Regulations: Title 14, Natural Resources--Division 7, CIWMB

Chapter 1. General Provisions

Article 1. Emergency Waiver of Standards

Section 17000. Repealed.
Section 17001. Repealed.
Section 17002. Repealed.
Section 17003. Repealed.
Section 17004. Repealed.
Section 17005. Repealed.
Section 17006. Repealed.
Section 17007. Repealed.

Section 17008. Waiver of Standards.
The California Integrated Waste Management Board (Board) grants operators who, hold a valid Permit to operate solid waste facilities, a waiver of any standard imposed by this Division or any term or condition of a solid waste facilities permit issued Pursuant to this Division related to origin of waste, rate of inflow for storage, transfer or disposal, type and moisture content of solid waste, hours of facility operation, and storage time before transfer or disposal of waste, at existing solid waste facilities. This includes temporary on- or off-site facilities, if authorized by the Local Enforcement Agency (LEA), to meet the requirements of Section 17012, or, if needed. to regulate any permitted facilities unavailable due to the effects of the January 17, 1994, Northridge earthquake and aftershocks.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17009. Purpose and Limitations of Waiver.
(a) This waiver is Granted for the express purpose of enabling solid waste facilities operators to accept demolition debris and other waste from the cleanup of the January 17, 1994, Northridge earthquake and aftershocks, and for the purpose of facilitating the handling and disposal Of other municipal solid waste, the normal flow of which has been interrupted by the effects of the earthquake. This includes not only waste originating in the earthquake area, as designated by the Governor's January 17, 1994 Declaration of Emergency, and any additional declaration of emergency which the Governor may issue relative to this earthquake and related seismic activity, but also waste normally destined for disposal there.

(b) This waiver is valid for 120 day from the effective date of this regulation.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17010. Reporting Requirements.
An operator who proposes to accept earthquake-related solid waste under circumstances which would normally not conform to state standards or the terms and conditions of his or her solid waste facilities permit must report to the LEA. Before beginning to accept such waste, an operator must telephone the LEA. In addition, the operator must report in writing the facts and circumstances of such receipt. handling or disposal of waste, stating the origin and type of waste, and the increase in tonnage or volume of waste to be received, and the dates and duration of storage required for waste prior to transfer or disposal. This written report must be made to the LEA within 60 days of receipt of such waste, and again at the end of the 120-day effective period of the regulations.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17011. Effect on Other Standards, Ordinances, Regulations and Laws.
All other state minimum solid waste standards and permit conditions which are not the subject of the waiver must be adhered to. In addition, all other local, state and federal ordinances, regulations and laws must be followed.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17012. Diversion Requirements.
This waiver is valid only if the operator uses maximum efforts to recycle, reuse or otherwise divert from disposal as much of the waste received as is feasible.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17013. LEA Report to the Board.
The LEA must review the operator's written report on receipt of waste pursuant to the waiver. and must transmit a report together with comments on the LEA's review. to the Board within 14 days of the receipt of the operator's written report.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17014. Executive Director's Duties and Powers Relative to the Waiver.
(a) The Board delegates to the Executive Director the review of an operator's use of the waiver. The Executive Director may condition, limit, suspend or terminate an operator's use of the waiver. If he or she determines that continued use of the waiver would cause harm to the public health safety.

(b) The Executive Director shall report to the Board at its meetings on the use of the waiver, and any determinations he or she has made concerning the waiver.

Note:

Authority cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40002, 43020 and 43021 of the Public Resources Code.

Section 17015. Repealed.

Section 17016. Repealed.

Article 2. Contracting with Architectural, Engineering, Environmental, Land Surveying and Construction Project Management Firms

Section 17020. Definitions.
As used in these regulations:

(a) "Architectural, engineering, environmental, land surveying services," and construction project management" have the respective meanings set forth in Section 4525 of the Government Code.

(b) "Board" means the California Integrated Waste Management Board or the Board's designee authorized to contract for architectural, engineering, environmental, land surveying and construction project management services on behalf of the board.

(c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction project management.

(d) "M/WBE" means Minority Business Enterprise and/or Women Business Enterprise.

(e) "DVBE" means Disabled Veteran Business Enterprise.

(f) "Small Business Firm" has the meaning set forth in Section 14837(c) of the Government Code.

