Article 9.2. Disposal Reporting System
Section 18800. Scope and Purpose.
(a) This Article implements sections 41821.5 and 41821.2 of the
Public Resources Code.
(b) Each jurisdiction in California must adopt a Source Reduction and
Recycling Element showing how it will meet the diversion goals in
section 41780 of the Public Resources Code. Diversion goal achievement
is one of the factors that the Board will consider in its biennial
review of Source Reduction and Recycling Element implementation pursuant
to section 41825 of the Public Resources Code. To determine if it has
met the goals, a jurisdiction will need to calculate how much solid
waste it has disposed. The Disposal Reporting System in this Article
shall be used to estimate the amount of disposal from each jurisdiction.
The amount of disposal shall be compared to the maximum disposal
tonnages calculated in section 18794.1 of Article 9.0.
(c) Nothing in this Article shall prevent an agency, district, or a
jurisdiction from requiring haulers or operators to supply additional
disposal information based upon their own authority to impose
requirements on haulers or operators.
(d) Sections 18802, 18803, 18805, 18806, and 18807 of this Article
are repealed. The content of the repealed sections has been modified and
reorganized to provide information by type of entity in individual
sections as follows:
(1) Hauler: Section 18808.
(A) Section 18808.4: Hauler Records: Retention, Access, and
Investigations
(B) Section 18808.5: Identifying Jurisdiction of Origin
(C) Section 18808.6: Frequency of Origin Surveys
(D) Section 18808.8:
Applicability of Alternative Reporting Systems
(E) Section 18808.10:
Export Reporting Due Dates for a Public Contract Hauler
(2) Station: Section 18809.
(A) Section 18809.4: Station Records: Retention, Access, and
Investigations
(B) Section 18809.5: Identifying Jurisdiction of Origin
(C) Section 18809.6: Frequency of Origin Surveys
(D) Section 18809.8:
Applicability of Alternative Reporting Systems
(E) Section 18809.10:
Disposal Reporting Due Dates for a Station
(3) Landfill: Section 18810.
(A) Section 18810.4: Landfill Records: Retention, Access, and
Investigations
(B) Section 18810.5: Identifying Jurisdiction of Origin
(C) Section 18810.6: Frequency of Origin Surveys
(D) Section 18810.8:
Applicability of Alternative Reporting Systems
(E) Section 18810.10:
Disposal Reporting Due Dates for a Landfill
(4) Transformation Facility: Section 18811.
(A) Section 18811.4: Transformation Facility Records: Retention,
Access, and Investigations (B) Section 18811.5: Identifying Jurisdiction
of Origin
(C) Section 18811.6: Frequency of Origin Surveys
(D) Section
18811.8: Applicability of Alternative Reporting Systems
(E) Section
18811.10: Disposal Reporting Due Dates for a Transformation Facility
(5) Agency: Section 18812.
(A) Section 18812.4: Agency Records: Retention, Access, and
Investigations
(B) Section 18812.5: Identifying Jurisdiction of Origin
(C) Section 18812.6: Frequency of Origin Surveys
(D) Section 18812.8:
Applicability of Alternative Reporting Systems
(E) Section 18812.10:
Disposal Reporting Due Dates for an Agency
(6) Jurisdiction: Section 18813.
(A) Section 18813.4: Jurisdiction Records: Retention, Access, and
Investigations
(B) Section 18813.5: Identifying Jurisdiction of Origin
(C) Section 18813.6: Frequency of Origin Surveys
(D) Section 18813.8:
Applicability of Alternative Reporting Systems
(E) Section 18813.10:
Disposal Reporting Due Date Information
(7) District: Section 18814.
(A) Section 18814.4: District Records: Retention, Access, and
Investigations
(B) Section 18814.5: Identifying Jurisdiction of Origin
(C) Section 18814.6: Frequency of Origin Surveys
(D) Section 18814.8:
Applicability of Alternative Reporting Systems
(E) Section 18814.10:
Disposal Reporting Due Dates for a District
(e) Sections 18809.2(b), 18809.6(b), 18810.2(b), 18810.6(b), and
18811.6(b) of this Article contain provisions for facilities located in
rural cities and counties. Rural cities and counties are defined in
sections 40183 and 40184 of the Public Resources Code.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Sections 41821.2 and 41821.5 of the Public Resources Code.
Section 18801. Definitions.
(a) For the purposes of this Article, the following terms have the meanings
given below.
(1) "Agency" means the local agency responsible for compiling the
disposal information from haulers and operators. The county is the
agency, unless a region is given the responsibility as part of a
regional agreement.
(2) “Airspace utilization factor” (AUF) (tons of waste per cubic yard
of landfill airspace) means the effective density of waste material in
the landfill. The AUF is recorded as the total weight of waste material
passing over the landfill scales that is placed in a known volume of
landfill airspace in a given time period. The waste portion of the AUF
should include only waste material for which payment of fees to the
Board is reported.
(3) "Alternative daily cover" has the same meaning as in section
20690 of Title 27 of the California Code of Regulations.
