Article 9.2. Disposal Reporting System.
18812. Disposal Reporting Requirements for an Agency.
(a) Sections 18812.1 through 18812.11 establish the requirements for an
agency as follows:
| (1) |
Signage for an Agency |
Section 18812.1 |
| (2) |
Scales and Weighing Requirements
for an Agency |
Section 18812.2 |
| (3) |
Training Requirements
for an Agency |
Section 18812.3 |
| (4) |
Agency Records: Retention, Access, and Investigations |
Section 18812.4 |
| (5) |
Identifying Jurisdiction of Origin |
Section 18812.5 |
| (6) |
Frequency of Origin Surveys |
Section 18812.6 |
| (7) |
Determining Origin of Waste at a
Transformation Facility |
Section 18812.7 |
| (8) |
Applicability of Alternative Reporting Systems |
Section 18812.8 |
| (9) |
Agency Disposal Reports: Content, Timing, and
Distribution |
Section 18812.9 |
| (10) |
Disposal Reporting Due Dates
for an Agency |
Section 18812.10 |
| (11) |
Non—compliance |
Section 18812.11 |
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.1. Signage for an Agency. (Not applicable)
18812.2. Scales and Weighing Requirements for an Agency. (Not
applicable)
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.3. Training Requirements for an Agency.
(a) An agency shall provide training on the disposal reporting
system to each disposal report preparer and to other employees who must
comply with the requirements of this Article. Training for a report
preparer shall cover the content of this Article as it applies to the
report preparer's job duties.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.4. Agency Records: Retention, Access, and Investigations.
(a) An agency 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 the Board and jurisdictions pursuant to sections
18812.9(a), (c) and (d).
(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, haulers,
operators, districts, and the Board to inspect the records during normal
business hours in a single location within California. Haulers and
operators shall only be allowed to inspect records relating to their own
operations. An agency 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 agency shall make the
records promptly available for inspection. The agency 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 agency 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 agency 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 an agency 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 agency 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) An agency 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 an agency fails to comply with this section, and that failure
prevents the Board from accurately determining the agency’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.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.5. Identifying Jurisdiction of Origin.
(a) When required
by this Article:
(1) An agency 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) An agency shall identify waste imported from outside California
by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency from enacting
ordinances or other measures to ensure that operators and haulers
provide additional jurisdiction of origin information.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be
conducted continuously, each day of facility operation, for every load,
except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a
rural city or county, as defined in sections 40183 and 40184 of the
Public Resources Code, may conduct origin surveys as specified in
subsection (a) or may conduct origin surveys during the following
standard survey weeks each year: March 8 through March 14, June 8
through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to subsections [e] and [f]). During the
standard survey weeks, every load of solid waste shall be surveyed to
determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each
uncompacted load of waste with a volume of 12 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to subsections [e] and [f]). Daily origin
surveys shall be conducted for all other loads as specified in
subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has
authorized the operator to assign all waste tonnage to the region, and
the Board does not otherwise require the region to assign waste to the
individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the
facility operator to assign all waste tonnage to that city or county.
(e) If the standard origin survey weeks in subsections (b) and (c)
are not representative of disposal activity or facility operation, an
agency may request alternative survey weeks that are representative of
local conditions. During the alternative survey weeks, every load of
solid waste specified in subsections (b) and (c), shall be surveyed to
determine jurisdiction of origin. If an agency selects origin survey
weeks in addition to the standard survey weeks, the additional weeks
shall not require Board staff approval as alternative survey weeks.
Continuous origin surveys of every load of solid waste during each day
of facility operation includes and exceeds the standard survey week, and
shall not require Board staff approval as alternative survey weeks.
(f) Prior to using alternative survey weeks, the agency shall:
(1) Provide at least a 30-day notice of the proposed weeks to, and
accept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the
agency,
(B) jurisdictions that dispose of waste within the boundaries of the
agency, and
(C) Local Task Force established pursuant to section 18761 of this
Division.