Note:

Authority cited:
Section 40502 of the Public Resources Code; Section 4526 Government Code.

Reference:
Sections 4525 and 4526 of the Government Code; Sections 45402 and 45403, Public Resources Code.

Section 17021. Publication of Request for Qualifications.
(a) The board shall publish a Request for Qualifications (RFQ) for expected architectural, engineering, environmental, land surveying and construction project management services in the State Contracts Register and in statewide publications of appropriate professional societies.

(b) The announcement shall include the following information: a contract identification number, a brief description of services required; location, budget, and duration; eligibility and preferences; submittal requirements and deadlines; and name and telephone number of board contact for questions on the publication.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502, of the Public Resources Code.

Reference:
Sections 4526, 4527 and 4529.5 of the Government Code; Sections 45402 and 45403, Public Resources Code.

Section 17022. Selection Criteria.
The board shall select firms based on their ability to perform the specific functions outlined in the RFQ. The criteria for selection will include:

(a) Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the RFQ.

(b) Professional experience of the firm in executing contracts of a similar nature.

(c) Adequacy of personnel numbers within specific disciplines required to complete the work required by the RFQ.

(d) Experience and training of key personnel as related to the work described in the RFQ.

(e) Adequacy of number of principal(s) which are intended to be assigned to the contract.

(f) Knowledge of applicable regulations and technology associated with the contract.

(g) Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the RFQ.

(h) Specialized qualifications for the services to be performed.

(i) Compliance with M/WBE and DVBE goals or good faith effort pursuant to Public Contract Code section 10115 et seq.

These factors shall be weighted by the board according to the nature of the project, the needs of the State and complexity and special requirements of the specific project.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Sections 4526, 4527 and 4529.5 of the Government Code; Sections 45402 and 45403, Public Resources Code.

Section 17023. Selection of Firms.
After expiration of the deadline date in the publications, the board shall review and rank eligible firms on file at the board using the selection criteria contained in Section 17022. The board shall conduct interviews with no less than the top three ranked firms to discuss qualifications and methods for furnishing the required services. From the firms with which discussions are held, the board shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the services required.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Sections 4526, 4527 and 4529.5 of the Government Code; Sections 45402 and 45403 of the Public Resources Code.

Section 17024. Negotiation of Contract.
(a) The board shall request a detailed Fee Proposal from the best qualified firm and shall require a State's Estimate of Fees to be prepared by board staff prior to negotiations. The State's estimate shall remain confidential until award of contract or abandonment of any further procedure for the services to which it relates. If the board determines the State's estimate to be unrealistic for any reason, the board shall require the estimate to be reevaluated and modified if necessary.

(b) The board shall attempt to negotiate a contract with the best qualified firm. Should the board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The board shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The board shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the board may select additional firms in the manner prescribed above and continue the negotiation procedure until an agreement is reached.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Section 4528 of the Government Code; Sections 45402 and 45403 of the Public Resources Code.

Section 17025. Contract Agreement.
(a) After successful negotiations, the board and the firm shall complete and sign the contract agreement.

(b) In instances where the State effects a necessary change in the contract during the course of performance of the services, the firm's compensation may be adjusted by mutual written agreement.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Section 4528 of the Government Code; Sections 45402 and 45403 of the Public Resources Code.

Section 17026. Contracting in Phases.
Should the board determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the board shall have determined that the firm is best qualified to perform the whole project at reasonable cost, and the contract contains provisions that the state, at its option, may utilize the firm for other phases and the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually-agreed upon and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Section 4526 of the Government Code; Sections 45402 and 45403 of the Public Resources Code.

Section 17027. Emergency Contracting.
Where the board makes a finding of emergency, the board may negotiate a contract for such services without following procedures in Sections 17020 - 17029. The finding of emergency must include a finding that conditions at a solid waste facility pose an imminent threat to life or health and insufficient time exists to implement the foregoing procedures to secure services. The selection criteria will be the same as those listed in Section 17022 and fees will still be negotiated as described in Section 17024. The announcement, formal ranking, and interviewing procedures, as specified in Sections 17021 and 17023 may be by-passed.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
45002, 45402 and 45403 of the Public Resources Code.

