Solid waste: waste tires: enforcement.

(1) Existing law requires, upon the order of the Department of Resources Recycling and Recovery, a person who stores, stockpiles, or accumulates waste tires in violation of the provisions regulating the storage, stockpiling, or accumulation of waste tires to clean up those waste tires and abate the effects of the waste tires or take other necessary remedial actions in the case of threatened pollution or nuisance. Existing law requires the Attorney General, at the request of the department, to petition the appropriate superior court for the issuance of an injunction if the person fails to comply with the cleanup or abatement order. Existing law authorizes, at the request of the department, the district attorney or county counsel of the county in which the violation occurred to petition the court for the issuance of an injunction if the Attorney General fails to petition the court within 45 days of the department's request to the Attorney General. This bill would require the department to include additional requirements in an order issued to a person operating an unpermitted waste tire facility and would specify procedures for the issuance of an injunction to the operators of both permitted and unpermitted waste tire facilities. The bill would shorten that time period to 30 days within which the Attorney General must petition the court for the issuance of an injunction at the request of the department, or the department may use the above-described alternative process. The bill would require the department to include in the order a condition that the department perform inspections at the location of the violation that are in addition to those inspections otherwise required. (2) Existing law authorizes the department to refuse to issue or renew a waste tire facility permit on specified grounds. This bill would repeal that authorization. The bill would authorize the department to 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. (3) Existing law authorizes the department, subject in some cases to a formal administrative adjudicative hearing, to revoke, suspend, or deny a waste tire facility permit if the department makes specified findings. This bill would, instead, authorize the department to revoke, suspend, or deny a waste tire facility permit for up to 3 years if the department serves a statement of issues and if the applicant or permitholder takes specified actions. The bill would require the department to notify the applicant for, or the holder of, the permit of a violation, and, upon receipt of a notice of defense, schedule a hearing before the Director of Resources Recycling and Recovery. The bill would require the hearing to be conducted pursuant to a specified informal hearing procedure, but would authorize the department to conduct the hearing pursuant to, or convert the hearing to be conducted pursuant to, the formal administrative adjudicative hearing procedures. (4) Existing law authorizes the department to issue and serve an administrative complaint to a person on whom civil liability is imposed for a violation of law regulating waste tire facilities. Existing law requires the department to inform the person served that a formal administrative hearing will be held within 60 days of service unless the person waives his or her right to a hearing. This bill would, instead, require the department to serve an administrative accusation on the person. The bill would require the department to schedule an administrative hearing before the director within 15 days of receipt of a notice of defense to the administrative accusation. The bill would require the director to issue, within 60 days of the submission of the case, an order setting the amount of civil penalty to be imposed, if any. (5) The California Tire Recycling Act (act) requires a person who purchases a new tire to pay a California tire fee, for deposit in the California Tire Recycling Management Fund, for expenditure by the department, upon appropriation by the Legislature, for programs related to the disposal of waste tires. The act provides the tire recycling program may include the awarding of grants and loans for various purposes related to reducing landfill disposal of used whole tires and tire recycling. The program also specifies that the activities eligible for funding include the manufacture of specified products made from used tires. This bill would additionally include, in the tire recycling program, the issuance of subsidies and rebates for those purposes for which grants and loans may be issued and the development and implementation of a waste tire incentive payment program. The bill would additionally include, as eligible for funding, the manufacture of certain other products made from used tires. (6) Existing law authorizes the department to revoke, suspend, or deny a waste and used tire hauler registration if the department makes specified findings. Existing law authorizes an applicant for the registration to request a hearing if the application is denied. This bill would instead authorize the department to take those actions if the applicant for, or holder of, the registration takes specified actions. The bill would authorize a holder of the registration to request a hearing upon the revocation or suspension of the registration. The bill would require the department to notify the applicant for, or the holder of, the registration of the revocation, suspension, or denial and the effective date of the revocation, suspension, or denial and serve a statement of issues to the applicant for, or the holder of, the registration. The bill would require the department to conduct a hearing before the director. The bill would provide that the revocation or suspension remain in effect until the hearing is completed and the department has made a final determination on the merits. The bill would provide that the revocation or suspension is of no further effect if the department fails to transmit the determination within 60 days of the submission of the case. The bill would require hearings regarding the registration of tire haulers to be conducted pursuant to a specified informal hearing procedure, but would authorize the department to conduct the hearing pursuant to, or convert the hearing to be conducted pursuant to, the formal administrative adjudicative hearing procedures. This bill would require, following the issuance of a final decision following that hearing, that the department perform specified additional inspections, to be reimbursed by the person who is the subject of the order. (7) The act requires the department to adopt a 5-year plan, which is to be updated biennially, to establish goals and priorities for waste tire programs. This bill would require a tire broker, who would be defined as a person arranging for the shipment of used or waste tires to or from a site located within the state, or through the state, to register with the department, using an application approved by the department that includes specified information. The bill would require a tire broker to submit periodic information to the department on tires arranged to be shipped to, from, or through the state, and would require the department to specify the schedule for the submitting of that information and the manner in which the information would be provided to the department. The bill would make a conforming change to the 5-year plan, with regard to the registration of tire brokers.