(2) Submit the responses to comments received and the list of
alternative survey weeks to the Board for review and approval. Within 30
working days from receipt of this material, Board staff shall inform the
applicant, in writing, that the information provided is complete and
accepted for filing, or that the application is deficient and what
specific information is required. Board staff shall approve or
disapprove of the alternative survey weeks within 60 working days from
the date the agency submits a completed package. The agency may appeal
the Board staff determination to the Board.
(3) Notify all haulers and operators of approval by Board staff prior
to the first alternative survey week.
(g) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin
surveys more frequently or to collect additional information, based upon
its own authority to impose requirements on that operator.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.7. Determining Origin of Waste for an Agency.
(a) Nothing in this Article shall prevent an agency from requiring
an operator to collect additional information to document waste origin
from a hauler based upon its own authority to impose requirements on
that operator.
18812.8. Applicability of Alternative Reporting Systems.
(a) An agency shall comply with the system of requirements and
performance standards set forth in this Article. To implement the
performance standards, an agency may require haulers or operators to
follow procedures in addition to those set forth in this Article, if
necessary to address local conditions.
(b) An agency may set up an alternative reporting system that gathers
the required information on the amounts and origins of solid waste, and
the amounts and origins of alternative daily cover, alternative
intermediate cover, and other beneficial reuse by material type from
haulers and operators in a different manner than set forth in sections
18808.7 18808.9, 18809.7, 18809.9, 18810.7, 18810.9, 18811.7 and
18811.9. If a system collects at least the required information, during
at least the standard origin survey period set forth in section 18812.6,
and the system requires disposal information collected to be reported by
the same entities, then the system shall not be considered an
alternative system, and shall not require Board staff approval as an
alternative system. A system that meets or exceeds all of the minimum
requirements using methods specified in this Article, shall not be
considered an alternative system, and shall not require Board staff
approval as an alternative system. If an agency uses an alternative
reporting system, that system shall:
(1) Provide all the information required by this Article.
(2) Provide information as accurate as required by the system in this
Article.
(3) Provide landfill disposal information consistent with the number
of tons reported to the Board of Equalization that are subject to the
fee pursuant to section 48000 of the Public Resources Code and section
45151 of the Revenue and Taxation Code.
(4) Comply with all the provisions of sections 18804, 18808.4,
18808.5, 18808.10, 18808.11, 18809.4, 18809.5, 18809.10, 18809.11,
18810.4, 18810.5, 18810.10, 18810.11, 18811.4, 18811.5, 18811.10,
18811.11, 18812.4, 18812.5, 18812.9, 18812.10, 18812.11, 18813.4,
18813.5, 18813.9, 18813.10, 18813.11, 18814.4, 18814.5, 18814.9,
18814.10, and 18814.11 of this Article.
(c) Prior to using an alternative reporting system, the agency shall:
(1) Provide at least a 30-day notice of the proposed system to, and
accept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the
agency,
(B) jurisdictions within the boundaries of the agency,
(C) jurisdictions outside the boundaries of the agency that dispose
of waste within the boundaries of the agency, and
(D) the Local Task Force established pursuant to section 18761 of
this Division.
(2) Submit a description of how the alternative system meets the
minimum requirements and include a copy of the responses to comments
received, to the Board for review and approval. Within 30 working days
from receipt of this material, Board staff shall inform the applicant,
in writing, that the information provided is complete and accepted for
filing, or that the application is deficient and what specific
information is still required. Board staff shall approve or disapprove
of the alternative system within 60 working days from the date the
agency submits a completed package. The agency may appeal the Board
staff determination to the Board.
(3) Notify all haulers and operators of the approval by Board staff
prior to using the alternative system.
(d) If subsequent to approval of an alternative reporting system the
Board determines an agency no longer meets the criteria of this section,
the Board may rescind the approval.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.9. Agency Disposal Reports: Content, Timing, and
Distribution.
(a) An agency shall use information provided by operators of
landfills to determine quarterly totals for the amounts of solid waste
specified in this subsection.
