In 1990, the California Legislature enacted comprehensive requirements for the storage and disposal of waste tires. These requirements address potential fire and health risks posed by the growing number of tire piles in California. As a result of these statutes, the California Department of Resources Recycling and Recovery (CalRecycle) adopted regulations for the permitting of waste tire facilities.
What is a Waste Tire?
A waste tire is a tire that has been removed from the wheel of a vehicle and it is no longer suitable for its original intended purpose due to wear, damage or defect per PRC §42807. This includes used tires stored for the purpose of resale.
Pursuant to Public Resources Code (PRC) §42811, the CIWMB is the sole authority in the enforcement of the waste tire standards. This statute does not preclude Local Enforcement Agencies from enforcing more stringent local ordinances to persons or businesses involved in the storage, stockpiling, processing, or disposing of waste tires.
The Waste Tire Statutes and Regulations authorize the CIWMB to regulate . . .
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 (5) 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 CIWMB
Post $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 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.
Major Waste Tire Facility
5,000 or more waste tires stored, stockpiled, accumulated, or discarded at any time.
Minor Waste Tire Facility
500 or more but less than 5,000 waste tires stored, stockpiled, accumulated, or discarded at any time.
Major and Minor Waste Tire Facilities are required to meet certain storage standards. These include . . .
Fire Prevention Measures (12 CCR § 17351)
Fire Control equipment
Dry chemical fire extinguisher
2 1/2 gallon water extinguisher
Pike pole at least 10 feet in length
Round point and square point shovels
Adequate water supply
1,000 gpm for 3 hours
2,000 gpm for 3 hours if 10,000 or more tires are present
Facility Access and Security (14 CCR § 17352)
Signs shall state the name of the operator, operating hours and site rules
Signs shall be posted at the facility entrance
- An attendant shall be present when the facility is open for business
- Access road maintained
- Unauthorized access strictly controlled by fencing or other means
Vector Control Measures (14 CCR § 17353)
Waste tires must be stored in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by . . .
covering with impermeable barriers
use of treatments or methods to prevent or eliminate vector breeding as approved by the local vector control authority
Waste Tire Storage Units shall . . .
not exceed 6 feet in height when within 20 feet of any property line
not be located within 10 feet of any property line
be separated from vegetation and other potentially flammable materials (inner tubes) by no less than 40 feet
have accessible fire lanes between storage units must be unobstructed at all times
have surface water drainage directed around and away from storage area
not be 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
have tires removed from rims immediately upon arrival at the facility
be placed on a site constructed to provide protection of pyrolytic oil resulting from a potential tire fire
New Waste Tire Facilities
Additionally, new waste tire facilities shall not . . .
be located in 100 year flood plain unless migration of waste tires off site 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 CIWMB 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 county 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 fine of not less than $500 but no greater than $5,000 for each day of violation.
Vehicle Code §31560 makes it an infraction for any person to transport five (5) or more waste tires without a valid waste tire hauler registration (issued by CIWMB) 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 6 months in county jail and a trebled fine.