Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Section 18808. Disposal Reporting Requirements for a Hauler.
(a) Sections 18808.1 through 18808.11 establish the requirements for a hauler as follows:

(1)	Signage for a Hauler	Section 18808.1
(2)	Scales and Weighing Requirements for a Hauler	Section 18808.2
(3)	Training Requirements for a Hauler	Section 18808.3
(4)	Hauler Records: Retention, Access, and Investigations	Section 18808.4
(5)	Identifying Jurisdiction of Origin	Section 18808.5
(6)	Frequency of Origin Surveys	Section 18808.6
(7)	Determining Origin of Waste for a Hauler	Section 18808.7
(8)	Applicability of Alternative Reporting Systems	Section 18808.8
(9)	Public Contract Hauler Export Reports: Content, Timing, and Distribution	Section 18808.9
(10)	Export Reporting Due Dates for a Public Contract Hauler	Section 18808.10
(11)	Non—compliance	Section 18808.11

Section 18808.1. Signage for a Hauler. (Not applicable)

Section 18808.2. Scales and Weighing Requirements for a Hauler. (Not applicable)

Section 18808.3 Training Requirements for a Public Contract Hauler.
(a) A public contract hauler shall provide training on the disposal reporting system to each vehicle driver, dispatcher, and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a vehicle driver, dispatcher, and report preparer shall cover the content of this Article as it applies to the employees’ job duties.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.4. Hauler Records: Retention, Access, and Investigations.
(a) A hauler shall prepare disposal reporting records and shall:

(1) Include all information, methods, and calculations required by this Article.

(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to facilities and agencies pursuant to sections 18808.7 and 18808.9(a), respectively.

(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board.

(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies.

(5) Allow representatives of involved jurisdictions, the agency, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Operators shall only be allowed to inspect records relating to their own operations. A hauler is not required to provide records of a jurisdiction’s disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code.

(A) Upon a request to review records, the hauler shall make the records promptly available for inspection. The hauler shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor.

(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the hauler shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The hauler may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate.

(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the hauler shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected.

(b) A hauler shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing.

(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information.

(d) If a public contract hauler that is a jurisdiction fails to comply with this section, and that failure prevents the Board from accurately determining the 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.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:

(1) A hauler shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region.

(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board.

(3) A hauler shall identify solid waste imported from outside California by specifying the state, country, or Indian country of origin.

(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.6. Frequency of Origin Surveys.
(a) Haulers shall provide jurisdiction of origin information to facility operators during the origin survey period set forth in sections 18809.6, 18810.6, and 18811.6.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.7. Determining Origin of Waste for a Hauler.
(a) All haulers who are not public contract haulers shall determine the origin of solid waste during the origin survey period required in section 18808.6:

(1) If solid waste in a load is from only one jurisdiction, a hauler shall assign all the waste in that load to that jurisdiction.

(2) If solid waste in a load is from more than one jurisdiction, a hauler shall estimate the tons or percentage of waste from each based on a reasonable method.

(3) A hauler who delivers solid waste to a facility within California shall inform the operator of the jurisdiction(s) of origin. The hauler shall provide this information on jurisdiction of origin to the operator at the time of disposal, unless prior arrangements are made with the receiving operator. In all cases the information shall be provided no later than two weeks after the end of the quarter.

(4) When requested by a receiving operator, a hauler shall inform a receiving operator of the jurisdiction of origin for all material in each load delivered during the entire quarter identified by the receiving operator as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material based on actual load tonnage. A hauler shall also inform a receiving operator of the type or types of material being supplied.

(b) All public contract haulers shall determine the origin of solid waste during the origin survey period required in section 18808.6 as follows:

(1) If solid waste in a load is from only one jurisdiction, a public contract hauler shall assign all the waste in that load to that jurisdiction.