(1) For each permitted landfill located within the agency, an agency
shall report:
(A) the facility name and Solid Waste Information System (SWIS)
number,
(B) the reporting year and quarter,
(C) the total tons of soil accepted by the landfill and used as cover
or for other on-site uses,
(D) the total tons of solid waste accepted at the landfill (excluding
soil used on-site),
(E) the total tons of solid waste used on-site, separated as follows:
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover,
and
(iii) the total tons of each type of other beneficial reuse material,
(F) the total tons of other solid waste accepted at the landfill and
sent off-site for reuse, recycling, or composting,
(G) the total tons of solid waste disposed at the landfill,
(H) either:
(i) the estimated in-place density achieved at the landfill in units
of pounds of waste per cubic yard of waste and the estimated
waste-to-cover ratio used at the landfill, or
(ii) the airspace utilization factor (tons of waste per cubic yard of
landfill airspace), and
(This information shall be included in the quarterly report so that
the Board may accurately calculate the remaining capacity of the
landfill as well as regional and statewide remaining capacity. It is not
the intent of this section to subject a landfill to a Notice of
Violation should it subsequently be determined that these estimates are
unknowingly inaccurate.)
(I) a brief summary of the methods used to determine the
jurisdictions of origin.
(2) For each permitted landfill, located within the agency, an agency
shall report the total tons of solid waste allocated to each region,
city, and unincorporated county in California and to each state,
country, and Indian country from which waste was imported. When
applicable, an agency shall also separately report the total tons of
waste that were host assigned to a jurisdiction. The agency shall
report:
(A) the tons of all solid waste accepted at each landfill (excluding
soil used as cover or for other on-site uses),
(B) the tons of solid waste reused on-site at the landfill, separated
as follows:
(i) the tons of each type of alternative daily cover used during the
quarter, and
(ii) the tons of each type alternative intermediate cover used during
the quarter, and
(C) the tons of solid waste disposed at each landfill.
(b) Prior to submitting a quarterly report to the Board, an agency
shall verify that the tons of disposal reported by a landfill equal the
tons of waste subject to the Integrated Waste Management Fee as reported
to the Board of Equalization on the landfill's fee return. If a landfill
is not required to report tons disposed to the Board of Equalization as
described in sections 18810.9(a)(2) and (3), an agency shall verify that
the tons accepted at the facility minus the tons diverted equal the tons
reported as disposal.
(c) An agency shall use information provided by operators of
transformation facilities to determine quarterly totals for the amounts
of solid waste specified in this subsection.
(1) For each permitted transformation facility located within the
agency, an agency shall report:
(A) the facility name and Solid Waste Information System (SWIS)
number,
(B) the reporting year and quarter,
(C) the total tons of all solid waste accepted at each transformation
facility,
(D) the total tons of solid waste identified for potential reuse,
separated as follows:
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover,
and
(iii) the total tons of each type of other beneficial reuse material,
(E) the total tons of solid waste sent off-site for reuse, recycling,
or composting,
(F) the total tons of solid waste that underwent transformation,
(G) the total tons of untreated ash resulting from the transformation
process, and
(H) a brief summary of the methods used to determine the
jurisdictions of origin.
(2) For each permitted transformation facility located within the
agency, an agency shall report the total tons of solid waste allocated
to each region, city, and unincorporated county in California and to
each state, country, and Indian country from which waste was imported.
The agency shall report:
(A) the total tons of all solid waste accepted at each transformation
facility,
(B) the total tons of each type of material identified for potential
reuse as:
(i) alternative daily cover, and
(ii) alternative intermediate cover, and
(C) tons of solid waste that underwent transformation at each
facility.
(d) An agency shall use information provided by public contract
haulers and station operators to determine quarterly totals for:
(1) tons exported from California from within the agency, and
(2) tons exported from California from within the agency allocated to
each region, individual city, or individual unincorporated county. For
each tonnage allocation, an agency shall identify the name of the
disposal site and the state, country, or Indian country to which the
waste was sent.
