California Department of Resources Recycling and Recovery (CalRecycle)

Waste Tire Enforcement Agency Toolbox

Complaint Procedures

When a party outside of CalRecycle staff/tire enforcement agencies (TEA) has a grievance with a hauler, facility, or site, he/she may complete a Waste Tire Hauler/Storage Complaint form (CalRecycle 683). CalRecycle staff/TEAs use this form to review and investigate violations of statutory regulations. The following procedures are used by waste tire management enforcement staff to process complaints.

Complaint Form | Process Complaint | Investigate Complaint | Close Out Complaint

Complaint Form

If a call is received regarding the submittal of a complaint, request that the complainant submit a Waste Tire Hauler/Storage Complaint Form, CalRecycle 683 (Updated 7/1/10) (Fillable PDF, 545 KB | MS Word, 65 KB) and submit it by one of the following methods.

  • Mail to CalRecycle Hauler Section (address on form), which is responsible for entering both hauler and facility complaints.
  • E-mail to WasteTires@calrecycle.ca.gov
  • Fax to (916) 319-7605

A similar form or letter with all the pertinent information is acceptable. If the complainant is reluctant to complete a complaint form, staff/TEAs may fill out the CalRecycle 683 and submit it as above.

Process Complaint

CalRecycle Hauler Section staff will:

  • Enter the complaint information into the Waste Tire Management System (WTMS) database.
  • Review complaint and send warning letters and/or refer to a CalRecycle inspector (if needed).
  • Process the complaint based on complaint type (see table below)
Complaint Type Process Steps
Unregistered hauler on first or second offense
  • Send warning letter (first offense letter send regular mail, second offense send certified mail).
  • Attach copy of letter to the complaint form.
  • Complete office use only section on complaint form.
  • Input information in WTMS.
  • File original by date with a copy of letter sent.
Unregistered hauler but hauler is registered
Unregistered/registered hauler with three or more offenses.
  • Send warning letter.
  • Complete office use only section on complaint form.
  • Send a copy of the complaints and all letters sent to hauler to the appropriate CalRecycle inspector.
  • Input information in WTMS.
  • File original by date with a copy of letter sent.
Facility or site
  • Complete office use only section on the complaint form.
  • Send a copy of the complaint to the appropriate CalRecycle inspector.
  • Input information in WTMS.
  • File original by date.
Facility or site and an unregistered/registered hauler Follow steps above for each type of complaint. Include a copy of warning letter sent to the unregistered/registered hauler with facility or site complaint.

Investigate Complaint

CalRecycle inspector/TEA will investigate all complaints within 30 days of receipt of complaint. To refer complaints received to a TEA, the CalRecycle inspector must document the name/county of the TEA referred to on the complaint in the "office use only" section, notify Hauler Section staff, and retain a copy. Depending on whether the complaint is founded or unfounded, the inspector will do one of the following:

Complaint Founded (action required)
  1. Issue notice of violation (NOV), send copies of the initial investigation letter/inspection report and NOV within 60 days from receipt of complaint, and forward to Hauler Section.
  2. Follow up within 30 days from compliance date. If in compliance, continue with "complaint unfounded" procedures. If not in compliance:
  • TEA forwards documentation to appropriate CalRecycle inspector for that county after discussion with inspector.
  • CalRecycle inspector will draft Cleanup and Abatement Order or other appropriate administrative action.
Complaint Unfounded (no action)
If complaint is unfounded or administrative action is complete:
  1. Type a memo referencing complaint number regarding reason for closure or complete and note closure in inspection report.

TEA will:

  1. Send copy of memo or copy of inspection report within 60 days from receipt of complaint to the CalRecycle inspector for that county.
 

Close Out Complaint

CalRecycle inspector will:

  1. Input closure status and comments into the WTMS database.
  2. Send copy of memo/copy of inspection report to Hauler Section staff.

Hauler Section staff will:

  1. Attach memo/copy of inspection report to original complaint form in file.
  2. File memo/inspection report in closed complaint file.

CalRecycle Hauler Section Staff: Retain fiscal year for 1 year after closure (investigation or administrative action complete) and then transfer to departmental storage for an additional 3 years.

Last updated: October 12, 2012
Tire Management, http://www.calrecycle.ca.gov/Tires/
Tire Management Program Hotline: (866) 896-0600 (toll free) WasteTires@calrecycle.ca.gov