Waste Tire Enforcement

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Complaints

CalRecycle is responsible for investigating complaints regarding tire haulers or storage/facilities. If you think you have a valid complaint, e-mail us at WasteTires@CalRecycle.ca.gov.

Include the following information and attach any evidence that you may have.

  • Name of the Person/Business the Complaint is Regarding
  • Date/Time of Violation
  • Location of Violation Observed
  • License Plate Number & Vehicle Description
  • Quantity of Tires
  • A brief statement describing the nature of your complaint

Include your contact information in the e-mail in case there are further questions regarding the nature of the complaint.
CalRecycle will ensure that you remain anonymous.

CalRecycle Authority

CalRecycle is responsible for tire pile stabilization and remediation in cases where public health and safety and the environment may be at risk. Consequently, regulations were adopted to establish and enforce waste tire storage and handling standards.

Public Resources Code (PRC) section 42961.5 required that CalRecycle develop a “California Uniform Waste and Used Tire Manifest.” The intent is to close the loop on accountability by requiring that copies of each manifest be submitted to CalRecycle to monitor tire loads and movement within California. In addition, regulations have been developed to provide guidance and procedures in meeting manifest system requirements. 

CalRecycle uses the information generated by the waste tire manifest system to ensure that all waste tires generated and transported within California have been accounted for and delivered to permitted end-use facilities. Discrepancies will be actively enforced. Chapter 838, Statutes of 2000 (Escutia, SB 876) increased the maximum civil penalties for violations of the waste tire hauling and manifesting requirements from $10,000 to $25,000 per violation per day as described in PRC section 42962 and increased administrative penalties from $1,000 to $5,000 per violation per day.

Inspections

CalRecycle’s tire enforcement staff or tire enforcement agency inspectors investigate sites that pose a threat to public health, safety, or the environment.

The central objective of inspections at a facility, site, or hauler is to achieve compliance through oversight and education to the greatest extent possible and to provide accurate information for entry into a statewide database. 

Enforcement staff follows up inspections of unpermitted sites with reports that inform the property owner/operator of the site that any person who stores, stockpiles, accumulates, or discards more than 500 waste tires is required to obtain a waste tire facility permit or other authorization from CalRecycle.

Storage Violations

Owners and operators in violation of waste tire enforcement statutes or regulations will be issued a Waste Tire Survey and Inspection Report (CIWMB Forms 181, 182, 183) that lists the violations and specifies the date when inspectors will re-inspect to determine whether the violations have been corrected. If the violations are not corrected by the specified re-inspection date, CalRecycle can take enforcement actions.

CalRecycle can issue cleanup and abatement orders (CAO) for waste tire storage violations and/or issue complaints seeking administrative or civil penalties (see enforcement orders). In addition, CalRecycle can refer cases for criminal prosecution. CalRecycle does not waive its right to take enforcement action for those violations occurring before the compliance deadline date.

Operating a waste tire storage facility without a waste tire facility permit is a misdemeanor under the PRC sections 42825 and 42835, punishable with a fine up to $10,000 per day of the violation and/or up to one year imprisonment in county jail.

Hauling and Manifest Violations

Any person transporting 10 or more used or waste tires must be a registered waste tire hauler with CalRecycle and track tire transactions on a manifest form. Enforcement efforts vary depending on the type of violation. For some violations (non-controversial, involving less than 2,000 waste tires, and subject to penalties less than $5,000), an abridged administrative hearing process or streamlined penalty program is used. Essentially, a lower penalty is offered to the violator in lieu of prosecution through the more lengthy administrative complaint process.

For those violations that do not qualify for the streamlined penalty program, CalRecycle seeks maximum penalties through the administrative hearing process and/or civil and criminal actions (see enforcement orders listing). Civil penalties for violations of the waste tire hauling and manifesting requirements are $25,000 per violation per day, and the maximum administrative penalties are up to $5,000 per violation per day (PRC Section 42962).

Enforcement Process

The Tire Enforcement Flow Chart depicts the typical waste tire enforcement process that CalRecycle staff or the tire enforcement agency (TEA) grantee follows after inspecting a tire hauler, generator, or end-use facility.

This enforcement process lists the typical scenario that is followed. However, in different circumstances, these processes can vary.

Text Description of Flow Chart

CalRecycle staff or the Tire Enforcement Agency (TEA) Grantee will conduct an inspection/audit of the Tire Hauler, Generator, or End-use Facility (site).

Hauler Violations

If the hauler is found to be in compliance, no further action is required. If the hauler is not in compliance, either a Notice of Violation (NOV) is issued in a site inspection report or a Letter of Violation (LOV) is issued by CalRecycle staff.

If the hauler complies, then no further enforcement action is taken. If the hauler does not comply, a Streamlined Penalty Letter (SPL) may be issued, if specific criteria are met.

If the hauler violation does not meet the SPL criteria, an Administrative Complaint (AC) will be served and the matter will be heard by an Administrative Law Judge (ALJ) with the Office of Administrative Hearings (OAH). If the hauler accepts the offer set forth in the SPL, the hauler is in compliance. If the hauler does not accept the offer in the SPL, an AC will be served and the matter will be heard by an ALJ at the OAH. The ALJ will make an administrative decision.

Generator/End-Use Facilities

If the site is found to be in compliance, no further action is required. If the site is not in compliance, a NOV is issued in a site inspection report.

If the site operator complies, no further enforcement action is taken. However, if the operator fails to comply with the NOV, a Clean-up & Abatement Order (CAO) may be issued. If the operator complies with the CAO, no further enforcement action is required. If the operator does not comply, an AC will be served and the matter will be heard by an ALJ at the OAH where the ALJ will make an administrative decision.

In certain cases, the Department may, instead of an AC;

  • Request that the local District Attorney file a criminal complaint, which will be resolved in criminal court where the judge will render a decision; or
  • Request the Attorney General’s Office file an Injunction in Superior Court where the judge will make a decision.

It should be noted that, once the Department requests these additional enforcement actions from either the District Attorney or Attorney General, the Department no longer controls the management or timing of the pending case. 

Streamlined Penalty Program

A penalty letter details the waste tire hauling or manifest violation and provides two options for the violator:

  1. Pay a reduced penalty amount based on pre-approved criteria and do not contest the findings or
  2. Contest the findings at a hearing at which CalRecycle will ask the Administrative Law Judge to assess the maximum penalties stated in the original findings.

If the violator accepts the reduced penalty offer, CalRecycle issues a stipulated decision and order (see enforcement orders). When the violator signs and returns the notice with payment, the decision is final.

Since the program started in 2008, the tire haulers have accepted more than 95 percent of the streamlined penalty offers. The streamlined penalty process has saved CalRecycle vital resources by reducing travel costs, court fees, attorney fees, etc. As a result, staff has also been able to prosecute a significantly greater number of cases.

Informal Tire Hearings

On Jan. 1, 2013, Chapter 534, Statutes of 2012 (Gordon, AB 1647) became effective and established a new process for informal hearings for tire enforcement and permit denials, revocations and suspensions.

Partnerships With Other Agencies

Local Government
CalRecycle provides funding to city and county agencies with regulatory authority within the city/county government for waste tire enforcement activities. These TEAs are responsible for performing initial inspection and follow-up inspections for all waste tire facilities and sites located in their jurisdictions.

 

Air Resources Board
Video surveillance is placed at locations where CalRecycle suspects violations of waste tire laws. To conduct the surveillance, ARB uses high tech video equipment to monitor the activities at suspected locations and reports all findings to CalRecycle for follow-up

Related Links

For more information contact: Tire Enforcement, WasteTires@calrecycle.ca.gov