(e) An agency shall compile this information using an electronic form
developed by the Board, the agency’s own electronic form that the
Board's computer system is capable of converting, or paper forms. In
lieu of sending quarterly disposal information directly to a
jurisdiction, an agency may electronically submit the information to the
Board using a format that would allow the Board to make the information
available on its web site. An agency shall send this information to:
(1) each California jurisdiction within the agency,
(2) each California jurisdiction outside the agency that uses a
facility within the agency,
(3) any region of which the agency is a member, and
(4) the Board.
(f) If an agency does not dispose of solid waste within its
boundaries and does not export waste from California from within the
agency, the agency shall submit a quarterly report to the Board stating
that no waste was disposed within the agency or exported from California
from within the agency.
(g) Each year, an agency shall forward to the Board an annual report
on disposal reporting methods from each of the facilities within its
boundaries.
(h) An agency shall provide the required information by the due dates
in section 18812.10.
(i) If an agency receives amended disposal information from a
facility operator or a hauler, the agency shall send amended information
to the Board and affected jurisdictions according to the schedule set
forth in section 18812.10.
(j) An agency shall keep copies of the information reported pursuant
to this section and all supporting documentation used to prepare the
information pursuant to the record keeping requirements in section
18812.4. An agency shall also keep a copy of each quarterly station
notification received pursuant to section 18809.9(b).
(k) If a hauler or operator does not provide an agency with required
information, then the agency shall send written notification to the
Board regarding hauler or operator non-compliance as specified in
section 18812.11.
Note:
Authority:
Section 40502, 41781.3, and 41821.5 of the Public Resources Code.
Reference:
Section 40508, and 41821.5 of the Public Resources Code.
18812.10. Disposal Reporting Due Dates for an Agency.
(a) An agency shall send a quarterly report to the Board and
affected local governments, as set forth in section 18812.9. In lieu of
sending disposal information directly to a local government, an agency
may electronically submit the information to the Board using a format
that would allow the Board to make the information available on its web
site.
(1) An agency shall send the quarterly report by July 15 for the
first quarter, October 15 for the second quarter, January 15 for the
third quarter of the previous year, and April 15 for the fourth quarter
of the previous year.
(2) If an agency receives amended disposal information from a
facility operator or a hauler, the agency shall send the Board and each
affected jurisdiction an amended report for each affected quarter of the
previous year. In an amended report, the agency shall highlight or
otherwise identify changes from the prior version. The agency shall send
the amended report between April 15 and May 15 for the previous year. An
agency may not submit amended disposal information to the Board after
May 15 for the previous year, unless Board staff specifically request
amended information from the agency. The agency shall send amended
information to the affected jurisdictions as the information becomes
available throughout the year. An agency may send the required amended
information to jurisdictions at the time of the next quarterly reporting
due date. An agency is not required to send amended information more
frequently than once a quarter. An agency is not required to provide
amended disposal information for reporting years once the Board has
completed the biennial review cycle for those years pursuant to section
41825 of the Public Resources Code.
(b) An agency shall forward an annual report on disposal reporting
methods from each of the permitted solid waste facilities within its
boundaries to the Board. An agency shall forward the reports by April 15
for the previous year. An agency shall respond to requests for
clarification regarding jurisdiction of origin allocations as specified
in section 18812.4.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18812.11. 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.
The agency shall send written information on specific allegations of
non-compliance to the Board no later than 60 working days after
receiving information from a hauler or operator. The agency shall also
send any additional information it has regarding the allegations of
non-compliance in writing.
(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. The agency shall forward written information on specific
allegations of non-compliance to the Board no later than 60 working days
after receiving information from a hauler or operator.
(c) An agency shall inform the Board if a hauler or operator fails to
comply with this Article by not providing the agency with information
required for the preparation of quarterly disposal reports. The agency
shall send written information on specific allegations of non-compliance
to the Board by July 15 for the first quarter, October 15 for the second
quarter, January 15 for the third quarter of the previous year, and
April 15 for the fourth quarter of the previous year.
(d) Allegations of non-compliance shall be handled in accordance with
the process set forth in section 18804.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813. Disposal Reporting Requirements for a Jurisdiction.
