California

Public Resources Code - PRC

8,181 sections, each with the official text and a plain-English explanation of what it means for you.

• § 42480 — (a) (1) A state agency that purchases or leases covered electronic devices shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subco
• § 42485 — Except as provided in subdivision (b) of Section 42486, CalRecycle and DTSC shall not implement this chapter if either of the following occur: (a) A federal law, or a combination of federal laws, take
• § 42486 — (a) Except as provided in subdivision (b), the provisions of this chapter shall become inoperative on the date that either of the events described in subdivision (a) or (b) of Section 42485 occurs, an
• § 42488 — This chapter shall be known, and may be cited, as the Right to Repair Act.
• § 42488.1 — It is the intent of the Legislature to provide a fair marketplace for the repair of electronic and appliance products and to prohibit intentional barriers and limitations to third-party repair.
• § 42488.2 — (a) Notwithstanding any other law, every manufacturer of an electronic or appliance product with a wholesale price to the retailer, or to others outside of direct retail sale, of not less than fifty d
• § 42488.3 — (a) (1) A city, a county, a city and county, or the state may bring an action in superior court to impose civil liability on a person or entity that knowingly violated this chapter, or reasonably shou
• § 42490 — This act shall be known, and may be cited as, the Cell Phone Recycling Act of 2004.
• § 42490.1 — The Legislature finds and declares all of the following: (a) The purpose of this chapter is to enact a comprehensive and innovative system for the reuse, recycling, and proper and legal disposal of us
• § 42493 — For the purposes of this chapter, the following terms have the following meanings, unless the context clearly requires otherwise: (a) “Cell phone” means a wireless telephone device that is designed to
• § 42494 — (a) On and after July 1, 2006, every retailer of cell phones sold in this state shall have in place a system for the acceptance and collection of used cell phones for reuse, recycling, or proper dispo
• § 42495 — On and after July 1, 2006, it is unlawful to sell a cell phone to a consumer in this state unless the retailer of that cell phone complies with this chapter.
• § 42496.4 — On July 1, 2007, and each July 1, thereafter, the department shall post on its Web site an estimated California recycling rate for cell phones, the numerator of which shall be the estimated number of
• § 42498 — (a) (1) A state agency that purchases or leases cell phones shall require each prospective bidder, to certify that it, and its agents, subsidiaries, partners, joint venturers, and subcontractors for t
• § 42499 — This chapter shall not be construed to affect Chapter 6.
• § 42499.5 — This chapter shall become inoperative on September 30, 2027, and, as of January 1, 2028, is repealed.
• § 42500 — The board shall provide periodic training to enforcement agencies regarding changes in state or federal regulations, new technologies affecting solid waste landfill operations, and other matters which
• § 42501 — (a) The board shall provide ongoing technical assistance and guidance to enforcement agencies to assist in their decisionmaking processes.
• § 4251 — As used in this chapter: “Hazardous fire area” means any area which is designated as a hazardous fire area by the board or the director pursuant to Section 4252 or 4253.
• § 42510 — It is the intent of the Legislature that actions taken by the department and cities and counties pursuant to this article serve in the best interests of cities and counties by preserving existing disp
• § 42511 — The board shall assist cities and counties to divert nonyard wood wastes which cannot otherwise feasibly be reduced, recycled, or composted, for processing and utilization as a fuel resource, provided
• § 4252 — Upon the written petition of the owners or authorized agents of more than 50 percent of the land, including public land, within the exterior boundaries of any area of not less than 10,000 acres in siz
• § 42520 — The board shall establish a Plastics Recycling Information Clearinghouse.
• § 4253 — When the director determines that a fire hazard exists in any other area due to the presence of flammable material or cover, the director may by regulation designate the area to be a hazardous fire ar
• § 4254 — Notice of the designation of each hazardous fire area designated pursuant to Section 4252 shall be given by the posting of notices at intervals of not greater than one mile along the exterior boundari
• § 42540 — The board shall provide technical assistance to counties and cities to assist in development, revision, amendment, and implementation of local city source reduction and recycling elements and countywi
• § 4255 — (a) Except as provided in this section, a person shall not smoke or build a campfire or other open fire within a hazardous fire area.