(4) "Alternative intermediate cover" has the same meaning as in
section 20700 of Title 27 of the California Code of Regulations.
(5) "Beneficial reuse" has the same meaning as in section 20686 of
Title 27 of the California Code of Regulations.
(6) "Board" means the California Integrated Waste Management Board.
(7) “Construction and Demolition (C&D) Debris" has the same meaning
as in section 17381(e) of Title 14 of the California Code of
Regulations.
(8) "Designated waste" has the same meaning as defined in section
13173 of the California Water Code.
(9) “Disaster waste” has the same meaning as “disaster debris” in
section 17210.1(d) in Title 14 of the California Code of Regulations.
(10) “Dispatcher” means a person who sends a public contract hauler
on a specific route or to specific locations to collect solid waste for
delivery to a solid waste facility. A "dispatcher" keeps records on the
locations to which haulers are sent to collect and deliver waste.
(11) "District" means a community service district established in
accordance with Government Code section 61000 et seq., that provides
solid waste handling services or implements source reduction and
recycling programs. "District" also includes a sanitary district or a
public utility district that provides solid waste handling services or
implements source reduction and recycling programs.
(12) "Export from California" means export outside the boundaries of
the State of California or to Indian country within the boundaries of
the State of California, as defined in section 1151 of Title 18 of the
United States Code.
(13) "Facility" means a permitted solid waste facility, as defined in
section 18720(a)(51) of the California Code of Regulations. “Facility”
includes, but is not limited to transfer stations, landfills, and
transformation facilities.
(14) "Gatehouse attendant" means a person who processes deliveries
from haulers transporting solid waste to a facility and who may be
responsible for obtaining jurisdiction of origin information.
(15) "Hauler" means a person who collects solid waste from a solid
waste generator, or collects his or her own waste, and transports the
waste to a solid waste facility. “Hauler” includes a public contract
hauler. "Hauler" does not include a person who transports solid waste
from a station to another facility.
(16) "Host jurisdiction" means a jurisdiction in which a permitted
solid waste facility is located.
(17)"Import from outside California" means import of waste from
outside the boundaries of the State of California or from Indian country
within the boundaries of the State of California, as defined in section
1151 of Title 18 of the United States Code.
(18) “In-place waste density” (pounds of waste per cubic yard of
waste) means the estimated or measured density of in-place waste
material achieved by mechanical or other means in the development of the
current lift of the current operating waste cell.
(19) “Inert debris” has the same meaning as in section 17381(k) of
Title 14 of the California Code of Regulations.
(20)"Jurisdiction" means a city, county, city and county, or regional
agency with responsibility for waste management. This definition is in
addition to the definition found in section 18720(a)(33).
(21) “Load” means the solid waste delivered to a solid waste facility
in a single vehicle at one time.
(22) "Operator" means a person who operates a permitted solid waste
facility.
(23) "Origin survey" or "survey" means a method for determining the
jurisdiction(s) of origin for solid waste delivered to a facility.
(24) "Public contract hauler" means a person who charges for or is
paid for collecting solid waste from a solid waste generator and
transporting the waste to a solid waste facility. A person involved in a
solid waste enterprise or solid waste handling services as defined in
sections 49504 and 49505 of the Public Resources Code respectively, and
a person who is a franchise hauler meet the definition of a public
contract hauler. A "public contract hauler" may collect solid waste from
residential, commercial, industrial, or other generators.
(25) "Quarter" means one of the following four three-month periods in
a calendar year: The first quarter begins January 1 and ends March 31.
The second quarter begins April 1 and ends June 30. The third quarter
begins July 1 and ends September 30. The fourth quarter begins October 1
and ends December 31.
(26) "Region" means an entity formed pursuant to sections 40970
through 40975 of the Public Resources Code. This definition supersedes
the definition found in section 18720(a)(57) of the California Code of
Regulations for the purposes of this Article.
(27) “Soil" includes clean or contaminated soil.
(A) "Clean (or noncontaminated) soil" means soil that does not
contain other materials, or is below designated concentrations of
contamination for other materials as allowed pursuant to section 13173
of the California Water Code.
(B) “Contaminated soil” means soil that:
(i) contains designated or nonhazardous concentrations, as set forth
in Title 23, Chapter 15, Article 1, section 2510 et seq. of the
California Code of Regulations, of petroleum hydrocarbons, such as
gasoline and its components (benzene, toluene, xylene, and ethylbenzene),
diesel and its components (benzene), virgin oil, motor oil, or aviation
fuel, and lead as an associated metal; and
(ii) has been determined pursuant to section 13263(a) of the Water
Code to be a waste that requires regulation by the Regional Water
Quality Control Board or Local Oversight Agency.
(28) "Solid waste" or "waste" has the same meaning as defined in
section 40191 of the Public Resources Code.
(29) "Station" means a permitted solid waste facility utilized to
receive solid wastes, temporarily store, separate, convert, or otherwise
process the materials in the solid wastes, or to transfer the solid
wastes directly from smaller to larger vehicles for transport. "Station"
includes permitted transfer or processing stations or facilities, and
permitted materials recovery facilities. "Station" does not include
permitted transformation facilities or landfills.