(a) Sections 18813.1 through 18813.11 establish the requirements for a
jurisdiction as follows:
| (1) |
Signage for a Jurisdiction |
Section 18813.1 |
| (2) |
Scales and Weighing Requirements
for a Jurisdiction |
Section 18813.2 |
| (3) |
Training Requirements
for a Jurisdiction |
Section 18813.3 |
| (4) |
Jurisdiction Records: Retention, Access, and
Investigations |
Section 18813.4 |
| (5) |
Identifying Jurisdiction of Origin |
Section 18813.5 |
| (6) |
Frequency of Origin Surveys |
Section 18813.6 |
| (7) |
Determining Origin of Waste for a Jurisdiction |
Section 18813.7 |
| (8) |
Applicability of Alternative Reporting Systems |
Section 18813.8 |
| (9) |
Jurisdiction Disposal Reports: Content, Timing, and
Distribution |
Section 18813.9 |
| (10) |
Disposal Reporting Due Date Information |
Section 18813.10 |
| (11) |
Non—compliance |
Section 18813.11 |
(b) If a jurisdiction operates as a waste hauler, the jurisdiction
shall also meet the hauler requirements specified in sections 18808.1
through 18808.11.
(c) If a jurisdiction operates as a station operator, the
jurisdiction shall also meet the station requirements specified in
sections 18809.1 through 18809.11.
(d) If a jurisdiction operates as a landfill operator, the
jurisdiction shall also meet the landfill requirements specified in
sections 18810.1 through 18810.11.
(e) If a jurisdiction operates as a transformation facility operator,
the jurisdiction shall also meet the transformation facility
requirements specified in sections 18811.1 through 18811.11.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.1. Signage for a Jurisdiction. (Not applicable)
18813.2. Scales and Weighing Requirements for a Jurisdiction.
(Not applicable)
18813.3. Training Requirements for a Jurisdiction.
(a) A jurisdiction shall provide training on the disposal reporting
system to each report preparer and to other employees who must comply
with the requirements of this Article. Training for a report preparer
shall cover the content of this Article as it applies to the report
preparer's job duties.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.4. Jurisdiction Records: Retention, Access, and
Investigations.
(a) If a jurisdiction operates as a hauler, then the jurisdiction
shall prepare and retain disposal reporting records and allow affected
entities access to the records as set forth in section 18808.4.
(b) If a jurisdiction operates as a station operator, then the
jurisdiction shall prepare and retain disposal reporting records and
allow affected entities access to the records as set forth in section
18809.4.
(c) If a jurisdiction operates as a landfill operator, then the
jurisdiction shall prepare and retain disposal reporting records and
allow affected entities access to the records as set forth in section
18810.4.
(d) If a jurisdiction operates as a transformation facility operator,
then the jurisdiction shall prepare and retain disposal reporting
records and allow affected entities access to the records as set forth
in section 18811.4.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) A jurisdiction that operates as a hauler or operator 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, a jurisdiction that operates
as a hauler or 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 jurisdiction that operates as a hauler or operator shall
identify waste imported from outside California by specifying the state,
country, or Indian country of origin.
(b) Nothing in this Article shall prevent a jurisdiction from
enacting ordinances or other measures to ensure that operators and
haulers provide accurate jurisdiction of origin information.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be
conducted continuously, each day of facility operation, for every load,
except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a
rural city or county, as defined in sections 40183 and 40184 of the
Public Resources Code, may conduct origin surveys as specified in
subsection (a) or may conduct origin surveys during the following
standard survey weeks each year: March 8 through March 14, June 8
through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to sections 18812.6[e] and [f]). During the
standard survey weeks, every load of solid waste shall be surveyed to
determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each
uncompacted load of waste with a volume of 12 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin
surveys shall be conducted for all other loads as specified in
subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has
authorized the operator to assign all waste tonnage to the region, and
the Board does not otherwise require the region to assign waste to the
individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the
facility operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin
surveys more frequently or to collect additional information, based upon
its own authority to impose requirements on that operator.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.7. Determining Origin of Waste for a Jurisdiction. (Not
applicable)
18813.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a
jurisdiction must comply as set forth in section 18812.8.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.9. Jurisdiction Disposal Reports: Content, Timing, and
Distribution.
