State California Regulations TITLE 14. NATURAL RESOURCES DIVISION 7. CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD database is current through 09/29/06, Register 2006, No. 39 s 17000. Waiver of Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17001. Purpose and Limitations of Waiver. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17002. Reporting Requirement. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17003. Effect on Other Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17004. Diversion Requirements. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17005. LEA Report to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17006. Executive Director's Duties and Powers Relative to the Waiver. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17008. Waiver of Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17009. Purpose and Limitations of Waiver. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17010. Reporting Requirement. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17011. Effect on Other Standards, Ordinances, Regulations and Laws. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17012. Diversion Requirements. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17013. LEA Report to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17014. Executive Director's Duties and Powers Relative to the Waiver. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17015. LEA Report to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17016. Executive Director's Duties and Powers Relative to the Waiver. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 43020 and 43021, Public Resources Code. s 17020. Definitions. As used in these regulations: (a) "Architectural, engineering, environmental, land surveying services," and "construction project management" have the respective meanings set forth in Section 4525 of the Government Code. (b) "Board" means the California Integrated Waste Management Board or the Board's designee authorized to contract for architectural, engineering, environmental, land surveying and construction project management services on behalf of the board. (c) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture, engineering, environmental services, land surveying, or construction project management. (d) "M/WBE" means Minority Business Enterprise and/or Women Business Enterprise. (e) "DVBE" means Disabled Veteran Business Enterprise. (f) "Small Business Firm" has the meaning set forth in Section 14837(c) of the Government Code. Note: Authority cited: Section 40502, Public Resources Code; Section 4526, Government Code. Reference: Sections 4525 and 4526, Government Code; Sections 45402 and 45403, Public Resources Code. s 17021. Publication of Request for Qualifications. (a) The board shall publish a Request for Qualifications (RFQ) for expected architectural, engineering, environmental, land surveying and construction project management services in the State Contracts Register and in statewide publications of appropriate professional societies. (b) The announcement shall include the following information: a contract identification number, a brief description of services required; location, budget, and duration; eligibility and preferences; submittal requirements and deadlines; and name and telephone number of board contact for questions on the publication. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code. s 17022. Selection Criteria. The board shall select firms based on their ability to perform the specific functions outlined in the RFQ. The criteria for selection will include: (a) Overall professional experience, reliability, and continuity of the firm as related to the tasks described in the RFQ. (b) Professional experience of the firm in executing contracts of a similar nature. (c) Adequacy of personnel numbers within specific disciplines required to complete the work required by the RFQ. (d) Experience and training of key personnel as related to the work described in the RFQ. (e) Adequacy of number of principal(s) which are intended to be assigned to the contract. (f) Knowledge of applicable regulations and technology associated with the contract. (g) Quality and timeliness of recently completed or nearly completed projects which were similar to the work described in the RFQ. (h) Specialized qualifications for the services to be performed. (i) Compliance with M/WBE and DVBE goals or good faith effort pursuant to Public Contract Code section 10115 et seq. These factors shall be weighted by the board according to the nature of the project, the needs of the State and complexity and special requirements of the specific project. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code. s 17023. Selection of Firms. After expiration of the deadline date in the publications, the board shall review and rank eligible firms on file at the board using the selection criteria contained in Section 17022. The board shall conduct interviews with no less than the top three ranked firms to discuss qualifications and methods for furnishing the required services. From the firms with which discussions are held, the board shall select no less than three, in order of preference, based upon the established criteria, who are deemed to be the most highly qualified to provide the services required. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526, 4527 and 4529.5, Government Code; Sections 45402 and 45403, Public Resources Code. s 17024. Negotiation of Contract. (a) The board shall request a detailed Fee Proposal from the best qualified firm and shall require a State's Estimate of Fees to be prepared by board staff prior to negotiations. The State's estimate shall remain confidential until award of contract or abandonment of any further procedure for the services to which it relates. If the board determines the State's estimate to be unrealistic for any reason, the board shall require the estimate to be reevaluated and modified if necessary. (b) The board shall attempt to negotiate a contract with the best qualified firm. Should the board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at fair and reasonable compensation, negotiations with that firm shall be terminated. The board shall then undertake negotiations with the second most qualified firm. Failing accord, negotiations shall be terminated. The board shall then undertake negotiations with the third most qualified firm. Failing accord, negotiations shall be terminated. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the board may select additional firms in the manner prescribed above and continue the negotiation procedure until an agreement is reached. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4528, Government Code; Sections 45402 and 45403, Public Resources Code. s 17025. Contract Agreement. (a) After successful negotiations, the board and the firm shall complete and sign the contract agreement. (b) In instances where the State effects a necessary change in the contract during the course of performance of the services, the firm's compensation may be adjusted by mutual written agreement. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4528, Government Code; Sections 45402 and 45403, Public Resources Code. s 17026. Contracting in Phases. Should the board determine that it is necessary or desirable to have a given project performed in phases, it will not be necessary to negotiate the total contract price in the initial instance, provided that the board shall have determined that the firm is best qualified to perform the whole project at reasonable cost, and the contract contains provisions that the state, at its option, may utilize the firm for other phases and the firm will accept a fair and reasonable price for subsequent phases to be later negotiated, mutually-agreed upon and reflected in a subsequent written instrument. The procedure with regard to estimates and negotiation shall otherwise be applicable. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4526, Government Code; Sections 45402 and 45403, Public Resources Code. s 17027. Emergency Contracting. Where the board makes a finding of emergency, the board may negotiate a contract for such services without following procedures in Sections 17020 - 17029. The finding of emergency must include a finding that conditions at a solid waste facility pose an imminent threat to life or health and insufficient time exists to implement the foregoing procedures to secure services. The selection criteria will be the same as those listed in Section 17022 and fees will still be negotiated as described in Section 17024. The announcement, formal ranking, and interviewing procedures, as specified in Sections 17021 and 17023 may be by-passed. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 45001, 45002, 45402 and 45403, Public Resources Code. s 17028. Small Business Participation. The board shall endeavor to provide copies of announcements for services to Small Business Firms that have indicated an interest in receiving such announcements. Failure of the board to send a copy of an announcement to any firm shall not invalidate any selection or contract. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Sections 4526 and 4527, Government Code; Sections 45402 and 45403, Public Resources Code. s 17029. Unlawful Activities and Conflict of Interest. Practices which might result in unlawful activity, including, but not limited to, rebates, kickbacks, or other unlawful consideration are prohibited. Additionally, a board employee shall not participate in the selection process if the employee has a relationship of a type specified in section 87100 of the Government Code, with a person or business entity seeking a contract subject to this chapter. Note: Authority cited: Section 4526, Government Code; Section 40502, Public Resources Code. Reference: Section 4526, Government Code; Sections 45402 and 45403, Public Resources Code. s 17031. Regional Boundaries. Pursuant tos 4006(a) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USCs 6946, the following boundaries are identified for solid waste management in California: (a) The boundaries of each of the 58 counties in California for addressing local issues; (b) The boundaries of the jurisdiction of each of the ten Metropolitan Councils of Governments and of the California Tahoe Regional Planning Agency for addressing regional issues. These boundaries are as follows: (1) The boundaries of the area lying within the jurisdiction of the Association of Bay Area Governments which include the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma; (2) The boundaries of the area lying within the jurisdiction of the Association of Monterey Bay Area Governments which include the Counties of Monterey and Santa Cruz; (3) The boundaries of the area lying within the jurisdiction of the Comprehensive Planning Organization of the San Diego Region which include the County of San Diego; (4) The boundaries of the area lying within the jurisdiction of the Sacramento Regional Area Planning Commission which include the Counties of Sacramento, Sutter, Yolo and Yuba and the City of Roseville; (5) The boundaries of the area lying within the jurisdiction of the Southern California Association of Governments which include the Counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino and Ventura; (6) The boundaries of the area lying within the jurisdiction of the Council of Fresno County Governments which include the County of Fresno; (7) The boundaries of the area lying within the jurisdiction of the Kern County Council of Governments which include the County of Kern; (8) The boundaries of the area lying within the jurisdiction of the San Joaquin County Council of Governments which include the County of San Joaquin; (9) The boundaries of the area lying within the jurisdiction of the Santa Barbara County -Cities Area Planning Council which include the County of Santa Barbara; (10) The boundaries of the area lying within the jurisdiction of the Stanislaus Area Association of Governments which include the County of Stanislaus; and (11) The boundaries of the area lying within the jurisdiction of the California Tahoe Regional Planning Agency which include that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15 North, Range 16 East, MDB&M; (c) The boundaries of the State of California for addressing statewide issues. Comment: This regulation may be modified from time to time identifying additional or different regional boundaries pursuant to Section 4006(a) of the Act. The method for identifying unspecified State, regional and local issues will be set forth in the regulation concerning identification of agencies and their responsibilities. Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies. s 17032. Agencies. Pursuant to Section 4006(b) of the Resource Conservation and Recovery Act of 1976, P.L. 94-580, 42 USC Section 6946 and Section 66793 of the Government Code, the following responsible agencies are identified for solid waste management in California: (a) Within each of the counties in California, the Boards of Supervisors are responsible, with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county, for local planning and implementation of solid waste management in accordance with Section 66780 of the Government Code with the following exceptions: (1) Within the County of Alameda, the Alameda County Solid Waste Management Authority is responsible for solid waste planning and implementation; (2) Within the County of Merced, the Merced County Solid Waste Advisory Board is responsible for solid waste planning and implementation; (3) Within the County of Santa Clara, the Solid Waste Planning Committee is responsible for solid waste planning and implementation; (4) Within the County of Ventura, the Ventura Regional County Sanitation District is responsible for solid waste planning and implementation with the approval of a majority of the cities within the county which contain a majority of the population of the incorporated area of the county; (5) Within the County of Los Angeles, the Los Angeles County Solid Waste Management Committee is the responsible countywide agency for solid waste planning. Implementation shall be accomplished by those responsible agencies identified in the Los Angeles County Solid Waste Management Plan. (b) Regional issues will be determined by the State Solid Waste Management Board with the advice of the affected counties and regional agencies. (c) For regional planning, the following agencies are identified: (1) The Association of Bay Area Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Alameda, Contra Costa, Marin, San Francisco, Napa, San Mateo, Santa Clara, Solano and Sonoma; (2) The Sacramento Regional Area Planning Commission is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Sacramento, Sutter, Yolo, Yuba, and the City of Roseville; (3) The Southern California Association of Governments is responsible for regional issues for solid waste management planning within the boundaries of the area including the Counties of Imperial, Los Angeles, Orange, Riverside, and San Bernardino. (4) The California Tahoe Regional Planning Agency is responsible for regional issues for solid waste management planning within the boundaries of the area including that part of Lake Tahoe within the jurisdiction of the State of California, the adjacent parts of the Counties of El Dorado and Placer lying within the Tahoe Basin in the State of California, and that additional and adjacent part of the County of Placer outside of the Tahoe Basin in the State of California which lies southward and eastward of a line starting at the intersection of the basin crestline and the north boundary of Section 1, thence west to the northwest corner of Section 3, thence south to the intersection of the basin crestline and the west boundary of Section 10; all sections referring to Township 15, North, Range 16 East, M.D.B.&M. (d) For statewide solid waste management planning and implementation the following are identified: (1) The State Solid Waste Management Board is responsible for solid waste management planning and implementation within the boundaries of the State of California; (2) The State Department of Health is responsible for hazardous waste management planning and implementation within the boundaries of the State of California. Comment: The State Solid Waste Management Board widely distributed to the interested public a request for nominations of agencies. Based on the nominations received, a proposed regulation was drafted and circulated for comment prior to two public hearings; one on April 4, 1978 in the State Building, 455 Golden Gate Avenue, Room 1200, San Francisco, California, and the other on April 5, 1978 in the Inglewood City Hall, One Manchester Boulevard, Community Room, Inglewood, California. This regulation was finally considered at a regularly scheduled public State Solid Waste Management Board Meeting on April 21, 1978, and was adopted at that time as amended. Note: Authority cited: Section 66790, Government Code, Section 6946, 42 United States Code and Section 4006, 90 Stat. 2816, P.L. 94-580, Federal Resource Conservation and Recovery Act of 1976. Reference: Section 66793, Government Code. s 17041. Scope and Applicability. This article shall apply to all requests to the Board pursuant to the California Public Records Act (Government Code sections 6250 et seq. ) for the disclosure of public records or for maintaining the confidentiality of data received by the Board. Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17042. Disclosure Policy. It is the policy of the Board that all records not exempted from disclosure by state or federal law shall be available for public inspection as provided in the California Public Records Act, Government Code section 6250 et seq. Requests for records that are not exempt from disclosure by state or federal law, and which are determined as provided in this article to be confidential or proprietary shall be evaluated to determine whether, on the facts of the particular case, the public interest served by not making the record public clearly outweighs the public interest served by disclosure of the record. Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17043. Requests for Public Records. All requests for public records, as defined in Government Code section 6252, shall be made in writing to the Board's custodian of records, and shall be addressed as follows: Custodian of Records California Integrated Waste Management Board 8800 Cal Center Drive Sacramento, CA 95826 Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17044. Submittal of Trade Secrets. Any person submitting to the Board any records containing data claimed to be a "trade secret," as defined in Public Resources Code section 40062, shall at the time of submission, identify all information which the person believes is a trade secret, and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be trade secret. Any information not identified by the person as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law. Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17045. Submittal of Confidential or Proprietary Data. Any person submitting to the Board any records containing data claimed to be confidential or proprietary, or to be otherwise exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law shall, at the time of submission, identify in writing the portions of the records containing such data as "confidential" or "proprietary," and shall provide the name, address and telephone number of the individual to be contacted if the Board receives a request for disclosure of or seeks to disclose the data claimed to be confidential. Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17046. Disclosure of Trade Secrets and Confidential or Proprietary Data. (a) This section shall apply to all data in the custody of the Board: (1) which is designated "trade secret," as defined in Public Resources Code section 40062, (2) which is considered by the Board or identified by the person who submitted the data to be confidential or proprietary data, (3) which is received from a federal, state or local agency with a confidential or proprietary data designation, or (4) which is exempt from disclosure under Government Code section 6250 et seq., or under other applicable provisions of law. (b) Confidential or proprietary information shall include, but is not limited to: (1) personal or business-related financial data, customer client lists, supplier lists and other information of a proprietary or confidential business nature provided by persons in applications, reports, returns, certifications or other documents submitted to the Board which if released would result in harmful effects on the person's competitive position; (2) tax information prohibited from disclosure, pursuant to the Revenue and Taxation Code. (c) Upon receipt of a request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the individual designated pursuant to section 17045 in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information. (1) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail. The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made. The justification and statement shall be submitted to the Board by certified mail. The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt. (A) The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following: (1) a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information; (2) a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects; (3) any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted; (4) the period of time for which trade secret, confidential or proprietary treatment is requested; (5) the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary status has been maintained or its release restricted; (6) trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available. (B) Documentation, as specified in (A), in support of a claim of trade secret, confidentiality or proprietary may be submitted to the Board prior to the time disclosure is sought. (2) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by paragraph (1). The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail. (3) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by paragraph (2) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public. (d) Except as provided in subdivision (c), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions: (1) Other governmental agencies, and the Legislature, may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports. (2) to the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information. (e) Should judicial review be sought of a determination issued in accordance with section (c), the person requesting the data and/or the person making the claim of trade secret, confidential orproprietary information status in relation to the data, may be made a party or parties to the litigation to justify the determination. Note: Authority cited: Section 6253, Government Code; Sections 40502, 42297 and 42325, Public Resources Code. Reference: Section 6250 et seq. , Government Code; Sections 40062, 42323 and 42783, Public Resources Code; and Sections 17052.14, 19542, 23612.5 and 45982, Revenue and Taxation Code. s 17047. Scope. s 17050. Grounds for Placement on Unreliable List. The following are grounds for a finding that a contractor, any subcontractor that provides services for a board agreement, grantee or borrower is unreliable and should be placed on the board's Unreliable Contractor, Subcontractor, Grantee or Borrower List ( "Unreliable List"). The presence of one of these grounds shall not automatically result in placement on the Unreliable List. A finding must be made by the Executive Director in accordance with section 17054, and there must be a final decision on any appeal that may be filed in accordance with section 17055 et seq. (a) Disallowance of any and/or all claim(s) to the board due to fraudulent claims or reporting; or (b) The filing of a civil action by the Attorney General for a violation of the False Claims Act, Government Code section 12650 et. seq; or (c) Default on a board loan, as evidenced by written notice from board staff provided to the borrower of the default; or (d) Foreclosure upon real property loan collateral or repossession of personal property loan collateral by the board; or (e) Filing voluntary or involuntary bankruptcy, where there is a finding based on substantial evidence, that the bankruptcy interfered with the board contract, subcontract, grant or loan; or (f) Breach of the terms and conditions of a previous board contract, any subcontract for a board agreement, grant, or loan, resulting in termination of the board contract, subcontract, grant or loan by the board or prime contractor; or (g) Placement on the board's chronic violator inventory established pursuant to Public Resources Code section 44104 for any owner or operator of a solid waste facility; or (h) The person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee of an entity has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance under any board contract, subcontract, grant or loan; or (i) The person or entity is on the list of unreliable persons or entities, or similar list, of any other federal or California state agency; or (j) The person or entity has violated an Order issued in accordance with section 18304; or, (k) The person or entity has directed or transported to, has or accepted waste tires at, a site where the operator is required to have but does not have a waste tire facility permit; or ( l) The person or entity has transported waste tires without a waste tire hauler registration; or, (m) The person or entity has had a solid waste facility or waste tire permit or a waste tire hauler registration denied, suspended or revoked; or, (n) The person or entity has abandoned a site or taken a similar action which resulted in corrective action or the expenditure of funds by the Board to remediate, clean, or abate a nuisance at the site; or (o) The following are additional grounds for a finding that, a person or entity described below should be placed on the Unreliable List: (1) The person or entity owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (2) The person held the position of officer director, manager, partner, trustee, or any other management position with significant control (Principal Manager) in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (3) The entity includes a Principal Manager who: 1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or, 2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; (4) The entity has a person who owns 20% or more of the entity, if that person: 1. Was a Principal Manager in an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List; or, 2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. (5) The entity has another entity which owns 20% or more of the entity, if that other entity: 1. Is on the Unreliable List; or, 2. Owned 20% or more of an entity on the Unreliable List at the time of the activity that resulted in its placement on the Unreliable List. (6) Subsection (o) is not intended to apply to a person or entity that purchases or otherwise obtains an entity on the Unreliable List subsequent to its placement on the Unreliable List. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17051. Board Agreement for Contract, Grant or Loan. (a) The Board shall not award a contract or grant, or approve a loan to any person or entity on the Unreliable List, for up to three years from the date of placement on the Unreliable List. (b) This prohibition does not apply to Block Grants awarded pursuant to Public Resources Code section 48690. (c) This prohibition does not apply when the contract, grant or loan is for the purpose of resolving the chronic violations which led to the person or entity's placement on the Unreliable List in accordance with section 17050(g). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17052. Board Agreement for Contract, Grant or Loan with Proposed Subcontractor. The board shall not award a contract or grant or approve a loan with any person or entity who has proposed to enter into a subcontract with any person or entity who would provide services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17053. Board Subcontractors. The board shall not give approval for a contractor, grantee or borrower to enter into a subcontract with any person or entity who provides services for the main agreement, if that person or entity is on the Unreliable List, for up to three years from the date of placement on the Unreliable List. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17054. Executive Director Finding. (a) The Executive Director may make a proposed finding of unreliability based on the occurrence of any event in Section 17050. The proposed finding may be made at any time within 3 years after Board staff discover that one or more of the events in Section 17050 may have occurred. (b) In making such a finding, the Executive Director shall take into consideration mitigating factors which indicate that the person or entity is in fact reliable. These factors shall include, but are not limited to the following: (1) Whether the violation, breach, or unlawful act was serious or material; (2) The presence or absence of any intention to conceal, deceive, or mislead; (3) Whether the violation, breach, or unlawful act was deliberate, negligent, or inadvertent; (4) Whether the violation, breach, or unlawful act was an isolated occurrence, had happened previously, or is part of a pattern and practice; (5) Whether the person or entity cooperated with local, state or federal authorities or took remedial action to correct, address, or prevent a future violation, breach, or unlawful act. (6) The degree to which restitution, or other compensation, has been paid. (c) After the Executive Director has made a proposed finding of unreliability, the Executive Director shall notify the person or entity of the proposed finding by certified or registered mail. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17055. Appeal to Board. A person or entity who wishes to appeal the Executive Director's proposed finding of unreliability may, within 30 calendar days from the date notification was sent, submit to the Executive Director a written request for an appeal hearing before the board. The request shall state the grounds on which appeal is requested, including the factual and legal argument and supporting authorities. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17056. Final Finding. (a) If the Executive Director does not receive a request for appeal within 30 calendar days from the date notice of the proposed finding was sent, the finding shall become final, and the person or entity shall be added to the Unreliable List. (b) If a person or entity appeals the proposed finding, but withdraws the appeal or fails to attend the scheduled hearing, the proposed finding shall become final upon withdrawal of the appeal or failure to attend the hearing, and the person or entity shall be added to the Unreliable List. (c) If a person or entity appeals the proposed finding of unreliability and the board upholds the Executive Director's finding, the proposed finding shall become final and the person or entity shall be added to the Unreliable List. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17057. Hearing. The appeal to the board will be heard at a board meeting according to the following guidelines. The board has the right to augment these guidelines with specific time frames and procedures to fit within the board's agenda deadlines and meeting format. The appellant may request that the hearing be conducted in closed session to the extent authorized by law and shall indicate the basis for such a request. (a) The board shall schedule a hearing within 60 days from the appellant's request for hearing. (b) Prior to the hearing, board staff will inform appellant of the date for the hearing and provide a copy of the agenda item. The appellant's request for appeal will be included in the agenda item. Appellant may submit additional information for consideration at the board meeting. (c) The hearing need not be conducted according to the technical rules relating to civil procedure, evidence and witnesses which would apply in a court of law. (d) The hearing shall not be governed by the Administrative Procedure Act, Government Code sections 11340 et. seq. (e) The Chairman of the Board may limit evidence and presentations to the issues relevant to the appeal. (f) There may be a presentation by board staff and/or attorneys and a presentation by appellant and/or its attorneys. (g) Oral testimony offered by any witness shall be under oath. (h) The attorneys for the board and appellant shall not cross examine each other's witnesses. (i) Rebuttal testimony may be offered. (j) After considering all presentations and evidence, the board shall vote to uphold or overturn the proposed finding of unreliability made by the Executive Director. A vote to uphold the finding means that the appellant will be added to the Unreliable List for up to three years from the date of the board meeting. A vote to overturn the Executive Director's finding means that the appellant will not be added to the Unreliable List. In the case of a tie vote, the appellant shall not be added to the Unreliable List. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17058. Reconsideration of Placement on Unreliable List. At any time after eighteen months and prior to three years since placement on the Unreliable List, a person or entity may submit a written request to the Executive Director requesting that the final finding of unreliability be vacated. This request may be submitted once only during the three year term of the Unreliable List. The Executive Director will reconsider the finding of unreliability based on the evidence submitted in the request. If the Executive Director finds that there is sufficient evidence to deem the person or entity reliable, they will be removed from the list. If there is not sufficient evidence to deem the person or entity reliable, then placement on the Unreliable List remains to the end of the three-year term. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17059. Pending Award. When an appeal hearing has been requested, if there is a pending award or approval of a contract, subcontract, grant or loan, and if appellant can show that it is otherwise entitled to the award or approval, the agreement shall not be awarded or approved until such time as the appeal has been heard and the proposed finding of unreliability has become final or vacated. This section is not intended to affect existing contracts, grants, or loans. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17060. Declaration. All applicants for board contracts, subcontracts, grants and loans shall submit to the board and all subcontractors shall submit to the prime contractor who will submit to the Board, a declaration under penalty of perjury stating that none of the events in Section 17050 have occurred with respect to the applicant, or subcontractor, within the preceding three years. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17062. Existing Law. Placement of a person or entity on the Unreliable List is not intended to limit the Board's ability to seek additional redress or take corrective action as may be allowed by law due to the occurrence of an event listed in section 17050. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40505, 41956, 42010(c), 42846(a) and (b), 42872, 42882, 43230, 45000(c), 47200(a), 48021(b), 48100, 48101, 48631, 48632, 48643, 48655 and 48690, Public Resources Code; and Section 12166, Public Contracts Code. s 17100. Authority. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17105. Purpose. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17106. Intent. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17110. General. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17111. Agency. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17112. Amendment. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17113. Board. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17114. Implementation. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17115. Plan. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17116. Planning Periods. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17117. Region. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17118. Regional Issues. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17119. Regional Planning Agency. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17120. Report. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17121. Resource Recovery. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17122. Revision. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17123. Solid Waste. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17124. Solid Waste Management. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17125. Compliance with the California Environmental Quality Act (CEQA). Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17126. Compatibility of the Plan. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17127. Planning Responsibility. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17128. Planning Liaison. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17129. General. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17130. Objectives and Measures to Achieve Objectives. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17131. Identification of Solid Wastes. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17132. Storage of Wastes for Collection. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17133. Collection System. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17134. Disposal and Processing of Wastes. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17135. Resource Recovery. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17136. Plan Administration. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17137. Economic Feasibility. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17138. Enforcement Program. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17139. Implementation of the Plan. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17140. Plan Preparation. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17141. Revision Preparation. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17142. Participation. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17143. Informing the Public. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17144. Public Hearings or Meetings. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17145. Submittal of Preliminary Draft to Cities. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17146. Submittal of Final Draft to Cities. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17147. Approval by Cities of Plans and Revisions. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17148. Submittal of the Preliminary Draft to the Regional Agency. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17149. Submittal of the Final Draft to the Regional Agency. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17150. Approval by the County. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17151. Submittal of Preliminary Draft to the Board. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17152. Submittal of Final Plan to the Board. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17153. Approval by the Board. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17154. Resubmission of Deficient Plan. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17155. Preparing Amendments. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17156. Participation. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17157. Informing the Public. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17158. Public Hearings or Meetings. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17159. Regional Agency Review. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17160. City Approval of Amendments. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17161. Approval by the County. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17162. Submittal to Board for Preliminary Review. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17163. Submittal to Board for Approval. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17164. Approval by Board. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17165. Resubmission of Deficient Amendment. Note: Authority cited: Sections 66783 and 66790, Government Code. Reference: Sections 66780 and 66780.5, Government Code. s 17200. Authority. The regulations contained herein are promulgated pursuant to Public Resources Code (PRC) sections 43020 and 43021 and Health and Safety Code section 4520. No provision in chapter 3 shall be construed as a limitation or restriction upon the board's right to exercise discretion which is vested in it by law. Nor shall any provision be construed to limit or restrict counties and cities from promulgating enactments which are as strict as or stricter than the regulations contained in this chapter. However, no city or county may promulgate enactments which are inconsistent with the provisions of this chapter. Any reference in this chapter to an enforcement agency shall be deemed to mean the enforcement agency created pursuant to Public Resources Code sections 43200 - 43219. Note: Authority cited: Sections 66770-66774 and 66790, Government Code. Reference: Sections 66770-66774 and Chapters 1, 2 and 3 of Title 7.3 and Section 11125, Government Code. s 17201. Compliance with Laws and Regulations. Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations, or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, the Department, local health entities, water and air quality control boards, local land use authorities, fire authorities, etc. s 17202. Purpose. The purpose of these regulations is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling of solid wastes. s 17203. Intent. By adopting these standards, the board hereby sets forth performance standards for solid waste handling activities which are of state concern, as required by Public Resources Code section 43021, and sets forth minimum substantive requirements for operators' submission of information concerning individual solid waste facilities. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code. s 17204. Intent of Standards. These standards are intended to describe required levels of performance rather than detailed requirements. Wherever possible, operators and designers will be permitted flexibility in meeting the objectives set by the standards. Where the term "adequate" or the phrase "as approved by the enforcement agency" is used, the operator will usually propose a method, physical improvement, or other appropriate means to comply with a standard. The enforcement agency may thereupon accept, modify, reject, or replace the operator's proposal, and shall incorporate the means of compliance into the operator's permit, if applicable and appropriate. s 17205. Health Related Standards. These regulations contain both Health related standards and standards related to Solid Waste Management. The Health Standards are designated by the letter "H." When a Solid Waste Management Standard also is included in a section, it is identified by the letters "SWM." In all other cases the standards are Solid Waste Management Standards. s 17206. Waivers. s 17210. Scope and Applicability. (a) This Article informs an operator who holds a valid solid waste facilities permit of the process for applying for an emergency waiver of standards (waiver) in the event of a state of emergency or local emergency. The waiver grants an operator temporary relief from specific standards imposed by this Division or specific terms or conditions of a solid waste facilities permit issued pursuant to this Division. This Article implements and makes specific those provisions of Section 43035 of the Public Resources Code relating to the integrated waste management disaster plan. (b) This Article is not intended to limit the authority of the state or a local agency during a disaster or emergency. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code. s 17210.1. Definitions. (a) "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. (b) "Board" means the California Integrated Waste Management Board. (c) "Disaster" means a natural catastrophe such an an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood. (d) "Disaster Debris" means nonhazardous solid waste caused by or directly related to a disaster. (e) "Diversion" means the directing of solid waste from disposal or transformation by means of recycling, reuse, or composting. (f) "Emergency Waiver of Standards" means the document signifying approval by an enforcement agency which allows an operator, who holds a valid solid waste facilities permit, the ability to deviate from specified state minimum solid waste standards or terms or conditions of a solid waste facilities permit issued pursuant to this Division. The waiver applies to the origin of waste; the rate of inflow for storage, transfer, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before the transfer or disposal of wastes, at a solid waste facility. This includes the establishment of a locally-approved temporary transfer or processing site, if authorized by the enforcement agency. (g) "Enforcement Agency" means the agency designated pursuant to the requirements set forth in Public Resources Code, sections 43200 through 43221, or the Executive Director of the Board in the event that the enforcement agency (EA) is incapable of responding due to the nature of the emergency. (h) "Extent Feasible" is evidenced by the use of maximum efforts to recycle, reuse, or otherwise divert from disposal as much of the debris and other nonhazardous waste received by the solid waste facility as possible, as determined by the operator. (i) "Jurisdiction of Origin" means the incorporated city or the unincorporated area of the country where the waste originated. (j) "Local Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, as described in Government Code section 8558(c), which conditions are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, as stated in the proclamation by the governing body of a county, city and county, or city, or by an official so designated by ordinance adopted by such governing body to issue such proclamation. (k) "State of Emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the state, as described in Government Code section 8558(b), which conditions, by reason of their magnitude, are or are likely to be beyond the control of the services, personnel, equipment, and facilities of any single county, city and county, or city, and require the combined forces of a mutual aid region or regions to combat, as stated in a proclamation by the Governor. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.2. Purpose and Limitations of an Emergency Waiver. (a) An emergency waiver may only be issued when there has been a proclamation of a state of emergency or local emergency, as those terms are defined in this Article. (b) An EA may approve and issue a waiver for the express purpose of enabling an operator of an existing permitted solid waste facility or a locally-approved temporary transfer or processing site to accept disaster debris and other nonhazardous wastes, in a manner not consistent with the terms and conditions of the relevant solid waste facilities permit, during the recovery phase of a state of emergency or local emergency. (c) The waiver may apply to specified state minimum solid waste standards or a specific term or condition of a solid waste facilities or a locally-approved temporary transfer or processing site which are related to the following: the origin of waste; the rate of inflow for storage, transfer, processing, or disposal of waste; the type and moisture content of solid waste; the hours of facility operation; and the storage time before transfer, processing, or disposal of nonhazardous waste. (d) The effective period of an initial waiver, once granted by the EA, shall not exceed 120 days. Upon receipt of the reports required in section 17210.5, the EA may extend the effective period of a waiver, as necessary, to assist in the recovery from an emergency. (e) All other state minimum standards and permit conditions which are not the subject of the waiver shall remain in effect. (f) A waiver may be modified, canceled, or revoked by the EA without advance notice should the EA determine that any of the following occurs: (1) The use of such a waiver will cause or contribute to a public health and safety or environmental problem; (2) The terms of the waiver are not being used expressly to handle the state of emergency or local emergency and are not in the best interest of the public health and safety; (3) The waiver is no longer necessary; (4) The solid waste facility operator is not utilizing disaster debris diversion programs to the extent feasible. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 43002, 43020, 43021 and 43035, Public Resources Code. s 17210.3. Request for an Emergency Waiver. (a) An operator may apply to an EA for a waiver after a disaster or emergency situation as defined in this Article, has been declared. The waiver shall only be granted with the express approval of the EA following a proclamation of emergency or declaration of disaster at the local or state levels. (b) To obtain a waiver, a solid waste facility operator shall submit a written request to the EA. The request for a waiver shall include, but not be limited to, the following information: (1) A listing of the existing solid waste facilities permit terms and conditions to be waived in order to facilitate recovery and disposal of disaster debris in the event of a declared disaster or emergency; (2) A statement of the remaining disposal capacity of the solid waste disposal facility at the time of the request; (3) A description of all facility-related diversion programs and on-site recycling facilities; and (4) A listing of locally-approved temporary transfer or processing sites to be used to store disaster debris for future reuse or recycling. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.4. Granting an Emergency Waiver. (a) The EA may grant a waiver during the proclamation of emergency upon making the following findings: (1) The operator applying for the waiver holds a valid solid waste facilities permit; (2) The waiver will not pose a threat to public health and safety or the environment; (3) The operator identifies and implements, the the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related waste. (b) Within 7 days of receipt of the solid waste facility operator's request for a waiver, the EA shall notify the solid waste facility operator in writing whether or not the request for waiver has been granted. If the proposed waiver is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may reapply for the waiver at a later date or submit necessary documentation to receive the waiver immediately. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.5. Reporting Requirements for a Solid Waste Facility Operator. (a) The solid waste facility operator shall submit a written report to the EA and the local county agency (agency) within 90 days of activation of the waiver and every 90 days thereafter for the effective period of the activated waiver. (b) The written report shall include the following information: (1) The daily amount of disaster debris received, diverted, and disposed at the facility; (2) The jurisdiction of origin for the disaster debris received at the facility; (3) The increase in tonnage or volume of waste received per day during the effective period of the activated waiver; and (4) The facilities used to process the disaster debris. (c) If pursuant to section 17210.2(d) of this Article, the waiver is extended beyond 120 days, the operator shall submit a report, as described in subparagraph (b), to the EA and agency. The report shall be submitted once every 90 days until the end of the effective period of the waiver. (d) After the activated waiver expires, the solid waste facility operator shall continue to submit the information requested in item (b) above to any EA and agency, every 90 days, until there is no longer any discernable disaster related waste being processed or stored at the facility. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.6. Reporting Requirements for an Enforcement Agency. (a) The EA shall transmit a copy of the approved waiver to the Board within 15 days of its issuance. (b) The EA shall submit a copy of the operator's written reports to the board within 30 days of the receipt of the reports. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.7. Selection of a Solid Waste Facility for Emergency Disposal and Diversion. (a) In the event of a state emergency or local emergency, the EA shall do the following: (1) Assist a local government within its jurisdiction by providing a list of solid waste disposal facilities which have been granted a waiver. The list shall include site capacity for acceptance of waste, hours of operation, daily tonnage limits during the emergency, and on-site recycling and diversion for disaster-related debris. (2) Survey the solid waste facilities within its jurisdiction and determine the diversion programs available at the facilities. Diversion information will be made available by the EA to an affected local jurisdiction and to the public during a declared emergency. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17210.8. Authority of an Enforcement Agency. (a) An EA may approve waivers of minimum standards and specific terms or conditions of a solid waste facilities permit, as needed, to respond to a disaster or emergency situation, as defined in section 17210.1. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40001, 40002, 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021 of the Public Resources Code. s 17210.9. Executive Director's Powers and Duties Relative to the Emergency Waiver. (a) Once the waiver is issued, the Executive Director of the Board shall review all EA waiver approvals. The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver, if it is determined that use of the waiver would cause harm to public health and safety, or the environment. (b) The Executive Director may condition, limit, suspend, or terminate an operator's use of a waiver if it is found that the operator has not utilized reasonably available waste diversion programs as identified in its waiver documentation. (c) The Executive Director shall report to the Board at a regularly scheduled meeting any granting of a waiver, and all determinations made concerning the waiver. Note: Authority cited: Sections 40502 and 43035, Public Resources Code. Reference: Sections 40002, 43020, 43021 and 43035, Public Resources Code. s 17211. Scope and Applicability. (a) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act), commencing at Section 40000 of the Public Resources Code, as amended. These Regulations should be read together with the Act. (b) The purpose of this Article is to provide a means for an enforcement agency (EA) to authorize a temporary waiver from specific terms and conditions of a solid waste facilities permit for a limited period during a temporary emergency as defined in Section 17211.1(b). This Article does not authorize relief from requirements of State Minimum Standards, set out in Title 14, California Code of Regulations, Chapter 3, or other standard or requirement adopted by the Board. (c) Pursuant to this Article, an Enforcement Agency (EA) may issue a stipulated agreement defined in Section 17211.1(a) that provides a temporary waiver of specific terms and conditions of a solid waste facilities permit during a temporary emergency. (d) This article informs an operator, who holds a valid solid waste facilities permit, of the process for requesting a stipulated agreement in the event of an temporary emergency. (e) This Article is not intended to limit the authority of the state or a local agency, including the EA or the Board to enforce the terms and conditions of a solid waste facilities permit that are not subject to the stipulated agreement, State Minimum Standards, and provisions of the Act. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.1. Definitions. In addition to the definitions set forth in Section 17210.1 of Article 3, of this Chapter, the following definitions apply to this Article 3.5: (a) "Stipulated agreement" means an enforceable document written by the EA, pursuant to Division 30, Public Resources Code, Section 45011(a), that provides a temporary waiver of specified terms and conditions of a solid waste facilities permit issued to an operator pursuant to this Division. This document is subject to appeal through the appeal process set out in Division 30, Public Resources Code, Parts 5 and 6. (b) "Temporary Emergency" means a temporary, unforeseeable circumstance. This does not include a collection or disposal labor strike or competitive market changes. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a) and Division 30, Parts 5 and 6, Public Resources Code. s 17211.2. Purpose and Limitation of a Stipulated Agreement. (a) A stipulated agreement may only be used in the event of a temporary emergency. (b) A stipulated agreement may only be used when the EA and operator agree that the circumstance contributing to the temporary emergency was unforeseeable. (c) An EA may use a stipulated agreement for the express purpose of enabling an operator of an existing permitted solid waste facility to operate in a manner not consistent with the terms and conditions of the solid waste facilities permit. (d) The operator must comply with the terms and conditions of the solid waste facilities permit until such time as a stipulated agreement is provided by the EA. (e) The term of the stipulated agreement once granted by the EA, shall not exceed 90 days. The EA may grant one or more extensions of 90 days or less as allowed in Section 17211.6. (f) All permit terms and conditions, which are not the subject of the stipulated agreement, shall remain in effect. (g) A stipulated agreement may be modified; cancelled, or revoked by the EA without advance notice should the EA determine that any of the following occurs: (1) The use of the stipulated agreement causes or contributes to, or threatens to cause or contribute to, harm to the public health and safety or the environment; (2) The terms of the stipulated agreement are not being used expressly to handle a temporary emergency and are not in the best interest of the public health and safety or the environment; (3) The solid waste facilities permit has been revised to include terms and conditions that address the temporary emergency. (4) The temporary emergency no longer exists (so the stipulated agreement is no longer necessary). (h) A stipulated agreement shall be cancelled or revoked by the EA without advance notice should the EA determine that the operator is not in compliance with the time frames and requirements included in the stipulated agreement under Section 17211.5(c) and (d). Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.3. Request for a Temporary Stipulated Agreement. (a) An operator may make a request to an EA for a stipulated agreement. (b) To obtain a stipulated agreement, the operator shall submit a written request to the EA. The request for the stipulated agreement shall include the following information: (1) A description of the temporary emergency, including a description of how the circumstance was unforeseeable, which justifies a waiver. (2) The specific changes in operation or design at the facility required to address the temporary emergency. (3) The specific terms and conditions of the facility's existing solid waste facilities permit from which the operator is requesting a waiver. (4) A requested date to begin implementation of the stipulated agreement. (5) Actions the operator will take so the stipulated agreement is no longer needed including milestones and associated timelines with specific dates. (6) Evidence acceptable to the EA that the operation of the facility under a stipulated agreement is compliant with all applicable land use entitlements, all other permits affecting the facility, all applicable federal, state, and local laws and regulations, and the California Environmental Quality Act. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.4. Issuing a Stipulated Agreement. (a) The EA may issue a stipulated agreement upon making the following determinations: (1) The operator requesting a stipulated agreement holds a valid solid waste facilities permit for the facility. (2) The operator is in compliance and has demonstrated good faith in maintaining compliance with state minimum standards and the terms and conditions of the existing solid waste facilities permit. (3) Operation under the stipulated agreement will not pose a threat to public health and safety or the environment. (4) Any restrictions, conditions, or terms contained in the stipulated agreement have been agreed upon by the EA and the operator. (5) A stipulated agreement may not be used for a recurring temporary emergency addressed by a previous stipulated agreement. (b) Within 5 working days of receipt of the operator's request for a stipulated agreement, the EA shall notify the operator in writing whether or not the request for a stipulated agreement has been granted. If the proposed stipulated agreement is not granted, the EA's notification shall contain reasons for the denial. The solid waste facility operator may again request the stipulated agreement at a later date or submit necessary documentation to receive the stipulated agreement. (c) If a stipulated agreement is not requested or a request is denied, the EA may address the changes required to address the temporary emergency through the processes and mechanisms included in Chapter 5, Article 4. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.5. Contents of a Stipulated Agreement. Contents of a stipulated agreement are as follows, but not limited to: (a) Specific terms and conditions of the solid waste facilities permit that are subject to the stipulated agreement. (b) Justification for providing the stipulated agreement, including evidence supporting the finding made by the EA. (c) The specific changes in operation or design at the facility required to address the temporary emergency. (d) Term of the stipulated agreement, including commencement date, termination date and whether request for one or more extensions will be entertained under appropriate and specified circumstances. (e) Actions the operator will take including milestones and associated timelines with specific dates to revise its solid waste facilities permit or to modify its operations so that the facility will no longer need the stipulated agreement. (f) Actions the EA will take if applicable to assist the operator to revise its solid waste facilities permit or to modify its operations or design so that the facility will no longer require the stipulated agreement. (g) Evidence, demonstrated through the signatures of both the operator and the EA, that the operator and EA have agreed to the requirements set out in the stipulated agreement. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.6. Reporting Requirements for a Solid Waste Facility Operator (a) The solid waste facility operator shall submit a written report to the EA within10 days prior to the termination date of the stipulated agreement. (b) The written report shall include: (1) Information regarding changes in operation or design that took place as a result of the stipulated agreement. (2) Description of steps taken to find a longer term and/or permanent solution to address the unforeseeable circumstance. (3) Either a request to discontinue the stipulated agreement on a date certain, or a request to continue the stipulated agreement for another 90 days. (c) If the stipulated agreement is extended beyond the initial 90 days, the operator shall submit a subsequent report, as described in subparagraph (b), to the EA. The report shall be submitted once every 10 days prior to the termination date of each extension of the stipulated agreement. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.7. Reporting Requirements for an Enforcement Agency. (a) The EA shall transmit a copy of the stipulated agreement request and stipulated agreement to the Board within 5 working days of it being granted. (b) The EA shall transmit a copy of the stipulated agreement request and verification of denial to the Board within 5 working days of the stipulated agreement denial. (c) The EA shall transmit a copy of verification of an extension of a stipulated agreement to the Board with in 5 working days of it being granted. (d) The EA shall submit a copy of the operator's written reports to the Board within 5 working days of the receipt of the reports. (e) The EA shall provide an oral report to the Board during the next regularly scheduled meeting after an extension of a stipulated agreement. (f) Within 24 hours following the EA's issuance of a stipulated agreement, the EA shall submit a notice for publication in a daily newspaper of general circulation in the community in which the solid waste facility is located and shall submit a notice to the Board to be posted on the Board's web page. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.8. Authority of an Enforcement Agency. (a) An EA may approve a waiver through a stipulated agreement addressing specific terms or conditions of a solid waste facilities permit, as needed, to respond to a temporary emergency, as defined in Section 17211.1. (b) For reasons noted in Section 17211.2(g) the EA may cancel or revoke a stipulated agreement and choose to address the situation through mechanisms found in Chapter 5, Article 4. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17211.9. Board Review of Stipulated Agreements. (a) Once a stipulated agreement is issued and provided pursuant to Section 17211.7(a), the Executive Director, or designee, of the Board shall review all EA approvals. The Executive Director, or designee, may condition, limit, suspend, or terminate an operator's use of a stipulated agreement, if it is determined that the use of the agreement would cause harm to public health and safety, or the environment. (b) The Executive Director, or designee, shall report to the Board at the next regularly scheduled meeting any issuance of a stipulated agreement, denial of a stipulated agreement, extension of a stipulated agreement, or action taken by the EA pursuant to this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 45011(a), Public Resources Code. s 17225. General. (a) Unless the context requires another construction, the definitions set forth in this article and in Division 30 of the Public Resources Code shall govern the construction of this chapter. No definitions which are present in Division 30 of the Public Resources Code are repeated herein. Consequently, those definitions should be read in conjunction with the ones set forth herein. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001 and 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2. s 17225.1. Abandoned Vehicles. "Abandoned Vehicles" includes vehicles, with or without motor power, including cars, trucks, trailers, mobilehomes, buses, etc., left on public or private property for an extended period of time and usually in an inoperable or hazardous condition. s 17225.2. Active Face. s 17225.3. Agricultural Solid Wastes. "Agricultural Solid Wastes" include wastes resulting from the production and processing of farm or agricultural products, including manures, prunings and crop residues wherever produced. s 17225.4. Approval Agency. "Approval Agency" includes any agency with regulatory powers regarding solid waste generation, collection, transportation, processing or disposal and includes, but is not limited to the Board, the Department, California Regional Water Quality Control Boards, local air pollution control districts, local enforcement agencies, local health entities and local land use authorities. s 17225.5. Ashes. "Ashes" includes the residue from the combustion of any solid or liquid materials. s 17225.6. Baling. "Baling" includes the process of compressing and binding solid wastes. s 17225.7. Board. s 17225.8. Bulky Waste. "Bulky Waste" includes large items of solid waste such as appliances, furniture, large auto parts, trees, branches, stumps and other oversize wastes whose large size precludes or complicates their handling by normal collection, processing or disposal methods. s 17225.9. Cell. s 17225.10. Collection. "Collection" means the act of collecting solid waste at the place of waste generation by an approved collection agent (public or private) and is distinguished from "removal." s 17225.11. Combustible Refuse. "Combustible Refuse" means any burnable refuse. s 17225.12. Commercial Solid Wastes. "Commercial Solid Wastes" include all types of solid wastes generated by stores, offices and other commercial sources, excluding residences, and excluding industrial wastes. s 17225.13. Collection Vehicle or Equipment. "Collection Vehicle or Equipment" includes any vehicle or equipment used in the collection of residential refuse or commercial solid wastes. s 17225.14. Composting. "Composting" includes a controlled microbial degradation of organic wastes yielding a safe and nuisance free product. s 17225.15. Construction and Demolition Wastes. "Construction and Demolition Wastes" include the waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. s 17225.16. Cover Material. s 17225.17. Daily Cover. s 17225.18. Dead Animals. "Dead Animals" include those animals whose carcasses require disposal. s 17225.19. Decomposition Gases. s 17225.20. Department. s 17225.21. Disposal Area. "Disposal Area" means that portion of a disposal site which has received or is receiving solid wastes. s 17225.22. Disposal Site or Site. s 17225.23. Disposal Site Owner. s 17225.24. Dump. s 17225.25. "EA." (CIWMB) "EA" means enforcement agency as defined in PRC Section 40130 . Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40000, 40001, 40002, Public Resources Code; Title 40, Code of Federal Regulations, Section 258.2. s 17225.26. Fill. s 17225.27. Final Cover. s 17225.28. Final Site Face. s 17225.29. Flue. "Flue" includes any duct or passage for air, gases, or the like, such as a stack or chimney. s 17225.30. Garbage. "Garbage" includes all kitchen and table food waste, and animal or vegetable waste that attends or results from the storage, preparation, cooking or handling of food stuffs. s 17225.31. Groups of Wastes. s 17225.32. Hazardous Wastes. "Hazardous Wastes" include any waste material or mixture of wastes which is toxic, corrosive, flammable, an irritant, a strong sensitizer, which generates pressure through decomposition, heat or other means, if such a waste or mixture of wastes may cause substantial personal injury, serious illness or harm to humans, domestic animals, or wildlife, during, or as an approximate result of any disposal of such wastes or mixture of wastes as defined in Article 2, Chapter 6.5, Section 25117 of the Health and Safety Code. The terms "toxic," "corrosive," "flammable," "irritant," and "strong sensitizer" shall be given the same meaning as in the California Hazardous Substances Act (Chapter 13 commencing with Section 28740 of Division 21 of the Health and Safety Code). s 17225.33. Incinerator. "Incinerator" includes any equipment used for the volume reduction or destruction of combustible wastes by burning, from which the exhaust gases pass through a flue. s 17225.34. Incinerator Residue. "Incinerator Residue" includes the solid materials remaining after reduction in an incinerator. s 17225.35. Industrial Wastes. "Industrial Wastes" include all types of solid wastes and semi-solid wastes which result from industrial processes and manufacturing operations. s 17225.36. Infectious Wastes. "Infectious Wastes" include: (a) Equipment, instruments, utensils and other fomites of a disposable nature from the rooms of patients who are suspected to have or have been diagnosed as having a communicable disease and must, therefore, be isolated as required by public health agencies; (b) laboratory wastes, including pathological specimens (i.e., all tissues, specimens of blood elements, excreta and secretions obtained from patients or laboratory animals) and disposable fomites (any substance that may harbor or transmit pathogenic organisms) attendant thereto; (c) surgical operating room pathologic specimens -including recognizable anatomical parts, human tissue, anatomical human remains and disposable materials from hospitals, clinics, outpatient areas and emergency rooms, as is also defined in Section 314(d) of the California Administrative Code, Title 17. s 17225.37. Institutional Solid Wastes. "Institutional Solid Wastes" include solid wastes originating from educational, health care, correctional, research facilities or other similar facilities. s 17225.38. Intermediate Cover. s 17225.39. Landfill. s 17225.40. Leachate. s 17225.41. Liquid Wastes. "Liquid Wastes" means waste materials which are not spadeable. s 17225.42. Litter. "Litter" means all improperly discarded waste material, including, but not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state, but not including the properly discarded waste of the primary processing of agriculture, mining, logging, sawmilling, or manufacturing. s 17225.43. Local Government. "Local Government" is a local public entity which is a county, city, district, or any other special political subdivision, but is not the State. s 17225.44. Non-Combustible Refuse. "Non-Combustible Refuse" includes miscellaneous refuse materials that are unburnable at ordinary incinerator temperatures (1300 to 2000 degrees F). s 17225.45. Nuisance. "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community or neighborhood or any considerable number of persons although the extent of annoyance or damage inflicted upon the individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. s 17225.46. Open Burning. s 17225.47. Operating Area. s 17225.48. Operator. s 17225.49. Person. s 17225.50. Premises. "Premises" includes a tract or parcel of land with or without habitable buildings or appurtenant structures. s 17225.51. Processing. s 17225.52. Putrescible Wastes. "Putrescible Wastes" include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, gases or other offensive conditions, and include materials such as food wastes, offal and dead animals. s 17225.53. Refuse. "Refuse" includes garbage and rubbish. s 17225.54. Recycling. s 17225.55. Removal. "Removal" means the act of taking solid wastes from the place of waste generation either by an approved collection agent or by a person in control of the premises. s 17225.56. Removal Frequency. "Removal Frequency" means frequency of removal of solid wastes from the place of waste generation either by an approved collection agency or by the owner of the waste. s 17225.57. Residential Refuse. "Residential Refuse" includes all types of domestic garbage and rubbish which originate in residential dwellings. s 17225.58. Resource Recovery. "Resource Recovery" means the reclamation or salvage of wastes for reuse, conversion to energy or recycling. s 17225.59. Rubbish. "Rubbish" includes non-putrescible solid wastes such as ashes, paper, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery, plastics, rubber by-products or litter. s 17225.60. Runoff. s 17225.61. Salvaging. "Salvaging" means the controlled removal of waste material for utilization. s 17225.62. Sanitary Landfill. s 17225.63. Scavenging. "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials. s 17225.64. Septic Tank Pumpings. "Septic Tank Pumpings" include sludge and wastewater removed from septic tanks. s 17225.65. Sewage Sludge. "Sewage Sludge" includes any residue, excluding grit or screenings, removed from a waste water, whether in a dry, semidry or liquid form. s 17225.66. Shredding. "Shredding" includes a process of reducing the particle size of solid wastes through use of grinding, shredding, milling or rasping machines. s 17225.67. Sludge. "Sludge" includes the accumulated solids and/or semisolids deposited from wastewaters or other fluids. s 17225.68. Small Volume Transfer Station. s 17225.69. Solid Wastes or Wastes. s 17225.70. Solid Waste Management. "Solid Waste Management" includes a planned program for effectively controlling the generation, storage, collection, transportation, processing and reuse, conversion or disposal of solid wastes in a safe, sanitary, aesthetically acceptable, environmentally sound and economical manner. It includes all administrative, financial, environmental, legal and planning functions as well as the operational aspects of solid waste handling, disposal and resource recovery systems necessary to achieve established objectives. s 17225.71. Street Refuse. "Street Refuse" includes materials picked up by manual or mechanical sweeping of alleys, streets or sidewalks, litter from public litter receptacles and material removed from catch basins. s 17225.72. Transfer/Processing Station or Station. s 17225.73. Vector. "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease, or disrupting the normal enjoyment of life by adversely affecting the public health and well being. s 17225.74. Written Approval. s 17225.701. Altered Waste Tire. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code. s 17225.705. Store. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42830 and 43020, Public Resources Code. s 17225.710. Applicant. "Applicant" means any person seeking a permit to operate a waste tire facility. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42822, 42833, 42830 and 43020, Public Resources Code. s 17225.715. Baled Tires. "Baled Tires" means either whole or altered waste tires that have been compressed and then secured with a binding material for the purpose of reducing their volume. Baled tires are waste tires as defined in PRC Section 42801.6, until fully enclosed or encapsulated in an engineered construction project for which all required local, state, and/or federal government approvals have been obtained. "Baling" in reference to waste tires means action which produces baled tires. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.6, 42820, 42830 and 43020, Public Resources Code. s 17225.717. Collection. Waste tires are considered in the "collection" process when they are temporarily placed in fully enclosed, licensed road transportable containers that are not stored at a permitted waste tire facility or a facility identified in Section 18420(a). The requirements of Article 5.5 of this Chapter and Chapter 6, with the exception of Article 8.5, Chapter 6, shall not apply to "collection" as long as the following conditions are met: (1) Containers shall be kept closed except while loading and unloading. (2) Containers shall be kept locked when not being loaded or unloaded unless unauthorized access is controlled pursuant to section 17352 of this Article. (3) All waste tire deliveries shall be manifested in accordance with Article 8.5 of this Chapter. (4) For the purpose of this section "temporarily" shall mean less than 90 days. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42820, 42830 and 43020, Public Resources Code. s 17225.720. Crumb Rubber. Crumb rubber means rubber granules derived from waste tires that are less than or equal to one-quarter (1/4) inch (6mm) in size. "Crumbing" in reference to waste tires means action which produces crumb rubber. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42801.7, 42820, 42830 and 43020, Public Resources Code. s 17225.725. Design. "Design" means the layout of a waste tire facility (including the numbers and types of fixed structures), total volumetric capacity of a waste tire facility or total throughput rate, vehicular traffic flow and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code. s 17225.735. Waste Tire. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42807, 42820, 42830 and 43020, Public Resources Code. s 17225.750. Operation. "Operation" means the procedures, personnel, and equipment used to receive, store, process or dispose of waste tires. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code. s 17225.755. Operator. "Operator" means the person legally responsible for the operation of a waste tire facility or the owner if there is no operator. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42804, 42820, 42830 and 43020, Public Resources Code. s 17225.760. Owner. "Owner" means a person who owns, in whole or in part, a waste tire facility, the waste tires located at a facility, or the land on which a waste tire facility is located. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42805, 42820, 42830 and 43020, Public Resources Code. s 17225.770. Passenger Tire Equivalents (PTE). "Passenger Tire Equivalents" means the total weight of altered waste tires, in pounds, divided by 20 pounds. This definition replaces the previous definition of "Tire Equivalents." Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42808, 42821(c), 42831, 42820, 42830 and 43020, Public Resources Code. s 17225.795. Store. "Store" means to reserve tires for future use, processing, recycling, or offsite disposal. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42822, 42808, 42820, 42830 and 43020, Public Resources Code. s 17225.800. Substantial Change. For the purpose of PRC section 42812, "Substantial Change" means any change that may cause a significant effect on the environment. Significant effect on the environment shall have the same meaning as provided in the State California Environmental Quality Act (CEQA) Guidelines. The determination of significant effect shall be made in accordance with section 15064 of the State CEQA Guidelines (Title 14 of the California Code of Regulations). Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42812, 42820, 42830 and 43020, Public Resources Code; and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR. s 17225.820. Used Tire Dealer. "Used Tire Dealer" means a business, operating under the terms and conditions of a local use permit, business license or other required local approval, which is storing used tires in accordance with PRC section 42806.5, and for which its primary purpose is to sell used tires for profit. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42800, 42806.5, 42820, 42830 and 43020, Public Resources Code. s 17258.1. Purpose, Scope, and Applicability. Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1. s 17258.2. Definitions. Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 257 and 258.2. s 17258.10. Airport Safety. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.10. s 17258.16. Closure of Existing Landfills. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40508, Public Resources Code and Title 40, Code of Federal Regulations, Section 258.16. s 17258.20. Procedures for Excluding the Receipt of Hazardous Waste. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; Sections 25249.5 through 25249.13, Health and Safety Code; and Title 40, Code of Federal Regulations, Section 258.20. s 17258.21. Cover Material Requirements. Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, 43020, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.21. s 17258.23. Explosive Gases Control. Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.23. s 17258.24. Air Criteria. Note: Authority cited: Sections 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.24. s 17258.29. Recordkeeping Requirements. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.29. s 17258.60. Closure Criteria. Note: Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.60. s 17258.61. Postclosure Care Requirements. Note: Authority cited: Sections 40502, 43020, 43021, 43030, 43501 and 43509, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.61. s 17258.73. Financial Assurance for Corrective Action. Note: Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.73. s 17258.74. Allowable Mechanisms for Corrective Action. Note: Authority cited: Sections 40502 and 40508, Public Resources Code. Reference: Section 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.74. s 17301. Applicability of Standards. The standards in this Article shall apply to all facilities, equipment, or vehicles used for storage, removal, transport, and other handling of solid wastes. s 17302. Conformance with Plan. After the effective date of the county solid waste management plan required by Section 66780 of the Government Code, solid waste storage and removal shall be in conformance with said plan. s 17311. General. The owner, operator and/or occupant of any premise, business establishment, industry, or other property, vacant or occupied, shall be responsible for the safe and sanitary storage of all solid waste accumulated on the property. s 17312. Storage. (H) In all cases in which garbage and rubbish are combined, the standards for garbage shall prevail. The property owner or occupant shall store solid waste on his premises or property or shall require it to be stored or handled in such a manner so as not to promote the propagation, harborage, or attraction of vectors, or the creation of nuisances. s 17313. Design Requirements. The design of any new, substantially remodeled or expanded building or other facility shall provide for proper storage or handling which will accommodate the solid waste loading anticipated and which will allow for efficient and safe waste removal or collection. The design shall demonstrate to local land use and building permit issuing authorities that it includes the required provisions. s 17314. Operator Responsibility. Where the collection operator furnishes storage containers, he is responsible for maintaining the containers in good condition (ordinary wear and tear excepted) unless they are furnished under other terms, conditions, or agreements. He shall plan with the property owner and/or occupant as to placement of storage containers to minimize traffic, aesthetic and other problems both on the property and for the general public. s 17315. Garbage Containers. (H) Property owners and tenants shall deposit all garbage and putrescible matter or mixed garbage and rubbish in containers which are either non-absorbent, water-tight, vector-resistant, durable, easily cleanable, and designed for safe handling, or in paper or plastic bags having sufficient strength and water tightness and which are designed for the containment of refuse. Containers for garbage and rubbish should be of an adequate size and in sufficient numbers to contain without overflowing, all the refuse that a household or other establishment generates within the designated removal period. Containers when filled shall not exceed reasonable lifting weights for an average physically fit individual except where mechanical loading systems are used. Containers shall be maintained in a clean, sound condition free from putrescible residue. s 17316. Identification of Containers. Containers of one cubic yard or more owned by the collection service operator shall be identified with the name and telephone number of the agent servicing the container. s 17317. Use of Container. No person shall tamper with, modify, remove from, or deposit solid wastes in any container which has not been provided for his use, without the permission of the container owner. s 17331. Frequency of Refuse Removal. (H) The owner or tenant of any premises, business establishment or industry shall be responsible for the satisfactory removal of all refuse accumulated by him on his property or his premises. To prevent propagation, harborage, or attraction of flies, rodents or other vectors and the creation of nuisances, refuse, except for inert materials, shall not be allowed to remain on the premises for more than seven days, except when: (a) disruptions due to strikes occur, or (b) severe weather conditions or "Acts of God" make collection impossible using normal collection equipment, or (c) official holidays interrupt the normal seven day collection cycle in which case collection may be postponed until the next working day. Where it is deemed necessary by the local health officer because of the propagation of vectors and for the protection of public health, more frequent removal of refuse shall be required. s 17332. Regulation of Operators. Each person providing residential, commercial, or industrial solid waste collection services shall comply with all local government licenses, permits or written approval requirements applicable to the city or county in which such services are provided. Such written approval shall be contingent upon the operator's demonstrated capability to comply with these standards and use of equipment which is safe and sanitary. Each enforcement agency of solid waste collection shall maintain a complete listing of all persons holding written approvals to provide solid waste collection services within its jurisdiction. The listings shall contain the name, office, address, telephone number and emergency telephone number if different of each such person, the number and types of vehicles employed by such person in providing such solid waste collection services, and the types of materials authorized for handling. s 17333. Operator Qualifications. When a city, county or special district authorizes or designates a person or firm to provide solid waste collection services within the territory under its jurisdiction through contract, franchise, permit, or license the local government shall obtain proof that such person or firm has adequate financial resources and experience to properly conduct the operation authorized. The facts needed to establish proof shall include but not be limited to the following: (a) The filing of a performance bond or equivalent security with the local government in a reasonable amount, together with (b) Evidence submitted to the local government and to the enforcement agency that the person or firm has experience sufficient to meet the needs of the situation within the jurisdiction. s 17334. Ownership of Waste Materials. Solid wastes subject to collection by a collection service operator shall become the property of the collection service operator subject to local ordinances or contract conditions after such time as the authorized collector takes possession of the wastes. s 17341. Equipment Construction. (H). All equipment used for the collection and/or transportation of solid waste shall be durable, easily cleanable and designed for safe handling, and constructed to prevent loss of wastes from the equipment during collection or transportation. If such equipment is used to collect or transport garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such equipment shall in all cases be non-absorbent and leak resistant. All equipment shall be maintained in good condition and cleaned in a frequency and in a manner so as to prevent the propagation or attraction of flies, rodents, or other vectors and the creation of nuisances. s 17342. Equipment Safety. (H) Vehicles and equipment used in the transport of garbage and rubbish shall be constructed and maintained in such a manner as to minimize the health and safety hazards to collection personnel and the public. s 17343. Equipment Parking. A refuse collection service operator must designate an off-street location where all refuse collection vehicles will be parked when not in service, except in an emergency. s 17344. Identification of Operator. Each vehicle used for the collection and transport of refuse shall be clearly marked with the name of the agency or firm operating the vehicle. s 17345. Inspection of Equipment. (H) Equipment used for solid waste collection shall be made available for inspection as requested by the appropriate Enforcement Agency. s 17346. Authority and Scope. (a) This Article sets forth permitting requirements and minimum operating standards for facilities that operate a waste tire monofill as defined in Section 17346.1 of this Article. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (the Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article. (d) Nothing in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities. (e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the disposal of waste tires will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment. (f) For the purposes of this Article and Article 5.5 of this Chapter, disposal and storage of waste tires does not include the beneficial reuse of waste tires as the Board may determine on a case-by-case basis. (1) Beneficial reuse of altered waste tires is permitted provided the beneficial use does not pose a threat to public health, safety and the environment. (2) In order to qualify as a beneficial use, the proposed use must employ one or more of the engineering properties of waste tires and provide equal or superior performance or lower cost relative to conventional technologies and the proposed use must be approved in writing by a registered civil engineer. (3) An application to determine if a project is considered a beneficial reuse must be made in writing to the EA and the Board. The EA and the Board will evaluate the proposed project under the criteria set forth in subsections 17346(f)(1) and (2) and will independently determine and notify the applicant whether the proposed project constitutes a beneficial reuse of altered waste tires within ninety (90) days from their receipt of the application. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 42808, Public Resources Code. s 17346.1. Definitions. For the purposes of this Article: Unless the context requires another construction, the definitions set forth in this Article and in Division 30 of the Public Resources Code shall govern the construction of this Article. Certain of the definitions in Division 30 are interpreted herein for the purposes of this Article. The definitions set forth in Title 14, California Code of Regulations, Division 7, Chapter 3, Article 4.1 do not apply to this Article 5.4. (a) "Air District" means Air Pollution Control District or Air Quality Management District. (b) "Altered Waste Tire" means a waste tire that has been baled, shredded, chopped or split apart. "Altered waste tire" does not mean crumb rubber. (c) "Cell" means that portion of compacted waste tires in a waste tire monofill that is enclosed by cover material during a designated period. (d) "Local Fire Control Authority" means the public agency responsible for fire prevention and fire suppression for the area where a waste tire monofill facility is located or is proposed to be located. (e) "Operator" means the person responsible for the overall operation of a waste tire monofill facility or the owner if there is no operator. (f) "Owner" means a person who owns, in whole or in part, a waste tire monofill facility, the waste tires located at a waste tire monofill facility, or the land on which a waste tire monofill facility is located. (g) "Rubber fines" are small particles of ground rubber that result as a by-product of producing shredded rubber. (h) "RWQCB" means the Regional Water Quality Control Board. (i) "Uncontaminated Waste Tires" mean waste tires that are not hazardous waste, as defined in Title 22, California Code of Regulations Sections 66260.10 and 66261.3. (j) "Waste Tire Monofill" means a discrete unit, as defined in Title 27, California Code of Regulations, Section 20164, for disposal of only uncontaminated waste tires together with cover. (k) "Waste tire monofill facility" means a solid waste facility that has or will have one or more waste tire monofills and that may handle waste tires for the purposes of disposal to a waste tire monofill or mining for recovery of waste tires from a waste tire monofill. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 40160, 42801.5, 42804, 42805, 43020 and 43021, Public Resources Code. s 17346.2. Regulatory Tier for Waste Tire Monofill Facilities. (a) All Waste Tire Monofill Facilities shall obtain a Full Solid Waste Facilities Permit as set forth in Title 27, California Code of Regulations Sections 21563-21686, but excluding 21565. (b) Except as expressly provided otherwise in this Article 5.4, all waste tire monofills shall comply with those provisions of the California Integrated Waste Management Act of 1989 (the Act), commencing with Public Resources Code Section 40000, and regulations promulgated pursuant to the Act which apply to solid waste landfills. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021 and 44002, Public Resources Code. s 17346.3. Applicability of State Minimum Standards. (a) Operating Criteria. All waste tire monofills shall comply with the operating criteria set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 4, commencing with Section 20510, except for the following: (1) Section 20680. Daily Cover (2) Section 20690. Alternative Daily Cover (3) Section 20695. Cover Performance Standards (4) Section 20700. Intermediate Cover (b) Additional Operating Requirements for Waste Tire Monofills. In addition to the requirements set forth in (a) above, all waste tire monofills shall adhere to the following waste tire monofill standards: (1) Waste tire monofill facilities shall comply with Title 14, California Code of Regulations, Division 7, Chapter 3, Article 5.5 and with Title 14, California Code of Regulations, Division 7, Chapter 6, Article 8.5. (2) Waste tires disposed in a waste tire monofill shall be altered waste tires or shall be otherwise permanently reduced in volume prior to disposal in a manner approved by the EA and the Board on a case-by-case basis. Waste tires disposed in a tire monofill shall also comply with the following specifications, unless alternative specifications are approved pursuant to subsection (b)(10): (A) Tire pieces passing a 3 inch (76 mm) square mesh sieve shall be limited to a maximum of 50% by weight and tire pieces passing a 1.5 inch (38 mm) square mesh sieve shall be limited to a maximum of 25% by weight in the waste tire monofill to limit the potential for internal heating. (B) The waste tire monofill shall contain less than 1% by weight of tire particles small enough to pass through a no. 4 (4.75 mm) sieve. (C) The waste tire monofill shall contain no more than 5% altered tires having metal fragments that protrude more than 2 inches (51 mm) from the cut edges. (D) Disposal of any material other than waste tires and cover is prohibited. (E) Disposal of the remains of tires that have been subjected to fire shall be prohibited. (F) Disposal of factory-reject tire carcasses that have been only partially vulcanized shall be prohibited. (G) Disposal of rubber fines shall be restricted to a separate area of the monofill as a discrete cell that is isolated from altered waste tire fill cells and mixed completely with an equal volume of cover during the filling operations. (H) In the top 12-inch layer of altered waste tires, a minimum of 90 percent (by weight) of the altered waste tires shall have a maximum dimension, measured in any direction, of 12 inches (305 mm) and 100 percent of the altered waste tires shall have a maximum dimension, measured in any direction, of 18 inches (457 mm). (3) Representative samples of altered waste tires to be disposed in a waste tire monofill shall be collected and analyzed for gradation and protruding wire on a monthly basis, or less frequently if approved by the EA and the Board, to ensure compliance with subsections 17346.3(b)(2)(A), (B), and (C). Representative samples of cover to be disposed or utilized at a waste tire monofill shall be tested to ascertain compliance with the limitation on organic matter set forth in subsection 17346.3(b)(5) of this Article 5.4. Records of the results of these samples shall be maintained in the records required by Section 17346.4 of this Article 5.4. (4) The last lift of altered waste tires disposed in a waste tire monofill shall be compacted to provide a flat and stable surface. (5) Waste tire monofill cells shall not exceed a maximum depth of 20 feet (6 m), and a maximum cell area of 12,500 square feet (1161 square meters). A minimum distance of 2 feet shall be maintained between tire shreds in adjacent cells. Intermediate cover shall be placed to wholly encapsulate each monofill cell. Intermediate cover shall consist of soil with less than 5% organic matter as determined by a loss on ignition test (ASTM D 2974-00) and compacted to the maximum density obtainable at optimum moisture content, plus or minus 3 percent, to obtain a stable surface, using methods that are in accordance with accepted engineering practice. (6) The active face of not more than two (2) cells shall be uncovered at any given time within a waste tire monofill facility. (7) A minimum of 6 inches (152 mm) of cover shall be placed over the entire working face at the end of each operating day if: (A) the working face is to remain open and inactive for longer than 24 hours; or (B) when there is precipitation. The cover shall consist of the same material used as intermediate cover. (8) If more than one waste tire monofill cell is stacked vertically, temperature sensors shall be installed within the underlying cells to monitor cell temperatures. The operator shall submit a plan that sets forth the location and frequency of sensor placement for approval by the EA and the CIWMB. In addition, a fire prevention plan shall be in place to address any zones, which experience sustained elevated temperatures to reduce temperatures to safe levels. Both plans shall be made part of the Fire Prevention, Control and Mitigation Plan, which is defined in Section 17346.5(b)(1). Records of these results of elevated temperature shall be maintained in the records required by Section 17346.4 of this Article 5.4. (9) An adequate stockpile of cover and equipment, as required and approved by the EA and the Board, shall be available in the event of fire to insure a cover of a minimum depth of 3 feet on all waste tires, crumb rubber and rubber fines at the waste tire monofill facility exposed to the atmosphere. (10) The operator may propose to the EA and the Board alternative operating criteria to those specified in subsections 17346.3(b)(2) through (b)(9) together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsections 17346.3(b)(2) through (b)(9). (11) Any mining or excavation of waste tires from a waste tire monofill shall be in accordance with a site-specific excavation and materials management plan approved by the EA and the Board. (12) For the purposes of this Article, in addition to the requirements of Title 27, California Code of Regulations, Section 20610 (Training), site personnel shall be trained in fire safety, prevention and suppression. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. s 17346.4. Waste Tire Monofill Facility Records. (a) In addition the requirements set forth in Title 27, California Code of Regulations, Section 20510, waste tire monofills shall record the following information and maintain it with other facility records: (1) Results from temperature sensor monitoring required by this Article 5.4, subsection 17346.3(b)(8). (2) Results from the sampling of altered waste tires as required by this Article 5.4, subsection 17346.3(b)(3) (3) Results from load checking program as required by Title 27, California Code of Regulations, Section 20870. (4) Waste Tire Hauler Manifests as required by Title 14, California Code of Regulations, Section 18459.3. (5) Results from the loss of ignition test (ASTM D 2974-00) for cover as required by this Article 5.4, subsection 17346.3(b)(3). (6) Any additional records required as part of the terms and conditions of the Full Solid Waste Facilities Permit. (b) Notwithstanding subsection 17346.4 (a), for purposes of this Article, the requirements of Title 27, California Code of Regulations, subsection 20515(a)(6)-(MSWLF Unit Records) shall not apply to waste tire monofills. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. s 17346.5. Report of Facility Information for Waste Tire Monofill Facilities. (a) Each operator of a waste tire monofill facility must file with the EA a Report of Disposal Site Information (RDSI) as required in Title 27, California Code of Regulations, Sections 21590 & 21600. (b) In addition to the RDSI requirements set forth in Title 27, California Code of Regulations, Sections 21590 and 21600, the RDSI shall include the following: (1) A Fire Prevention, Control and Mitigation Plan which describes the measures the operator will take to: prevent tires from igniting, control and suppress the tire fire if it occurs, and mitigate the environmental impacts created by the tire fire at the waste tire monofill and by extinguishing the fire. The operator of a waste tire monofill facility shall specify the time frames under which any contaminated liquids generated as a result of any tire fire will be contained and removed and remedial actions will be implemented. Prior to Board concurrence in a permit, the time frames must be approved by the Board. (2) Written evidence that the operator has submitted the Fire Prevention, Control and Mitigation Plan to the Local Fire Control Authority. (3) Written evidence that the applicable Local Fire Control Authority has determined that the waste tire monofill facility, as described in the RDSI, complies with all fire prevention, fire suppression, and other requirements applicable to such facilities within the jurisdiction of the Local Fire Control Authority. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. s 17346.6. Design and Construction Standards. (a) The waste tire monofill shall be constructed in accordance with design plans and specifications prepared, signed, and stamped by a civil engineer registered by the State of California, pursuant to Section 6762 of the Business and Professions Code. (b) As specified in Section 17346.5 of this Article, operators of waste tire monofills shall prepare a Fire Prevention, Control and Mitigation Plan. As part of this plan, an emergency containment system that limits the flow of any contaminated liquids resulting from a fire in the tire monofill must be provided. The emergency containment system must contain any contaminated liquids resulting from a fire in the waste tire monofill and fire suppression for a period consistent with the implementation of the Fire Prevention, Control and Mitigation Plan. The emergency containment system may be the existing natural geologic condition or may be constructed (utilizing clay or composite material together with a protective operations layer). The emergency containment system shall also include a collection system to remove any contaminated liquid that accumulates within the monofill in the event of a fire within or proximate to the tire monofill. The emergency containment system must be able to withstand breaching or rupture due to temperatures and other conditions that may result from a fire within the tire monofill and from activities undertaken to extinguish a fire within the tire monofill or to remediate any hazard or risk of hazard to the public health and safety or the environment due to a fire within the tire monofill. (c) Waste tire monofills shall be designed and constructed to minimize water from entering or accumulating in fill areas, or ponding on cells. Storm water may be temporarily collected in lined dewatering sumps that are located on the cells. The design and construction of the tire monofill must allow for the removal of storm water and water that accumulates in the monofill as quickly as necessary to minimize the risk of fire within the monofill, as determined by the EA and the Board. (d) The operator of a waste tire monofill shall implement a construction quality assurance (CQA) program to ensure compliance with the above requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17346.7. Siting Criteria. (a) Waste tire monofill facilities shall not be sited in an area subject to inundation or washout due to floods with a 100-year return period. (b) Waste tire monofills shall meet seismic design criteria for Class III units as set forth in Title 27, California Code of Regulations, Section 20370. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020 and 43021, Public Resources Code. s 17347. Closure and Postclosure Maintenance Criteria. (a) All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 3, Subchapter 5, Article 2, commencing at Section 21090. (b) Notwithstanding subsection 17347(a) above, the operator may propose to the EA and the Board alternative closure and postclosure maintenance criteria to those specified in subsection (a), together with information supporting the proposal. The EA and the Board may approve such alternative criteria only if the EA and the Board determine that the alternative criteria protect the public health and safety and the environment at least as effectively as the criteria specified in subsection 17347(a). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code. s 17347.1. Closure and Postclosure Maintenance Plans. All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Chapter 4, Subchapter 4, commencing at Section 21769. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40052, 43020, 43021, 43103 and 43501, Public Resources Code. s 17348. Corrective Action Criteria. As part of the facility closure plan, the operator of a waste tire monofill shall establish corrective action procedures that include detecting, characterizing and responding to unpermitted discharges of solid waste to land, the detection of elevated subsurface temperatures and the mitigation of any fire at the facility. The corrective action procedures shall also include an estimated cost to initiate and complete the corrective action for all known and reasonably foreseeable releases from the waste tire monofill. Note: Authority cited: Sections 40502, 43020, 43021 and 40508, Public Resources Code. Reference: Sections 40508 and 43103, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations. s 17349. Financial Assurances for Closure, Postclosure Maintenance, Corrective Action and Operating Liability. All waste tire monofills shall comply with the requirements set forth in Title 27, California Code of Regulations, Division 2, Chapter 6 commencing at Section 22200. Note: Authority cited: Sections 40502, 40508 and 43509, Public Resources Code. Reference: Sections 40508, 43040, 43103, 43500, 43600, 43601, 43601.5, 43602 and 43604, Public Resources Code; and Section 258.73, Title 40, Code of Federal Regulations. s 17350. Applicability. (a) Any facility storing 500 or more waste tires outdoors must comply with the technical and operational standards in sections 17351 through 17355 of this Article. (b) Any facility storing waste tires indoors must comply with the technical and operational standards in section 17356 of this Article. (c) Waste tires that are disposed of by burying at a solid waste disposal facility are addressed in section 17355 of this Article. (d) For purposes of determining the applicability of this Chapter, altered waste tires shall be counted as passenger tire equivalents (PTE). Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17351. Fire Prevention Measures. (a) Communication equipment shall be maintained at all facilities, if they are staffed by an attendant, to ensure that the site operator can contact local fire protection authorities in the event of fire. (b) Adequate equipment to aid in the control of fires must be provided and maintained at the facility at all times. At a minimum the following items shall be maintained on site and in working order at all times: (1) One (1) dry chemical fire extinguisher; (2) One (1) two and one-half gallon water extinguisher; (3) One (1) pike pole or comparable pole at least 10 feet in length to separate burning from non-burning tires; and (4) One (1) round point and one (1) square point shovel. (5) One (1) dry chemical fire extinguisher with a minimum rating of 4A:40BC shall be carried on each piece of fuel-powered equipment used to handle waste tires; (c) An adequate water supply shall be available for use by the local fire authority. The water supply shall be capable of delivering at least 1,000 gallons per minute for a duration of at least three hours and at least 2,000 gallons per minute for a duration of at least three hours if the sum of altered plus whole waste tires exceeds 10,000. (d) All of the requirements of subsections (b) and (c) shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. This may include the availability of earth moving equipment or other approved means to control the tire fire. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17352. Facility Access and Security. (a) Signs - for facilities open to the public a sign shall be posted at the facility entrance stating the name of the operator, operating hours, and site rules. (b) Attendant - An attendant shall be present when the facility is open for business if the facility receives tires from persons other than the operator of the facility. (c) Access - An access road to the facility must be maintained passable for emergency equipment and vector control vehicles at all times. Unauthorized access must be strictly controlled. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17353. Vector Control Measures. (a) All waste tires shall be stored in a manner which prevents the breeding and harborage of mosquitoes, rodents, and other vectors by any of the following means: (1) Cover with impermeable barriers other than soil to prevent entry or accumulation of precipitation; or (2) Use of treatments or methods to prevent or eliminate vector breeding as necessary, provided the control program is approved as appropriate and effective by the local vector control authority, if such authority exists. If no local vector control authority exists, the local Environmental Health Department or other local agency with authority over vector control shall approve the vector control plan. Any control program approved by the local vector control authority shall be subject to Board concurrence at the time of issuance or renewal of the waste tire facility permit. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17354. Storage of Waste Tires Outdoors. (a) Except as provided in subsection (c) waste tires shall be restricted to individual piles, which include stacks and racks of tires that do not exceed 5,000 square feet of contiguous area. Any pile shall not exceed 50,000 cubic feet in volume nor 10 feet in height. Piles shall not exceed 6 feet in height when within 20 feet of any property line or perimeter fencing. Waste tires shall not be located within 10 feet of any property line or perimeter fencing. The minimum distance between waste tire piles and between waste tire piles and structures that are located either on-site or off-site shall be as specified in Table I. (b) Except as provided in subsection (c) waste tires shall be separated from vegetation and other potentially flammable materials by no less than 40 feet. Accessible fire lanes with a minimum width as specified in Table I shall be provided between tire storage units. Fire lanes shall be kept free of flammable or combustible material and vegetation. Access to fire lane(s) for emergency vehicles must be unobstructed at all times. Open flames, blow torches, or highly flammable materials, including but not limited to, tire inner tubes, are prohibited within 40 feet of a waste tire pile. Table I Minimum Separation Distances (Ft.) Length of Exposed Tire Storage Pile Height (Ft.) Face (Ft.) 6 8 10 25 50 56 62 50 66 75 84 100 84 100 116 150 99 117 135 200 111 130 149 250 118 140 162 (c) All of the requirements in subsections (a) and (b) shall apply to the storage of waste tires unless, for any particular requirement, the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for the prevention of fire and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Any requirements approved by the local fire authority shall be subject to Board concurrence at the time of issuance or renewal of the permit. (d) Surface water drainage shall be directed around and away from the waste tire storage area. (e) Waste tires at existing waste tire facilities shall not be stored on surfaces with grades that will interfere with fire fighting equipment or personnel unless mitigation measures have been approved in writing by the local fire authority, or a fire safety engineer registered by the State of California. Measures established by a fire safety engineer shall be subject to approval by the local fire authority. (f) New waste tire facilities shall not: (1) Be sited in any area where they may be subjected to immersion in water during a 100-year storm unless the operator demonstrates to the Board that the facility will be designed and operated so as to prevent waste tires from migrating off-site; or (2) Be located on sites with grades or other physical features that will interfere with fire fighting equipment or personnel. (g) Tires must be removed from rims immediately upon arrival at the facility. (h) The site shall be designed and constructed to provide protection to bodies of water from runoff of pyrolytic oil resulting from a potential tire fire. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17355. Disposal of Waste Tires at Solid Waste Facilities. (a) Waste tires may not be landfilled in a solid waste disposal facility which is permitted pursuant to Chapter 3 of Part 4 of the Public Resources Code, commencing with section 44001, unless they are permanently reduced in volume prior to disposal by shredding, or other methods subject to the EA approval and Board approval. (b) The requirement of subsection (a) shall not apply to waste tires received which are commingled with municipal solid waste that arrive in loads, where the waste tires comprise less than one-half of one (0.5) percent by weight of the total load, or where the waste tires inadvertently arrive in homeowner delivered household loads of mixed waste and are not readily removable from the waste stream; or (c) All waste tires stored at a solid waste facility shall meet the requirements of this Article. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17356. Indoor Storage. Waste tires stored indoors must be stored under conditions that meet or exceed those in "The Standard for Storage of Rubber Tires", National Fire Protection Association, NFPA 231D-1989 edition, published by the National Fire Protection Association, which is incorporated by reference. This requirement shall apply unless the local fire authority having jurisdiction over a particular facility determines that a different requirement is necessary or adequate to meet the intent of these regulations for fire control and the protection of life and property. Any change in, or any new, local fire authority requirements that affect the requirements in this Article shall be reported to the Board by the operator within 30 days after their effective date. Note: Authority cited: Sections 40502, 42820, 42830 and 43020, Public Resources Code. Reference: Sections 42820, 42821, 42830, 42832 and 43020, Public Resources Code. s 17360. Authority and Scope. (a) This Article sets forth permitting requirements and minimum operating standards for operations that handle only nonhazardous petroleum contaminated soil, as specified. This Article is not applicable to Class II or III landfills that handle other waste types in addition to contaminated soil. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (c) This Article implements those provisions of the Act relating to the handling of nonhazardous petroleum contaminated soil. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer. (d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards and air quality management districts or air pollution control districts, local land use authorities, and fire authorities. (e) Nothing in this Article is intended to require the owner or operator of a contaminated soil transfer/processing operation or disposal facility to comply with the Enforcement Agency Notification requirements or to obtain a tiered solid waste facilities permit pursuant to this Article if that owner or operator already has a valid full solid waste facilities permit pursuant to section 44001 of the Public Resources Code. (f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after effective date. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17361. Definitions. For the purposes of this Article: (a) "Air District" means Air Pollution Control District or Air Quality Management District. (b) "Contaminated Soil" means soil that: (1) 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 (2) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the RWQCB or Local Oversight Agency. (c) "Contaminated Soil Transfer/Processing Operation" means an operation that handles only contaminated soil for purposes of treatment, storage, or transfer. It does not include manufacturing operations. (d) "Contaminated Soil Disposal Facility" means a facility that handles only contaminated soil for purposes of disposal. It does not include manufacturing operations. (e) "Disposal" means (1) final deposition of contaminated soil onto land, or, (2) when located at a transfer/processing operation(s), deposition of contaminated soil onto land for a combined period of time greater than one year for transfer, storage, and/or treatment. (3) Notwithstanding subdivision (e)(2) of this section, deposition of contaminated soil onto land shall not constitute disposal if the RWQCB or the enforcement agency authorizes contaminated soil to remain within the operations area for a period of time greater than one year for the purpose of treatment. (4) Once the enforcement agency has reason to believe that contaminated soil has been disposed, the burden of proof shall be on the owner or operator to demonstrate that disposal has not occurred. (5) Disposal does not include the use of contaminated soil for cover material at a solid waste landfill. Notwithstanding this section, contaminated soil shall still require approval for use as cover by the CIWMB and possibly other governmental agencies, including the RWQCB and Air Districts. (f) "Local Oversight Agency" means the department, office, or other agency of a county or city authorized pursuant to law other than the Act, commencing with section 40000 of the Public Resources Code, to oversee the cleanup of contaminated soil at a specific location, including but not limited to those agencies designated pursuant to Health and Safety Code section 25283 (Underground Storage Tanks). (g) "Manufacturing" means using contaminated soil as a raw material in making a finished product that is distinct from soil. Such finished products include but are not limited to asphalt and asphaltic concrete. (h) "Noncontaminated Soil" means soil that is not required to be regulated as a waste by the RWQCB or Local Oversight Agency. (i) "Operations Area" means the following areas within the boundary of a contaminated soil transfer/processing operation or disposal facility which is regulated by the CIWMB, the boundary may or may not be the same as the property boundary and could reflect a smaller area: (1) equipment management area, including cleaning, maintenance, and storage areas; (2) stocking areas for contaminated soil; and, (3) treatment and/or transfer and/or storage and/or disposal areas. (j) "Operator" means the owner; or other person who through a lease, franchise agreement or other arrangement with the owner, is legally responsible for all of the following: (1) complying with regulatory requirements set forth in this Article; (2) complying with all applicable federal, state and local requirements; (3) the design, construction, and physical operation of the operations area; and (4) site restoration. (k) "Owner" means the person or persons who own, in whole or in part, a contaminated soil transfer/processing operation or disposal facility, or the land on which it is located. (l) "RWQCB" means the Regional Water Quality Control Board. (m) "Site" means the operations area. (n) "Transfer" means a handling method where contaminated soil is received temporarily for purposes of transferring from one vehicle to another. (o) "Treatment" means a reduction in petroleum hydrocarbons present in contaminated soil to a concentration specified by the RWQCB or Local Oversight Agency. Treatment methods may include, aeration, bioremediation, thermal, solidification and chemical fixation, and soil washing. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17362.0. Regulatory Tiers for Contaminated Soil Operations and Facilities. Sections 17362.1 through 17362.3 set forth the regulatory tier requirements (commencing at section 18100) that apply to specified types of contaminated soil operations and facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17362.1. Excluded Operations. The solid waste handling operations and facilities listed in this section do not constitute contaminated soil transfer/processing operations or disposal facilities for the purposes of this Article and are not required to meet the requirements set forth herein. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility or from taking any appropriate enforcement action. (a) Transfer/processing of contaminated soil: (1) from a single generator source owned or leased by the generator, its parent, or subsidiary to property owned or leased by the same generator, its parent, or subsidiary; or, (2) from a single generator source owned or leased by the generator, its parent, or subsidiary to a specific location for a one time treatment that is within the jurisdiction of the RWQCB and/or the Local Oversight Agency, and/or air district. (b) Disposal of contaminated soil from a single Petroleum Exploration and Production Company, its parent, or subsidiary to property owned or leased by the same Petroleum Exploration and Production Company, its parent, or subsidiary. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17362.2. Contaminated Soil Transfer/Processing Operations. All contaminated soil transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing at section 18103). These operations shall be inspected by the enforcement agency at least once quarterly. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17362.3. Contaminated Soil Disposal Facilities. All contaminated soil disposal facilities, except as otherwise provided in section 17362.1, shall obtain a Standardized Contaminated Soil Solid Waste Facilities Permit, as set forth in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (new 8/95), which is incorporated herein by reference (See Appendix A.), pursuant to the requirements of Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18105). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17363. Standardized Contaminated Soil Solid Waste Facilities Permit Terms and Conditions. The enforcement agency shall include in a Standardized Contaminated Soil Solid Waste Facilities Permit only those terms and conditions, and no others, contained in form CIWMB 90 "Contaminated Soil Standardized Solid Waste Facilities Permit" (rev. 12/96), which is incorporated herein by reference. (See Appendix A.) Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17364.0. Contaminated Soil Operation and Facility Standards. Sections 17364.1 through 17364.3 set forth the minimum standards that apply to all types of contaminated soil operations and facilities. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17364.1. Siting on Landfills. (a) Contaminated soil operations and facilities located on top of closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 14, Division 7, Chapter 3, Article 7.8, section 17796 of the California Code of Regulations. (b) Contaminated soil operations and facilities that would be located on top of intermediate cover on a solid waste landfill shall locate operations on areas on foundation substrate that is stabilized by compaction to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17364.2. General Design Requirements. Contaminated soil operations and facilities shall be designed and constructed in such a manner as to ensure that the operations and facilities comply with the operational requirements set forth in this Article. A copy of the design of the contaminated soil disposal facility is required as part of the Report of Contaminated Soil Disposal Site Information, as set forth in section 18224. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17364.3. General Operating Standards. (a) All activities shall be conducted in a manner that minimizes litter, nuisances, dust, noise impacts, or other public health and safety and environmental hazards. (b) Unauthorized human or animal access to the operation or facility shall be prevented. (c) Traffic flow into, on, and out of the operation and facility shall be controlled in a safe manner. (d) All operations and facilities open for public business shall post legible signs at all public entrances that include the following: (1) name of the operation, (2) name of the operator, (3) hours of operation, (4) specify that only nonhazardous petroleum contaminated soil will be accepted, and (5) phone number where operator or designee can be reached in case of an emergency. (e) The operator shall provide telephone or radio communication capability for emergency purposes. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17365. General Record Keeping Requirements. All contaminated soil/transfer operations and disposal facilities shall meet the following requirements: (a) All records required by this Article shall be kept by the operator in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, enforcement agency, local health entity, and other duly authorized regulatory and enforcement agencies during normal working hours. (b) The operator shall maintain a log of special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage accidents, explosions, discharge of hazardous or other wastes not permitted, flooding and other unusual occurrences. (c) The operator shall record any written public complaints received by the operator, including: (1) the nature of the complaint, (2) the date the complaint was received, (3) if available, the name, address, and telephone number of the person or persons making the complaint, and (4) any actions taken to respond to the complaint. (d) The operator shall record, as specified by the RWQCB, the types and concentrations of constituents, the date, and quantity of contaminated soil accepted at the operation or facility; and for treatment, transfer, or storage operations, the types and concentrations of constituents, the date, and quantity of contaminated and noncontaminated soil leaving the operations. Where no requirements have been specified by the appropriate RWQCB, the operator shall record the same information as provided by generator source. The operator shall also record the name of all transfer, storage, and/or treatment operations where the contaminated soil was located prior to the receipt by the operator and the dates the contaminated soil was received at each of these operations and removed. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17366. Contaminated Soil Operation and Facility Restoration. All contaminated soil operations and facilities shall meet the following requirements: (a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration. (b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment. (c) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment. (c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service: (1) the operation grounds, excluding the disposal area, shall be cleaned of all contaminated soil, construction scraps, and other materials related to the operation, and these materials legally recycled, reused, or disposed of, (2) all machinery shall be cleaned of contaminated soil, and (3) al remaining structures shall be cleaned of contaminated soil. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 17367. Authority and Scope. (a) This Article sets forth permitting requirements and minimum operating standards for those hazardous waste disposal facilities which hold a valid Hazardous Waste Facility Permit from the Department of Toxic Substances Control and codispose nonhazardous, nonputrescible, industrial solid waste with hazardous waste in one or more waste management units within the disposal facility. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article or Title 22 California Code of Regulations, Division 4.5. (d) Nothing in this Article shall be construed as relieving any owner or operator, from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, the Regional Water Quality Control Board, the Department of Toxic Substances Control, air quality management district or air pollution control district, local land use authorities, and fire authorities. (e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the codisposal of nonhazardous, nonputrescible, industrial solid waste at a hazardous waste disposal facility will be conducted in a manner which meets the purposes of the Act, as specified in Public Resources Code Section 40052, while protecting the public health, safety and the environment. Note: Authority cited: Sections 40502, 43020, 43021 and 44103, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17368. Definitions. For the purposes of this Article: (a) "Air District" means Air Pollution Control District or Air Quality Management District. (b) "Board" means the California Integrated Waste Management Board. (c) "Codisposal" means the final deposition of nonhazardous, nonputrescible, industrial solid waste disposed with hazardous waste in a waste management unit. (d) "Cover" mean soils or alternative materials used in covering the nonhazardous, nonputrescible, industrial solid waste in a hazardous waste disposal facility waste management unit. (e) "DTSC" means Department of Toxic Substances Control. (f) "EA" means enforcement agency as defined in Public Resources Code section 40130. (g) "Hazardous waste disposal facility," or "facility" means a disposal facility that holds and maintains a valid Hazardous Waste Facility Permit issued by the Department of Toxic Substances Control pursuant to section 25200 of the California Health and Safety Code. (h) "Nonhazardous, Nonputrescible, Industrial Solid Waste" means solid waste (as defined in Public Resources Code Section 40191) which also meets all of the following criteria: (1) Nonputrescible: Solid wastes which are not capable of being decomposed by micro-organisms with sufficient rapidity as to cause odors, gases, attraction of vectors or other offensive conditions. For example, wastes that are putrescible, and do not qualify as nonputrescible, include without limitation food wastes, offal and dead animals. (2) Liquid Content: Solid wastes that contain no free liquid, whether such wastes are in bulk or in containers. The absence of free liquid shall be determined by the method specified in Title 22 California Code of Regulations section 66264.314(b). (3) Nonhazardous, Nonputrescible, Industrial Solid Waste expressly excludes: (A) Household waste as defined in Title 27 California Code of Regulations section 20164; (B) Wastes which are prohibited at any hazardous waste disposal facility by applicable statutes or regulations of any governmental body having jurisdiction; and (C) With respect to a specific hazardous waste disposal facility, wastes which are prohibited at that particular hazardous waste disposal facility by the terms and conditions of any permit or entitlement to use issued by a governmental body. (i) "Operating Record" means a facility's records of compliance with the requirements set forth in this Article. (j) "RWQCB" means the Regional Water Quality Control Board. (k) "Waste management unit" or "unit" means an area within a hazardous waste disposal facility where hazardous wastes may be disposed pursuant to a hazardous waste facility permit issued by the Department of Toxic Substances Control, expressly excluding surface impoundments. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17369. Regulatory Tier for Hazardous Waste Disposal Facilities Codisposing Nonhazardous, Nonputrescible, Industrial Solid Waste. (a) All hazardous waste disposal facilities codisposing nonhazardous, nonputrescible, industrial solid waste shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA, or more frequently if necessary to verify compliance with the standards set forth in this Article. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Registration Permit issued pursuant to this section. (b) In addition to the Registration Permit Application required by subdivision (a) of this section, each operator of a hazardous waste disposal facility shall file with the EA a "Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan" (Plan) (as specified in section 18225). The information contained in the Plan shall be reviewed by the EA, in the same manner as required for the application, to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101. The EA shall obtain written verification from Board staff that section 18225(g) and (h) of Article 3.2 are correct prior to their determination of a complete and correct application. (c) A hazardous waste disposal facility that accepts other types of solid wastes, which do not meet the definition of "nonhazardous, nonputrescible, industrial solid waste", shall obtain a Full Solid Waste Facilities Permit pursuant to the requirements of Title 27 California Code of Regulations, Division 2, Subdivision 1, Chapter 4 (s21450 et seq.) prior to commencing operations. "Hazardous waste" (as defined in Title 22 California Code of Regulations sections 66260.10 and 66261.3) shall not be accepted under the provisions of the Full Solid Waste Facilities Permit issued pursuant to Title 27 California Code of Regulations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17370.1. General Operating Standard. The daily cover shall be applied as approved by Department of Toxic Substances Control pursuant to Title 22 California Code of Regulations sections 66264.301(i) or 66265.301(i), as applicable, or the Air District, whichever requirement is more stringent. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17370.2. Record Keeping Requirements. Each operator of a hazardous waste disposal facility shall meet the following requirements with respect to nonhazardous, nonputrescible, industrial solid waste disposed at the facility: (a) All records required by this Article shall be kept in one location and accessible for three years and shall be available for inspection by authorized representatives of the EA, the Board, and other duly authorized regulatory and enforcement agencies during normal working hours. If necessary, copies of these records may be maintained at an alternative site, as long as that site is easily accessible to the EA. (b) The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment, as it relates to the acceptance and disposal of nonhazardous, nonputrescible, industrial solid wastes (as defined in section 17368 of this Article). (c) The operator shall maintain records of the tonnage of nonhazardous, nonputrescible, industrial solid waste that is codisposed in each waste management unit at the facility on a daily basis. The operator shall also maintain records of the tonnage of hazardous waste codisposed in each waste management unit at the facility on a monthly basis. These records shall be provided to the EA or the Board upon request. (d) By March 1 of each year, the operator shall annually report to the EA and the Board the total amount of nonhazardous, nonputrescible, industrial solid waste and hazardous waste codisposed the previous year. (e) The operator shall maintain a copy of the demonstration required pursuant to Title 14 California Code of Regulations section 18225(f) in the operating record. (f) The operator shall provide the EA with written notice of intent (Notice) to close a waste management unit at least 60 days prior to beginning unit closure, and maintain a copy of the Notice in the operating record. (g) All such facilities shall maintain records as required by Title 14 California Code of Regulations section 18810 et seq. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43501, Public Resources Code. s 17375. Authority and Scope. (a) This Article sets forth permitting requirements and minimum operating standards for operations and facilities that handle and/or dispose of nonhazardous ash, as specified. This Article is not applicable to Class II or III landfills that handle and/or dispose of other waste types in addition to nonhazardous ash. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (c) This Article implements those provisions of the Act relating to the handling and/or disposal of nonhazardous ash. Nothing in this Article is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer. (d) Nothing in this Article shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. (e) These regulations are intended to provide a sufficient level of information and oversight to ensure that the transfer and processing, or monofilling of nonhazardous ash will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. Materials that may otherwise be disposed to landfills may be, among other things, processed to reduce, reuse, and recycle the material to the maximum extent feasible in an efficient and cost-effective manner to conserve water, energy and other natural resources. (f) Operations and facilities subject to this Article shall be in compliance with the provisions of this Article within 90 days after the effective date of this Article. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17376. Definitions. For the purposes of this Article: (a) "Air District" means Air Pollution Control District or Air Quality Management District. (b) "Disposal" means: (1) final deposition of nonhazardous ash onto land. (2) stockpiling of nonhazardous ash onto land for a combined period of time greater than six months when located for use at the site of a transfer/processing operation(s) unless the RWQCB in consultation with the enforcement agency authorizes nonhazardous ash to remain within the operations area for a period of time greater than six months. (3) disposal does not include the use of nonhazardous ash for cover material at a solid waste landfill. Notwithstanding this section, use of nonhazardous ash as a cover material shall still require approval for use pursuant to Title 27 California Code of Regulations section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts. (4) disposal does not include the use of nonhazardous ash for a reclamation project as defined in section 17376(m). (5) disposal does not include the use of nonhazardous ash for snow and ice control, roadbase/subbase, walk areas, parking areas, airport runways, trails, dairy or feedlot soil stabilization, structural fill, sludge/manure/waste stabilizing material, compost mineral filler, smelter flux, blending in a soil product, and similar uses in accordance with Public Resources Code section 40180. Nonhazardous ash used for these purposes is not subject to the requirements of this Article. Nothing in this section precludes the enforcement agency or the CIWMB from inspecting any of the activities listed in this subdivision to verify that the activity qualifies for this exception from the definition of disposal. (6) disposal does not include land application of nonhazardous ash as defined in section 17376(e). (7) Should the enforcement agency have information that a nonhazardous ash handler is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise. (c) "Fully Enclosed Structure" means either a building with a roof and walls that prevent rain and wind from affecting the material, or covered container. (d) "Generator" means the nonhazardous ash producer. (e) "Land Application" means the application of nonhazardous ash to forest, agricultural, and range land in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq. Land application does not constitute disposal and is not subject to the requirements of this Article. (f) "Manufacturing" means using nonhazardous ash as a raw material in making a finished product that is distinct from nonhazardous ash. Such finished products include but are not limited to cement and concrete products, asphalt, blasting grit, roofing granules and tiles, wallboard, bricks, vitrified clay pipe, stucco and decorative rock. Nonhazardous ash used in manufacturing is not subject to the requirements of this Article. Should the enforcement agency have information that a nonhazardous ash manufacturer is engaging in other activities that are subject to this Article, the burden of proof shall be on the land owner or operator to demonstrate otherwise. (g) "Nonhazardous Ash" means the nonhazardous residue from the combustion of material or the hazardous residue which may be managed as a nonhazardous waste in accordance with Title 22 California Code of Regulations section 66260.200(f) or 66260.210. The classification of a waste as hazardous or nonhazardous is made pursuant to Title 22 California Code of Regulations section 66260.200. (h) "Nonhazardous Ash Disposal/Monofill Facility" or "Facility" means a facility that handles only nonhazardous ash for purposes of disposal and is not a landfill pursuant to Public Resources Code section 40195.1. (i) "Nonhazardous Ash Transfer/Processing Operation" or "Operation" means an operation that handles only nonhazardous ash for purposes of transfer, treatment, or storage. This definition does not include transformation, biomass conversion, or other incineration facilities. (j) "Operations Area" means the following areas within the boundary of an operation or facility that are subject to this Article, although the boundary may or may not be the same as the property boundary: (1) equipment management area, including cleaning, maintenance, and storage areas; (2) stockpiling areas for nonhazardous ash; (3) transfer and/or processing and/or disposal areas. (k) "Operator" means the land owner or other person who, through a lease, franchise agreement or other contract with the land owner is legally responsible for all of the following: (1) transfer/processing operations or disposal; (2) complying with all applicable federal, state and local requirements relating to the operation; (3) the design, construction, and physical operation of a transfer/processing operation or disposal/monofill facility; (4) operations site restoration of a transfer/processing operation or disposal/monofill facility. (l) "Owner" means the person or persons who own, in whole or in part, a nonhazardous ash transfer/processing operation, disposal/monofill facility, or the land on which it is located. (m) "Reclamation Project" means the use of nonhazardous ash in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Reclamation projects do not constitute disposal and is not subject to the requirements of this Article. (n) "RWQCB" means the Regional Water Quality Control Board. (o) "Site" means the operations area. (p) "Treatment" means any method, technique, or process which changes or is designed to change the physical, chemical, or biological character or composition of nonhazardous ash. Treatment may also include the removal or reduction of harmful properties or characteristics for any purpose including, but not limited to, material recovery or reduction in volume. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40180, 43020 and 43021, Public Resources Code. s 17377.0. Regulatory Tiers for Nonhazardous Ash Operations and Facilities. Sections 17377.1 through 17377.3 set forth the regulatory tier requirements (commencing with section 18100) that apply to specified types of nonhazardous ash operations and facilities. These requirements are summarized in Table 1. Table 1 NONHAZARDOUS ASH OPERATIONS AND FACILITIES PLACEMENT INTO THE REGULATORY TIERS Not Subject to Excluded Tier Enforcement Agency Standardized Article 5.8 Notification Tier Tier Stockpiling as Transfer/Processing as Transfer/Processi- Disposal/Mono- ng fill Specified in Specified in Section Operations as as Specified in Section 17376(b)(2) 17377.1 Specified in Section Section 17377.3 17377.2 Daily Cover as Weathertight Storage Specified in as Specified in Section 17376(b)(3) Section 17377.1 Uses Specified in Section 17376(b)(5) Land Application as Defined in Section 17376(e) Manufacturing as Defined in Section 17376(f) Reclamation Projects as Defined in Section 17376(m) There are no operations or facilities placed within the Registration and Full Permit tiers within this Article. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17377.1. Excluded Operations. The solid waste handling operations and facilities listed in this section do not constitute nonhazardous ash transfer/processing operations, or disposal/monofill facilities for the purposes of this Article, and are not required to meet the requirements set forth herein. (a) Transfer/processing operations of nonhazardous ash are excluded from the requirements of this Article when the only activity is: (1) the transfer/processing from land owned by a single nonhazardous ash generator source or leased by the generator, its parent, or subsidiary, to property owned or leased by the same generator, its parent, or subsidiary; or, (2) storage within a fully enclosed weathertight structure. (b) Nothing in this section precludes the enforcement agency or the CIWMB from inspecting an excluded operation or facility to verify that the operation or facility is being conducted in a manner that qualifies as an excluded operation or facility, or from taking any appropriate enforcement action. (c) Should the enforcement agency have information that a nonhazardous ash operation is not excluded in accordance with this section, the burden of proof shall be on the land owner or operator to demonstrate otherwise. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17377.2. Nonhazardous Ash Transfer/Processing Operations. (a) All operators of nonhazardous ash transfer/processing operations, except as otherwise provided in this Article, shall comply with the Enforcement Agency Notification requirements set forth in the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18103). (b) In addition to the requirements of subdivision (a), the following statement shall be included in the enforcement agency notification and signed by the operator: "The undersigned certify under penalty of perjury that the information in this document and all attachments are true and correct to the best of my knowledge, and is being executed in accordance with the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 3, Article 5.8 (commencing with section 17375). I certify that the ash as represented in this document is nonhazardous and from a nonhazardous feedstock as defined in section 17376(g) and is to be managed in accordance with this notification. I am aware that there are significant penalties for submitting false or misleading information in this certification, including the possibility of fine or imprisonment, or both." (c) A new Enforcement Agency Notification is required any time there are changes to information required by this section. (d) These operations may be inspected by the enforcement agency as necessary for the protection of public health, safety and the environment. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17377.3. Nonhazardous Ash Disposal/Monofill Facilities. (a) All nonhazardous ash disposal/monofill facilities, shall obtain a Standardized Nonhazardous Ash Solid Waste Facility Permit pursuant to the requirements of the California Code of Regulations, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18105). (b) The enforcement agency shall include only those terms and conditions, and no others, contained in CIWMB Form 98 (new 7/96) Standardized Nonhazardous Ash Solid Waste Facility Permit, set forth in Appendix A in this Division. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17378.0. Applicability of State Minimum Standards for Nonhazardous Ash Operations and Facilities. Sections 17378.1 through 17378.3 set forth the minimum standards that apply to all types of nonhazardous ash operations and facilities. Approvals, determinations and other requirements which the enforcement agency is authorized to make under Article 5.8 shall be provided in writing to the operator. The operator shall maintain a copy of these approvals in addition to those records identified in section 17379. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17378.1. Siting On Landfills. (a) Nonhazardous ash operations and facilities or portions thereof, located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27 California Code of Regulations section 21190. (b) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations. (c) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner that will not interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17378.2. General Design Requirements. (a) The design of a new nonhazardous ash transfer/processing operation or disposal/monofill facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures. (b) Each nonhazardous ash transfer/processing operation or nonhazardous ash disposal/monofill facility design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of nonhazardous ash to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use. (c) The operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, and minimize the creation of nuisances at the operation or facility. Other factors that shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health. (d) Nonhazardous ash storage containers that are considered weathertight shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the equipment during storage. Such equipment shall be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of nonhazardous ash. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17378.3. Operating Standards. Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements: (a) All activities at the operation or facility shall be conducted in a manner that minimizes nuisances, noise impacts, or other public health, safety and environmental hazards. (b) Unauthorized human or animal access to the operation or facility shall be prevented. (c) Traffic flow into, on, and out of the operation or facility shall be controlled in a safe manner. (d) The operator shall take adequate measures to minimize and prevent safety hazards due to obscured visibility at the operation or facility. (e) Drainage shall be controlled at operations and facilities to protect the public health and safety and to prevent interference with the operation. (f) All operations and facilities open for public business shall post legible signs at all public entrances that include the following: (1) name of operation or facility, (2) name of the operator, (3) hours of operation, (4) a statement that only nonhazardous ash will be accepted, and (5) phone number where operator or designee can be reached in case of an emergency. (g) The operator shall provide telephone or radio communication capability for emergency purposes. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17379.0. General Record Keeping Requirements. Each operator of a nonhazardous ash transfer/processing operation or disposal/monofill facility shall meet the following requirements: (a) All records required by this Article shall be kept by the operator in one location and be accessible for five (5) years and shall be made available for inspection by authorized representatives of the CIWMB, enforcement agency, and other duly authorized regulatory and enforcement agencies during normal working hours. The operator shall submit copies of records to the enforcement agency upon request. An alternative schedule of record submittal may be approved by the enforcement agency. (b) The operator shall maintain a daily log or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences may include: fires, injury and property damage, accidents, explosions, discharge of hazardous or other waste not permitted, flooding and other unusual occurrences. (c) The operator shall record any written public complaints received by the operator, including: (1) the nature of the complaint, (2) the date the complaint was received, (3) if available, the name, address, and telephone number of the person or persons making the complaint, (4) any actions taken to respond to the complaint. (d) The operator shall record the date, generator source, and quantity of nonhazardous ash accepted. (e) The operator shall maintain records of weights or volumes handled in a manner and form approved by the enforcement agency so as to be sufficiently accurate for overall planning and control purposes. (f) Transfer/processing facility operators shall record the quantity of nonhazardous ash leaving the operations. (g) The disposal/monofill facility operator shall also record the name of all transfer/processing operations where the nonhazardous ash was located prior to receipt by the operator and the dates the nonhazardous ash was received at each of these operations and removed. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17379.1. Nonhazardous Ash Operation and Facility Restoration. All nonhazardous ash transfer/processing operations and disposal/monofill facilities shall meet the following requirements: (a) The operator shall provide the enforcement agency written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration. (b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment. (c) The operator shall ensure that the following site restoration procedures are performed upon completion of operation and termination of service: (1) the operation or disposal/monofill facility grounds, excluding the disposal area, shall be cleaned of all nonhazardous ash, construction scraps, and other materials related to the operation or disposal/monofill facility, and these materials legally recycled, reused, or disposed of; (2) all machinery shall be cleaned of nonhazardous ash prior to removal from the facility; (3) all remaining structures shall be cleaned of nonhazardous ash. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17380. Authority and Scope. (a) Article 5.9 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that receive, store, handle, transfer, or process construction and demolition (C&D) debris and inert debris, as defined herein. C&D debris and inert debris are specific types of solid waste that present a different potential threat to public health and safety and the environment than typical municipal solid waste, thus, can be handled with different regulatory oversight. This Article places operations and facilities that handle C&D debris and inert debris into the board's tiers to provide appropriate regulatory oversight to protect public health and safety and the environment. (b) This Article is not applicable to operations and facilities that are wholly governed by regulations elsewhere in this Chapter. Operations and facilities that receive, store, handle, transfer, or process construction and demolition debris or inert debris that is commingled with solid waste that does not meet the definition of C&D debris or inert debris shall be regulated as transfer/processing operations or facilities pursuant to Articles 6.0 through 6.35, inclusive, of this Chapter. (c) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code (PRC), as amended. These regulations should be read together with the Act. (d) Nothing in this Article limits or restricts the power of any Federal, State, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict local governments from promulgating laws which are as strict as or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article. (e) No provision in this Article shall be construed as relieving any owner, or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. (f) No provision of this Article is intended to affect the rights or duties of any party to, or in any way influence the interpretation of, any franchise agreement between a local government and its franchisee, any other agreement among any parties, or any local ordinance with respect to any aspect of solid waste handling, including without limitation solid waste collection, transportation, processing, and storage, and solid waste disposal. (g) This Article does not apply to persons who generate C&D debris or inert debris in the course of carrying out construction, remodeling, repair, demolition or deconstruction of buildings, roads and other structures (collectively, "construction work") at the site of the construction work or to persons who own the land, buildings and other structures that are the object of the construction work, provided that such persons do not accept at the site any C&D debris or inert debris that is generated at any other location, unless it will be used in the construction work, and provided further that such persons do not allow C&D debris or inert debris, other than C&D debris or inert debris that is used in the construction work, to remain on the site of the construction work after the construction work is completed. For example, public works agencies constructing roads and bridges, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, or landslide debris cleanup, and public or private contractors demolishing or constructing buildings are not subject to these regulations during the course of the construction work. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17380.1. Purpose. (a) It is the board's intent in adopting this Article to encourage the recycling and reuse of C&D debris and inert debris that may otherwise be disposed in a solid waste disposal facility. (b) These regulations are intended to provide a sufficient level of information and oversight to ensure that the receipt, storage, handling, transfer, and processing of C&D debris and inert debris will be conducted in a manner which meets the purposes of the Act while protecting public health, safety and the environment. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, and 43021, Public Resources Code. s 17381. Definitions. For the purposes of this Article, the following definitions shall apply. Additional definitions and related provisions that apply to this Article are found at California Code of Regulations (CCR), Title 14, Division 7, Chapter 3.0, Article 6.0, sections 17402 and 17402.5, and Article 4, section 17225 et seq. (a) "Active Compost" as set forth in CCR, Title 14, Division 7, Chapter 3.1, Article 1, section 17852. (b) "C&D" means Construction and Demolition debris. (c) "CDI" means any combination of Construction and Demolition debris and Inert debris. (d) "Compostable Material" means any organic material that when accumulated may become active compost. (e) "Construction and Demolition Debris", or "C&D Debris" " is solid waste that is a portion of the waste stream defined as "construction and demolition wastes," as defined in Section 17225.15 of Article 4 of this Chapter, and means source separated or separated for reuse solid waste and recyclable materials, including commingled and separated materials, that result from construction work, that are not hazardous, as defined in CCR, Title 22, section 66261.3 et seq., and that contain no more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes do not constitute a nuisance, as determined by the EA. (1) C&D debris includes only the following items which meet the above criteria: (A) components of the building or structure that is the subject of the construction work including, but not limited to, lumber and wood, gypsum wallboard, glass, metal, roofing material, tile, carpeting and floor coverings, window coverings, plastic pipe, concrete, fully cured asphalt, heating, ventilating, and air conditioning systems and their components, lighting fixtures, appliances, equipment, furnishings, and fixtures; (B) tools and building materials consumed or partially consumed in the course of the construction work including material generated at construction trailers, such as blueprints, plans, and other similar wastes; (C) cardboard and other packaging materials derived from materials installed in or applied to the building or structure or from tools and equipment used in the course of the construction work; and (D) plant materials resulting from construction work when commingled with dirt, rock, inert debris or C&D debris. (2) C&D debris expressly excludes, commingled office recyclables and, except as provided in subdivision 17381 (e) above, commingled commercial solid waste and commingled industrial solid waste as they are defined in Title 27, CCR section 20164. (3) Notwithstanding anything to the contrary in this Article, C&D debris includes material, whether or not from construction work, that is generally similar to C&D debris and that is separated for reuse, that is not hazardous, that contains no putrescible wastes and that can be processed without generating any residual, provided that the material is generated by an activity that is similar to, or is directly or indirectly related to, construction work, including without limitation: manufacturing materials for use in construction work, such as wood products, clay or ceramic products, plumbing systems, electrical equipment, metal work and HVAC systems. (f) "Construction and Demolition Wood Mulch" or "C&D Mulch" means source separated wood waste that is not compostable material (C&D mulch feedstock), including that portion of C&D debris that is lumber or wood, which has been mechanically reduced in size. C&D mulch feedstock does not include food material, animal material, biosolids, mixed solid waste, chromated copper arsenate (CCA) pressure treated wood, wood containing lead-based paint, or mixed C&D debris. (g) "Construction Work" means construction, remodeling, repair, demolition or deconstruction of buildings, other structures, roads, parking lots, and similar paved or covered surfaces. (h) "Emergency Construction and Demolition/Inert Debris Processing Operation" means a site that is established due to a proclamation of a state of emergency or local emergency as provided in CCR, Title 14, Division 7, Chapter 3.0, Article 3, sections 17210.1(j) and (k), (i) "Fully Cured Asphalt" means that the material must be at ambient temperature, be substantially hardened and be inelastic. (j) "Handling" means the receipt, collection, transportation, storage, transfer, or processing of solid waste and recyclable materials. (k) "Inert Debris" means solid waste and recyclable materials that are source separated or separated for reuse, do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble pollutants at concentrations in excess of applicable water quality objectives and do not contain significant quantities of decomposable waste. Inert debris may not contain more than 1% putrescible wastes by volume calculated on a monthly basis and the putrescible wastes shall not constitute a nuisance, as determined by the EA. Gravel, rock, soil, sand and similar materials, whether processed or not, that have never been used in connection with any structure, development, or other human purpose are not inert debris and may be commingled with inert debris. (1) "Type A inert debris" includes but is not limited to concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce such pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case by case basis whether materials not listed in this subdivision qualify as Type A inert debris. (2) "Type B inert debris" is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris. (l) "Inert Debris Engineered Fill Operation" means a disposal activity exceeding one year in duration in which fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), brick, ceramics, clay and clay products, which may be mixed with rock and soil, are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading as necessary, and having other characteristics appropriate for an end use approved by all governmental agencies having jurisdiction (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use of the land. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and shall be certified by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California. (m) "Inert Debris Processing Facility" means a site that receives 1500 tons or more per operating day of any combination of Type A and Type B inert debris, or any amount of Type B inert debris, for storage, handling, transfer, or processing. (n) "Inert Debris Type A Disposal Facility" means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations. (o) "Inert Debris Type A Processing Operation " means a site that receives less than 1500 tons per operating day of only Type A inert debris for storage, handling, transfer, or processing. (p) "Large Volume C&D Wood Debris Chipping and Grinding Facility" means a site that receives 500 tons per operating day or more of C&D mulch feedstock for purposes of processing it into C&D mulch. (q) "Large Volume Construction and Demolition/Inert (CDI) Debris Processing Facility" means a site that receives 175 tons or more of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing. (r) "Material Production Facility" means a facility that primarily handles raw materials to produce a new product that is a rock product operation (i.e., an "aggregate" operation), a hot mix asphalt plant, or a concrete, concrete product or a Portland cement product manufacturing facility. (s) "Medium Volume C&D Wood Debris Chipping and Grinding Facility" means a site that receives at least 200 tons per operating day and less than 500 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch. (t) "Medium Volume Construction and Demolition/Inert (CDI) Debris Processing Facility" means a site that receives at least 25 tons per operating day and less than 175 tons per operating day of any combination of C&D debris and Type A inert debris for the purposes of storage, handling, transfer, or processing. (u) "Physical Contaminants" means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic. (v) "Processing" means controlled separation, recovery, volume reduction, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting; chipping, grinding, shredding or baling; the use of vehicles for spreading of waste for the purpose of recovery; and the use of conveyor belts, sorting lines or volume reduction equipment. (w) "Putrescible Wastes" means solid wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes. (x) "Residual" means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of Article 6.0, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials. Notwithstanding, for purposes of this Article, "residual" excludes any inert debris that is destined for or disposed in an inert debris engineered fill operation. Further notwithstanding, for purposes of this Article, "further transfer/processing" does not include processing that occurs at a CDI recycling center or an inert debris recycling center, as described in Section 17381.1(a) of this Article, or at a recycling center as defined at Section 17402.5(d) of Article 6.0 of this Chapter. (y) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated". (z) "Site" means the area where the handling of solid waste and/or recyclable materials occurs at a recycling center, CDI debris processing operation or facility, inert debris processing operation or facility, or C&D wood debris chipping and grinding operation or facility. (aa) "Site Restoration" means removing unprocessed or processed solid waste and recyclable material from the site to allow reuse of the property. (bb) "Small Volume C&D Wood Debris Chipping and Grinding Operation" means a site that receives less than 200 tons per operating day of C&D mulch feedstock for purposes of processing it into C&D mulch. (cc) "Small Volume Construction and Demolition/Inert (CDI) Debris Processing Operation" means a site that receives less than 25 tons of any combination of C&D debris and Type A inert debris per operating day for the purposes of storage, handling, transfer, or processing. (dd) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (ee) "Storage" means the holding or stockpiling of processed or unprocessed C&D debris, C&D mulch, inert debris or recyclable materials for a temporary period, at the end of which the material either is recycled or is transferred elsewhere. Storage of C&D debris, C&D mulch, inert debris or recyclable materials for periods exceeding the limits set in this Article is deemed to be disposal and shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at CCR, Title 27, Division 1, Subdivision 1, Chapter 1, Article 1, section 20005). (ff) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17381.1. Activities That Are Not Subject to the Construction and Demolition/Inert Debris Regulatory Requirements. (a) A site that receives only construction and demolition debris and inert debris (CDI) and which meets the requirements of this section shall be classified as a CDI recycling center. A site that receives only inert debris and which meets the requirements of this section shall be classified as an inert debris recycling center. CDI recycling centers and inert debris recycling centers shall not be subject to any other requirements of this Article except as specified in this section. (1) The CDI debris that a CDI recycling center receives shall have been separated at the point of generation. (A) For the purposes of this section, "separated at the point of generation" means that the material has been separated from the solid waste stream by the generator of that material or by a processor prior to receipt at a CDI recycling center and has not been commingled with other solid waste or recyclable materials. For example, each material type must be transferred in separate containers to the recycling center. Notwithstanding, cardboard, lumber and metal may be commingled in a single container. (2) An inert debris recycling center shall receive only Type A inert debris that is source separated or separated for reuse. The inert debris may be commingled in a single container. (b) CDI recycling centers and inert debris recycling centers shall meet the following requirements: (1) The residual shall be less than 10% by weight of the amount of debris received at the site, calculated on a monthly basis. Recycling center operators may report their residual percentage to the EA and the board on Form CIWMB 607 (see Appendix A). (2) The amount of putrescible wastes in the CDI debris received at the site shall be less than 1% by volume of the amount of debris received at the site, calculated on a monthly basis, and the putrescible wastes shall not constitute a nuisance, as determined by the EA. (c) Chipping and grinding of any material, or the receipt of chipped and ground material, is prohibited at CDI recycling centers. (d) The following storage time limits apply to CDI recycling centers: (1) CDI debris stored for more than 30 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. (2) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. (3) Storage time limits do not apply to CDI recycling centers where a financial assurance mechanism pursuant to section 17384(c) has been approved by the board. (4) At the EA's discretion, storage time limits for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. (5) CDI recycling center storage time limits may be extended for a specified period, if the operator submits to the EA a storage plan as described in section 17384(b) and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. (e) The following storage limits apply to inert debris recycling centers: (1) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. (2) Inert debris that has been processed and sorted for resale, or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. (3) Storage time limits do not apply to Type A inert debris recycling centers which are located at an inert debris engineered fill operation, an inert debris Type A disposal facility, or at a material production facility. (4) Storage time limits do not apply to Type A inert debris recycling centers where a financial assurance mechanism pursuant to section 17384(c) has been approved by the board. (5) At the EA's discretion, storage limits for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. (6) Inert debris recycling center storage limits may be extended for a specified period, if the operator submits to the EA a storage plan as described in section 17384(b) and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. (f) Nothing in this section precludes the EA or the board from inspecting a site to verify that it is and has been operating in a manner that meets the requirements of this section, or from taking any appropriate enforcement action, including the use of a Notice and Order as provided in section 18304. (g) In evaluating whether or not a particular site is in compliance with this section, the EA shall, among other things, do the following: (1) If the EA has reason to believe that each load of debris received at a recycling center is not separated at the point of generation, is not source separated or is not separated for reuse, as applicable, or that the residual exceeds 10% of the total debris received per month, or that the amount of putrescible wastes exceeds 1% by volume of the total debris received per month, or material is being stored in excess of the applicable storage limits, or that the site is not in compliance with any other requirement in this section, the EA may require the owner or operator to provide evidence that the recycling center is in compliance. The burden of proof shall be on the owner and operator of the recycling center to demonstrate it is in compliance. (2) At the time that the EA requires a recycling center to provide evidence that it is in compliance with this section, the EA shall provide the owner and operator of the recycling center a written description of the information that has caused the EA to believe that the recycling center is not in compliance. Notwithstanding, the EA shall not be required to identify the name or other identifying information regarding any person(s) who has complained about the recycling center. (h) Sites which do not meet the applicable requirements of this section do not qualify as recycling centers and shall comply with this Article and all laws and regulations applicable to them. The burden of proof shall be on the owner and operator of a site to demonstrate that the activities at the site are not subject to the requirements of this Article. Note: Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: 40053, 43020 and 43021, Public Resources Code. s 17381.2. Regulatory Tiers Placement for CDI Debris and Inert Debris Processing Operations and Facilities. Construction & Demolition and Inert Debris Tier Placement Excluded Full Solid Not Subject To Operations EA Registration Waste Facility Tier Notification Article 5.9 Section Tier Tier Permit 17382 ____________________________________________________________________________ CDI Recycling Containers Small Volume Medium used CDI Centers Section to store debris Volume CDI CDI debris C&D processing 17381.1 debris at operations debris processing the (less place of than 25 tons processing facilities (175 P per Alternative generation day - Section facilities (25 tons per day or R Daily Cover at solid waste 17383.4 tons per day more) - Sec O disposal tion facilities per 15 cubic to up to less 17383 .5 C 27 CCR yards 20680 or less of Small Volume than 175 tons E separated C&D Wood per day) Inert Debris S for Debris Wood waste reuse Chipping and Section Processing S facilities debris 17383.3 pursuant to PRC Grinding Facility (1500 I 40195.1(b) Specified Operations Medium tons per day or N (less chipping than 200 tons Volume C&D more) of any G and per Inert Debris grinding day) - Section Wood Debris combination of Recycling Centers Section activities 17383.3 Chipping and Type A and A 17381.1 Grinding Type B inert C See Section Specified Emergency CDI Facilities debris or any T 17402.5 (200 for other Grading processing to <500 tons amount of Type I Activities Not Subject to the Activities operations - per day) - B inert debris V Regulations Section Section Section I 17383.8 17383.3 17383.7 T Road building Inert debris I and Type specified A only Large Volume E public works processing activities operations C&D Wood S Section (less 17380(g) than 1500 tons Debris Chipping per day) and Grinding Section 17383.6 Facilities (500 tons per day or more) - Section 17383.3 NOTE: THERE ARE NO FACILITIES PLACED WITHIN THE STANDARDIZED TIER s 17382. Excluded Activities. (a) The following activities do not constitute CDI debris processing, inert debris processing, or chipping and grinding operations or facilities for the purposes of this Article and are not required to meet the requirements set forth herein: (1) Containers used to store C&D debris or inert debris at the place of generation. (2) Locations where 15 cubic yards or less per day of separated for reuse material is handled. (3) Grading or clearing of land that is consistent with local ordinances. (4) Chipping and grinding of lumber or other wood material which meet any of the following criteria; (A) The chipping and grinding activity handles materials derived from and applied to lands owned or leased by the same person, including a parent or subsidiary of a corporate owner; or (B) Handling any combination of green material, additives, amendments, compost, or chipped and ground material that does not exceed 500cubic yards on-site at any one time; or (C) The activity is located at the site of biomass conversion as defined in PRC section 40106 and is for use in biomass conversion at that site; or (D) The activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or (E) The storage of bagged chipped and ground material. (b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner and operator to demonstrate that the activities are excluded pursuant to this section. Note: Authority cited: 40502, 43020 and 43021, Public Resources Code. Reference: 40053, 43020 and 43021, Public Resources Code. s 17383. State Minimum Standards. (a) This section sets forth minimum standards that apply to CDI debris processing, inert debris processing and C&D wood debris chipping and grinding operations and facilities. (b) All small, medium and large CDI debris processing operations and facilities, inert debris processing operations and facilities and small, medium and large C&D wood debris chipping and grinding operations and facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.2 and sections 17406.1, 17406.2 of Article 6.1 and 17414 of Article 6.3. (c) In addition, medium and large CDI debris processing facilities, inert debris processing facilities and medium and large volume C&D wood debris chipping and grinding facilities shall meet the State Minimum Standards requirements of CCR, Title 14, Division 7, Chapter 3.0, Article 6.35. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021, 43200 and 43209, Public Resources Code. s 17383.1. Multiple Wood Debris Chipping and Grinding Activities. All operations and facilities that receive lumber or wood material and mechanically reduce the material in size are subject to regulation under either Chapter 3 (Minimum Standards for Solid Waste Handling and Disposal) or Chapter 3.1 (Composting Operations Regulatory Requirements) and shall be further regulated as follows: If multiple waste streams, such as C&D wood debris and compostable green material, are handled at one location or site as determined by the EA, the site shall be deemed a single site and shall comply with the permitting requirements of Chapter 3, Article 5.9, Article 6.0 or Chapter 3.1 as determined by the EA. All material handled at the site shall count toward determining the appropriate regulatory tier for the operation or facility. Notwithstanding the above, each separate activity will be required to meet the State Minimum Standards applicable to the specific waste stream being handled. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40053, 43020 and 43021, Public Resources Code. s 17383.2. Activities at Solid Waste Facilities. (a) C&D wood debris chipping and grinding operations and facilities and CDI debris and inert debris processing operations and facilities are not required to obtain a separate permit or meet the notification requirements of this Article if the activity is occurring at a facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as a described and approved activity in a Report of Facility Information. (b) Notwithstanding, C&D wood debris chipping and grinding activities when located at a solid waste facility which has a full solid waste facilities permit shall satisfy the requirements of sections 17383 and 17383.3 (b) through (k) except if material is used on site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.3. C&D Wood Debris Chipping and Grinding Operations and Facilities. (a) C&D wood debris chipping and grinding operations and facilities conduct chipping and grinding activities to produce C&D mulch. Authorized chipping and grinding activities do not produce active compost, but mechanically reduce the size of lumber and other wood material to produce C&D mulch. The C&D wood debris chipping and grinding operation or facility shall satisfy the appropriate tier requirements. A small volume C&D wood debris chipping and grinding operation shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A medium volume C&D wood debris chipping and grinding operation shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq. A large volume C&D wood debris chipping and grinding facility shall comply with the Full Permit tier requirements set forth in CCR, Title 27, Division 2, Subdivision 1, Chapter 4, commencing with section 21563. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. Except as otherwise specified in this section, small volume C&D wood debris chipping and grinding activities shall comply with all requirements applicable to small volume CDI debris processing operations, medium volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to medium volume CDI processing facilities, and large volume C&D wood debris chipping and grinding facilities shall comply with all requirements applicable to large volume CDI debris processing facilities. (b) All of the following requirements for the storage and stockpiling of C&D mulch feedstock, material being processed and finished C&D mulch apply: (1) Unprocessed feedstock may be stored on site prior to processing up to 30 days. Unprocessed feedstock stored for more than 30 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (2) C&D mulch shall be removed from the site within 90 days from processing. C&D mulch stored for more than 90 days shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (3) If the temperature of the unprocessed feedstock or C&D mulch reaches 50 degrees Celsius (122 degrees Fahrenheit), then the site shall be regulated as a compostable material handling operation or facility, as set forth in Chapter 3.1 commencing with Article 1, section 17850. (4) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (5) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (c) All the following requirements for the inspection of C&D mulch feedstock apply: (1) The feedstock shall undergo load checking to ensure that physical contaminants in the feedstock are reduced to no greater than 1% of total feedstock, by weight. Load checking shall include both visual observation of incoming loads of feedstock and load sorting to quantify the percentage of contaminating materials. (2) A minimum of 1% of daily incoming feedstock volume or at least one truckload per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level is potentially greater than 1%, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1% of total weight. (3) Upon request of the EA, the operator shall take a representative sample of feedstock, shall collect and weigh physical contaminants, and shall calculate the percentage of physical contaminants in the sample. (4) The operator shall take adequate measures through signage, training, load checking, detection systems, and/or chemical analysis to avoid incorporating any chromated copper arsenate (CCA) pressure treated wood and lead based painted materials into C&D mulch. Such contaminated feedstock shall be stored in a designated area for proper handling and disposition. (5) The operator's employees shall be adequately trained to perform the activities specified in this section. (d) Operations and facilities producing C&D mulch shall maintain all records demonstrating compliance with this section. (e) All C&D wood debris chipping and grinding activities shall minimize odor impacts. (f) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Fire lanes shall be provided to allow fire control equipment access to all operation areas. These requirements are in addition to the requirement for a Fire Prevention, Control and Mitigation Plan described in sections 17386(a)(19), 18223(a)(19) and 18223.5(a)(20), (g) If C&D debris other than C&D wood debris is accepted at the site, the site shall be regulated as a CDI processing operation or facility under this Article or under in the Transfer/Processing Regulatory requirements (commencing at section 17400), as appropriate. (h) Should the EA have reason to believe that a C&D wood debris chipping and grinding material handler is engaging in other activities that constitute or are deemed to be disposal, the burden of proof shall be on the owner and operator of the site to demonstrate otherwise. (i) Each operator of a small volume C&D wood debris chipping and grinding operation shall file with the EA, together with its application for an EA Notification, an Operation Plan (as more fully described in section 17386 of this Article). Each operator of a medium volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Registration Permit, a Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). Each operator of a large volume C&D wood debris chipping and grinding facility shall file with the EA, together with its application for a Full Permit, a Facility Report (as more fully described in Article 3.2, section 18223.5 of this Chapter). The information contained in the Plan or Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (j) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (k) Each operator shall determine the weight of all material received at the operation or facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or facility or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.4. Small Volume Construction and Demolition/Inert Debris Processing Operations. All small volume CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100. These operations shall be inspected quarterly by the EA to verify compliance with minimum standards. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record. (a) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed and therefore subject to enforcement action, including the use of a Notice and Order as provided in section 18304. (b) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. (f) Each operator of a Small Volume CDI Processing Operation shall file with the EA, together with its application for an EA Notification, a Small Volume CDI Processing Operation Plan (as more fully described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (g) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (h) C&D Mulch that is not compostable material produced at a small volume CDI processing operation must meet all requirements of a small volume C&D wood debris chipping and grinding operation, including the storage limits. (i) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.5. Medium Volume Construction and Demolition/Inert Debris Processing Facilities. All medium volume CDI debris processing facilities subject to this Article shall comply with the Registration Permit tier requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq.. (a) The amount of residual in the C&D debris and type A inert debris shall be less than 40 % of the amount of such material received by weight. The residual amount is calculated on a monthly basis. Facilities which do not meet the 40 % residual requirement of this subsection shall obtain a Full Permit and shall comply with the requirements applicable to a Large Volume CDI Debris Processing Facility. If the EA determines that a Medium Volume CDI Debris Processing Facility has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA shall take appropriate enforcement action. (b) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (c) CDI debris that has been processed and sorted for resale or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (d) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (e) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (f) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. (g) Each operator of a medium volume CDI processing facility shall file with the EA, together with its application for a Registration Permit, a CDI Processing Facility Plan (as more fully described in Article 3.2, section 18223 of this Chapter). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (h) Medium volume CDI debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (j) C&D Mulch that is not compostable material produced at a medium volume CDI processing operation must meet all requirements of a medium volume chipping and grinding operation, including the storage limits. (k) If a medium volume CDI processing facility exceeds any combination of the following limitations, which are more fully described in this Section 17383.5, three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for a Registration Permit under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, and the operator must within 30 days apply for a Full Permit as if it were a large volume CDI processing facility pursuant to Section 17383.6. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. The limitations to which this subdivision applies are: 1. Maximum amount of residual specified in Subsection 17383.5(a). 2. Maximum tonnage received per day as specified in Subsection 17381(t) 3. Maximum amount of material on site as specified 17383.5(d). (l) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.6. Large Volume Construction and Demolition/Inert Debris Processing Facilities. All large volume CDI debris processing facilities subject to this Article shall comply with the Full Permit tier requirements set forth in Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450. (a) CDI debris stored for more than 15 days that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (b) CDI debris that has been processed and sorted for resale, or reuse, but remains stored on site for more than one year, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. (f) Each operator of a large volume CDI processing facility shall file with the EA, together with its application for a Full Permit, a Large Volume CDI Processing Facility Report (as more fully described in Article 3.2, section 18223.5 of this Chapter). The information contained in the Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (g) Large volume CDI debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (h) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (i) C&D Mulch that is not compostable material produced at a large volume CDI processing operation must meet all requirements of a large volume C&D wood debris chipping and grinding operation, including the storage limits. (j) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.7. Inert Debris Type A Processing Operations. All inert debris Type A processing operations subject to this Article shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 and commencing with section 18100. (a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. (f) These operations shall be inspected by the EA to verify compliance with minimum standards. Inspections shall be conducted quarterly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (g) The operator shall specify the operation's boundary area in the operating record. (h) Each operator of an inert debris Type A processing operation shall file with the EA, together with its application for an EA Notification, an Inert Debris Type A Processing Operation Plan (as more fully described in Article 3.2, section 17386 of this Article). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (i) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (j) Each operator shall determine the weight of all material received at the operation for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the operation or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 40053, 43020 and 43021, Public Resources Code. s 17383.8. Inert Debris Type A and Type B Processing Facilities. All inert debris Type A and Type B processing facilities subject to this Article shall comply with the Full Permit tier requirements set forth in Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450. (a) Inert debris stored for more than 6 months that has not been processed and sorted for resale or reuse shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (b) Inert debris that has been processed and sorted for resale or reuse, but remains stored on site for more than 18 months, shall be deemed to have been unlawfully disposed, and therefore subject to enforcement action including the use of a Notice and Order as provided in section 18304. (c) The maximum amount of material that may be stored on the site, including unprocessed material, material that is being processed, and material that has been processed, is that amount which is the product of 30 days multiplied by the maximum amount of incoming material permitted per day. (d) Storage time limits may be extended in accordance with sections 17384 (a) (Land Use Entitlement), 17384 (b) (Storage Plan), and 17384(c) Financial Assurances of this Article. (e) Residual material shall be removed from the site within 48 hours or at an alternate frequency approved by the EA. (f) Each operator of an Inert Debris Type A and Type B Processing Facility shall file with the EA, together with its application for a Full Permit, an Inert Debris Type A and Type B Processing Facility Report (as more fully described in Article 3.2, Section 18223.5 of this Chapter). The information contained in the Report shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, Chapter 5, Article 3.0, section 18101. (g) Inert debris processing facilities shall be inspected monthly by the EA in accordance with PRC section 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (h) Where the public may have access to them, the debris piles and other piles of materials on site must be stable and otherwise configured so as to protect the public health and safety. (i) Each operator shall determine the weight of all material received at the facility for handling and shall maintain records of the weight of materials in accord with State Minimum Standards. Weight shall be determined by the use of scales which may be located at the facility or off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.9. Emergency Construction and Demolition/Inert Debris Processing Operations. (a) All emergency CDI debris processing operations shall comply with the EA Notification requirements set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, section 18100 et. seq. Such operations may occur at locations which are not permitted solid waste facilities. These operations shall be inspected by the EA as necessary to verify compliance with minimum standards, but in no case less than monthly. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. The operator shall specify the operation's boundary area in the operating record. (b) In addition, the emergency CDI debris processing operations shall meet the following requirements: (1) The land owner has certified his/her knowledge of the proposed activity and agrees to insure proper termination. (2) The operation shall not exist for a period of time greater than 120 days from the date that the EA Notification is received by the EA. Upon receipt of the reports required by CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.5, the operation may continue for an additional period as specified by the EA to assist in the recovery and clean-up. (3) The operation shall receive only C&D debris and Type A inert debris in any amounts that are generated by the event that caused the state of emergency, (4) If the operation accepts, processes, or stores hazardous or household hazardous waste, the activities must be in compliance with requirements of the Department of Toxic Substances Control and other appropriate authorities or agencies. (c) The emergency CDI debris processing operation shall cease operation should the EA determine that any of the following occurs: (1) The emergency CDI debris processing operation is not being used exclusively to handle the CDI debris resulting from the state of emergency; (2) The emergency CDI debris processing operation is no longer necessary in accordance with CCR, Title 14, Division 7, Chapter 3, Article 3, section 17210.2; (3) The emergency CDI debris processing operation will cause or contribute to a public health, safety or environmental problem; (4) The operator is not utilizing disaster debris diversion programs to the extent feasible. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17383.10. Public Hearing. (a) Provided that a comparable public hearing has not been held within the year preceding the EA's receipt of a complete and correct application, the EA shall hold an informational public hearing on an application for a Registration Permit or a Full Permit required under this Article. The EA may require the operator(s) of the facility or facilities that are the subject of the hearing to pay all costs incurred by the EA in connection with the hearing. The hearing may be combined with another hearing in which the EA participates that meets the criteria in this section. In the case of an application for a Full Permit, the hearing shall be held before the EA submits the proposed permit to the board for concurrence. In the case of an application for a Registration Permit, the hearing shall be held before the EA issues the permit. The EA shall submit to the board a statement that the hearing required by this section was held, in the case of a Full Permit, at the time the EA submits the proposed permit to the board for concurrence, or, in the case of a Registration Permit, at the time the EA submits a copy of the permit it has issued. (b) The hearing shall meet the following criteria: (1) Notice of the hearing shall be given pursuant to Government Code Section 65091, subdivisions (a) - (c), inclusive. (2) Notice of the hearing shall also be given to the governing body of the jurisdiction within which the facility is located and to the State Assembly Member and the State Senator in whose districts the facility is located. (3) The hearing shall be held in a suitable location not more than five (5) miles from the facility that is the subject of the hearing; provided that, if no suitable location exists within five (5) miles of the facility, as determined by the EA, the EA may designate an alternative suitable location that is as close to the facility as reasonably practical. (4) The hearing shall be held on a day and at a time that the EA determines will enable attendance by residents living in the vicinity of the facility that is the subject of the hearing. (c) EAs may undertake additional measures to extend public notice and to encourage attendance by any persons who may be interested in the facility that is the subject of the hearing. Note: Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17384. Approval of Storage Time Limit Alternatives. (a) At the EA's discretion, storage times for sorted and processed materials may be extended to the time specified in a land use entitlement for the site that has an express time limit for the storage of materials. (b) Storage times at operations and facilities may be extended for a specified period, if the operator submits to the EA a storage plan as described herein and if the EA finds, on the basis of substantial evidence, that the additional time does not increase the potential harm to public health, safety and the environment. The EA may consult with other public agencies in making this determination. The extended storage term, any applicable conditions the EA imposes and the EA's findings shall be in writing. The operator must file amendments as necessary to maintain the accuracy of the storage plan. Failure to submit timely amendments may be cause for revocation of the storage limit extension. The storage plan must contain the following: (1) Names of the operator and owner, and the key employee responsible for operation of the site; (2) Describe the reason(s) for the storage limit extension; (3) Describe the manner in which the material will be stored; (4) Describe the manner in which activities are to be conducted at the facility during the period of the storage extension; (5) Specify maximum site design capacity including the assumptions, methods, and calculations performed to determine the total site capacity; (6) Provide information showing the types and the quantities of material to be stored. If tonnage was figured from records of cubic yards, include the conversion factor used; (7) Identify transfer, recovery and processing equipment to be used on site, including classification, capacity and the number of units; (8) Identify the planned method for final disposition of material stored at the site, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste. (c) Storage times at operations, facilities and recycling centers may be extended if an operator provides proof of financial assurance pursuant to Title 27, Chapter 6, Subchapter 1, section 22240 et seq. satisfactory to the board for cleanup of any operation, facility or recycling center. The amount of financial assurance shall be based on the cost estimate, in current dollars, for removal and disposal of the debris by a third party as directed by the EA. A Clean Up Plan including a cost estimate shall be prepared by the operator using form CIWMB 643 and approved by the EA. Notwithstanding, an operator is not required to provide proof of financial assurance if the third party cost to clean up the site, as identified by the operator and approved by the EA, is less than $5,000. Note: Authority Cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17384.1. Final Site Cleanup. All operations, facilities and recycling centers shall meet the following requirements: (a) The operator shall provide the EA with 30 days written notice of its intent to terminate operations and perform site restoration. (b) The operator shall provide site restoration necessary to protect public health, safety, and the environment. (c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service: (1) The site shall be cleaned of all solid waste and recycled materials including, but not limited to, construction and demolition and inert debris and other materials related to the operations. (2) All machinery shall be cleaned and removed or stored securely. (3) All remaining structures shall be cleaned of solid waste and recycled materials related to the operation. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17385. Pre-Existing Permits. (a) If an activity subject to this Article is existing under a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate until the operator applies for and obtains the appropriate permit or satisfies the requirements for notification, as applicable, as set forth in this Article. As set forth in section 17385(d), the EA shall notify the owner or operator what permit is required under this Article. The operator shall obtain the required permit or satisfy the requirements for notification in the same manner and within the same time frames as set forth in subsection 17385(b). For the purposes of this section, "existing" includes activities that are operating and activities that have not commenced operation but have received all local government land use approvals required under applicable law and have commenced physical development of the site or improvements on the site for purposes of the activity. (b) If an activity subject to this Article is existing and does not have a Registration Permit or Full Permit on the effective date of this Article, that activity may continue to operate in substantially the same manner until the EA determines what permit or other documentation is required for the activity under this Article and notifies the owner or operator in writing of its determination. The EA shall make that determination for all facilities and operations within its jurisdiction no sooner than 30 days and no later than 90 days from the effective date of this Article. If the EA determines that a Full Permit is required, the operator shall apply for and obtain that permit within 180 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that a Registration Permit is required, the operator shall apply for and obtain that permit within 60 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If the EA determines that EA notification under CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100, is required, the operator shall comply with the EA notification requirements within 30 days from the date the owner or operator receives the EA's written determination, whichever first occurs. If an activity subject to this Article fails to obtain the required permit or submit documentation for EA notification within the specified time, the EA shall take appropriate enforcement action. (c) Notwithstanding anything to the contrary in this Article, until that date which is two (2) years from the effective date of this Article (the "Temporary Permit Expiration Date") or any extension of such Temporary Permit Expiration Date, large volume CDI debris processing facilities which are existing on the effective date of this Article may elect to obtain and operate under a temporary Registration Permit pursuant to subsection (b) above, rather than a Full Permit. Operators of facilities so electing shall obtain temporary Registration Permits in the manner as set forth in subsection (b) above. Operators of large volume CDI debris processing facilities that receive temporary Registration Permits under this subsection (c) shall apply for a Full Permit no later than one (1) year from the date the owner or operator of the facility receives notification from the EA that a Full Permit is required under this Article, whichever first occurs, as provided in subsection (b) above, and shall obtain a Full Permit no later than the Temporary Permit Expiration Date. Notwithstanding, the Temporary Permit Expiration Date may be extended by one or more periods not exceeding a total of three (3) years by the EA (the last such extension is the "Extended Temporary Permit Expiration Date") in the event that the EA finds that an operator, for reasons beyond its control, has been unable to obtain a Full Permit despite having exercised good faith and due diligence in attempting to obtain such a permit. Registration Permits obtained under this subsection (c) are temporary and shall expire no later than the Temporary Permit Expiration Date or the Extended Temporary Permit Expiration Date, whichever is applicable. The Full Permit that the operator obtains shall supercede, and cause the expiration of, the facility's temporary Registration Permit obtained under this subsection (c). If any large volume CDI debris processing facility fails to obtain the required Full Permit within the specified time, the EA shall take appropriate enforcement action. (d) Waste handling activities which are existing on the effective date of this Article and which handle exclusively construction and demolition wastes, as defined in Section 17225.15 of Article 4 of this Chapter, that do not qualify as C&D debris under this Article shall obtain the appropriate permit as a transfer/processing operation or facility as provided in Articles 6.0 through 6.4, inclusive, of this Chapter. Notwithstanding, such activities shall obtain the necessary permits in the same manner and within the same time frames as if they were operations or facilities subject to this Article, as specified in this Section 17385, such that limited volume transfer operations (defined at section 17403.3) shall comply with EA notification requirements within 30 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, medium volume transfer/processing facilities (defined at section 17403.6) shall obtain a Registration Permit within 60 days from the date the owner or operator receives the written determination from the EA, whichever first occurs, and large volume transfer/processing facilities (defined at 17403.7) shall obtain a Full Permit within 180 days from the date the owner or operator receives the written determination from the EA, whichever first occurs. Large volume transfer/processing facilities which handle exclusively construction and demolition wastes may elect to obtain and operate under a temporary Registration Permit in the same manner, under the same procedures and subject to the same limitations as a large volume CDI debris processing facility under subsection 17385(c). If an activity subject to this subsection fails to obtain the required permit or submit documentation within the specified time, the EA shall take appropriate enforcement action. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17386. Operation Plans. (a) Each operator of a small volume CDI debris processing operation, inert debris processing operation Type A, or small volume C&D wood debris chipping and grinding operation that is required to obtain an EA Notification, as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 shall file with the EA, together with its EA Notification, an Operation Plan. The Plan shall contain the following: (1) Names of the operator and owner, and the key employee responsible for operation of the site; (2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; (3) Descriptive statement of the manner in which activities are to be conducted at the operation; (4) Days and hours that the business is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For businesses with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (5) Total acreage contained within the operating area; (6) Operation design capacity including the assumptions, methods, and calculations performed to determine the total capacity; (7) Information showing the types and the daily quantities of debris to be received (8) In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA. (9) Description of the methods used by the operation to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9; (10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; (11) Description of provisions to handle unusual peak loading; (12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; (13) Planned method for final disposition of debris received at the operation, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; (14) Planned method for the storage and removal of salvaged material; (15) Resume of management organization which will operate the operation; (16) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and (17) The operator shall retain a record of training and instruction completed in accordance with, Article 6.2, section 17410.3. (18) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). (19) Fire Prevention, Control and Mitigation Plan ("Plan") which contains the following: (A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; (B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; (C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; (D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; (E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. (F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. (b) The operator must file amendments as necessary to maintain the accuracy of the Plan. Failure to submit timely amendments may be cause for suspension or revocation of the EA Notification. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17387. Authority and Scope. (a) Article 5.95 sets forth permitting requirements, tier requirements, and minimum operating standards for operations and facilities that dispose construction and demolition (C&D) waste and inert debris. This Article is not applicable to operations and facilities that are wholly governed in regulations elsewhere in this Chapter or Title 27. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code (PRC), as amended. These regulations should be read together with the Act. (c) Nothing in this Article limits or restricts the power of any Federal, State, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict local governments from promulgating laws which are as strict or stricter than the regulations contained in this Article. However, no local government may promulgate laws which are inconsistent with the provisions of this Article. (d) No provision in this Article shall be construed as relieving any owner or operator from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, reports, or other requirements of other regulatory or enforcement agencies, including, but not limited to, local health agencies, Regional Water Quality Control Boards, Department of Toxic Substances Control, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17387.5. Purpose. (a) The purpose of this Article is to promote the health, safety and welfare of the people of the State of California, and to protect the environment by establishing minimum standards for the handling and disposal of C&D waste and inert debris at disposal sites. (b) By adopting these standards, the board hereby sets forth performance standards for disposal sites which dispose C&D waste and inert debris and which are of State concern, as required by PRC sections 43020 and 43021, and sets forth minimum substantive requirements for operator's submission of information concerning individual disposal sites. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388. Definitions. For the purposes of this Article, the following definitions shall apply. Additional definitions that apply to this Article are found at California Code of Regulations (CCR), Title 14, Division 7, Chapter 3, Article 6, sections 17402 and 17402.5, and Article 4, section 17225 and Title 27, Division 2, Chapter 2, Articles 1, and 2. (a) "C&D" means construction and demolition, as in the term "C&D waste". (b) "CDI" means any combination of construction and demolition waste and inert debris. (c) "Construction and Demolition Waste" or "C&D Waste" means the nonhazardous waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings and other structures. (d) "CDI Waste Disposal Facility" means a facility at which C&D waste, C&D waste together with inert debris (Type A or B) or inert debris (Type B) only is disposed. (e) "Disposal" means the final deposition of C&D waste or inert debris onto land. (f) "EA" means enforcement agency as defined in PRC section 40130. (g) "Engineered Fill Activity" means fill that has been designed by an engineer to act as a structural element of a constructed work and has been placed under engineering inspection, usually with density testing. An engineered fill activity shall meet specifications prepared and certified for a specific project by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California, and includes requirements for placement, geometry, material, compaction and quality control. (h) "Fill" means gravel, rock, soil, sand, uncontaminated concrete, or fully cured asphalt in conjunction with a construction project or grading. (i) "Fully Cured Asphalt" means that the material must be at ambient temperature, be substantially hardened and be inelastic. (j) "Grading" means any land excavation, filling, earth moving or combination thereof. (k) "Inert Debris" means solid waste and recyclable materials that are source separated or separated for reuse and do not contain hazardous waste (as defined in CCR, Title 22, section 66261.3 et. seq.) or soluble pollutants at concentrations in excess of applicable water quality. Inert debris may not contain any putrescible wastes. Gravel, rock, soil, sand and similar materials whether processed or not, that have never been used in connection with any structure, development, grading or other similar human purpose, or that are uncontaminated, are not inert debris. Such materials may be commingled with inert debris. (1) "Type A inert debris" includes but is not limited to concrete (including fiberglass or steel reinforcing bar embedded in the concrete), fully cured asphalt, crushed glass, fiberglass, asphalt or fiberglass roofing shingles, brick, slag, ceramics, plaster, clay and clay products. Type A inert debris is waste that does not contain soluble pollutants at concentrations in excess of water quality objectives and has not been treated in order to reduce such pollutants. The board, upon consultation with the State Water Resources Control Board, will determine on a case by case basis whether materials not listed in this subdivision qualify as Type A inert debris. The board and the State Water Resources Control Board may consider statewide and site-specific factors in making this determination. (2) "Type B inert debris" is solid waste that is specifically determined to be inert by the applicable RWQCB, such as treated industrial wastes and de-watered bentonite-based drilling mud, but excluding Type A inert debris. (l) "Inert Debris Engineered Fill Operation" means an activity exceeding one year in duration in which only the following inert debris may be used: fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil. Those materials are spread on land in lifts and compacted under controlled conditions to achieve a uniform and dense mass which is capable of supporting structural loading, as necessary, or supporting other uses such as recreation, agriculture and open space in order to provide land that is appropriate for an end use consistent with approved local general and specific plans (e.g., roads, building sites, or other improvements) where an engineered fill is required to facilitate productive use(s) of the land. Filling above the surrounding grade shall only be allowed upon the approval of all governmental agencies having jurisdiction. The engineered fill shall be constructed and compacted in accordance with all applicable laws and ordinances and in accordance with specifications prepared and certified at least annually by a Civil Engineer, Certified Engineering Geologist, or similar professional licensed by the State of California and maintained in the operating record of the operation. The operator shall also certify under penalty of perjury, at least annually, that only approved inert debris has been placed as engineered fill, and specifying the amount of inert debris placed as fill. These determinations may be made by reviewing the records of an operation or by on-site inspection. Certification documents shall be maintained in the operating records of the operation and shall be made available to the EA during normal business hours. Acceptance of other Type A inert debris or shredded tires pursuant to Waste Discharge Requirements prior to the effective date of this Article does not preclude an activity from being deemed an inert debris engineered fill operation, provided that the operation meets all the requirements of this Article once it takes effect. Where such materials have been deposited, the operator must specify in the operation plan the type of waste previously accepted, a diagram of the fill area, and estimations of the depth of the fill material previously accepted. Inert debris placed in an Inert Debris Engineered Fill Operation is not counted as diversion or disposal for a given jurisdiction. (m) "Inert Debris Type A Disposal Facility" means a site where only Type A inert debris is disposed to land. Inert debris Type A disposal facilities do not include inert debris engineered fill operations. (n) "Landslide Debris", for the purposes of this Article, means the soil or rock or other natural material deposited on roadways, bridge decks, flood control facilities, or other structures resulting from a naturally-occurring mass movement of earth or rocks from a mountain, hill, cliff, or road cut. (o) "Operating Record" means a readily accessible collection of records of an operation's or facility's activities in compliance with required State Minimum Standards under Title 14 and Title 27. The operating record shall include the operation plan for inert debris engineered fill operations, or the disposal facility plan or disposal facility report for facilities, and shall contain, but is not limited to: agency approvals, tonnage and load checking records, hours of operation, owner/operator contacts, and personnel training history. The record may be reviewed by State and local authorities and shall be made available during normal business hours. The records may be maintained at any location that is easily accessible to the EA. (p) "Putrescible Wastes" means solid wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes. (q) "RDSI" means Report of Disposal Site Information as described in CCR, Title 27, section 21600. (r) "RWQCB" means Regional Water Quality Control Board. (s) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing of those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated". (t) "Site" means the area where the handling of solid waste, and/or recyclable materials occurs at an operation or facility subject to this Article. (u) "Solid waste" means the same as in PRC section 40191. (v) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (w) "Vector" means any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.1. Regulatory Tiers Placement for CDI Waste and Inert Debris Disposal Operations and Facilities. Construction & Demolition and Inert Debris Tier Placement Excluded Full Solid Operations Waste Tier EA Facility Section 17388.2 Notification Registration Permit Inert Debris Inert Debris Inert Debris CDI Waste Engineered Fill Engineered Type A Disposal activity which Fill Disposal Facility D concludes Operations Facility Section I within Section Section 17388.5 S one year 17388.3 17388.4 P O Removal and S disposal of A landslide debris L Removal and disposal of sediment accumulated within irrigation or flood control facilities Road building, road repair, etc. Clean closed CDI waste disposal facilities Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.2. Excluded Activities. (a) The following disposal activities do not constitute C&D waste or inert debris operations or facilities for the purposes of this Article and are not required to meet the requirements set forth herein: (1) Any use (e.g., grading) of gravel, rock, soil, sand and similar, whether processed or not, that has never been used in connection with any structure, road, parking lot, or similar use. (2) Engineered fill activities which have local permits as required, and are carried out in conjunction with a construction project (e.g., building and other construction, bridge and roadway work, development of pathways or riding trails, etc), and which use uncontaminated concrete and/or fully cured asphalt which has been reduced in particle size to 2"or less as part of a recycling activity and concludes within two years from commencement. (3) Inert debris engineered fill activities which conclude within one year of commencement and that meet all requirements of section 17388.3 of this Article, except subsections (b) inspections, (c) Plan, (d) State Minimum Standards, (g) final cover, (h) scales and submittal of EA Notification. (4) Removal and disposal of landslide debris containing no C&D waste by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed in accordance with applicable law. (5) Removal and disposal of sediment which has accumulated within irrigation or flood control facilities and which contains no solid waste, by Federal, State and local government public works agencies and their contractors, provided that the material removed from such sites is disposed or otherwise handled in accordance with applicable law. (6) The use of fully cured asphalt, uncontaminated concrete (including steel reinforcing rods embedded in the concrete), crushed glass, brick, ceramics, clay and clay products, which may be mixed with rock and soil, in connection with road building, road repair, airport runway construction, bridge and roadway work, levee work, flood control work, and all associated activities by Federal, State and local government public works agencies and their contractors. (7) Existing C&D waste or inert debris disposal sites from which all waste and debris have been removed (clean closure) within one year after February 24, 2004, provided that the material removed from such sites is disposed in accordance with applicable law. The board may extend the time for clean closure by up to one year upon the applicant's showing of good cause for such extension. (b) Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity, or from taking any appropriate enforcement action, including the use of a Notice and Order. The burden of proof shall be on the owner or operator to demonstrate that the activity is excluded pursuant to this section. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.3. Inert Debris Engineered Fill Operations. Inert debris engineered fill operations shall submit EA Notifications, as set forth in CCR, Title 14, section 18100 et seq. and shall comply with all applicable RWQCB waste discharge requirements. (a) Each operator of an inert debris engineered fill operation shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its notification of intent to operate. (b) Inert debris engineered fill operations shall be inspected as necessary by the EA to verify compliance with State Minimum Standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is sufficient, but in no case shall the inspection frequency be less than annual. