODE §31560 makes it an infraction for any person
to transport five or more waste tires without a valid waste tire
hauler registration (issued by IWMB) or the appropriate waste tire
manifest.
PENAL CODE §374.3(e) makes it an infraction for any person
to dispose of waste tires on private lands or public highways.
Upon conviction, penalties for disposal of waste tires are to be
no less than $200 and no more than $2,000. If it can be established
that commercial quantities were disposed, the violation becomes
a misdemeanor which is punishable by no more than six months in
county jail and a tripled fine.
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