(a) A jurisdiction shall use the information provided by agencies
and districts pursuant to this Article to determine the tons of solid
waste disposed from January 1 to December 31 in each year. A
jurisdiction shall use this disposal amount for the purposes of
measuring achievement of the 50% goal. This amount shall be the sum of
solid waste from the jurisdiction, including:
(1) the tons disposed at each permitted landfill,
(2) the tons that underwent transformation at a permitted solid waste
facility in excess of 10% of a jurisdiction's adjusted base-year
generation as calculated in section 18797.3, and pursuant to section
41783 of the Public Resources Code,
(3) potential alternative daily cover, alternative intermediate
cover, and other beneficial reuse material which is not used in
accordance with the conditions set forth in sections 20690, 20700, and
20685 of Title 27 of the California Code of Regulations, unless it is
otherwise diverted, and
(4) the tons exported from California, minus any portion of the waste
that the jurisdiction proves was diverted.
(b) In its annual report to the Board pursuant to section 41821(f) of
the Public Resources Code, a jurisdiction shall report the amounts
determined pursuant to this section.
(c) In its annual report to the Board, a jurisdiction may also
provide additional information related to the tons of waste disposed in
California, including "host assigned" waste, or exported from California
for disposal. If the jurisdiction provides additional information, the
annual report shall describe how it was obtained.
(d) If a jurisdiction operates as a hauler, the jurisdiction shall
also meet the reporting requirements specified in section 18808.9.
(e) If a jurisdiction operates as a station operator, the
jurisdiction shall also meet the reporting requirements specified in
section 18809.9.
(f) If a jurisdiction operates as a landfill operator, the
jurisdiction shall also meet the reporting requirements specified in
section 18810.9.
(g) If a jurisdiction operates as a transformation facility operator,
the jurisdiction shall also meet the reporting requirements specified in
section 18811.9.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.10. Disposal Reporting Due Date Information.
(a) An agency is required to send a quarterly report to each
affected jurisdiction, as set forth in section 18812.9. Haulers,
operators, and districts are required to provide quarterly disposal
information as set forth in sections 18808.9, 18809.9, 18810.9, 18811.9,
and 18814.9. Disposal information is due according to the following
tables:
Table 1: Due Dates for Information to Facilities
|
Quarter |
Information Due from Haulers to Facilities |
Information Due from Stations to Other Stations |
Information Due from Stations to Landfills and Transformation
Facilities |
Reports Due from Districts to Facilities |
First:
Jan. 1–Mar. 31 |
Apr. 15 |
Apr. 30 |
May 15
|
See section 18814.10 |
Second:
Apr. 1–Jun. 30 |
Jul. 15 |
Jul. 31 |
Aug. 15 |
See section 18814.10 |
Third:
Jul. 1–Sep. 30 |
Oct. 15 |
Oct. 31 |
Nov. 15 |
See section 18814.10 |
Fourth:
Oct. 1–Dec. 31 |
Jan. 15 |
Jan. 31 |
Feb. 15 |
See section 18814.10
|
Table 2: Reports to Agencies, the Board, and
Jurisdictions
|
Quarter |
Notifications Due from Stations to Agencies* |
Reports Due from Landfills and Transformation Facilities to
Agencies* |
Export Reports Due from Haulers and Stations* |
Reports Due from Districts to Agencies* |
Reports Due from Agencies to the Board and Jurisdictions |
First:
Jan. 1–Mar. 31 |
Jun. 15 |
Jun. 15 |
Jun. 15 |
Jun. 15 |
Jul. 15 |
Second:
Apr. 1–Jun. 30 |
Sep. 15 |
Sep. 15 |
Sep. 15 |
Sep. 15 |
Oct. 15 |
Third:
Jul. 1–Sep. 30 |
Dec. 15 |
Dec. 15 |
Dec. 15 |
Dec. 15 |
Jan. 15 |
Fourth:
Oct. 1–Dec. 31 |
Mar. 15** |
Mar. 15** |
Mar. 15 |
Mar. 15
|
Apr. 15 * |
*Upon request, reports
may be sent to jurisdictions or made available to jurisdictions using
the Board’s electronic filing.