Section 17028. Small Business Participation.
The board shall endeavor to provide copies of announcements for services to Small Business Firms that have indicated an interest in receiving such announcements. Failure of the board to send a copy of an announcement to any firm shall not invalidate any selection or contract.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Sections 4526 and 4527 of the Government Code; Sections 45402 and 45403, of the Public Resources Code.

Section 17029. Unlawful Activities and Conflict of Interest.
Practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited. Additionally, a board employee shall not participate in the selection process if the employee has a relationship of a type specified in section 87100 of the Government Code, with a person or business entity seeking a contract subject to this chapter.

Note:

Authority cited:
Section 4526 of the Government Code; Section 40502 of the Public Resources Code.

Reference:
Section 4526 of the Government Code; Sections 45402 and 45403 of the Public Resources Code.

Article 3. Implementation of Federal Laws

Section 17031. Regional Boundaries.
Pursuant to Section 4006(a) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USC Section 6946, the following boundaries are identified for solid waste management in California:

(a) The boundaries of each of the 58 counties in California for addressing local issues;

(b) The boundaries of the jurisdiction of each of the ten Metropolitan Councils of Governments and of the California Tahoe Regional Planning Agency for addressing regional issues. These boundaries are as follows:

(1) The boundaries of the area lying within the jurisdiction of the Association of Bay Area Governments which include the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano, and Sonoma;

(2) The boundaries of the area lying within the jurisdiction of the Association of Monterey Bay Area Governments which include the Counties of Monterey and Santa Cruz;

(3) The boundaries of the area lying within the jurisdiction of the Comprehensive Planning Organization of the San Diego Region which include the County of San Diego;

(4) The boundaries of the area lying within the jurisdiction of the Sacramento Regional Area Planning Commission which include the Counties of Sacrament, Sutter, Yolo, and Yuba and the City of Roseville;

(5) The boundaries of the area lying within the jurisdiction of the Southern California Association of Governments which include the counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura;

(6) The boundaries of the area lying within the jurisdiction of the Council of Fresno County Governments which include the County of Fresno;

(7) The boundaries of the area lying within the jurisdiction of the Kern County Council of Governments which include the County of Kern;

(8) The boundaries of the area lying within the jurisdiction of the San Joaquin County Council of Governments which include the County of San Joaquin;

(9) The boundaries of the area lying within the jurisdiction of the Santa Barbara County - Cities Area Planning Council which include the County of Santa Barbara;

(10) The boundaries of the area lying within the jurisdiction of the Stanislaus Area Association of Governments which include the County of Stanislaus; and

(11) The boundaries of the area lying within the jurisdiction of the California Tahoe Regional Planning Agency which include that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest cornier of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, MDB&M;

(c) The boundaries of the State of California for addressing statewide issues.

Comment: This regulation may be modified from time to time identifying additional or different regional boundaries pursuant to Section 4006(a) of the Act. The method for identifying unspecified State, regional and local issues will be set forth in the regulation concerning identification of agencies and their responsibilities. Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies.

Section 17032. Agencies.
Pursuant to Section 4006 (b) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USC Section 6946 and Section 66793 of the Government Code, the following responsible agencies are identified for solid waste management in California:

(a) Within each of the counties in California, the Boards of Supervisors are responsible, with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, for local planning a implementation of solid waste management in accordance with Section 66780 of the Government Code with the following exceptions:

(1) Within the County of Alameda, the Alameda County Solid Waste Management Authority is responsible for solid waste planning and implementation;

(2) Within the County of Merced, the Merced County Solid Waste Advisory Board is responsible for solid waste planning and implementation;

(3) Within the County of Santa Clara, the Solid Waste Planning Committee is responsible for solid waste planning and implementation;

(4) Within the County of Ventura, the Ventura Regional County Sanitation District is responsible for solid waste planning and implementation with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county;

(5) Within the County of Los Angeles, the Los Angeles County Solid Waste Management Committee is the responsible countywide agency for solid waste planning. Implementation shall be accomplished by those responsible agencies identified in the Los Angeles County Solid Waste Management Plan.

(b) Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies.

(c) For regional planning, the following agencies are identified:

(1) The Association of Bay Area Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma;

(2) The Sacramento Regional Area Planning Commission is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Sacramento, Sutter, Yolo, Yuba, and the City of Roseville;

(3) The Southern California Association of Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Imperial, Los Angeles, Orange, Riverside, and San Bernardino;

(4) The California Tahoe Regional Planning Agency is responsible for regional issues for solid waste management planning within the boundaries of the area including that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15, North, Range 16 East, M.D.B.&M.