• § 42550 — For purposes of this chapter, “telephone directory” means a directory which lists the calling numbers of telephones located in this state of which 1,000 or more copies are distributed to the general p
• § 42551 — The board shall conduct a study of the feasibility of requiring that all telephone directories issued or sold in this state be made of materials that will allow for the maximum volume of directories t
• § 42553 — Article 2 (commencing with Section 42557) shall become operative only if the report required in former Section 42552, as added by Chapter 1066 of the Statutes of 1991, contains an affirmative finding
• § 42554 — It is the goal of this state that not less than 30 percent of telephone directories distributed in this state be recycled on and after January 1, 1994, that 35 percent of telephone directories distrib
• § 42555 — If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1995, the board shall make recommendations to the Legislature, on or before January 1, 1996,
• § 42556 — If the board determines that the policy goals established by Section 42554 are not being met by January 1, 1999, the board shall make recommendations to the Legislature, on or before January 1, 2000,
• § 42557 — On and after January 1, 1995, all telephone directories distributed within the state shall be made from materials that will allow for the maximum volume of directories to be recycled, as determined by
• § 42558 — For the purposes of implementing and enforcing this chapter, the board shall adopt general guidelines regarding the materials which may be used in the production of telephone directories which can and
• § 4256 — When it is necessary in the interest of public peace or safety, the director, with the consent of the owner of any lands designated as a hazardous fire area, may declare those lands closed to entry by
• § 42560 — “Recycled-content high grade, bleached printing and writing papers” means any of the following papers: (a) Offset printing, mimeograph, and duplicator paper.
• § 42561 — On or before January 1, 1991, the board shall initiate a high grade white office paper recovery assistance program for state and local agencies and private businesses.
• § 42562 — The high grade white office paper recovery assistance program shall include the following elements: (a) Staff training materials designed to provide training to local program coordinators and instruct
• § 4257 — Any order which is issued pursuant to Section 4256 shall be published twice in at least one newspaper of general circulation in any county that is affected by the order.
• § 4258 — Whenever the director determines that a fire hazard exists in any area within a state responsibility area due to the presence of flammable material or cover, the director, by regulation, may designate
• § 4259 — (a) The use or possession of fireworks is prohibited within any hazardous fire area designated pursuant to Section 4252 or 4258.
• § 4260 — No regulation adopted pursuant to this article shall prohibit or curtail the complete possession and use of any area by the owner of the area or the owner’s agent, except that the use or possession of
• § 42600 — The board shall establish a statewide public information and education program to encourage participation by the general public, business, government, and industry in all phases of integrated waste ma
• § 42601 — The board shall measure public information program effectiveness through research which establishes program benchmarks and tracks results.
• § 42602 — The board shall employ appropriate marketing techniques to disseminate its message, including radio and television advertising.
• § 42604 — On or before January 1, 1993, the State Board of Education shall include in the science framework appropriate language addressing the issue of integrated waste management in the ecology and environmen
• § 42605 — The State Department of Education shall encourage participation in the integrated waste management education program established pursuant to this chapter in cooperation with the California Integrated
• § 42620 — (a) The Legislature finds as follows: (1) There are 1,029 school districts and 7,170 schools in California.
• § 42621 — The board shall develop and implement a source reduction and recycling program for school districts which shall include, but not be limited to, all of the following elements: (a) A survey of school di
• § 42622 — The source reduction and recycling program for school districts developed pursuant to Section 42621 shall, to the extent feasible, be designed to complement and further the educational goals of the su
• § 42630 — (a) It is the intent of the Legislature, by enacting this chapter, to accomplish all of the following: (1) Every school district and schoolsite in this state will be encouraged to implement source red
• § 42635 — For purposes of this chapter, the following definitions shall apply: (a) “Environmentally preferable product” means a product that promotes healthy indoor environments for children, and demonstrates t
• § 42638 — Each school district and office may coordinate with local agencies to implement solid waste management programs to maximize the diversion of solid waste from landfill disposal or transformation facili
• § 42640 — (a) On or before July 1, 2002, after researching and determining the best waste reduction practices for school districts and schoolsites, the board shall develop models and school waste reduction tool
• § 42641 — The board shall provide training and ongoing technical and informational assistance to local agencies, offices, schools, and school districts on implementing waste reduction programs.