(2) If solid waste in a load is from more than one jurisdiction, a public contract hauler shall estimate the tons or percentage of waste from each based on a reasonable method which may include adjustments for documented waste density differences, if applicable. The methods that a public contract hauler may use to make this estimate include, but are not limited to:

(A) the number of bins emptied in each jurisdiction,

(B) the total capacity of bins emptied in each jurisdiction, or

(C) the actual waste tons collected in each jurisdiction.

(3) A public contract hauler who delivers solid waste to a facility within California shall provide jurisdiction of origin information to each operator based on company dispatcher records of hauling routes and generator locations, billing records, or other relevant records. The method a public contract hauler uses to provide jurisdiction of origin information shall be reasonably designed to provide the required information in an accurate manner and in a format that is useable by the operator. The methods that a hauler may use to provide this information are:

(A) Send the jurisdiction(s) of origin information for each load electronically.

(B) For solid waste sent directly to a landfill or transformation facility, provide the information using a multi-part ticket system in which the dispatcher gives the vehicle driver a ticket with the estimated percentage of waste from each jurisdiction in the vehicle driver's route. The dispatcher may use a bar code with origin information on the ticket. The vehicle driver gives the receiving operator a portion of the ticket with origin percentage information and keeps a portion of the ticket for the public contract hauler's records.

(C) Provide the information using an alternative method that meets the requirements of this section.

(4) The public contract hauler shall provide this information on jurisdiction of origin to the operator at the time of disposal, unless prior arrangements are made with the receiving operator. In all cases the information shall be provided no later than two weeks after the end of the quarter.

(5) When requested by a receiving operator, a public contract hauler shall inform a receiving operator of the jurisdiction of origin for all material in each load delivered during the entire quarter that the receiving operator identifies as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material. The jurisdiction of origin information shall be based on actual daily tonnage. A public contract hauler shall also inform a receiving operator of the type or types of material being supplied.

(6) When requested by a receiving operator, a public contract hauler shall identify each segregated load of C&D debris/inert debris delivered during the entire quarter. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage.

(7) When requested by a receiving operator, a public contract hauler shall identify each segregated load of designated waste delivered during the entire quarter. The public contract hauler shall inform a receiving operator of the type or types of material being supplied. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage.

(8) When requested by a receiving operator, a public contract hauler shall identify each segregated load of disaster waste delivered during the entire quarter. The public contract hauler shall also provide the jurisdiction of origin for each load, based on actual daily tonnage.

(9) Pursuant to section 18808.4(a)(2), a public contract hauler shall keep documentation for verification of jurisdiction of origin allocations for each quarter. Upon request, a public contract hauler shall provide an agency with a summary of quarterly jurisdiction allocations.

Authority:
Section 40502, 41781.3, 41821.5, and 43020, of the Public Resources Code.

Reference:
Section 40508, 41821.5 and 43020 of the Public Resources Code.

Section 18808.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a hauler must comply as set forth in section 18812.8.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.9. Public Contract Hauler Export Reports: Content, Timing, and Distribution.
(a) For the entire quarter, a public contract hauler who exports solid waste from California shall provide the agency in which the waste originated with the total tons of solid waste exported from each jurisdiction of origin during the quarter. For each jurisdiction allocation, a public contract hauler shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent. A public contract hauler shall provide this information by the due dates in section 18808.10.

(b) Upon request by a jurisdiction, a public contract hauler shall provide the jurisdiction with a quarterly report of the tons exported from the jurisdiction by the due dates in section 18808.10. In lieu of sending quarterly information directly to a jurisdiction, a hauler may electronically submit quarterly disposal information to the Board using a format that would allow the Board to make the information available on its web site.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.10. Export Reporting Due Dates for a Public Contract Hauler.
(a) When required by this Article, a public contract hauler shall send a quarterly export report, on the amounts of solid waste exported from California, to each agency in which the exported waste originated. If requested by a jurisdiction, the public contract hauler shall also send a quarterly export report to the jurisdiction as set forth in section 18808.9(b). A public contract hauler shall send the report by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. A public contract hauler shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18808.4.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18808.11. Non-compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year.

(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency.

(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board.

(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.