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On September 21, 2005 the Office of Administrative Law (OAL) approved
the regulations and filed them with the Secretary of State. The
regulations become effective January 1, 2006. The Final Text of
the approved regulations is found under
Rulemaking Documents below. For Summary Charts Showing
Proposed Disposal Reporting System Changes, see
Additional Documents below.
Description
Revision of existing Disposal Reporting System and Adjustment Method
regulations based on Board recommendations in the report to the
Legislature entitled A
Comprehensive Analysis of the Integrated Waste Management Act Diversion
Rate Measurement System.
Existing Regulations That
Are
Affected
-
Title 14, California
Code of Regulations, Division 7, Chapter 9, Article 9.1
- Title 14, California Code
of Regulations, Division 7, Chapter 9, Article 9.2
- Title 27,
California Code of Regulations, Chapter 3, Subchapter 4, Article 1,
Section 20510
On This Page
Affected Regs | Rulemaking History | Stakeholder Input |
Rulemaking Documents |
Additional Documents |
For More Info
An overview of draft regulations was presented at the November
7, 2002, Diversion, Planning and Local Assistance Committee meeting
(Committee Item C) as an informational item.
Notification of these proposed regulations was sent to stakeholders
in mid-November, thus beginning the informal rulemaking process. Public
workshops were held in Sacramento and Diamond Bar in early December
2002. Written comments on the first informal draft regulations were due
January 3, 2003.
An overview of comments received at the December 2002 public workshops
was presented at the January
8, 2003, Diversion, Planning and Local Assistance Committee meeting
(Committee Item D) as an informational item.
In March 2003, Board staff conducted two sessions of focused
workshops on subtopics within the scope of this regulations package.
(See "Stakeholder Input" below.)
In June 2003, notification of the proposed second informal draft
regulations was sent to stakeholders. Staff conducted two public
workshops on this version of proposed regulations on June 24 and 26,
2003. (See Stakeholder Input below.)
Written comments on the second informal draft Disposal Reporting System
regulations were due July 18, 2003.
On November 4, 2003, the Sustainability and Market Development
Committee gave approval to formally notice the revised Disposal Reporting System and Adjustment Method
regulations with a minor change to the text. Board Agenda Item 26
(Committee Item M) attachments, including regulations text, and a
presentation are available on the
Board's Agenda web page.
Proposed Regulations: California Integrated
Waste Management Board The first formal 45–day public comment period ran from September 3
through October 18, 2004. The notice of proposed rulemaking concerning
the Disposal Reporting System and Adjustment Method was published in the
California Regulatory Notice Register (September 3, 2004 publication
date). The comment period closed at 5:00 P.M. on October 18, 2004 (See
Notice of Proposed Rulemaking for the details of the public hearing).
A public hearing was held on October 18, 2004 and the first formal
45-day public comment period ended on the same day. Board staff noted
oral comments heard at the public hearing and accepted written comments
received during the comment period. At the public hearing, four speakers
requested an additional 45 days for further review and comment on the
proposed Disposal Reporting System regulations. In addition, Board staff
identified some minor corrections to incorporate into the proposed
revised regulations.
An agenda item was presented to the Sustainability and Market
Development Committee on November 3, 2004 to discuss and request
direction on an additional 45-day comment period for the revised
Adjustment Method and Disposal Reporting System regulations. A few
stakeholders expressed their concerns about the revised regulations at
the meeting. There were requests to include additional language into the
revised Disposal Reporting System regulations and have the comment
period end on January 15, 2005 or later since the additional 45-day
comment period might otherwise end during the holidays. The Sustainability and
Market Development Committee directed staff to include the additional
language in the revised Disposal Reporting System regulations and extend
the additional 45-day comment period to mid-January. Board Agenda Item 7
(Committee Item F) attachments, including regulations text, and a
presentation are available on the
Board's Agenda web page.
A second 45-day comment period on proposed revised regulations ended
on January 18, 2005.
Issues identified by stakeholders during the first and second 45-day
comment periods were discussed at a workshop held as part of the
Sustainability and Market Development Committee meeting on April 12,
2005. See "Stakeholder Input" section for more information, including
the workshop notice and issue paper used during the workshop. Written
comments on issues identified in the workshop issue paper were also
accepted through April 15, 2005.