(d) For statewide solid waste management planning and implementation the following are identified:

(1) The State Solid Waste Management Board is responsible for solid waste management planning and implementation within the boundaries of the State of California;

(2) The State Department of Health is responsible for hazardous waste management planning and implementation within the boundaries of the State of California.

Comment:
The State Solid Waste Management Board widely distributed to the interested public a request for nominations of agencies. Based on the nominations received, a proposed regulation was drafted and circulated for comment prior to two public hearings; one on April 4, 1978 in the State Building, 455 Golden Gate Avenue, Room 1200, San Francisco, California, and the other on April 5, 1978 in the Inglewood City Hall, One Manchester Boulevard, Community Room, Inglewood, California. This regulation was finally considered at a regularly scheduled public State Solid Waste Management Board Meeting on April 21, 1978, and was adopted at the time as amended.

Note:

Authority cited:
Section 66790 of the Government Code, Section 6946, 42 United States Code and Section 4006, 90 Stat. 2816, P.L. 94-580 of the Federal Resource Conservation and Recovery Act of 1976.

Reference:
Section 66793 of the Government Code.

Article 4. Public Records.

Section 17041. Scope and Applicability.
This article shall apply to all requests to the Board pursuant to the California Public Records Act (Government Code sections 6250 et seq.) for the disclosure of public records or for maintaining the confidentiality of data received by the Board.

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 40502, 42297, and 42325 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, and 42783 of the Public Resources Code.
Sections 17052.14,19542, 23612.5 and 4598 of the Revenue and Taxation Code.

Section 17042. Disclosure Policy.
It is the policy of the Board that all records not exempted from disclosure by state or federal law shall be available for public inspection as provided in the California Public Records Act, Government Code section 6250 et seq. Requests for records that are not exempt from disclosure by state or federal law, and which are determined as provided in this article to be confidential or proprietary, shall be evaluated to determine whether, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record.

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 40502, 42297, and 42325 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, 42783 of the Public Resources Code.
Sections 17052.14, 19542, 23612.5 and 45982 of the Revenue and Taxation Code.

Section 17043. Requests for Public Records
All requests for public records, as defined in Government Code section 6252, shall be made in writing to the Board's custodian of records, and shall be addressed as follows: Custodian of Records California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 40502, 42297, 42325 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, and 42783 of the Public Resources Code.
Sections 17052.14,19542, 23612.5 and 45982 of the Revenue and Taxation Code.

Section 17044. Submittal of Trade Secrets.
Any person submitting to the Board any records containing data claimed to be a "trade secret," as defined in Public Resources Code section 40062, shall at the time of submission, identify all information which the person believes is a trade secret, and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be trade secret. Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law.

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 40502, 42297, and 42325 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, and 42783 of the Public Resources Code.
Sections 17052.14, 19542, 23612.5 and 45982 of the Revenue and Taxation Code.

Section 17045. Submittal of Confidential or Proprietary Data.
Any person submitting to the Board any records containing data claimed to be confidential or proprietary, or to be otherwise exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as "confidential" or "proprietary," and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be confidential.

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 40502, 42297, and 42325 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, and 42783 of the Public Resources Code.
Sections 17052.14,19542, 23612.5 and 45982 of the Revenue and Taxation Code.

Section 17046. Disclosure of Trade Secrets and Confidential or Proprietary Data.
(a) This section shall apply to all data in the custody of the Board:

(1) which is designated "trade secret", as defined in Public Resources Code section 40062,

(2) which is considered by the Board or identified by the person who submitted the data to be confidential or proprietary data

(3) which is received from a federal, state or local agency with a confidential or proprietary data designation, or

(4) which is exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law.

(1) personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to the Board which if released would result in harmful effects on the person's competitive position;

(2) tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code.

(c) Upon receipt of a request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the individual designated pursuant to section 17045 in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information.

(1) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail. The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made. The justification and statement shall be submitted to the Board by certified mail. The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt.

(A) The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following:

1. a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information;

2. a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects;

3. any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted;

4. the period of time for which trade secret, confidential or proprietary treatment is requested;

5. the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary, status has been maintained or its release restricted;

6. trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available.

