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Regulatory Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle)
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Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Jul 14, 2018

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Page 1: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Regulatory Context and Enforcement for Waste Tires in CaliforniaJacob Soza, Department of Resources, Recycling and Recovery (CalRecycle)

Page 2: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

–35,310,563 total registered vehicles in California• California Dept. of Motor Vehicle report Dec. 2016

– Estimated 45.5 million waste tires managed per year

• California Waste Tire Market Report: 2016

Page 3: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

Public Health & Safety Concerns

–Environmental degradation • Fire

– Pyrolytic oil– Air quality

–Vector and disease control

Page 4: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

Environmental degradation

Page 5: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

Environmental degradation

Page 6: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

2017 Year to Date West Nile Cases:

– Human– 258 reported– 12 dead

– Horses– 17 reported– 0 dead

– Birds – 449 reported– 449 dead

Page 7: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tires in California

Zika Virus:

– As of October 6, 2017, 596 travel-associated cases

– Completed pregnancies: 128

– With defects: 8

Page 8: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tire Flow

Where do tires come from and where are they going?

Page 9: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tire Flow

Tires are removed from a vehicle by a waste tire generator– many types of businesses

Tires are stored at generator’s business until picked up by a waste tire hauler

Hauler then transports tires to:– Sorting location– Approved End Use Facility

• Processing facility• Cement Manufacturer • Landfill

– Export

Page 10: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tire Flow

Waste tire generation

Sorting Location

Good, usable tires

Bad, non-usable tires

Tires resold to public

End use facilityProcessor, Kiln, Landfill, Export

Tire Hauler

Page 11: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Waste Tire Program

History

– California Tire Recycling Act of 1989• Implementation of fee on new tire purchases• Funding for program oversite and grants

– SB 876 (2000) strengthened act, raised fee• $1.00 per new tire sale

– AB 1803 (2006) raised the fee further• $1.75 per new tire sale

– $1.00 goes to CalRecycle– $0.75 goes to Air Resources Board

Page 12: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

CalRecycle

Permitting & Financial

Assurances

Track Transportation

Hauler Registration & Manifesting

Storage Regulations Limit Pile Sizes and Enforce Set Backs

Routine Inspections & Enforcement

Enforcement Program Framework

Grants & Training for Local

Inspection Program

Partner with

Highway Patrol

Resources for Cleanup

of Illegal Piles

Video Surveillance

of Illegal Dumping

Page 13: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Permitting:

– Minor Waste Tire Facility• Storage of up to 4,999 waste tires

– Fire control measures– Vector control measures– Other measures to protect public health and safety

– Major Waste Tire Facility• Storage of 5,000 or more waste tires

– Fire control measures– Vector control measures– Other measures to protect public health and safety– Closure plan and financial assurances

Page 14: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Exemptions and Exclusions from permit:

– Cement Manufacturing Plant– Beneficial Reuse Projects– Agriculture– Tire Dealer – up to 1,500 waste tires– Auto Dismantler – up to 1,500 waste tires– Tire Re-treading – up to 3,000 waste tires– Collection location – up to 4,999 waste tires

Page 15: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Tracking Transportation of Waste Tires:

– Waste tire generators must prove legal disposal• Transport 9 or less waste tires at a time• Contract with waste tire hauler

– Waste Tire Hauler Business• Register Vehicle(s) with CalRecycle• Document all pickup and deliveries

– Comprehensive Trip Log Manifest – Submit manifest to CalRecycle

Page 16: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Storage Regulations:

– Pile size threshold limit• 499, 1500, 3000, 4999, >5000

– Minimum standards, >500 tires• Outdoor requirements

– 10 foot setback from property lines and buildings when pile is <500– 50 foot setback from property lines and buildings when pile is >500– 40 feet between individual piles and flammable materials

• Indoor setback requirements– Piles can not exceed 50 feet in any direction– Aisle widths, fire lanes– Distance from ceiling 18 inches to 24 inches (sprinklered, nonsprinklered)

Page 17: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Routine Inspections and Enforcement:

– Permitted tire facilities– Tire dealers– Mechanics– Auto body– Trucking fleets– Warehouses

Page 18: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Routine Inspections and Enforcement:

– Local & State Tire Enforcement Agent • Inspections• Business Education• Prompt and Progressive Enforcement

– Resources for tire pile cleanup• Local Conservation Corps.

Page 19: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Program Framework

Page 20: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Enforcement

Inspections confirm compliance with regulations:

– Storage limits and storage requirements– Records retention of manifests– Hauler vehicle inspections

Noncompliance leads to escalated enforcement process:

– Notice of violation– Clean Up and Abatement order– Revocation of registration/permit– Penalties

Page 21: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Enforcement

Major Waste Tire Processor

Page 22: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Enforcement

Major Waste Tire Processor

Page 23: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Enforcement

Major Waste Tire Processor

Page 24: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Enforcement

Major Waste Tire Processor

Page 25: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Resources

CalRecycle website:http://www.calrecycle.ca.gov/Tires/Overview.htm

Registered vehicles: California Dept. of Motor Vehicle report Dec. 2016,https://www.dmv.ca.gov/portal/wcm/connect/5aa16cd3-39a5-402f-9453-0d353706cc9a/official.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=5aa16cd3-39a5-402f-9453-0d353706cc9a

Waste Tires: California Waste Tire Market Report: 2016, http://www.calrecycle.ca.gov/Publications/Documents/1615/2016%20Tire%20Market%20Report_01615.pdf

Page 26: Regulatory Context and Enforcement for Waste … Context and Enforcement for Waste Tires in California Jacob Soza, Department of Resources, Recycling and Recovery (CalRecycle) ...

Resources

West Nile Virus: California Department of Public Health West Nile Virus Website, http://www.westnile.ca.gov/

Zika Virus: California Department of Public Health Weekly Update on Number of Zika Virus Infections in California October 6, 2017, https://www.cdph.ca.gov/Programs/CID/DCDC/CDPH%20Document%20Library/TravelAssociatedCasesofZikaVirusinCA.pdf