At the May 11, 2005 Board meeting, the Board gave staff direction
to formally notice revised regulations for a 15-day comment period (See
Rulemaking Documents). The
comment period ran from May 16, 2005 June 1, 2005. By State law
the Board was only required to respond to comments related to the
changes made to the regulations for the 15-day comment period (italicized
text). However, the Board directed staff to also consider further
comments on origin survey frequency (see sections 18809.6 18810.6,
18811.6, 18812.6, 18813.6 18814.6).
At its June 14, 2005 meeting the Board adopted the proposed revised
regulations and the associated Negative Declaration (See
Agenda Item 25 of the June 14-15, 2005 Board meeting agenda). On
August 12, 2005, Board staff submitted the final rulemaking file to the
Office of Administrative Law for a 30-day working day review.
On September 21, 2005 the Office of Administrative Law (OAL) approved
the regulations and filed them with the Secretary of State. The
regulations become effective January 1, 2006.
Notice of April 12, 2005 Public Workshop,
(MS Word, 154 KB). An informal public workshop was held on April 12, 2005
during the regular meeting of the
Sustainability and Market Development Committee to allow interested
stakeholders to comment on issues raised during the first 45-day comment
periods. The workshop was broadcast live and stakeholders unable
to attend the meeting were given the chance to submit questions or respond to comments
via e-mail.
Issue Paper for April 12, 2005 Public
Workshop, (MS Word, 124 KB). This document contains stakeholder
issues identified during the formal public comment periods. The paper
was used to facilitate discussion of regulation revisions at the
informal April 12, 2005 workshop.
Summary of Stakeholder Comments and Board Staff
Responses. (MS Word, 87 KB). This document contains a table
summarizing comments received during the first 45–day comment period and
staff's responses to the comments. See Summary and Response to Comments
under Rulemaking Documents for responses to all
comments received during the formal rulemaking process.
Summary of Stakeholder Comments
and Board Staff Responses, (MS Word, 207 KB). This document contains a
table summarizing comments received on the 2nd Informal Draft Revised
Disposal Reporting System Regulations (June 16, 2003 version and staff's
responses to the comments).
Summary of Stakeholder
Comments and Board Staff Responses, (MS Word, 443 KB). This document
contains a table summarizing comments received prior to June 2003 on the
Informal Draft Revised Disposal Reporting System Regulations (November 20,
2002 version) and staff's responses to the comments.
Notice of Public Workshops, May,
2003 (MS Word 139KB). Announcement of two June 2003 workshops
for the purpose of soliciting comments on the second draft of proposed
Disposal Reporting System regulations.
Regulations Overview
Presentation, (Power Point, 148 KB). Staff used this presentation at
the June 2003 workshops to highlight significant changes made to the
proposed revised regulations.
Riverside Origin Survey Form
Case Study Presentation, (Power Point, 44 KB). At the June 2003
workshops, staff presented the results of a case study conducted at two
landfills in Riverside County in which commercial self—haul customers were
asked to complete origin survey forms.
Notice of Additional
Focused Workshops on the Disposal Reporting System Regulations,
February 2003 (MSWord 2003, 144 KB).
Announcement of two sessions of public workshops held in March
2003. The purpose of these workshops was to get additional input on
specific sub-topics within the scope of the proposed first informal
draft Disposal Reporting System regulations (November 20, 2002
version).
Presentation
for Session I Workshops February 2003 (PowerPoint, 161 KB). Staff used this
presentation to facilitate discussions at the workshops on March 3 and
5, 2003.
Presentation for Session II Workshops
March 2003 (Power Point, 67 KB), on Transfer Station Issues. Staff used this
presentation to facilitate discussions at the focused workshops on
March 24 and 25, 2003.
Notice of Public Workshops, November
19, 2002 (MS Word, 138 KB): Announcement of two December workshops for
the purpose of soliciting comments on the proposed regulations. The
deadline for submitting written comments on the first informal draft
regulations was extended to January 3, 2003.
Final Text (Approved). September 2005 (MS Word, 508 KB). Text of
revised Disposal Reporting System and Adjustment Method regulations approved
by OAL on September 21, 2005 and effective January 1, 2006. This version
shows only the approved text that will go into effect on January 1, 2006.
Final Text (Approve with changes marked), September 2005 (MS Word,
556 KB). Text of revised Disposal Reporting System and Adjustment Method
regulations approved by OAL on September 21, 2005 and effective January 1,
2006. This version shows regulatory revisions in underline (additions) and
strikeout (deletions).