(B) Documentation, as specified in (A), in support of a claim of trade secret, confidentiality or proprietary may be submitted to the Board prior to the time disclosure is sought.

(2) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by paragraph (1). The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail.

(3) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by paragraph (2) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public.

(d) Except as provided in subdivision (c), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions:

(1) Other governmental agencies, and the Legislature, may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports.

(2) to the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information.

(e) Should judicial review be sought of a determination issued in accordance with section (c), the person requesting the data and/or the person making the claim of trade secret, confidential or proprietary information status in relation to the data, may be made a party or parties to the litigation to justify the determination.

Note:

Authority cited:
Section 6253 of the Government Code.
Sections 42297, 42345 of the Public Resources Code.

Reference:
Section 6250 et seq. of the Government Code.
Sections 40062, 42323, and 42783 of the Public Resources Code.
Sections 17052.14,19542, 23612.5 and 45982 of the Revenue and Taxation Code.

Article 5. Unreliable Contractors, Subcontractors, Borrowers and Grantees

Section 17050. Grounds for Placement on Unreliable List.
The following are grounds for a finding that a contractor, any subcontractor that provides services for a board agreement, grantee or borrower is unreliable and should be placed on the board’s Unreliable Contractor, Subcontractor, Grantee or Borrower List ("Unreliable List"). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq.

(a) Disallowance of any and/or all claim(s) to the board due to fraudulent claims or reporting; or

(b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or

(c) Default on a board loan, as evidenced by written notice from board staff provided to the borrower of the default; or

(d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by the board; or

(e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the board contract, subcontract, grant or loan; or

(f) Breach of the terms and conditions of a previous board contract, any subcontract for a board agreement, grant, or loan, resulting in termination of the board contract, subcontract, grant or loan by the board or prime contractor; or

(g) Placement on the board’s chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or

(h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any board contract, subcontract, grant or loan; or

(i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or

(j) The person or entity has violated an Order issued in accordance with section 18304; or,

(k) The person or entity has directed or transported to, has or accepted waste tires at, a site where the operator is required to have but does not have a waste tire facility permit; or,

(l) The person or entity has transported waste tires without a waste tire hauler registration; or,

(m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or,

(n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by the Board to remediate, clean, or abate a nuisance at the site; or

(o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List:

(1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;

(2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;

(3) The entity includes a Principal Manager who:

1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List;

(4) The entity has a person who owns 20% or more of the entity, if that person:

1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.

(5) The entity has another entity which owns 20% or more of the entity, if that other entity:

1. Is on the Unreliable List; or,

2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List.

(6) Subsection(o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List.

Note:

Authority Cited:
Section 40502 Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17051. Board Agreement for Contract, Grant or Loan.
(a) The Board shall not award a contract or grant, or approve a loan to any person or entity on the Unreliable List, for up to three years from the date of placement on the Unreliable List.

(b) This prohibition does not apply to Block Grants awarded pursuant to Public Resources Code section 48690.

(c) This prohibition does not apply when the contract, grant or loan is for the purpose of resolving the chronic violations which led to the person or entity's placement on the Unreliable List in accordance with section 17050(g).

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17052. Board Agreement for Contract, Grant or Loan with Proposed Subcontractor.
The board shall not award a contract or grant or approve a loan with any person or entity who has proposed to enter into a subcontract with any person or entity who would provide services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List.

Note:

Authority Cited:
Section 40502of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the  Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17053.  Board Subcontractors.
The board shall not give approval for a contractor, grantee or borrower to enter into a subcontract with any person or entity who provides services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17054. Executive Director Finding.
(a) The Executive Director may make a proposed finding of unreliability based on the occurrence of any event in Section 17050. The proposed finding may be made at any time within 3 years after Board staff discover that one or more of the events in Section 17050 may have occurred.

(b)  In making such a finding, the Executive Director shall take into consideration mitigating factors which indicate that the person or entity is in fact reliable. These factors shall include, but are not limited to the following:

(1) Whether the violation, breach, or unlawful act was serious or material;

(2) The presence or absence of any intention to conceal, deceive, or mislead;

(3) Whether the violation, breach, or unlawful act was deliberate, negligent, or inadvertent;

(4) Whether the violation, breach, or unlawful act was an isolated occurrence, had happened previously, or is part of a pattern and practice;

(5) Whether the person or entity cooperated with local, state or federal authorities or took remedial action to correct, address, or prevent a future violation, breach, or unlawful act.