**Station, landfill, and transformation facility operators also submit
annual reports on facility methods to agencies on this date.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18813.11. Non-compliance.
(a) A hauler or operator that is a jurisdiction shall inform the
agency if a hauler or operator fails to comply with this Article by not
providing the hauler or operator with information required for the
preparation of quarterly disposal reports. The hauler or operator shall
send information on specific allegations of non-compliance, in writing,
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 that is a jurisdiction 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 jurisdiction may inform the Board if an agency fails to comply
with this Article. A jurisdiction 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.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.5 of the Public Resources Code.
18814. Disposal Reporting Requirements for a District.
(a) Sections 18814.1 through 18814.11 establish the requirements for
a district as follows.
| (1) |
Signage for a District |
Section 18814.1 |
| (2) |
Scales and Weighing Requirements
for a District |
Section 18814.2 |
| (3) |
Training Requirements
for a District |
Section 18814.3 |
| (4) |
District Records: Retention, Access, and Investigations |
Section 18814.4 |
| (5) |
Identifying Jurisdiction of Origin |
Section 18814.5 |
| (6) |
Frequency of Origin Surveys |
Section 18814.6 |
| (7) |
Determining Origin of Waste for a Jurisdiction |
Section 18814.7 |
| (8) |
Applicability of Alternative Reporting Systems |
Section 18814.8 |
| (9) |
District Disposal Reports: Content, Timing, and
Distribution |
Section 18814.9 |
| (10) |
Disposal Reporting Due Dates for a District |
Section 18814.10 |
| (11) |
Non—compliance |
Section 18814.11 |
(b) If a district operates as a waste hauler, the district shall also
meet the hauler requirements specified in sections 18808.1 through
18808.11.
(c) If a district operates as a station operator, the district shall
also meet the station requirements specified in sections 18809.1 through
18809.11.
(d) If a district operates as a landfill operator, the district shall
also meet the landfill requirements specified in sections 18810.1
through 18810.11.
(e) If a district operates as a transformation facility operator, the
district shall also meet the transformation facility requirements
specified in sections 18811.1 through 18811.11.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.1. Signage for a District.
(a) If a district operates as a station operator, the district may
also meet the provisions specified in section 18809.1.
(b) If a district operates as a landfill operator, the district may
also meet the provisions specified in section 18810.1.
(c) If a district operates as a transformation facility operator, the
district may also meet the provisions specified in section 18811.1.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.2. Scales and Weighing Requirements for a District.
(a) If a district operates as a station operator, the district shall
also meet the requirements specified in section 18809.2.
(b) If a district operates as a landfill operator, the district shall
also meet the requirements specified in section 18810.2.
(c) If a district operates as a transformation facility operator, the
district shall also meet the requirements specified in section 18811.2.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.3. Training Requirements for a District
(a) If a district operates as a
waste hauler, the district shall also meet the hauler training
requirements specified in section 18808.3.
(b) If a district operates as a station operator, the district shall
also meet the station training requirements specified in section
18809.3.
(c) If a district operates as a landfill operator, the district shall
also meet the landfill training requirements specified in section
18810.3.
(d) If a district operates as a transformation facility operator, the
district shall also meet the transformation facility training
requirements specified in section 18811.3.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.4. District Records: Retention, Access, and Investigations.
(a) If a district operates as a hauler, the district shall prepare
and retain disposal reporting records and allow affected entities access
to the records as set forth in section 18808.4.
(b) If a district operates as a station operator, the district shall
prepare and retain disposal reporting records and allow affected
entities access to the records as set forth in section 18809.4.