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (c) Each operator of an inert debris engineered fill operation shall file an "Operation Plan" (as specified in this Article, section 17390) with the EA together with its notification of intent to operate. The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in CCR, Title 14, section 18101. (d) All inert debris engineered fill operations shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Article 1 (Operating Criteria), and Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20515, 20640, 20880, and 20890). (e) By March 1 of each year, the operator shall report to the EA and the board the total amount of inert debris deposited during the previous year. However, the operator is not subject to the disposal reporting record requirements of Title 14 CCR, Division 7, Chapter 9, Article 9.2 or the disposal fee specified in PRC Section 48000 and Revenue and Taxation Code Section 45151. (f) All inert debris engineered fill operations, upon completion or cessation of fill activities for more than one year and upon any transfer of any part of the land subject to the operation prior to completion of fill activities, shall comply with the requirements in Title 27, Subsections 21170(a)(1,2 and, if applicable, 3). (g) Upon the final placement of waste at the site, the operator shall cover the site of fill with three feet of compacted soil above the fill area or with other final cover as determined by the EA. The EA may determine, on the basis of substantial evidence, that a lesser amount of final cover or no final cover is needed, based on potential impacts to the public health, safety and the environment. (h) If an inert debris engineered fill operation exceeds any combination of the following requirements three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for an EA Notification under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for an EA Notification, and the operator must within 30 days apply for a Full Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate. The requirements to which this subdivision applies are: 1. Disposal of any wastes not authorized by subsection 17388(l); 2. Failure to comply with the requirements for certification by an engineer specified in subsection 17388(l); 3. Failure to comply with requirements for operator certification of materials disposed in the fill as required in subsection 17388(l). (i) Inert debris engineered fill operations are not required to meet the notification requirements of this Article if the operation is occurring at a disposal facility that has a full solid waste facilities permit and the permit authorizes the activity either through a specific condition in the permit or as described and approved in the Report of Disposal Site Information. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.4. Inert Debris Type A Disposal Facilities. Inert debris Type A disposal facilities shall obtain Registration Permits and shall comply with the Registration Permit requirements as set forth in CCR, Title 14, Division 7, Chapter 5.0, Article 3.0 (commencing at section 18100), with the following requirements set out in CCR, Title 27, Division 2, Chapter 4, Subchapter 3, Article 2 (commencing at section 21570) in the same manner as if they were municipal solid waste landfills, CCR, Title 14, Division 7, Chapter 9, and with all RWQCB waste discharge requirements. (a) Each operator of an inert debris Type A disposal facility shall submit a copy of its waste discharge requirements or a letter of exemption from the applicable RWQCB to the EA together with its application for a Registration Permit. (b) Inert debris Type A disposal facilities shall be inspected monthly by the EA in accordance with PRC 43218. To the greatest extent possible, all inspections shall be unannounced and shall be conducted at irregular intervals. (c) Each operator shall file with the EA, together with its application for a solid waste facilities permit, a Disposal Facility Plan (as more fully described in Chapter 5, Article 3.2, section 18223.6). (d) Each operator must comply with the closure and postclosure maintenance requirements of Title 27, CCR, Division 2, Subchapter 5, Article 2 (commencing with section 21099). (e) Each operator must comply with the financial assurance requirements for closure and postclosure maintenance, operating liability and corrective action set forth in Title 27 CCR, Division 2, Chapter 6 (commencing at section 22200). (f) The EA shall comply with the Enforcement Agency Requirements of Title 27 CCR, Division 2, Chapter 4, Subchapter 3, Article 3, commencing with section 21650. (g) Inert debris Type A disposal facilities shall maintain disposal reporting records and comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at section 18800. (h) Inert debris Type A disposal facilities shall comply with the State Minimum Standards set forth in Title 27 CCR, Division 2, Chapter 3.0, Subchapter 4, Articles 1 (Operating Criteria), Article 3 (Handling, Equipment and Maintenance), and Article 4 (Controls) (except sections 20880 and 20890). (i) Each operator shall determine the weight of all material received at the facility for disposal and shall maintain records of the weight of materials as required herein. Until February 24, 2005, weight of material shall be determined by a conversion factor authorized by the EA for each waste type received. After that date, weight shall be determined by the use of scales, which may be located at the operation or off-site. Notwithstanding, operations in a rural city or a rural county, as defined in PRC sections 40183 and 40184, and operations that will cease activities within three years from February 24, 2004, as reflected in their Operation Plan may determine the weight of materials received by use of conversion factors authorized by the EA for each waste type or combination thereof received. Evidence of the accuracy of the conversion factors shall be provided to the EA annually. (j) If an inert debris Type A disposal facility accepts for disposal any waste not authorized by, or pursuant to, Subsection 17388(k)(1) three (3) or more times within any two (2) year period which the EA determines constitutes a violation of this Article, the facility no longer qualifies for a Registration Permit under this section. Upon the third such violation, the EA shall notify the operator in writing that the facility no longer qualifies for a Registration Permit, and the operator must within 30 days apply for a Full Permit as if it were a CDI Waste Disposal Facility pursuant to Section 17388.5. In addition, the EA shall issue a cease and desist order pursuant to Section 18304 directing, among other things, that the operator immediately cease accepting material at the site until the operator has demonstrated to the EA that it has corrected the violation and eliminated the cause of the violation. Notwithstanding, the EA may at any time take any additional enforcement action the EA deems appropriate. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.5. CDI Waste Disposal Facilities. CDI waste disposal facilities shall obtain full solid waste facilities permits and shall comply with all requirements promulgated by the board as set forth in CCR, Title 27, Division 2 in the same manner as if they were municipal solid waste landfill units. (a) CDI waste disposal facilities shall maintain disposal reporting records and shall comply with the requirements set forth in Title 14 CCR, Division 7, Chapter 9, Article 9.2 (Disposal Reporting System), commencing at section 18800. (b) Each operator shall determine the weight of all material received at the facility for disposal and shall maintain records of the weight of materials as required herein. Until February 24, 2005, weight of material shall be determined by a conversion factor authorized by the EA for each waste type received. After that date, weight shall be determined by the use of scales, which may be located at the operation or off-site. Notwithstanding, operations in a rural city or a rural county, as defined in PRC sections 40183 and 40184, and operations that will cease activities within three years from February 24, 2004, as reflected in their Operation Plan may determine the weight of materials received by use of conversion factors authorized by the EA for each waste type or combination thereof received. Evidence of the accuracy of the conversion factors shall be provided to the EA annually. (c) To the greatest extent possible, all site inspections shall be unannounced and shall be conducted at irregular intervals. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17388.6. Public Hearing. (a) Provided that a comparable public hearing has not been held within the year preceding the EA's receipt of a complete and correct application, the EA shall hold an informational public hearing on an application for a Registration Permit or a Full Permit required under this Article. The EA may require the operator(s) of the facility or facilities that are the subject of the hearing to pay all costs incurred by the EA in connection with the hearing. The hearing may be combined with another hearing in which the EA participates that meets the criteria in this section. In the case of an application for a Full Permit, the hearing shall be held before the EA submits the proposed permit to the board for concurrence. In the case of an application for a Registration Permit, the hearing shall be held before the EA issues the permit. The EA shall submit to the board a statement that the hearing required by this section was held, in the case of a Full Permit, at the time the EA submits the proposed permit to the board for concurrence, or, in the case of a Registration Permit, at the time the EA submits a copy of the permit it has issued. (b) The hearing shall meet the following criteria: 1. Notice of the hearing shall be given pursuant to Government Code Section 65091, subdivisions (a)-(c), inclusive. 2. Notice of the hearing shall also be given to the governing body of the jurisdiction within which the facility is located and to the State Assembly Member and the State Senator in whose districts the facility is located. 3. The hearing shall be held in a suitable location not more than five (5) miles from the facility that is the subject of the hearing; provided that, if no suitable location exists within five (5) miles of the facility, as determined by the EA, the EA may designate an alternative suitable location that is as close to the facility as reasonably practical. 4. The hearing shall be held on a day and at a time that the EA determines will enable attendance by residents living in the vicinity of the facility that is the subject of the hearing. (c) EAs may undertake additional measures to extend public notice and to encourage attendance by any persons who may be interested in the facility that is the subject of the hearing. Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17389. Record Keeping Requirements for Operations. All operations shall meet the following requirements: (a) All records required by this Article shall be maintained in a single accessible location for at least three (3) years and shall be available for inspection by authorized representatives of the board, EA, local health agency, and other duly authorized regulatory and enforcement agencies during normal working hours. (b) The operator shall maintain a daily log book or file describing special occurrences and methods used to resolve problems arising from these events, including details of all incidents requiring the implementation of emergency procedures. Special occurrences shall include, but are not limited to: receipt or rejection of prohibited wastes, fires, accidents, injury and property damage, flooding, earthquake damage and other unusual occurrences. The operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment. (c) The operator shall document any written and oral complaints received from the public, including the nature of the complaint, the date the complaint was received, the name, address, and telephone number of the person or persons making the complaint (if available), and any actions taken to respond to the complaint. (d) The operator shall maintain an operating record which shall include, among other things, records of incoming weights or volumes and outgoing salvage or residual weights or volumes shall be kept in a form or manner approved by the EA. Such records shall be adequate for overall planning and control purposes, and be as current and accurate as practicable. These records shall be provided to the EA or the board upon request. (e) The operator shall record the number of load checks performed and loads rejected. (f) The operator shall maintain a copy of the written notice to the EA and local health agency specifying the names, addresses, and telephone numbers of the operator or other persons responsible for the operation. (g) The operator shall maintain records of employee training. (h) If gas monitoring is conducted at the operation, the operator shall maintain records of all gas monitoring as available and as required. (i) If water monitoring is conducted at the operation, the operator shall maintain records of all water monitoring as available and appropriate as required. [Note: Record-keeping requirements for facilities subject to this Article are found at and Title 27, Division 2, Chapter 3, Article 1, section 20510.] Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17390. Operation Plan. Each operator of an Inert Debris Engineered Fill Operation, together with its notification of intent to operate filed pursuant to section 17388.3 of this Article, shall file with the EA an Operation Plan. The operator must file amendments as necessary to maintain the accuracy of the Plan. A Plan shall contain the following: (a) Name(s) of the operator, owner, and the company they represent, if applicable; (b) Scaled schematic drawing of the buildings and other structures showing layout and general dimensions of the operations area, including but not limited to, unloading, storage, loading, and parking areas; (c) Descriptive statement of the manner in which activities are to be conducted at the operation; (d) Days and hours of operation. If the hours of waste receipt differ from the hours of material processing, each schedule may be stated. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (e) Total acreage contained within the operating or fill areas; (f) Design capacity, including the assumptions, methods, and calculations performed to determine the total capacity; (g) Information indicating the types and daily quantities of waste or debris to be received. If tonnage is determined from records of cubic yardage, include the conversion factor used in the calculation; (h) Description of methods used by the operation to comply with each State Minimum Standard; (i) Anticipated volume of quench or process water and the planned method of treatment and disposal of any wastewater; (j) Description of provisions to handle unusual peak loading; (k) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units. (l) Planned method for final placement of the solid waste; (m) Planned method for the storage and removal of salvaged material. (n) Resume of management organization that will operate the site. (o) A description of road building and seasonal tipping pad design. (p) A description of a program to prevent the acceptance of unapproved materials and hazardous wastes. (q) A description of the planned method for storage and removal of prohibited wastes. (r) A general description of the proposed final productive use(s), if any, of the fill area. The description shall specify generally what area(s) within the boundaries of the operation will be capable of supporting a structure upon closure. (s) The compaction standards for density and design, if any. (t) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 17400. Authority and Scope. (a) Articles 6.0, 6.1, 6.2, 6.3, and 6.35 set forth permitting requirements and minimum operating standards for operations and facilities that receive, store, handle, recover, transfer, or process solid waste which are subject to the requirements of these Articles. The regulatory tier requirements of sections 17403 through 17403.9 are not applicable to operations and facilities that are subject to regulations elsewhere in this Chapter, including but not limited to, Article 5.6 (commencing at section 17360); and in Chapter 3.1 (commencing with section 17850). Activities placed within the excluded tier in other parts of this Division, may still be subject to these regulatory requirements. (b) These Articles are adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (c) These Articles implement those provisions of the Act relating to receipt, storage, handling, recovery, transfer, or processing of solid waste. Nothing in these Articles limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities and counties from promulgating laws which are as strict or stricter than the regulations contained in these Articles. However, no city or county may promulgate laws which are inconsistent with the provisions of these Articles. (d) No provision in these Articles shall be construed as relieving any owner, operator, or designee from obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local heath agencies, regional water quality control boards, Department of Toxic Substances Control, California Department of Industrial Relations, Division of Occupational Safety and Health, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. (e) No provision in these Articles is intended to require the owner or operator of an operation to comply with the Enforcement Agency Notification requirements, or the owner or operator of a facility to obtain a tiered permit in accordance with Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0, 3.0 and 3.1 of the California Code of Regulations (commencing with section 21570) et seq. and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100); if that owner or operator already has a valid full solid waste facility permit and, that permit authorizes the transfer/processing operation or facility. (f) Notwithstanding subsection (a) of this section, if a Chipping and Grinding Operation or Facility, as defined in section 17852(k) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(u) of this Division, the operation or facility: (1) shall be subject to these regulatory requirements, (2) shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5, and (3) shall not qualify as an excluded operation as set forth in section 17403.1. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17401. Applicability of Standards. s 17402. Definitions. (a) For the purposes of these Articles: (1) "Contact Water" means water that has come in contact with waste and may include leachate. (2) "Covered Container" means a container that is covered to prevent the migration of litter from the container, excessive infiltration of precipitation, odor and leachate production, and to prevent access by animals and people; thereby controlling litter, scavenging, and illegal dumping of prohibited wastes. Covers may include, but are not limited to, tarpaulins or similar materials. (3) "Direct Transfer Facility" means a transfer facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 150 tons of solid waste and meets all of the following requirements: (A) is located on the premises of a duly licensed solid waste hauling operator; (B) only handles solid waste that has been placed within covered containers or vehicles prior to entering the facility and that is transported in vehicles owned or leased by that same operator; (C) the facility does not handle, separate, or otherwise process the solid waste; (D) no waste is stored at the facility for more than any 8-hour period; (E) solid waste is transferred only once and directly from one covered container or vehicle to another covered container or vehicle so that the waste is never put on the ground or outside the confines of a container or vehicle, before, during, or after transfer. Direct transfer would not include top loading trailers where the solid waste actually leaves the confines of the collection vehicle and is suspended in air before falling into a transfer vehicle; (F) all of the contents of the original transferring container or vehicle must be emptied during a single transfer; and (G) any waste that may unintentionally fall outside of the containers or vehicles, is promptly cleaned up and replaced within the container or vehicle to which it was being transferred. (4) "DTSC" means Department of Toxic Substances Control. (5) "EA" means enforcement agency as defined in PRC section 40130. (6) "Emergency Transfer/Processing Operation" means an operation that is established because there has been a proclamation of a state of emergency or local emergency, as provided in Title 14, Division 7, Chapter 3, Article 3, sections 17210.1 (j) and (k) and which meets all of the following requirements: (A) the operation handles only disaster debris and other wastes, in accordance with section 17210.1(d), during the disaster debris recovery phase; and (B) the location does not currently have a solid waste facility permit; (C) if the operation accepts, processes, or stores hazardous or household hazardous waste, then these activities must be in compliance with DTSC standards or standards of other appropriate authorities or agencies. (7) "Hazardous Wastes" means any waste which meets the definitions set forth in Title 22, section 66261.3, et seq. and is required to be managed. (8) "Large Volume Transfer/Processing Facility" means a facility that receives 100 tons or more of solid waste per operating day for the purpose of storing, handling or processing the waste prior to transferring the waste to another solid waste operation or facility. (A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA. (B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor. (9) "Limited Volume Transfer Operation" means an operation that receives less than 60 cubic yards, or 15 tons of solid waste per operating day for the purpose of storing the waste prior to transferring the waste to another solid waste operation or facility and which does not conduct processing activities, but may conduct limited salvaging activities and volume reduction by the operator. (A) In determining the tonnage of solid waste received by the operation, the following materials shall not be included: materials received by a recycling center located within the operation, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA. (B) If the operation does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor. (10) "Litter" means all solid waste which has been improperly discarded or which has migrated by wind or equipment away from the operations area. Litter includes, but is not limited to, convenience food, beverage, and other product packages or containers constructed of steel, aluminum, glass, paper, plastic, and other natural and synthetic materials, thrown or deposited on the lands and waters of the state. (11) "Medium Volume Transfer/Processing Facility" means a facility that receives equal to or more than 60 cubic yards or 15 tons (whichever is greater) of solid waste per operating day but less than 100 tons of solid waste, for the purpose of storing or handling the waste prior to transferring the waste to another solid waste operation or facility; or a facility that receives any amount of solid waste, up to 100 tons per operating day, for the purpose of processing solid waste prior to transferring the waste to another solid waste operation or facility. (A) In determining the tonnage of solid waste received by the facility, the following materials shall not be included: materials received by a recycling center located within the facility, and by beverage container recycling programs in accordance with Public Resources Code sections 14511.7, 14518, or 14520, if the recycling activities are separated from the solid waste handling activities by a defined physical barrier or where the activities are otherwise separated in a manner approved by the EA. (B) If the facility does not weigh the solid waste received, then the tonnage shall be determined by using a volumetric conversion factor where one cubic yard is equal to 500 pounds. The EA shall approve an alternate conversion factor if the operator demonstrates that it is more accurate than the required conversion factor. (12) "Nuisance" includes anything which: (A) is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and (B) affects at the same time an entire community, neighborhood or any considerable number of persons. The extent of annoyance or damage inflicted upon an individual may be unequal. (13) "On-site" means located within the boundary of the operation or facility. (14) "Open burning" means the combustion of solid waste without: (A) control of combustion air to maintain adequate temperature for efficient combustion, (B) containment of the combustion reaction in an enclosed device to provide sufficient residence time and mixing for complete combustion, and (C) control of the emission of the combustion products. (15) "Operating day" means the hours of operation as set forth in the application, Enforcement Agency Notification and/or permit not exceeding 24 hours. (16) "Operating Record" means an easily accessible collection of records of an operation's or facility's activities and compliance with required state minimum standards under Title 14. The Record may include the Facility Plan or Transfer/Processing Report for facilities, and shall contain but is not limited to containing: agency approvals, tonnage and loadchecking records, facility contacts and training history. The record may be reviewed by state and local authorities and shall be available during normal business hours. If records are too voluminous to place in the main operating record or if the integrity of the records could be compromised by on-site storage, such as exposure to weather, they may be maintained at an alternative site, as long as that site is easily accessible to the EA. (17) "Operations Area" means: (A) the following areas within the boundary of an operation or facility as described in the permit application or Enforcement Agency Notification: (i) equipment management area, including cleaning, maintenance, and storage areas; and (ii) material and/or solid waste management area, including unloading, handling, transfer, processing, and storage areas. (B) the boundary of the operations area is the same as the permitted boundary but may or may not be the same as the property boundary. (18) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, that is listed in the permit application or Enforcement Agency Notification, is legally responsible for all of the following: (A) complying with regulatory requirements set forth in these Articles; (B) complying with all applicable federal, state and local requirements; (C) the design, construction, and physical operation of the operations area; (D) controlling the activities at an operation or facility as listed on the permit application or Enforcement Agency Notification. (19) "Owner" means the person or persons who own, in whole or in part, an operation or facility, and/or the land on which it is located. (20) "Processing" means the controlled separation, recovery, volume reduction, conversion, or recycling of solid waste including, but not limited to, organized, manual, automated, or mechanical sorting, the use of vehicles for spreading of waste for the purpose of recovery, and/or includes the use of conveyor belts, sorting lines or volume reduction equipment. Recycling Center is more specifically defined in section 17402.5 (d) of this Article. (21) "Putrescible Wastes" include wastes that are capable of being decomposed by micro-organisms with sufficient rapidity as to cause nuisances because of odors, vectors, gases or other offensive conditions, and include materials such as, but not limited to food wastes, offal and dead animals. The EA shall determine on a case-by-case basis whether or not a site is handling putrescible wastes. (22) "Regulated Hazardous Waste" means a hazardous waste, as defined in section 66260.10 of Division 4.5 of Title 22. (23) "RWQCB" means the Regional Water Quality Control Board. (24) "Salvaging" means the controlled separation of solid waste material which do not require further processing, for reuse or recycling prior to transfer activities. (25) "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials. (26) "Sealed Container Transfer Operation" means a transfer operation that meets the following requirements: (A) handles only solid waste that has previously been placed within containers that have either a latched, hard top or other impermeable cover which is closed tightly enough to: (1) prevent liquid from infiltrating into or leaking out of the container; and (2) prevent the propagation and migration of vectors; and, (i) the solid waste remains within the unopened containers at all times while on-site; and, (ii) the containers are not stored on-site for more than 96 hours. Sealed container transfer operations do not include operations excluded by Public Resources Code section 40200(b)(3). (27) "Special Waste" includes but is not limited to: (A) waste requiring special collection, treatment, handling, storage, or transfer techniques as defined in Title 22, section 66260.10. (B) waste tires and appliances requiring CFC removal. (28) "Spotter" means an employee who conducts activities that include, but are not limited to, traffic control, hazardous waste recognition and removal for proper handling, storage and transport or disposal, and protection of the public from health and/or safety hazards. (29) "Store" means to stockpile or accumulate for later use. (30) "Transfer/Processing Facility" or "Facility" includes: (A) those activities governed by the Registration Permit tier or Full Solid Waste Facility Permit requirements (as specified in sections 17403.6 and 17403.7); and, (B) which: 1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or 2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or 3. store solid waste; (C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste facility does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations. (D) "Transfer/Processing Facilities" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850). (31) "Transfer/Processing Operation" or "Operation" includes: (A) those activities governed by the EA Notification tier requirements; and, (B) which: 1. receive, handle, separate, convert or otherwise process materials in solid waste; and/or 2. transfer solid waste directly from one container to another or from one vehicle to another for transport; and/or 3. store solid waste; (C) The receipt of separated for reuse material pursuant to Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, located within a solid waste operation does not constitute solid waste handling, or processing, if there is a defined physical barrier to separate recycling activities defined in Public Resources Code, Division 12.1, Chapter 2, sections 14511.7, 14518, or 14520, from the solid waste activities, or where the recycling and solid waste activities are considered by the EA as separate operations. (D) "Transfer/Processing Operations" do not include activities specifically defined in section 17402.5(c) of this Article, and operations and facilities that are subject to regulations in Chapter 3.1 (commencing with section 17850). (32) "Volume Reduction" means techniques such as: compaction, shredding, and baling. (33) "Waste Hauling Yard Operation" is an operation that meets the following requirements: (A) is located on the premises of a duly licensed solid waste hauling operator, who receives, stores, or transfers waste as an activity incidental to the conduct of a refuse collection and disposal business, and; (B) handles only solid waste that has been placed within a covered container before the container arrives at the waste hauling yard, and; (C) no more than 90 cubic yards of waste is stored on-site in covered containers at any time, and; (D) the solid waste remains within the original covered containers while on-site at any times, and; (E) the covered containers are not stored on-site for more than any 72 hour period; (F) if the EA has information that the operation does not meet these requirements, the burden of proof shall be on the owner or operator to demonstrate that the requirements are being met. