SECTIONS 42958-42961.5

42958.  The initial waste and used tire hauler registration issuedpursuant to this chapter shall be valid from the date of issuance toJanuary 1 of the subsequent calendar year. Subsequent renewals shallbe valid for one calendar year. The registration shall be renewedprior to its expiration.42960.  (a) The board may suspend, revoke, or deny a waste and usedtire hauler registration for a period of up to three years, by filingan accusation in accordance with the procedures of Sections 11505 to11519, inclusive, of the Government Code, if the holder of theregistration does any of the following: (1) Commits more than three violations of, or fails to comply withany requirements of, this chapter or Chapter 16 (commencing withSection 42800), or the regulations adopted pursuant to thoseprovisions, within a one year period. (2) Commits, aids, or abets any violation of this chapter orChapter 16 (commencing with Section 42800), or the regulationsadopted pursuant to those provisions, or permits an agent to do so,and the board determines that the violation poses an immediate threatof harm to public safety or to the environment. (3) Commits, aids, or abets a failure to comply with this chapteror Chapter 16 (commencing with Section 42800), or the regulationsadopted pursuant to those provisions, or permits an agent to do so,and the board determines that the failure to comply shows a repeatingor recurring occurrence or that the failure to comply may pose athreat to public health or safety or the environment. (4) Commits any misrepresentation or omission of a significantfact or other required information in the application for a waste andused tire hauler registration or commits any misrepresentation oromission of fact on any manifest more than three times in one year. (b) The board may suspend, revoke, or deny a waste and used tirehauler registration for a period of three years to five years, or maysuspend, revoke, or deny a waste and used tire hauler registrationpermanently, in accordance with the procedures specified insubdivision (a), under any of the following circumstances: (1) The hauler's registration has been previously revoked ordenied for any violation specified in subdivision (a). (2) The hauler has been previously fined pursuant to this chapteror Chapter 16 (commencing with Section 42800). (3) The board determines that the hauler's operations pose asignificant threat to public health and safety.42961.  If the board denies an application for registration, theapplicant may request a hearing by the board.42961.5.  (a) For purposes of this chapter, the followingdefinitions shall apply: (1) "California Uniform Waste and Used Tire Manifest" means ashipping document signed by a generator of waste or used tires, awaste and used tire hauler, or the operator of a waste or used tirefacility or other destination that contains all of the informationrequired by the board, including, but not limited to, an accuratemeasurement of the number of tires being shipped, the type or typesof the tires, the date the shipment originated, and the origin andintended final destination of the shipment. (2) "Waste and used tire hauler" means any person required to beregistered with the board pursuant to subdivision (a) of Section42951. (b) Any person generating waste or used tires that are transportedor submitted for transportation, for offsite handling, altering,storage, disposal, or for any combination thereof, shall complete aCalifornia Uniform Waste and Used Tire Manifest, as required by theboard. The generator shall provide the manifest to the waste and usedtire hauler at the time of transfer of the tires. Each generatorshall submit to the board, on a quarterly schedule, a legible copy ofeach manifest. The copy submitted to the board shall contain thesignatures of the generator and the waste and used tire hauler. (c) (1) Any waste and used tire hauler shall have the CaliforniaUniform Waste and Used Tire Manifest in his or her possession whiletransporting waste or used tires. The manifest shall be shown upondemand to any representative of the board, any officer of theCalifornia Highway Patrol, any peace officer, as defined in Section830.1 or 830.2 of the Penal Code, or any local public officerdesignated by the board. (2) Any waste and used tire hauler hauling waste or used tires foroffsite handling, altering, storage, disposal, or any combinationthereof, shall complete the California Uniform Waste and Used TireManifest as required by the board. The waste and used tire haulershall provide the manifest to the waste or used tire facilityoperator who receives the waste or used tires for handling, altering,storage, disposal, or any combination thereof. Each waste and usedtire hauler shall submit to the board, on a quarterly schedule, alegible copy of each manifest. The copy submitted to the board shallcontain the signatures of the generator and the facility operator. (d) Each waste or used tire facility operator that receives wasteor used tires for handling, altering, storage, disposal, or anycombination thereof, that was transported with a manifest pursuant tothis section, shall submit copies of each manifest provided by thewaste and used tire hauler to the board and the generator on aquarterly schedule. The copy submitted to the board shall contain thesignatures of each generator, each transporter, and the facilityoperator. If approved by the board, in lieu of submitting a copy ofeach manifest used, a facility operator may submit an electronicreport to the board meeting the requirements of Section 42814. (e) The board shall develop and implement a system for auditingmanifests submitted to the board pursuant to this section, for thepurpose of enforcing this section. The board or its agent shallcontinuously conduct random sampling and matching of manifestssubmitted by any person generating waste or used tires, hauling wasteor used tires, or operating waste or used tire facilities, to assurecompliance with this section. (f) (1) If approved by the board, any waste and used tiregenerator, waste and used tire hauler, or operator of a waste tirefacility that is subject to the manifest requirements of thissection, may submit an electronic report to the board, in lieu ofsubmitting the copy of the manifest required. The electronic reportshall include all information required to be on the CaliforniaUniform Waste and Used Tire Manifest, and any other informationrequired by the board. (2) A waste and used tire generator, waste and used tire hauler,or operator of a waste tire facility that is subject to paragraph (1)may submit the electronic reports to the board on a quarterlyschedule.