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 send an E-mail to WasteTires@CalRecycle.ca.gov detailing the nature of the complaint. CalRecycle staff/TEAs use this to review and investigate violations of statutory regulations. The following procedures are used by waste tire management enforcement staff to process complaints.

Complaints

If a call is received regarding the submittal of a complaint, CalRecycle request that the complainant send an E-mail to WasteTires@CalRecycle.ca.gov that includes the following information:

  • 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 the complaint

A form or letter with all the pertinent information is acceptable. If the complainant is reluctant to submit a complaint or would like to remain anonymous, staff/TEAs may submit a complaint on their behalf.

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)

This table shows the different complaint types and process steps for each.

Complaint TypeProcess Steps
Unregistered hauler on first or second offense
  • Send warning letter (first offense letter send regular mail, second offense send certified mail).
  • 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.
  • 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

  • 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 haulerFollow 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. 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.
  3. Update the complainant on the action made by CalRecycle

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.

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