Final Statement of Reasons, August 2005 (MS Word, 865 KB). Updated
Statement of Reasons explaining the purpose and intent of the regulations.
Update Informative Digest, August 2005 (MS word, 156, KB). Updated
summary of the preceding laws and regulations relating to the regulations
and the effect of the regulations.
Summary and Response to Comments (Sorted by comment number), August
2005 (MS Word (MS Word, 373 KB). Table summarizing comments received on the
formal regulations and the Board's responses to the comments, sorted by
assigned comment numbers.
Summary and Response to Comments (Sorted by regulations section),
August 2005 (MS Word, 359KB). Table summarizing comments received on the
formal regulations and the Board's responses to the comments, sorted by the
sections or areas of the regulations that the comments address.
Notice of 15-Day Comment Period, May
2005 (MS Word 143 KB). Notice of additional changes to proposed
revised Adjustment Method and Disposal Reporting System regulation.
Proposed Text, 15-Day Comment Version,
May 2005 (MS Word 661 KB). Proposed regulatory text for a 15-day public
comment period, May 16, 2005 through June 1, 2005). Text proposed for the
15-day comment period is shown in italics and strikeout.
Notice of Additional 45–Day
Comment Period, November 2004 (MS Word, 143 KB). Notice of changes
to proposed revised Adjustment Method and Disposal Reporting System
regulations.
Proposed Text, Additional 45-Day
Comment Version, November 2004 (MS Word, 522 KB). Proposed regulatory text for additional 45-day
public comment period (November 18, 2004 through January 18, 2005).
Notice of Proposed
Rulemaking, August 2004 (MS
Word, 156 KB). California Regulatory Notice Register publication date:
September 3, 2004. References the proceedings, statutory authority,
and informative digest describing existing laws, any mandates, and the
effect of the proposed action on small business.
Proposed Text, 45–Day
Comment Version, September
2004 (MS Word, 412 KB). Proposed regulatory text for 45–day public comment
period (September 3 through October 18, 2004).
Initial Statement of Reasons—Adjustment
Method, September 2004 (MS
Word, 56 KB). A statement of the specific purpose and rationale for the
determination that this regulation is necessary to carry out the purpose for
which it is proposed. Alternatives considered and technical documents relied
upon are also discussed within this statement of reasons.
Initial Statement of Reasons—Disposal
Reporting System, September
2004 (MS Word, 541 KB).
2nd Informal Draft Text, June 16, 2003, Workshop Version,
(MS Word, 469 KB). Second draft of proposed regulatory text for public
review and comment. In this version, proposed deletions of current regulatory text
are shown in strikeout and proposed new regulatory text is underlined.
2nd Informal Draft Text, June 16, 2003, Alternative
Version, (MS Word, 538 KB). In this alternate version of second informal
regulatory text, deletions proposed to the first informal draft regulations
(November 20, 2002 version) are shown in double underline and strikeout and
new proposed text is show in double underline.
1st
Informal Draft Text, November 20, 2002, (MS Word, 478 KB), Proposed
regulatory text for public review and comment period.
Informal Draft Statement of Reasons,
November 20, 2002 (MS Word, 233 KB). This document provides background
information and rationale for proposed changes to the existing regulations.
This document accompanies the 1st Informal Draft Text (November 20, 2002
version).
Flowchart
Showing Who Reports in the
Disposal Reporting System,November 2003 (MS Word, 75 KB). This
document contains a flowchart of parties involved in disposal reporting
under the current and proposed regulations.
Summary Charts Showing
Approved Disposal Reporting System Changes, September 2005 (MS Word,
2.81 MB).
Summary charts reflect revisions found in regulations.
Notice of Intent to
Adopt a Negative Declaration Pursuant to the California Environmental
Quality Act. (Adobe Acrobat. PDF, 231 KB). Document notifying
interested parties about the availability of the Negative Declaration and
Initial Study prepared for this rulemaking package. The public review period
for the Negative Declaration began on September 29, 2004 and ended on
October 28, 2004.
Negative Declaration,
September 2004 (Adobe Acrobat. PDF, 231 KB). Negative Declaration for the Adoption and
Implementation of Revised Adjustment Method and Disposal Reporting
System Regulations prepared pursuant to the California Environmental
Quality Act.
The following Initial Study, Initial
Study/Environmental Checklist, and Initial Study Checklist
Explanations (Attachment 1) comprise the Initial
Study for this rulemaking as required pursuant to the California
Environmental Quality Act.
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