• § 42642 — The Division of the State Architect, in consultation with the board, shall develop and maintain on its Web site, a list of environmentally preferable products and a list of recycled products that may
• § 42645 — (a) The board, in consultation with the State Department of Education and the State Board of Education, shall establish a program to provide grants to school districts and schools to assist in the dev
• § 42646 — On or before January 1, 2004, the board shall evaluate the implementation of school waste reduction and recycling programs in the state’s schools and if the board determines less than 75 percent of sc
• § 42647 — The board may enter into an interagency agreement with the State Department of Education or other state agencies to implement this chapter, Part 4 (commencing with Section 71300) of Division 34, and S
• § 42648 — For purposes of this chapter, the following definitions apply: (a) “Individual” means a person who works at, or attends, a large venue or large event, or a customer who is seated or served at the larg
• § 42648.1 — On or before April 1, 2005, the board shall take all of the following actions: (a) Make available one or more model ordinances that are suitable for modification by a local agency and that may be adop
• § 42648.2 — (a) (1) On and after July 1, 2005, when issuing a permit to an operator of a large venue or large event, the local agency shall provide information to the operator on programs that can be implemented
• § 42648.3 — On or before July 1, 2005, and on or before July 1 annually thereafter, each operator of a large venue or large event shall submit to the local agency, upon request by the local agency, written docume
• § 42648.4 — On or before July 1, 2005, and on or before July 1, biennially thereafter, the operator of a large venue or large event shall meet with recyclers and with the solid waste enterprise that provides soli
• § 42648.5 — The board shall provide technical assistance and tools to implement this chapter, to the extent feasible under existing financial resources.
• § 42648.6 — If a large venue or large event has contiguous parcels located in both the City of Los Angeles and the County of Los Angeles, the requirements of this chapter shall apply only to the local agency cont
• § 42648.7 — A local agency may charge and collect a fee from an operator of a large venue or large event in order to recover the local agency’s estimated costs incurred in complying with this chapter.
• § 42649 — (a) It is the intent of the Legislature to require businesses to recycle solid waste that they generate.
• § 42649.1 — For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock compa
• § 42649.2 — (a) A business that generates four cubic yards or more of commercial solid waste per week or is a multifamily residential dwelling of five units or more shall arrange for recycling services, consisten
• § 42649.3 — (a) On and after July 1, 2012, each jurisdiction shall implement a commercial solid waste recycling program appropriate for that jurisdiction designed to divert commercial solid waste from businesses
• § 42649.4 — (a) If a jurisdiction adds or expands a commercial solid waste recycling program to meet the requirements of Section 42649.
• § 42649.5 — (a) This chapter does not limit the authority of a local agency to adopt, implement, or enforce a local commercial solid waste recycling requirement that is more stringent or comprehensive than the re
• § 42649.6 — A local agency may charge and collect a fee from a commercial waste generator in order to recover the local agency’s costs incurred in complying with this chapter.
• § 42649.7 — If the State Air Resources Board adopts regulations for commercial recycling prior to the effective date of the act of the 2011–12 Regular Session of the Legislature adding this section, those regulat
• § 42649.8 — For purposes of this chapter, the following definitions apply: (a) “Business” means a commercial or public entity, including, but not limited to, a firm, partnership, proprietorship, joint stock compa
• § 42649.81 — (a) (1) A business that generates four cubic yards or more of commercial solid waste, as defined in Section 42649.
• § 42649.82 — (a) (1) In addition to the requirements of Section 42649.
• § 42649.83 — (a) If a jurisdiction adds or expands an organic waste recycling program to meet the requirements of Section 42649.
• § 42649.84 — (a) This chapter does not limit the authority of a local governmental agency to adopt, implement, or enforce a local organic waste recycling requirement, or a condition imposed upon a self-hauler, tha
• § 42649.85 — A local governmental agency may charge and collect a fee from an organic waste generator to recover the local governmental agency’s costs incurred in complying with this chapter.
• § 42649.86 — (a) The department shall identify and recommend actions to address, with regard to both state agencies and the federal government, the permitting and siting challenges associated with composting and a
• § 42650 — The board may establish a research and development program, based on priorities that are consistent with Section 40051, and designed to identify, develop, and refine processes and technologies that wi
• § 42651 — In determining the types of research and development which may be undertaken pursuant to Section 42650, the board shall prioritize the allocation of funds for processes and technologies based upon the
• § 42652 — The Legislature finds and declares all of the following: (a) The organic disposal reduction targets are essential to achieving the statewide recycling goal identified in Section 41780.
