Excluded and Exempt Facilities

 

If you store 500 or more waste tires or “passenger tire equivalents” (PTEs), California waste tire laws require that you must first obtain a waste tire facility permit unless you qualify for a permit exclusion or a permit exemption subject to notification or application requirements.

Permit Exclusion

The following business or activity types are eligible to be excluded from the waste tire facility permit requirements.

Business or Activity TypesWaste Tire LimitReferences
Business Using Waste Tires for Agricultural Purposes5,000Public Resources Code (PRC) sections 42831, 42801
Title 14 California Code of Regulations (14 CCR) section 18420
Tire Treading Business3,000PRC section 42831
14 CCR section 18420
Automobile Dismantler1,500PRC section 42808(c)
14 CCR section 18420
Tire Dealer1,500PRC section 42808(c)
14 CCR section 17225.820
Waste Tire Collection Location4,99914 CCR Section 18420.1

Permit Exclusion Notification

To qualify for the permit exclusion, 14 CCR section 18431.2 requires that the eligible business or activity shall first notify CalRecycle in writing prior to storing 500 or more waste tires. There is no set format for the notification, however, the notice shall be legible and include at a minimum:

  1. Tire Program Identification Number, assessor parcel number; property owner name, address, and telephone number; and operator name, address, and telephone number if different from the property owner.
  2. A citation of underlying statutes and California Code of Regulations sections that authorize the waste tire facility permit exclusion; and a description of waste tire facility operations, including but not limited to, the average quantity of waste tires handled on an annual basis, and the hours of operation of the waste tire facility.
  3. A statement by the waste tire facility owner or operator that certifies under penalty of perjury that the waste tire facility complies with all required permits, licenses, and other local approvals, and the information provided in the statement is true and correct to the best of the owner’s or operator’s knowledge and belief.

The example Exclusion Notification Form (CalRecycle 811) can be used to provide the notification to CalRecycle but its use is not required.

Please print, sign, date, and send the permit exclusion notification to CalRecycle via any of the following:

California Department of Resources Recycling and Recovery
Waste Tire Hauler Program (MS-22)
P.O. Box 4025
Sacramento, CA 95812-4025

Permit Exemption

The following two business or activity types are currently eligible to be exempt from the waste tire facility permit requirements.  An application for exemption shall be submitted to CalRecycle in writing and comply with the requirements specified in the PRC and 14 CCR cited below.

  1. Cement Manufacturing Plan. Public Resources Code 42823.5 specifies the requirements for a cement manufacturing plant to be exempt from the requirement to obtain a waste tire facility permit.  California Code of Regulations Section 18431.1 further clarifies the process to apply for a facility permit exemption and provides information required to be included in the application.  The plant must notify CalRecycle thirty days prior to discontinuing operations and again when all waste tires have been removed.
  2. Beneficial Reuse Project. California Code of Regulations Section 18431.3 specifies the process to apply for a facility permit exemption and provides information required to be included in the application.  If and when a beneficial reuse project discontinues operations CalRecycle shall be notified thirty days prior to discontinuing operations and when all waste tires have been removed.