(c) If a district operates as a landfill operator, the district shall
prepare and retain disposal reporting records and allow affected
entities access to the records as set forth in section 18810.4.
(d) If a district operates as a transformation facility operator, the
district shall prepare and retain disposal reporting records and allow
affected entities access to the records as set forth in section 18811.4.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.5. Identifying Jurisdiction of Origin.
(a) If a district operates as hauler, the district shall identify a
jurisdiction of origin as set forth in section 18808.5.
(b) If a district operates as station operator, the district shall
identify a jurisdiction of origin as set forth in section 18809.5.
(c) If a district operates as landfill operator, the district shall
identify a jurisdiction of origin as set forth in section 18810.5.
(d) If a district operates as transformation facility operator, the
district shall identify a jurisdiction of origin as set forth in section
18811.5.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be
conducted continuously, each day of facility operation, for every load,
except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a
rural city or county, as defined in sections 40183 and 40184 of the
Public Resources Code, may conduct origin surveys as specified in
subsection (a) or may conduct origin surveys during the following
standard survey weeks each year: March 8 through March 14, June 8
through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to sections 18812.6[e] and [f]). During the
standard survey weeks, every load of solid waste shall be surveyed to
determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each
uncompacted load of waste with a volume of 12 cubic yards or less may be
conducted as specified in subsection (a) or may be conducted during the
following standard survey weeks each year: March 8 through March 14,
June 8 through June 14, September 8 through September 14, and December 8
through December 14 (unless an agency has received Board approval to use
alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin
surveys shall be conducted for all other loads as specified in
subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has
authorized the operator to assign all waste tonnage to the region, and
the Board does not otherwise require the region to assign waste to the
individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the
facility operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting
additional information as part of its operation. Nothing in this Article
shall prevent an agency from requiring an operator to conduct origin
surveys more frequently or to collect additional information, based upon
its own authority to impose requirements on that operator.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.7. Determining Origin of Waste for a District.
(a) If a district operates as a waste hauler, the district shall
also meet the requirements specified in section 18808.7.
(b) If a district operates as a station operator, the district shall
also meet the requirements specified in section 18809.7.
(c) If a district operates as a landfill operator, the district shall
also meet the requirements specified in section 18810.7.
(d) If a district operates as a transformation facility operator, the
district shall also meet the requirements specified in section 18811.7.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a
district must comply as set forth in section 18812.8.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.9. District Disposal Reports: Content, Timing, and
Distribution.
(a) If a district operates as a waste hauler, the district shall
also meet the reporting requirements specified in section 18808.9.
(b) If a district operates as a station operator, the district shall
also meet the reporting requirements specified in section 18809.9.
(c) If a district operates as a landfill operator, the district shall
also meet the reporting requirements specified in section 18810.9.
(d) If a district operates as a transformation facility operator, the
district shall also meet the reporting requirements specified in section
18811.9.
Note:
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.10. Disposal Reporting Due Dates for a District.
(a) If a district operates as a waste hauler, the district shall
submit disposal reports according to the due dates set forth in section
18808.10.
(b) If a district operates as a station operator, the district shall
submit disposal reports according to the due dates set forth in section
18809.10.
(c) If a district operates as a landfill operator, the district shall
submit disposal reports according to the due dates set forth in section
18810.10.
(d) If a district operates as a transformation facility operator, the
district shall submit disposal reports according to the due dates set
forth in section 18811.10.
Note :
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
18814.11. Non-compliance.
(a) A district that operates as a waste hauler or facility operator
shall inform the agency if a hauler or operator fails to comply with
this Article by not providing the district with information required for
the preparation of quarterly disposal reports. The district 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 district that operates as a waste hauler or operator may inform
the agency of other non-compliance issues concerning a hauler or
operator. The district shall send written information on specific
allegations to the agency.
(c) A district that operates as a waste hauler or operator may inform
the Board if an agency fails to comply with this Article. A district
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.
Note :
Authority:
Section 40502 of the Public Resources Code.
Reference:
Section 41821.2 and 41821.5 of the Public Resources Code.
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