• § 42652.5 — (a) The department, in consultation with the State Air Resources Board, shall adopt regulations to achieve the organic waste reduction goals for 2020 and 2025 established in Section 39730.
• § 42652.6 — Paragraph (5) of subdivision (h) of Section 18993.
• § 42652.7 — Article 10 (commencing with Section 18991.
• § 42652.8 — (a) Notwithstanding any other law or regulation, a local jurisdiction that does not qualify for a waiver pursuant to subdivision (a), (c), or (d) of Section 18984.
• § 42653 — (a) No later than July 1, 2020, the department, in consultation with the State Air Resources Board, shall analyze the progress that the waste sector, state government, and local governments have made
• § 42654 — This chapter shall not limit the authority of a local jurisdiction to adopt, implement, or enforce requirements in addition to those set forth in the regulations adopted pursuant to this chapter.
• § 42655 — (a) The department, in consultation with the State Air Resources Board, shall assist local jurisdictions in complying with the requirements of this chapter, including any regulations adopted by the de
• § 42656 — (a) By January 1, 2027, the Department of Resources Recycling and Recovery shall develop and certify a program environmental impact report pursuant to Section 15168 of Title 14 of the California Code
• § 42700 — The Director of Transportation, upon consultation with the board, shall review and modify all bid specifications relating to the purchase of paving materials, and base, subbase, and pervious backfill
• § 42701 — (a) In purchasing any materials to be used in paving or paving subbase for use by the Department of Transportation and any other state agencies that provide construction and repair services, the State
• § 42703 — (a) Except as provided in subdivision (d), the Department of Transportation shall require the use of crumb rubber in lieu of other materials at the following levels for state highway construction or r
• § 42704 — (a) On or before January 1, 2014, the Department of Transportation may, with input from the Caltrans/Industry Rock Products Committee, establish specifications for the use of reclaimed asphalt pavemen
• § 42704.5 — By January 1, 2017, a local agency that has jurisdiction over a street or highway shall do either of the following: (a) Adopt the standards developed by the Department of Transportation pursuant to Se
• § 42704.6 — (a) A local agency that has jurisdiction over a street or highway shall, to the extent feasible and cost effective, apply standard specifications that allow for the use of recycled materials in street
• § 42705 — The Legislature hereby finds and declares as follows: (a) California currently faces a serious problem with respect to the collection, disposal, and recycling of used tires that are no longer consumer
• § 42750 — “Consumer of newsprint” means a person who uses newsprint in a commercial printing operation or in a commercial publishing operation.
• § 42752 — “Deink” or “deinking old newspapers” means a process in which old newspaper is mixed with water, the paper fibers are separated to form a paper pulp, and the pulp is cleaned to remove contaminants.
• § 42753 — “Newsprint” means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of newspapers, commercial advertising inserts, dir
• § 42754 — “Old newspaper” or “recovered newspaper” means any newsprint which is separated from other types of solid waste or collected separately from other types of solid waste and made available for reuse in
• § 42755 — “Post consumer waste paper” means a finished material which would normally be disposed of as a solid waste, having completed its life cycle as a consumer item, including, but not limited to, printing
• § 42756 — “Recycled-content newsprint” means newsprint in which not less than 40 percent of its fiber consists of post consumer waste paper.
• § 42760 — On and after January 1, 1991, every consumer of newsprint in California shall ensure that at least 25 percent of all newsprint used by that consumer of newsprint is made from recycled-content newsprin
• § 42761 — The percentage of newsprint used which is made from recycled-content newsprint shall be calculated in tons used on an annual basis and shall increase to: (a) Thirty percent on and after January 1, 199
• § 42762 — This division does not apply to any newsprint purchased prior to January 1, 1990.
• § 42770 — Each consumer of newsprint within the State of California shall, on or before March 1 of each year, certify to the board the number of tons of newsprint used during the preceding calendar year and the
• § 42771 — Every consumer of newsprint who submits recycled-content newsprint usage certification pursuant to Section 42770 may be subject to an audit to ensure that the recycled-content newsprint was used.
