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Senate Bill 876 (Escutia, Chapter 838, Statutes of
2000) is a comprehensive measure related to the management of waste and
used tires. One of the key provisions of the statute requires CIWMB to
adopt and submit to the Legislature a five-year plan on or before July
1, 2001, including proposed budget allocations. The plan must be updated
every two years. The plan shall identify the tire programs and establish
a hierarchy and performance criteria that will allow evaluation of the
effectiveness of these programs. The program elements that are
identified in the legislation [Public Resources Code (PRC) section
42885.5(b)] include the following:
- Enforcement and regulations relating to the storage of waste and
used tires.
- Cleanup, abatement, or other remedial actions related to tire
stockpiles throughout the state.
- Research directed at promoting and developing alternatives to the
landfill disposal of tires.
- Market development and new technology activities for waste and
used tires.
- The waste and used tire hauler program and manifest system.
The bill included a statement of legislative intent as follows (2000
uncodified law, SB 876):
(g) The purpose of this act is to do all of the following:
(1) Implement many of the enforcement, market development,
administrative, and technical recommendations outlined in the
California Integrated Waste Management Board’s recent report on
California’s waste tire recycling enhancement program. [report
referred in the bill to is the AB 117 Report].
(2). Encourage tire manufacturers to promote the use of retreaded
and longer-lasting tires, as well as develop recycled-content rubber
tires.
(3) Stimulate waste and used tire market development activities,
while cleaning up existing waste tire piles and enforcing waste and
used tire laws.
(4) Improve the current tire manifest system.
(5) Increase state government’s procurement and use of
recycled-content tire products, such as rubberized asphalt concrete,
crumb rubber products, and civil engineering applications.
Another key provision of the bill is that it
identifies funding for the following specific purposes:
- Clean up, abate, remove, or otherwise remediate tire stockpiles
throughout the state. The CIWMB shall spend no less than $6.5 million
dollars during each of the six inclusive fiscal years
(2001/02-2006/07) on these cleanup activities [PRC section 42889(e)].
- Develop and enforce regulations related to the storage of waste
tires and used tires; evaluate the usefulness of designating a local
government as the enforcement authority of regulations related to the
storage of waste and used tires. If CIWMB designates a local
government for that purpose, CIWMB would provide funding [PRC section
42889(d)].
- Conduct studies and research directed at promoting and developing
alternatives to the landfill disposal of tires [PRC section 42889(f)].
- Assist in developing markets and new technologies for used tires
and waste tires [PRC section 42889(g)].
- Implement and operate a waste tire and used tire hauler program
and manifest system tracking the movement of waste and used tires [PRC
section 42889(h)].
- Evaluate the usefulness of providing financial incentives for
citizens who report the illegal disposal of waste and used tires as a
means of enhancing local and statewide enforcement programs for waste
and used tires [PRC section 42889(d)].
- Assist the Office of Environmental Health Hazard Assessment (OEHHA)
in preparing a report regarding health effects of smoke from burning
tires. The cost of preparing the report is limited to $150,000 [PRC
section 42889(k)].
- Administer the collection, refund, and audit of revenues in the
fund not to exceed 3 percent of the total annual revenue [PRC section
42889(b)].
- Create an emergency reserve of not more than $1 million [PRC
section 42889(i)].
- Administer overhead costs not to exceed 5 percent of the total
annual revenue [PRC section 42889(a)].
- Transfer funds to Farm and Ranch Solid Waste Cleanup and Abatement
Grant Program pursuant to Chapter 2.5 of Part 7 [PRC section
42889(j)].
SB 876 also allows CIWMB, after a hearing, to revoke, suspend, or
deny a waste tire facility permit for up to three years under certain
circumstances. The CIWMB may also revoke, suspend, or deny a permit for
a period of not more than five years for chronic offenders that pose or
may pose a significant risk to public health and safety or the
environment or that have not shown reasonable progress toward
correction.
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