BILL NUMBER: AB 1071	CHAPTERED
	BILL TEXT

	CHAPTER   191
	FILED WITH SECRETARY OF STATE   JULY 24, 1995
	APPROVED BY GOVERNOR   JULY 22, 1995
	PASSED THE SENATE   JULY 6, 1995
	PASSED THE ASSEMBLY   MAY 11, 1995
	AMENDED IN ASSEMBLY   APRIL 4, 1995

INTRODUCED BY  Assembly Member Morrow

                        FEBRUARY 23, 1995

   An act to amend Section 42823 of, and to add Section 42823.5 to,
the Public Resources Code, relating to waste tires.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1071, Morrow.  Solid waste:  waste tires:  cement manufacturing
plant.
   Existing law, the California Integrated Waste Management Act of
1989, regulates the handling and disposal of solid waste.
   The act prohibits any person from establishing a new waste tire
facility or expanding an existing minor waste tire facility unless
the person has obtained a major waste tire facility permit issued by
the California Integrated Waste Management Board.
   This bill would exempt a cement manufacturing plant that meets
specified conditions from the requirement to obtain that permit and
would prescribe other related matters.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 42823 of the Public Resources Code is amended
to read:
   42823.  Except as provided in Section 42823.5, no person shall
establish a new major waste tire facility or expand an existing minor
waste tire facility unless the person has obtained a major waste
tire facility permit issued by the board pursuant to Section 42822.

  SEC. 2.  Section 42823.5 is added to the Public Resources Code, to
read:
   42823.5.  (a) A cement manufacturing plant shall be exempt from
the requirement to obtain a permit pursuant to Section 42823 if the
operator of the cement manufacturing plant meets both of the
following requirements:
   (1) The owner or operator of the cement manufacturing plant stores
not more than a one-month supply of waste tires at the site of the
cement manufacturing plant at any time.  A one-month supply of waste
tires shall be based on either of the following:
   (A) The average monthly consumption of waste tires by the plant
during the previous year.
   (B) The waste tire percentage of the total fuel supply allowed by
the air quality management district, multiplied by the average
monthly consumption of fuel for the previous year.
   (2) The operator or owner of the cement manufacturing plant is in
compliance with any regulations adopted by the board pertaining to
waste tire storage and disposal.
   (b) To apply for the exemption provided by this section, the
operator or owner of a cement manufacturing plant shall provide all
of the following information to the board in writing:
   (1) The name, address, and physical location of the plant.
   (2) The name, address, and telephone number of the plant operator
and owner.
   (3) Information describing compliance with subdivision (a).
   (4) Signatures of the operator and owner of the plant certifying
to the accuracy of the information provided.
   (c) If there is any change to the information provided pursuant to
subdivision (b), the operator or owner of the plant shall report the
change to the board, in writing, within 30 days from the date of the
change.
   (d) Within 30 days from the date of the receipt of the information
required by subdivision (b), the board shall determine whether the
owner or operator of a cement manufacturing plant qualifies for the
exemption provided by this section and shall notify the operator or
owner of the plant of its determination in writing.
   (e) The board or the local enforcement agency may inspect a cement
manufacturing plant that receives the exemption provided by this
section to determine compliance with this section.
   (f) Any owner or operator of a cement manufacturing plant who
receives an exemption pursuant to this section shall allow the board,
upon presentation of the proper credentials, to enter the cement
manufacturing plant during normal working hours to examine and copy
books, papers, records, or memoranda pertaining to the use and
storage of waste tires, and to conduct inspections and investigations
pertaining to waste tire use and storage.