• § 42772 — Each person who supplies a consumer of newsprint with newsprint shall certify the amounts of recycled-content newsprint contained in each shipment to each consumer of newsprint.
• § 42773 — If a consumer of newsprint is unable to obtain sufficient amounts of recycled-content newsprint within any reporting period because recycled-content newsprint was not available at a comparable price t
• § 42774 — For the purposes of implementing and enforcing this chapter, the board shall develop and maintain a list which identifies every consumer of newsprint, as defined in Section 42750, and every person who
• § 42775 — (a) For the purposes of implementing and enforcing this chapter, the board shall set newsprint comparable quality standards for each of the grades of newsprint specified in Section 42753 to determine
• § 42780 — If any person provides a consumer of newsprint with a false or misleading certificate concerning the recycled content of the delivered newsprint pursuant to Section 42772, the board, within 30 days of
• § 42781 — If any consumer of newsprint provides the board with a false or misleading certificate concerning the percentage of recycled-content newsprint used pursuant to Section 42770, the board within 30 days
• § 42782 — If any consumer of newsprint provides the board with a false or misleading certificate concerning why the consumer of newsprint was unable to obtain the minimum amounts of recycled-content newsprint p
• § 42783 — Specific information on newsprint prices included as part of a certificate submitted to the board by newsprint consumers or suppliers of newsprint is propriety information and shall not be made availa
• § 42790 — Any person who violates Article 3 (commencing with Section 42770) is guilty of an infraction punishable by a fine of not more than one thousand dollars ($1,000).
• § 42791 — In addition to Section 42790, any person who violates Article 3 (commencing with Section 42770) may be assessed a civil penalty by the board of not more than one thousand dollars ($1,000) for each vio
• § 42800 — The following definitions govern the construction of this chapter.
• § 42801 — “Agricultural purposes” means the use of waste tires as bumpers on agricultural equipment or as a ballast to maintain covers or structures on an agricultural site.
• § 42801.5 — (a) “Altered waste tire” means a waste tire that has been baled, shredded, chopped, or split apart.
• § 42801.6 — “Baled tire” means either a whole or an altered tire that has been compressed and then secured with a binding material for the purpose of reducing its volume.
• § 42801.7 — “Crumb rubber” means rubber granules derived from a waste tire that are less than or equal to, one-quarter inch or six millimeters in size.
• § 42802 — “Fund” means the California Tire Recycling Management Fund created by subdivision (a) of Section 42885.
• § 42803 — “Local agency” means a county, city, special district, or other local governmental agency which provides or regulates solid waste handling services.
• § 42803.5 — “New or used motor vehicle” means any device by which any person or property may be propelled, moved or drawn upon a highway, excepting a device moved exclusively by human power or used exclusively up
• § 42804 — “Operator” means the person responsible for the overall operation of a waste tire facility.
• § 42805 — “Owner” means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility is located.
• § 42805.5 — “Repairable tire” means a worn, damaged, or defective tire that is retreadable, recappable, or regrooveable, or that can be otherwise repaired to return the tire to its use as a vehicle tire, and that
• § 42805.6 — “Scrap tire” means a worn, damaged, or defective tire that is not a repairable tire.
• § 42805.7 — “Tire derived product” means material that meets both of the following requirements: (a) Is derived from a process using whole tires as a feedstock.
• § 42806 — “Tire” means a pneumatic tire or solid tire manufactured for use on any type of motor vehicle.
• § 42806.5 — “Used tire” means a tire that meets all of the following requirements: (a) The tire is no longer mounted on a vehicle but is still suitable for use as a vehicle tire.
• § 42807 — “Waste tire” means a tire that is no longer mounted on a vehicle and is no longer suitable for use as a vehicle tire due to wear, damage, or deviation from the manufacturer’s original specifications.
• § 42808 — “Waste tire facility” means a location, other than a solid waste facility permitted pursuant to this division that receives for transfer or disposal less than 150 tires per day averaged on an annual b
• § 42810 — Nothing in this chapter limits the authority of a local agency to regulate persons or businesses that store, stockpile, process, or dispose of waste tires.