(30) "Track" means to collect origin information and determine
tonnage for loads of waste delivered to a facility and to maintain a
record of the origin and tonnage information. Data tracked during a
quarter is used to compile quarterly reports.
(31) "Waste-to-cover ratio" (estimated) (volume:volume) means the
unit-less expression of the proportion of the volumes of waste and cover
that comprise a volume of compacted fill material, e.g. 4:1. The cover
portion of the waste-to-cover ratio estimate should include only soil or
approved daily or intermediate alternative cover that is not considered
a waste material, i.e., payment of fees to the Board is not required.
The waste portion of the waste-to-cover ratio estimate should include
only waste material for which payment of fees to the Board is reported.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Sections 41821.2 and 41821.5 of the Public Resources Code.
Section 18801.1.
Use of Soil for
Alternative Daily Cover, Alternative Intermediate Cover, or Beneficial
Reuse.
(a) Use of Soil for Alternative Daily Cover, Alternative
Intermediate Cover, or Beneficial Reuse. (a) Alternative daily cover does
not include the use of clean or contaminated soil segregated prior to
receipt by a landfill; however, loads of materials used for alternative
daily cover may include small amounts of soil (such as found in construction
and demolition waste loads). For the purpose of this Article, amounts of
alternative daily cover shall be reported separately from amounts of
alternative intermediate cover and from amounts of other beneficial on-site
reuse.
(b) Alternative intermediate cover does not include the use of clean
or contaminated soil segregated prior to receipt by a landfill; however,
loads of materials used for alternative intermediate cover may include
small amounts of soil (such as found in construction and demolition
waste loads). For the purpose of this Article, amounts of alternative
intermediate cover shall be reported separately from amounts of
alternative daily cover and from amounts of other beneficial on-site
reuse.
(c) Beneficial reuse does not include the use of clean or
contaminated soil segregated prior to receipt by a landfill; however,
loads of materials reused beneficially may include small amounts of soil
(such as found in construction and demolition waste loads). For the
purpose of this Article, amounts of other beneficial reuse shall be
reported separately from amounts of alternative daily cover and from
amounts of alternative intermediate cover.
(d) For the purposes of this Division, clean soil and contaminated
soil used as cover or for other beneficial reuse do not count as
disposal or diversion.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Sections 41821.2 and 41821.5 of the Public Resources Code.
Section 18802. Repealed.
Section 18803. Repealed.
Section 18804. Non-compliance.
(a) This section
outlines
the Board’s process for handling allegations
of non-compliance:
(1) If an agency receives written information on specific allegations
of non-compliance pursuant to sections 18808.11(a) and (b), 18809.11(a)
and (b), 18810.11(a) and (b), 18811.11(a) and (b), 18812.11(a),
18813.11(a) and (b), and 18814.11(a) and (b), it shall forward this
information to the Board. The agency shall send this information in
writing, with any additional information it has regarding specific
allegations of non-compliance, no later than 60 working days after
receiving the information.
(2) If an agency has its own specific allegations of hauler or
operator non-compliance, the agency shall forward the information, in
writing, to the Board pursuant to section 18812.11(c).
(3) A hauler, operator, jurisdiction, or district may forward
information on specific allegations of agency non-compliance in writing
to the Board as set forth in sections 18808.11(c), 18809.11(c),
18810.11(c), 18811.11(c), 18813.11(c), and 18814.11(c).
(4) Board staff shall work with affected parties to investigate and
attempt to resolve allegations of non-compliance, including allowing the
entity accused of non-compliance a reasonable opportunity to provide
relevant information regarding the allegations. If Board staff
substantiates the allegations and cannot resolve them, then the Board
shall make a determination on the allegations of non-compliance at a
public meeting. Based on a finding of non-compliance, the Board may take
one
or more of the following actions:
(A) notify the affected jurisdictions of the Board's finding of
non-compliance,
(B) publish the name of the hauler or operator and the finding of
non-compliance for a three-year period, using electronic or print media,
or
(C) other actions as the Board deems necessary.
(5) If the Board, based on its own investigation, determines that a
hauler, operator, jurisdiction, agency, or district is not complying
with the requirements of this Article, the Board may take one
of the
following actions:
(A) notify the affected jurisdictions of the Board's finding of
non-compliance,
(B) publish the name of the hauler or operator and the finding of
non-compliance for a three-year period, using electronic or print media,
or
(C) other actions as the Board deems necessary.
(6) If an agency, a public contract hauler, or an operator that is a
jurisdiction fails to comply with this Article, and that failure
prevents the Board from accurately determining the agency’s or
jurisdiction’s level of Source Reduction and Recycling Element
implementation, the Board may initiate the process to issue a compliance
order as set forth in section 41825 of the Public Resources Code.
(b) Nothing in this Article shall prevent an agency, district, or
jurisdiction from enacting ordinances or other measures to ensure that
operators and haulers comply with the requirements of this Article.
Note:
Authority:
Section 40502 and 41825 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
Section 18805. Repealed.
Section 18806. Repealed.
Section 18807. Repealed.
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