1. (a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Department in lieu of the required Comprehensive Trip Log requirements with the following provisions:

   1. (1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry Program.
   2. (2) The business shall be in good standing with the Department and have no final administrative, civil, or criminal actions taken by the Department or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations.
   3. (3) The waste tire generator, waste tire hauler, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically.
   4. (4) The Business entity may use their own functionally equivalent form, once approved by the Department, in lieu of the Department required form.
2. (b) The Department may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c).
3. (c) Any falsification, misrepresentation, or omission of a fact to the Department, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry Program or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry Programs.

Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code.

History

1. New section filed 6-13-2005 as an emergency; operative 6-13-2005 (Register 2005, No. 24). A Certificate of Compliance must be transmitted to OAL by 10-11-2005 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-12-2005 as an emergency; operative 10-12-2005 (Register 2005, No. 41). A Certificate of Compliance must be transmitted to OAL by 2-9-2006 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 2-9-2006 as an emergency; operative 2-9-2006 (Register 2006, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-9-2006 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 2-9-2006 order, including amendment of subsection (a)(4), transmitted to OAL 6-6-2006 and filed 7-19-2006 (Register 2006, No. 29).

5. Amendment filed 3-29-2010; operative 4-28-2010 (Register 2010, No. 14).