• § 42811 — The board may delegate specific powers and authority in this chapter to enforcement agencies, as defined in Section 40130, including any of the following: (a) Review of operation plans submitted pursu
• § 42812 — Division 13 (commencing with Section 21000) of the Public Resources Code does not apply to the issuance of a permit for the operation of an existing waste tire facility pursuant to this chapter, excep
• § 42820 — (a) The board, in consultation with the Office of Environmental Health Hazard Assessment, shall adopt regulations setting forth the procedures and requirements necessary to obtain a major waste tire f
• § 42821 — The regulations for a major waste tire facility permit shall include, but not be limited to, all of the following: (a) Requirements for submission of a detailed operations plan that contains the follo
• § 42822 — The board shall issue major waste tire facility permits pursuant to the regulations upon application therefor.
• § 42823 — Except as provided in Section 42823.
• § 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 require
• § 42824 — On and after September 1, 1994, it is unlawful to direct or transport waste tires to a major waste tire facility or to accept waste tires at a major waste tire facility unless the operator has obtaine
• § 42825 — (a) Any person who accepts waste tires at a major waste tire facility that has not been issued a permit or an authorization to operate from the board, or who knowingly directs, transports, or abandons
• § 42830 — (a) On or before December 1, 1991, the board, in consultation with the State Fire Marshal and the State Department of Health Services, shall adopt emergency regulations setting forth the procedures an
• § 42831 — The board may exempt either of the following from the permit requirements of this article: (a) An owner or operator of a tire retreading business for the business site if not more than 3,000 waste tir
• § 42832 — The regulations for minor waste tire facility permits shall include, but not be limited to, all of the following: (a) Fire prevention measures.
• § 42833 — The board shall issue minor waste tire facility permits pursuant to the regulations upon application therefor.
• § 42834 — On and after July 1, 1994, it is unlawful to direct or transport waste tires to a minor waste tire facility or to accept waste tires at a minor waste tire facility unless the operator has obtained a m
• § 42835 — (a) Any person who accepts waste tires at a minor waste tire facility that has not been issued a permit or an authorization to operate from the board, or who knowingly directs, transports, or abandons
• § 42840 — A waste tire facility permit issued pursuant to this chapter is valid for five years unless suspended or revoked.
• § 42841 — (a) In addition to the authority specified in Section 42843, the department may reject a waste tire facility permit application if, at the time the application is submitted to the department, the depa
• § 42843 — (a) The department may revoke, suspend, or deny a waste tire facility permit for a period of up to three years, by serving a statement of issues, by personal service or certified mail, in accordance w
• § 42844 — (a) The department may immediately suspend any permit issued pursuant to this chapter if the department determines that the action is necessary to prevent or mitigate an imminent or substantial endang
• § 42845 — (a) (1) A person who stores, stockpiles, or accumulates waste tires at a location for which a waste tire facility permit is required pursuant to this chapter, or in violation of the terms and conditio
• § 42846 — (a) The board may expend available moneys to perform any cleanup, abatement, or remedial work required under the circumstances set forth in Section 42845 which in its judgment is required by the magni
• § 42846.5 — If the owner of property upon which waste tires are unlawfully stored, stockpiled, or accumulated refuses to allow the board or its contractors access to enter onto the property and perform all necess
• § 42847 — If waste tires are cleaned up, the effects of the tires are abated, or, in the case of threatened pollution or nuisance, other necessary remedial action is taken by any governmental agency, the person
• § 42847.5 — (a) Any costs or damages incurred by the department under this article constitute a lien upon the real property owned by any responsible party that is subject to the remedial action.
• § 42848 — If, despite reasonable efforts by the board to identify the person responsible for the unlawful storage, stockpiling, or accumulation of waste tires or the condition of pollution or nuisance, the pers
• § 42849 — (a) “Threaten” or “threat,” for purposes of this article, means a condition creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary t
• § 42850 — (a) Any person who negligently violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, is liable for a civil penal
• § 42850.1 — (a) Any person who intentionally violates any provision of this chapter, or any permit, rule, regulation, standard, or requirement issued or adopted pursuant to this chapter, shall, upon conviction, b
• § 42851 — (a) The department may serve an administrative accusation to a person on whom civil liability may be imposed pursuant to this chapter.
• § 42852 — (a) A hearing required under this chapter shall be conducted by the director in accordance with the informal hearing requirements specified in Chapter 4.
