BILL ANALYSIS
SB 230
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: SB 230
AUTHOR: Cogdill
AMENDED: April 13, 2009
FISCAL: Yes HEARING DATE: April 20, 2009
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : WASTE TIRE HAULER EXEMPTION
SUMMARY :
Existing law :
1)Requires every person who transports waste or used tires to
hold a waste and used tire hauler registration, and requires
a registered waste and used tire hauler to only transport
waste or used tires to a facility that meets the conditions
for being permitted, excluded, exempted, or authorized to
accept waste and used tires, or to a facility that lawfully
accepts waste or used tires for reuse or disposal.
2)Provides, in Public Resources Code Section 42954, for eight
specified exemptions from the tire hauler registration
requirements, including those who transport fewer than ten
tires at a time and those who are transporting to an amnesty
event with the permission of the local agency.
This bill adds a provision to the list of exemptions in #2
above that allows a local enforcement agent to grant an
exemption to a person who is transporting tires that were
illegally dumped if a police report has been filed to report
the dumping and the tires are going to an approved location.
COMMENTS :
1)Purpose of Bill . According to the author, the agriculture
community has the need to haul more than the allotted number
of tires from one property to another, or to a waste
facility. Under current law, farmers/ranchers, once
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registered, are only allowed to haul less than 10 tires on
any given day, less than 20 tires on an amnesty day. The
agriculture community often has many tires that are
illegally dumped on their property that they cannot dispose
of properly because they can't haul them to a waste
facility. This measure provides an opportunity for the
agricultures community to manage illegally dumped tires
while still provided for tracking and documentation to
prevent further illegal dumping.
2)Hauler and Manifest Program Background . The original waste
tire manifest system was created by SB 744 (McCorquodale,
Chapter 511, Statutes of 1993) to deal with the growing
number of illegal tire piles in the Central Valley. These
typically were not large piles, but many small piles, mainly
in agricultural and other rural areas. SB 744 required
documentation of waste tire transactions between the tire
generator, tire hauler, and the end-use facility. A copy of
the manifest form was left with each of the respective
parties as proof of the tire transaction. The form was
retained at the place of business for three years so it
could be reviewed by California Integrated Waste Management
Board (CIWMB) staff or authorized representatives if
requested. Unfortunately, since the information was not
provided directly to the CIWMB, there was no simple way to
track tire movement.
To close that loophole and to further increase the oversight
of tires in California, the Legislature passed SB 876
(Escutia, Chapter 838, Statutes of 2000), requiring CIWMB to
develop and implement a uniform statewide waste and used
tire manifest program. SB 876 requires every person who
transports ten or more waste or used tires to hold a valid
tire hauler registration (renewed annually) and use
State-issued decals and manifests. Prior to obtaining
registration, prospective haulers are required to post a
$10,000 bond (a cost of approximately $150-$300 annually).
Registered haulers must possess manifests during the
transport of waste or used tires, transport only to legally
authorized end-use facilities, and submit the completed
manifest form to the CIWMB. The law also requires that a
person who received tires from an unregistered hauler had to
report that hauler to the CIWMB by providing the name,
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address, phone number, and license plate number of the
unlicensed hauler, and the amount of tires.
3)Illegal Dumping of Tires . In 2006, the CIWMB, created the
State/Local Illegal Dumping Enforcement Task Force. It is
lead by members representing the California Association of
Counties and the League of California Cities as well as
participants from the Regional Council of Rural Counties and
non-governmental stakeholders concerned about illegal
dumping such as the California Farm Bureau Federation,
nonprofit environmental groups and private waste haulers.
The twenty-four members of the task force circulated a
survey they created to determine the cost and impact of
illegal dumping. Thirty-three out of 58 counties who
responded revealed an annual cost of over $34 million to
local government for abatement. Waste tires are at the top
of the list of items illegally dumped, especially in rural
counties. According to the CIWMB, individual consumers who
have no incentive for returning waste tires to dealers are
responsible for the majority of illegal dumping taking
place.
4)Previous Legislation . In April 2008, the Committee heard SB
1663 (Denham), a similar bill. That bill was amended in
committee to remove the provisions relating to the tire
hauling and exemptions and replaced with language that would
have developed a grant program to assist generators of waste
tires with the hauling requirements. That bill died in the
Assembly Appropriations Committee. SB 230 provides for a
different approach than the original version of SB 1663 and
addresses the issue in a narrow way that is more
appropriate.
SOURCE : San Joaquin County Board of Supervisors
SUPPORT : None on file
OPPOSITION : None on file