(6) The degree to which restitution, or other compensation, has been paid.

(c)  After the Executive Director has made a proposed finding of unreliability, the Executive Director shall notify the person or entity of the proposed finding by certified or registered mail.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17055. Appeal to Board.
A person or entity who wishes to appeal the Executive Director’s proposed finding of unreliability may, within 30 calendar days from the date notification was sent, submit to the Executive Director a written request for an appeal hearing before the board. The request shall state the grounds on which appeal is requested, including the factual and legal argument and supporting authorities.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17056. Final Finding.
(a) If the Executive Director does not receive a request for appeal within 30 calendar days from the date notice of the proposed finding was sent, the finding shall become final, and the person or entity shall be added to the Unreliable List.

(b) If a person or entity appeals the proposed finding, but withdraws the appeal or fails to attend the scheduled hearing, the proposed finding shall become final upon withdrawal of the appeal or failure to attend the hearing, and the person or entity shall be added to the Unreliable List.

(c) If a person or entity appeals the proposed finding of unreliability and the board upholds the Executive Director’s finding, the proposed finding shall become final and the person or entity shall be added to the Unreliable List.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17057. Hearing.
The appeal to the board will be heard at a board meeting according to the following guidelines. The board has the right to augment these guidelines with specific time frames and procedures to fit within the board’s agenda deadlines and meeting format. The appellant may request that the hearing be conducted in closed session to the extent authorized by law and shall indicate the basis for such a request.

(a) The board shall schedule a hearing within 60 days from the appellant’s request for hearing.

(b) Prior to the hearing, board staff will inform appellant of the date for the hearing and provide a copy of the agenda item. The appellant’s request for appeal will be included in the agenda item. Appellant may submit additional information for consideration at the board meeting.

(c) The hearing need not be conducted according to the technical rules relating to civil procedure, evidence and witnesses which would apply in a court of law.

(d) The hearing shall not be governed by the Administrative Procedure Act, Government Code sections 11340 et. seq.

(e) The Chairman of the Board may limit evidence and presentations to the issues relevant to the appeal.

(f) There may be a presentation by board staff and/or attorneys and a presentation by appellant and/or its attorneys.

(g) Oral testimony offered by any witness shall be under oath.

(h) The attorneys for the board and appellant shall not cross examine each other’s witnesses.

(i) Rebuttal testimony may be offered.

(j) After considering all presentations and evidence, the board shall vote to uphold or overturn the proposed finding of unreliability made by the Executive Director. A vote to uphold the finding means that the appellant will be added to the Unreliable List for up to three years from the date of the board meeting. A vote to overturn the Executive Director’s finding means that the appellant will not be added to the Unreliable List. In the case of a tie vote, the appellant shall not be added to the Unreliable List.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17058. Reconsideration of Placement on Unreliable List.
At any time after eighteen months and prior to three years since placement on the Unreliable List, a person or entity may submit a written request to the Executive Director requesting that the final finding of unreliability be vacated. This request may be submitted once only during the three year term of the Unreliable List. The Executive Director will reconsider the finding of unreliability based on the evidence submitted in the request. If the Executive Director finds that there is sufficient evidence to deem the person or entity reliable, they will be removed from the list. If there is not sufficient evidence to deem the person or entity reliable, then placement on the Unreliable List remains to the end of the three-year term.

Note:

Authority Cited:
Section 40502  of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code. Section 12166 of the Public Contracts Code.

Section 17060. Declaration.
All applicants for board contracts, subcontracts, grants and loans shall submit to the board and all subcontractors shall submit to the prime contractor who will submit to the Board, a declaration under penalty of perjury stating that none of the events in Section 17050 have occurred with respect to the applicant, or subcontractor, within the preceding three years.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 8690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

Section 17062. Existing Law.
Placement of a person or entity on the Unreliable List is not intended to limit the Board's ability to seek additional redress or take corrective action as may be allowed by law due to the occurrence of an event listed in section 17050.

Note:

Authority Cited:
Section 40502 of the Public Resources Code.

Reference:
Sections 40505, 41956, 42010(c), 42846(a)&(b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655, 48690 of the Public Resources Code.
Section 12166 of the Public Contracts Code.

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