• § 42853 — Orders setting civil liability issued under this section shall become effective and final upon issuance thereof, and payment shall be made within 30 days of issuance, unless otherwise ordered by the d
• § 42854 — (a) Within 30 days after service of a copy of a decision issued by the director, a person so served may file with the superior court a petition for writ of mandate for review of the decision.
• § 42855 — All penalties collected under Section 42850 shall be deposited in the California Tire Recycling Management Fund created pursuant to Section 42885 if the attorney who brought the action represented the
• § 42860 — This chapter shall be known and may be cited as the California Tire Recycling Act.
• § 42861 — The Legislature finds and declares the following: (a) The problem posed by used tire storage and disposal requires a comprehensive, statewide response, including, but not limited to, reducing landfill
• § 42865 — (a) It is the policy of the state that until a state tire recycling program is fully underway and operational, the shredding of used tires shall be encouraged.
• § 42867 — Except as otherwise determined by the board, only landfills authorized in this article shall be eligible for financial assistance in the shredding of tires pursuant to Article 3 (commencing with Secti
• § 42870 — It is the intent of the Legislature: (a) To reduce the landfill disposal and stockpiling of used whole tires by 25 percent within four years of full implementation of a statewide tire recycling progra
• § 42871 — The board shall administer a tire recycling program that promotes and develops alternatives to the landfill disposal of used whole tires.
• § 42872 — The tire recycling program may include, but is not limited to, the following: (a) The awarding of grants, subsidies, rebates, and loans to businesses or other enterprises, and public entities, involve
• § 42872.6 — (a) (1) When awarding grants pursuant to Section 42872 to cities, counties, and other local government agencies for public works projects that use tire-derived products, the department may, in additio
• § 42873 — (a) Activities eligible for funding under this article, that reduce, or that are designed to reduce or promote the reduction of, landfill disposal of used whole tires, may include the following: (1) P
• § 42874 — The board shall evaluate applications for loans or grants under this article based upon, but not limited to, the following factors in the proposal: (a) The quantity of used tires that will be diverted
• § 42875 — The board may also consider the following factors in awarding grant or loan applications: (a) The ability of the proposed processing program to integrate with existing or proposed solid waste manageme
• § 42880 — The board shall administer this chapter.
• § 42881 — (a) In addition to any regulations which the board is required by statute to adopt, the board may adopt any rules or regulations which the board determines may be necessary or useful to carry out this
• § 42882 — In carrying out this chapter, the department may solicit and use expertise available in other state agencies and, if an existing state agency performs functions of a similar nature to the department’s
• § 42883 — The recipient of a grant, subsidy, or loan pursuant to Article 3 (commencing with Section 42870) shall, on or before January 1 of each year, submit a report to the board containing information require
• § 42885 — (a) For purposes of this section, “California tire fee” means the fee imposed pursuant to this section.
• § 42885.5 — (a) The department shall adopt a five-year plan, which shall be updated every two years, to establish goals and priorities for the waste tire program and each program element.
• § 42885.7 — (a) To the extent feasible, the department shall strengthen the California tire tracking system to quantify more precisely the number of used tires flowing from California, and from other states throu
• § 42886 — The fees remitted pursuant to Section 42885 are due and payable quarterly on or before the 15th day of the month following each calendar quarter.
• § 42886.1 — (a) The California Department of Tax and Fee Administration, if it deems it necessary in order to ensure payment to or facilitate the collection by the state of the amount of fees, may require returns
• § 42887 — Except in the case of fraud, intent to evade this chapter or rules and regulations adopted to implement this chapter, or failure to file a return, the notice of a deficiency determination shall be mai
• § 42888 — (a) Except as agreed to by the board, no refund shall be approved by the board after three years from the date the payment was due for which the overpayment was made, or with respect to deficiency or
• § 42889 — (a) All revenues, interest, and penalties derived from the California tire fee, less refunds and reimbursement to the California Department of Tax and Fee Administration for expenses incurred in the a
• § 42889.4 — If facilities are permitted to burn tires in the previous calendar year, the State Air Resources Board, in conjunction with air pollution control districts and air quality management districts, shall
• § 42890 — “Recycled tire product” means a product with not less than 50 percent of its total content derived from recycled used tires.