1. (a) As provided in Section 18459(b), the common carrier approved for exemption pursuant to Public Resource Code Section 42954 shall not transport 10 or more waste or used tires without having a copy of the Manifest Form in the vehicle while transporting the waste or used tires.

2. (b) The exempt common carrier shall leave one copy of the Manifest Form with the waste tire generator, or end-use facility after the form has been completed with the required information. The common carrier is required to have in their possession a completed Manifest Form while transporting 10 or more waste or used tires. The Manifest Form may be kept with the trailer, as defined in Section 630 of the Vehicle Code, if the Manifest Form is readily accessible to the driver, any representative of the Department, any officer of the California Highway Patrol, any peace officer, as defined in Sections 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Department.

   1. (1) If the final destination is a port terminal, the exempt common carrier shall leave the waste tire generator with a completed Manifest Form and confirming freight transport documentation, which includes, but is not limited to, bills of lading, sales receipts, and shipping invoices. For purposes of this section, the waste tire generator shall be the person who originates the shipment of waste or used tires to the port terminal. The completed Manifest Form shall show the port terminal operator as the final destination.

3. (c) In lieu of Subsection (b), the waste tire generator is authorized by the Department to complete the Manifest Form in advance, including the end-use facility destination information on behalf of the exempt common carrier. This transport process may commonly occur at ports. The waste tire generator shall retain the generator portion of the Manifest Form for their records, submit the CalRecycle copy to the Department within 90 days of the initial shipment, and give the end use facility portion of the manifest and the hauler portion of the manifest to the exempt common carrier prior to shipment of the tires to the end-use facility. The common carrier shall retain their portion of the completed Manifest Form for their records.

   1. (1) The exempt common carrier will have the end-use facility and hauler portions of the Manifest Form in their possession until reaching the final destination.
   2. (2) This process does not alleviate the exempt common carrier of their responsibility to follow the manifesting requirements of this Chapter should the generator fail to follow the process outlined in this subsection.
4. (d) The waste tire generator shall not contract with the exempt common carrier to transport waste or used tires to an end-use facility not legally authorized to accept waste or used tires.
5. (e) The exempt common carrier shall not transport waste or used tires to an end-use facility not legally authorized to accept waste or used tires.
6. (f) Except as provided in Subsection (c), the common carrier shall submit the completed original Manifest Form to the Department within ninety (90) days of the load shipment. The Manifest Form shall contain the signature of the common carrier representative.
7. (g) The common carrier shall contact the Department and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility that does not provide the required information to the exempt common carrier so that the Manifest Form can be completed properly.

Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code.

History

1. New section filed 5-28-2003; operative 7-1-2003 (Register 2003, No. 22).

2. Amendment of subsection (a) and amendment of Note filed 7-21-2004; operative 7-21-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 30).

3. Amendment of subsections (a)-(e) and (g) 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.

4. Amendment of subsections (a)-(e) and (g) 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.

5. Amendment of subsections (a)-(e) and (g) 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.

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

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

8. Amendment of subsections (a) and (b), new subsection (b)(1) and amendment of subsections (d) and (e) filed 9-29-2014; operative 10-29-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 40).