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17402.5. Definitions and Related Provisions Regarding Activities That Are Not Subject to the Transfer/Processing Regulatory Requirements. (a) This section sets forth definitions and related provisions regarding activities that are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. (1) Activities that are not in compliance with the applicable definitions and related provisions of this section shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. (2) The definitions and related provisions of this section are for use only to determine the applicability of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. (b) The following general definitions may apply to one or more of the activities that are more specifically defined in subdivisions (c) and (d) of this section. (1) "Residual" means the solid waste destined for disposal, further transfer/processing as defined in section 17402(a)(30) or (31) of this Article, or transformation which remains after processing has taken place and is calculated in percent as the weight of residual divided by the total incoming weight of materials. (2) "Reuse" means the use, in the same, or similar, form as it was produced, of a material which might otherwise be discarded. (3) "Separated for Reuse" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace, and includes materials that have been "source separated". (4) "Source Separated" means materials, including commingled recyclables, that have been separated or kept separate from the solid waste stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace. (c) Activities included in one of the following definitions are not subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter, provided that these activities do not include the acceptance of solid waste which has not been separated for reuse. If an activity defined in this section is accepting solid waste which has not been separated for reuse, it must meet the requirements of subdivision (d) of this section or else it shall be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. (1) "Auto Dismantler" means a person or business entity engaged in the business of buying, selling, or dealing in vehicles including nonrepairable vehicles, for the purpose of dismantling the vehicles, buying or selling the integral parts and component materials thereof, in whole or in part, or dealing in used motor vehicle parts pursuant to California Vehicle Code, section 220. (2) "Auto Shredder" or "Metal Shredder" means a person or business entity that accepts scrap metal, typically automobiles and white goods, and mechanically rends that scrap metal into fist sized bits and pieces and separates the ferrous metals, nonferrous metals and other materials for the purpose of recycling. (3) "Buy Back Center" means a person or business entity engaging in those activities defined in Public Resources Code Sections 14518, or 14520. (4) "Drop-off Center" means a person or business entity engaging in those activities defined in Public Resources Code Section 14511.7. (5) "Manufacturer" means a person or business entity that uses new or separated for reuse materials as a raw material in making a finished product that is distinct from those raw materials. (6) "Regional Produce Distribution Center" means a distribution center that receives unsold produce (sometimes referred to as "pre-consumer") back from stores to which it originally sent the produce, for the purpose of transferring this produce to a compost operation or facility, or to a beneficial use. A regional produce distribution center would not include a site where produce is processed. (7) "Rendering Plant" means a person or business entity where dead animals or any part or portion thereof, vegetable oils, or packing house refuse, are processed for the purpose of obtaining the hide, skin, grease residue, or any other byproduct whatsoever. (8) "Reuse Salvage Operation" means a person or business entity which sterilizes, dismantles, rebuilds, or renovates, nonputrescible separated-for-reuse materials, and that recovers for recycling or reuse distinct material types that have not been commingled with other materials before they enter the waste stream. Examples of this activity include, but are not limited to, wire choppers, and dismantlers of furniture and mattresses, and "brown goods" such as computer equipment, VCRs, and televisions. (9) "Scrap Metal Recyclers and Dealers" means a person or business entity including all employees of the person or business entity, (except automotive recyclers and auto shredders as defined in this section), whose primary business is the purchasing; processing by shredding, shearing, baling, and torching; trading, bartering or otherwise receiving secondhand or castoff metal material which includes ferrous metals, nonferrous metals, aluminum scrap, auto bodies, major appliances and other metals, including containers that are regulated pursuant to Public Resources Code Sections 14511.7, 14518 or 14520. (10) "Wire Chopper" means a person or business entity which uses source separated metal components or wire for the purpose of recycling or reuse. (11) "Wood, Paper or Wood Product Manufacturer" means a person or business entity that uses separated for reuse paper or woody materials in order to produce a finished product able to be used as is, or to manufacture another product such as, boxes or boards, without further processing. (d) A "Recycling Center" means a person or business entity that meets the requirements of this subdivision. A recycling center shall not be subject to the requirements of Articles 6.0, 6.1, 6.2, 6.3 and 6.35 of this Chapter. (1) A recycling center shall only receive material that has been separated for reuse prior to receipt. (2) The residual amount of solid waste in the separated for reuse material shall be less than 10% of the amount of separated for reuse material received by weight. (A) The residual amount is calculated by measuring the outgoing tonnage after separated for reuse materials have been removed. (B) The residual amount is calculated on a monthly basis based on the number of operating days. (3) The amount of putrescible wastes in the separated for reuse material shall be less than 1% of the amount of separated for reuse material received by weight, and the putrescible wastes in the separated for reuse material shall not cause a nuisance, as determined by the EA. (A) The amount of putrescible wastes is calculated in percent as the weight of putrescible wastes divided by the total incoming weight of separated for reuse material. (B) The amount of putrescible wastes is calculated on a monthly basis based on the number of operating days. (4) The only separation that may occur at the recycling center is the sorting of materials that have been separated for reuse prior to receipt. (5) The recycling center may include an adjustment in the calculation to include the weight of water in the residual, when the use of water is essential to the sorting or processing of the material, provided that such an adjustment is also made in the weight of materials received for processing. (6) The following materials shall not be included in calculating residual as set forth in subdivision (d)(2) of this section, if the recycling activities are separated from the material handling activities noted below by a defined physical barrier or where the activities are otherwise separated in a manner that the EA determines will keep the materials from being commingled: (A) materials received at an on-site Buy Back Center; (B) materials received at an on-site Drop-off Center; (C) cannery waste; (D) construction and demolition materials; (E) nonhazardous contaminated soil; (F) grease-trap pumpings; (G) nonhazardous asbestos; (H) nonhazardous ash; (I) compost and compost feedstock; (J) sewage sludge; (K) tires. (7) If the EA has information that material that is being received is not separated for reuse or source separated, that the residual is 10% or more of the total per month, or that the amount of putrescible wastes is 1% or more of the total per month, the burden of proof shall be on the owner or operator to demonstrate otherwise. (A) A business that accepts loads of material that are not separated for reuse or source separated does not qualify as a recycling center. (B) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the averaging or combining of those loads with other loads of separated for reuse material, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste. (C) If the EA has reason to believe that a business is accepting material that is not separated for reuse or source separated due to the separation of portions of the material at consecutive sites, each of which removes less than 10% residual, the burden of proof will be on the business to demonstrate that it is not accepting loads of mixed solid waste. (D) If the EA determines that a business has exhibited a pattern and practice of failing to comply with the provisions of this subsection, the EA may issue a Notice and Order requiring the business to obtain a Registration Permit or Full Permit or comply with the Enforcement Agency Notification requirements as made applicable in sections 17403 through 17403.7 of this Article. (E) At the time that the EA requires a recycling center to provide evidence that it is in compliance with this subdivision, the EA shall provide the recycling center with a written description of the information that has caused the EA to believe that the recycling center is not in compliance. Nothing in this requirement is intended to require the EA to identify the name or other identifying information regarding any individual(s) who have complained about the recycling center. (F) Nothing in this section precludes the enforcement agency or the board from the following: inspecting a business to verify that it is conducted in a manner that meets the provisions of this subsection; or, from taking any appropriate enforcement action, including the use of a Notice and Order as provided in Section 18304. (8) Operations which do not meet the 10% residual percentage in subdivision (d)(2) of this section but which qualify as a Limited Volume Transfer Operation, shall comply with the requirements of section 17403.3 within one month of March 5, 1999. (9) recycling center operators may voluntarily report their residual percentage to the EA and the CIWMB using form CIWMB 607 (located in Appendix A). (10) If the EA determines that a person or business entity purporting to operate a recycling center is not in compliance with this subsection and issues an enforcement order, that person or business entity may appeal that order in accordance with Public Resources Code section 44307. (e) If a Chipping and Grinding Operation or Facility, as defined in section 17852(a)(10) of this Division, handles material that fails to meet the definition of green material due to contamination as set forth in section 17852(a)(21) of this Division, the operation or facility shall not be considered to be a recycling center as set forth in subsections (c) or (d) of section 17402.5. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.0. Regulatory Tiers Requirements for Transfer/Processing Operations and Facilities. Sections 17403.1 through 17403.7 set forth the regulatory tier requirements (Title 14, Division 7, Chapter 5.0, Article 3.0, commencing with section 18100 or Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3 and 3.1 of the California Code of Regulations (commencing with section 21570) that apply to specified types of transfer/processing operations and facilities. These requirements are summarized in Table 1. Table 1 Transfer/Processing Operations and Facilities Placement into the Regulatory Tiers Not Subject to Excluded Tier Enforcement Registration Full Solid Articles Agency Permit Tier Waste Facility 6.0, 6.1, 6.2, Notification Permit 6.3 and 6.35 Tier • Auto Dismantler • Locations • Emergency • Medium • Large Section where <15 Volume Volume 17402.5(c)(1) cubic yards of Transfer/Pro- Transfer/Proc- Transfer/- cessing essing Process- ing combined Operations Facility Facility container Section Section Section 17403.6 17403.7 •Auto Shredder volume is 17403.5 Operations provided to Section serve as multi-- •Direct 17402.5(c)(2) residence Transfer Facility receptacles for •Sealed Section Container 17403.4 •Buy Back Centers residential Transfer refuse at the Operations Section place of Section 17402.5(c)(3) generation. 17403.2 Section 17403.1(a)(1) •Drop-off Centers •Limited Volume Section •Locations where Transfer 17402.5(c)(4) <15 Operations cubic yards of Section 17403.3 •Manufacturers combined Section container volume 17402.5(c)(5) is handled for recycling. Section 17403.1(a)(2) •Recycling Centers Section 17402.5(d) •Storage receptacle at the place of generation •Rendering Plants for waste from Section multi- 17402.5(c)(6) residential buildings or for commercial solid wastes •Reuse Salvage Section Operations 17403.1(a)(3) (includes furniture and mattress •Containers used dismantlers and to demanufacturers) store construction or Section demolition 17402.5(c)(7) wastes at the place of generation. Section 17403(a)(4) •Scrap Metal Recyclers and Dealers Section •Containers used 17402.5(c)(8) to store salvaged materials. •Wire Choppers Section Section 17403.1(a)(5) 17402.5(c)(9) •Waste Hauling Yard •Wood, Paper, or Operations. Wood Section Product 17403.1(a)(6) Manufacturer Section •Storage of 17402.5(c)(10) Other Wastes. Section 17403(1)(a)(7) Note: There are no operations or facilities placed within the Standardized tier. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.1. Excluded Operations. (a) The following operations do not constitute transfer operations or facilities for the purposes of these Articles and are not required to meet the requirements set forth herein: (1) Locations where 15 cubic yards or less of combined container volume is provided to serve as multi-residence receptacles for residential refuse and are located at the place of generation; or (2) Locations where 15 cubic yards or less of combined container volume of separated for reuse material is handled for recycling; or (3) Storage receptacles at the place of generation for waste from multi-residential buildings or for commercial solid wastes at the place of generation; or (4) Containers used to store construction or demolition wastes at the place of generation; or (5) Containers used to store salvaged materials; or (6) Waste Hauling Yard Operations; or (7) Storage and handling of any of the following wastes: (A) Municipal solid waste removed from seagoing vessels that is quarantined in accordance with 7 Code of Federal Regulations section 330.400 and 9 Code of Federal Regulations section 94.5; (B) Controlled substances confiscated by law enforcement agencies, including, but not limited to seized narcotics and other contraband; (C) Agricultural wastes with possible pest contamination; (D) Dead animals with possible infectious diseases; (E) U.S. Currency which must be destroyed; or (F) Confidential records destruction, including microfiche, and microfilm; (G) As determined by the EA, other discrete waste streams that are already subject to stricter handling requirements under Federal or State law. (b) Nothing in this section precludes the EA from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies it as an excluded operation or from taking any appropriate enforcement action. The burden of proof shall be on the owner or operator to demonstrate that the operations are excluded pursuant to this section. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.2. Sealed Containers Transfer Operations. All sealed container transfer operations subject to this Article shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of California Code of Regulations (commencing with section 18100). These operations shall be inspected by the EA, as necessary to verify compliance with minimum standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is necessary, but in no case shall the frequency be less than annual. The operator shall specify the operation's boundary area in the operating record. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.3. Limited Volume Transfer Operations. All limited volume transfer operations subject to this Article shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18100). These operations shall be inspected by EA as necessary to verify compliance with minimum standards. Inspections shall be conducted quarterly, unless the EA determines a lesser frequency is necessary, but in no case shall the frequency be less than annual. The operator shall specify the operation's boundary area in the operating record. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.4. Direct Transfer Facility. All direct transfer facilities subject to this Article shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA in accordance with PRC section 43218. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.5. Emergency Transfer/Processing Operations. (a) All emergency transfer/processing operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18100). These operations shall be inspected by the EA as necessary to verify compliance with minimum standards, but in no case shall the frequency be less than monthly. The operator shall specify the operation's boundary area in the operating record. (b) In addition, the emergency transfer/processing operations shall meet the following requirements: (1) the land owner has certified his/her knowledge of the proposed activity and agrees to ensure proper termination, and; (2) The operation shall not exist for a period of time greater than 120 days from the date that the Enforcement Agency Notification is received by the EA. Upon receipt of the reports required by section 17210.5, the operation may continue for an additional period as specified by the EA to assist in the recovery and clean-up as necessary from a state or local emergency. (c) The emergency transfer/processing operation shall cease operation should the EA determine that any of the following occurs: (1) the emergency transfer/processing operation is not being used exclusively to handle the state or local emergency; (2) the emergency transfer/processing operation is no longer necessary in accordance with section 17210.2 of this Division; (3) the use of the emergency transfer/processing operation will cause or contribute to a public health and safety or environmental problem; (4) the operator is not utilizing disaster debris diversion programs to the extent feasible. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.6. Medium Volume Transfer/Processing Facilities. All medium volume transfer/processing facilities subject to this Article shall comply with the Registration Permit requirements set forth in Title 14, Division 7, Chapter 5.0, Article 3.0 of the California Code of Regulations (commencing with section 18104). These facilities shall be inspected monthly by the EA in accordance with PRC section 43218. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.7. Large Volume Transfer/Processing Facilities. All large volume transfer/processing facilities subject to Articles 6.0 through 6.35 shall obtain a Full Solid Waste Facilities Permit, in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 of the California Code of Regulations (commencing with section 21570). The Transfer/Processing Report required by section 18221.6 shall constitute the Report of Facility Information required by section 21570(f)(2) of Title 27. These facilities shall be inspected monthly by the EA in accordance with PRC section 43218. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.8. Facility Plan. Each operator of a Medium Volume Transfer/Processing Facility, as defined in section 17402(a)(11), or a Direct Transfer Facility, as defined in section 17402(a)(3), shall file with the EA a "Facility Plan" or "Plan" (as specified in section 18221.5). The information contained in the Plan shall be reviewed by the EA to determine whether it is complete and correct as defined in Title 14, Division 7, Chapter 5.0, Article 3.0, section 18101. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17403.9. Transfer/Processing Report. (a) Each operator of a Large Volume Transfer/Processing facility, as defined in section 17402(a)(8), shall file with the EA a "Transfer/Processing Report" or "Report" (as specified in section 18221.6). The Transfer/Processing Report will be used in place of the Report of Station Information (RSI) after March 5, 1999. Any operator of an existing facility who submits an application package to the EA, pursuant to Title 27, section 21570, which proposes to change the facility's operations, or to change the solid waste facility permit shall do one of the following: (1) submit the updated information as an amendment to the existing RSI or in the form of the Transfer/Processing Report; or (2) submit a complete Transfer/Processing Report as described in section 18221.6. (b) After March 5, 1999, any operator of a new facility that submits an application package to the EA pursuant to Title 27, section 21570, shall submit a complete Transfer/Processing Report pursuant to section 18221.6. (c) These requirements do not apply to those facilities which have filed an RSI and an application for a solid waste facility permit prior to March 5, 1999. In the event the EA determines the application package for the RSI first submitted prior to March 5, 1999, to be incomplete, additional information requested shall be submitted as part of the RSI and/or application for a solid waste facility permit, as appropriate. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17405.0. Applicability of State Minimum Standards. (a) Articles 6.0, 6.1, 6.2, and 6.3 of this Chapter set forth the minimum standards that apply to all transfer/processing operations and facilities, direct transfer facilities, sealed container operations, limited volume transfer operations, and emergency transfer/operations, except as noted in Section 17400(a). (b) Article 6.35 of this Chapter sets forth additional minimum standards that will apply only to transfer/processing facilities. (c) Approvals, determinations and other requirements that the EA is authorized to make in Articles 6.0, 6.2, 6.3, and 6.35 shall be provided in writing by the EA to the operator. The operator shall place a copy of these approvals in addition to those records identified in sections 17414 and 17414.1 in the operating record. (d) Some of the standards contained in Articles 6.0, 6.1, 6.2, 6.3, and 6.35 of this Chapter allow the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard. For facilities that require a full solid waste facility permit, the EA may choose to include the approved method as a term and condition of the solid waste facility permit, rather than in the manner authorized by subdivision (c) of this section. If the method is included in the solid waste facility permit, a change to the method may require a revision to the solid waste facility permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17406.1. Siting on Landfills. (a) Operations and facilities or portions thereof, located atop fully or partially closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, section 21190. (b) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations. (c) Operations and facilities or portions thereof, located on intermediate cover on a solid waste landfill shall be operated in a manner not to interfere with the operations of the landfill or with the closure or postclosure maintenance of the landfill. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17406.2. General Design Requirements. (a) The design of a new operation or facility shall utilize expert advice, as appropriate, from persons competent in engineering, architecture, landscape design, traffic engineering, air quality control, and design of structures. (b) The design shall be based on appropriate data regarding the expected service area, anticipated nature and quantity of wastes to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and number of vehicles anticipated to enter the operation or facility, adequate off-street parking facilities for transfer vehicles, drainage control, the hours of operation and other pertinent information. If the operation or facility is to be used by the general public, the design shall take account of safety features that may be needed to accommodate such public use. (c) The operation or facility shall be designed in such a manner as to restrict the unloading area to as small an area as practicable, provide adequate control of windblown material, minimize the propagation or attraction of flies, rodents or other vectors and the creation of nuisances by reason of solid wastes being handled at the operation. Other factors which shall be taken into consideration are: dust control, noise control, public safety, and other pertinent matters related to the protection of public health at the operation or facility. (d) In reviewing the design of a proposed operation or facility, the EA may require the applicant to describe how he or she has complied with applicable local and state requirements regarding odor control measures, personnel health and safety, and sanitary facilities. (e) Solid waste storage containers shall be durable, easily cleanable, designed for safe handling, and constructed to prevent loss of wastes from the container during storage. If such a container is used to store garbage, other wet or liquid producing wastes, or wastes composed of fine particles, such container shall in all cases be nonabsorbent and leak-resistant. Unloading areas shall be easily cleanable, designed for safe handling and constructed to prevent loss of wastes. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.1. Burning Wastes and Open Burning. (a) If burning wastes are received at an operation or facility, they shall be separated from other wastes and deposited in a safe area, spread, and extinguished. A safe area is defined as being away from unloading, transfer, or processing areas, structures on adjacent properties and other fire hazard areas. (b) Open burning of solid waste, except for the infrequent burning of agricultural wastes, silvicultural wastes, landclearing debris, diseased trees, or debris from emergency clean-up operations, or any other wastes as approved by local regulatory agencies, approved by the EA, local air district, and local fire department, is prohibited at all operations and facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.2. Cleaning. (a) Operations, facilities, and their equipment, boxes, bins, pits and other types of containers shall be cleaned using the following schedule, or at a lesser frequency, approved by the EA, in order to prevent the propagation or attraction of flies, rodents, or other vectors: (1) all operations and facilities shall be cleaned each operating day of all loose materials and litter; (2) all operations or facilities that operate 24 hours per day must clean the operations or facilities at least once every 24 hours. (b) The entrance and exit shall be cleaned at a frequency which prevents the tracking or off-site migration of waste materials. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.3. Drainage Control. (a) Drainage at all operations and facilities shall be controlled to: (1) minimize the creation of contact water; (2) prevent to the greatest extent possible given existing weather conditions, the uncontrolled off-site migration of contact water; (3) protect the integrity of roads and structures; (4) protect the public health; and (5) prevent safety hazards and interference with operations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.4. Dust Control. (a) The operator shall take adequate measures to minimize the creation, emission, or accumulation of excessive dust and particulates, and prevent other safety hazards to the public caused by obscured visibility. The operator shall minimize the unnecessary handling of wastes during processing to prevent the creation of excessive dust. Measures to control dust include, but are not limited to: reduced processing, periodic sweeping and cleaning, misting systems or ventilation control. One or more of the following may be an indication that dust is excessive: (1) safety hazards due to obscured visibility; or (2) irritation of the eyes; or (3) hampered breathing; (4) migration of dust off-site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.5. Hazardous, Liquid, and Special Wastes. (a) An operation or facility shall not intentionally accept or store hazardous wastes, including batteries, oil, paint, and special wastes, unless it has been approved to handle the particular waste by the appropriate regulatory agencies. Such approvals shall be placed in the operating record. (b) At operations and facilities where unauthorized hazardous wastes are discovered, control measures as are necessary to protect public health, safety and the environment, such as elimination or control of dusts, fumes, mists, vapors or gases shall be taken prior to isolation or removal from the operation or facility, (c) Liquid wastes and sludges shall not be accepted or stored at an operation or facility unless the operator has written approval to accept such wastes from the appropriate agencies and the EA. The EA shall authorize acceptance of these wastes only if the operation, facility, and the transfer vehicles are properly equipped to handle such wastes in a manner to protect public health, safety, and the environment. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17407.6. Liquid Wastes. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17408.1. Litter Control. Litter at operations and facilities shall be controlled, and routinely collected to prevent safety hazards, nuisances or similar problems and off-site migration to the greatest extent possible given existing weather conditions. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.2. Medical Wastes. Medical waste, unless treated and deemed to be solid waste, which is regulated pursuant to the Medical Waste Management Act (commencing with Section 117600 of the Health and Safety Code), shall not be accepted at an operation or facility, unless approved by the appropriate regulatory agency. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.3. Noise Control. Noise shall be controlled to prevent health hazards and to prevent nuisance to nearby residents. Measures to control noise include but are not limited to: posting of warning signs that recommend or require hearing protection; separation by barriers that limit access to authorized personnel only; or, enclosures to reduce noise transmission. Compliance with specific provisions regarding noise control in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.4. Non-Salvageable Items. Drugs, cosmetics, foods, beverages, hazardous wastes, poisons, medical wastes, syringes, needles, pesticides and other materials capable of causing public health or safety problems shall not be salvaged at operations or facilities unless approved by the local health agency and the EA. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.5. Nuisance Control. Each operation and facility shall be conducted and maintained to prevent the creation of a nuisance. Compliance with specific provisions regarding nuisance control in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.6. Maintenance Program. All aspects of the operation or facility shall be maintained in a state of good repair. The operator shall implement a preventative maintenance program to monitor and promptly repair or correct deteriorated or defective conditions. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.7. Personnel Health and Safety. The Injury, Illness, and Prevention Program (IIPP) shall be available for review by local and state inspectors during normal business hours. Nothing in this section is intended to make the EA responsible for enforcing the IIPP. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17408.8. Protection of Users. An operation or facility shall be designed, constructed, operated, and maintained so that contact between the public and solid wastes is minimized. This may be accomplished through the use of railings, curbs, grates, fences, and/or spotters. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.1. Roads. All on-site roads and driveways shall be designed and maintained to minimize the generation of dust and tracking of soil onto adjacent public roads. Such roads shall be kept in safe condition and maintained to allow vehicles utilizing the operation or facility to have reasonable all-weather access to the site. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.2. Sanitary Facilities. The operator shall maintain all sanitary and hand-washing facilities which may be required, by applicable state or local requirements, in a reasonably clean and adequately supplied condition. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.3. Scavenging and Salvaging. Each operation or facility shall meet the following requirements: (a) scavenging shall be prohibited; (b) salvaging of materials, such as metal, paper, glass and cardboard is permitted as an integral part of the operation, subject to conditions established by the EA, the local land use authority, or other approving agencies. (c) salvaging activities shall be conducted in a planned and controlled manner and not interfere with other aspects of site operation. Activities shall be conducted so as not to interfere with expeditious entry and exit of vehicles delivering waste to the transfer or processing operation or facility. Salvaging activities conducted at a transfer/processing operation or facility shall be confined to specified, clearly identified areas of the operation or facility, and controlled to prevent health, safety or nuisance problems; (d) storage of materials salvaged from solid wastes shall be ancillary to the activities of the operation or facility unless such storage is planned as an integral part of the operation. Materials salvaged on-site shall be stored away from other activity areas in specified, clearly identifiable areas as noted in the Facility Plan or Transfer/Processing Report. They shall be arranged to minimize risk of fire, health and safety hazard, vector harborage, or other hazard or nuisance, and limited to a specified volume and/or duration as described in the Enforcement Agency Notification, Facility Plan, or Transfer/Processing Report. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.4. Signs. (a) For operations or facilities not open to the public, each point of access from a public road shall be posted with an easily visible sign indicating the operation or facility name and location of nearest public operation or facility. (b) If the operation or facility is open to the public, there shall be an easily visible sign at all public entrances indicating the name of the operator, the operator's telephone number, schedule of charges, hours of operation, and a listing of the general types of materials which either (1) WILL be accepted, or (2) WILL NOT be accepted. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.5. Loadchecking. (a) The operator of an attended operation or facility shall implement a loadchecking program to prevent the acceptance of waste which is prohibited by this Article. This program must include at a minimum: (1) the number of random loadchecks to be performed; (2) a location for the storage of prohibited wastes removed during the loadchecking process that is separately secured or isolated; (3) records of loadchecks and the training of personnel in the recognition, proper handling, and disposition of prohibited waste. A copy of the loadchecking program and copies of the loadchecking records for the last year shall be maintained in the operating record and be available for review by the appropriate regulatory agencies. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17409.6. Parking. Adequate off-street parking area(s) shall be provided, if necessary, for transfer vehicles. Compliance with specific provisions regarding adequacy of off-street parking in a local land use approval, such as a conditional use permit or CEQA mitigation measures, shall be considered compliance with this standard. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17410.1. Solid Waste Removal. (a) All solid wastes shall be removed at the following frequencies or at an alternate frequency approved by the EA, in order to prevent the propagation or attraction of flies, rodents or other vectors: (1) operations shall remove solid wastes accepted at the site within 7 days from the date of receipt; (2) facilities shall remove solid waste accepted at the site within 48 hours from the time of receipt. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17410.2. Supervision and Personnel. The operator shall provide adequate supervision and a sufficient number of qualified personnel to ensure proper operation of the site in compliance with all applicable laws, regulations, permit conditions and other requirements. The operator shall notify the EA in writing of the name, address and telephone number of the operator or other person responsible for the operation. A copy of the written notification shall be placed in the operating record. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17410.3. Training. Personnel assigned to the operation or facility shall be adequately trained in subjects pertinent to site solid waste operations and maintenance, hazardous materials recognition and screening, use of mechanized equipment, environmental controls, emergency procedures and the requirements of this Article. A record of such training history shall be maintained and made available for inspection. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17410.4. Vector, Bird and Animal Control. The operator shall take adequate steps to control or prevent the propagation, harborage and attraction of flies, rodents, or other vectors, and animals, and to minimize bird attraction. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17411. Written Approval Required. s 17412. Compliance with Conditions. s 17413. Conformance with Plan. s 17414. Record Keeping Requirements. Each operator shall meet the following requirements: (a) each operator shall maintain records of incoming weights or volumes and outgoing salvage or residual weights or volumes in a form and manner approved by the EA. Such records shall be: submitted to the EA or CIWMB upon request; be adequate for overall planning and control purposes; and, be as current and accurate as practicable; (b) all records required by this Article shall be kept by the operator in one location and accessible for three (3) years and shall be available for inspection by the EA and other duly authorized regulatory agencies during normal working hours. (c) the operator shall submit copies of specified records to the EA upon request or at a frequency approved by the EA; (d) the operator shall maintain a daily log book or file of special occurrences encountered during operations and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. Special occurrences shall include but are not limited to: fires, injury and property damage, accidents, explosions, receipt or rejection of prohibited wastes, lack of sufficient number of personnel pursuant to section 17410.2, flooding, earthquake damage and other unusual occurrences. In addition, the operator shall notify the EA by telephone within 24 hours of all incidents requiring the implementation of emergency procedures, unless the EA determines that a less immediate form of notification will be sufficient to protect public health and safety and the environment; (e) the operator shall record any written public complaints received by the operator, including: (1) the nature of the complaint, (2) the date the complaint was received, (3) if available, the name, address, and telephone number of the person or persons making the complaint, and (4) any actions taken to respond to the complaint; (f) the operator shall maintain a copy of the written notification to the EA and local health agency of the name, address and telephone number of the operator or other person(s) responsible for the operations as required by section 17410.2; (g) The operator shall maintain records of employee training as required by section 17410.3; (h) all transfer/processing operations and facilities shall maintain records as required by section 18809 et seq. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17414.1. Documentation of Enforcement Agency Approvals, Determinations, and Requirements. Approvals, determinations, and other requirements the EA is authorized to make under this Subchapter shall be provided in writing to the operator and placed in the operating record by the operator. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17415.1. Communications Equipment. Each facility shall have adequate communication equipment available to site personnel to allow quick response to emergencies. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17415.2. Fire Fighting Equipment. Each Facility shall have fire suppression equipment continuously available, properly maintained and located as required by the local fire authority. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17416.1. Housekeeping. The operator shall provide adequate housekeeping for the maintenance of facility equipment and shall minimize accumulations of fuel drums, inoperable equipment, parts, tires, scrap, and similar items. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17416.2. Lighting. The facility and/or equipment shall be equipped with adequate lighting, either through natural or artificial means, to ensure the ability to monitor incoming loads, effectiveness of operations, and public health, safety and the environment. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17416.3. Equipment. Equipment shall be adequate in type, capacity and number, and sufficiently maintained to allow the facility to meet all requirements of Articles 6.3 and 6.35 of these standards. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17418.1. Site Security. The facility shall be designed to discourage unauthorized access by persons and vehicles through the use of either a perimeter barrier or topographic constraints. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17418.2. Site Attendant. A facility open to the public shall have an attendant present during public operating hours or the facility shall be inspected by the operator on a regularly scheduled basis as approved by the EA to ensure that it meets all of the requirements of Articles 6.2, 6.3 and 6.35. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17418.3. Traffic Control. (a) Traffic flow through the facility shall be controlled to prevent the following: (1) interference with or creation of a safety hazard on adjacent public streets or roads, (2) on-site safety hazards, and (3) interference with operations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17419.1. Visual Screening. The facility shall have appropriate treatment of areas open to public view to create and maintain an aesthetically acceptable appearance as approved by the local land use authority, or if none exist, in consultation with the EA. Compliance with specific provisions regarding visual screening in a local land use approval, such as a conditional use permit, or CEQA mitigation measures shall be considered compliance with this standard. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17419.2. Water Supply. A safe and adequate water supply for drinking and emergency use (i.e.: first aid) shall be available. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 17420. Applicability of Standards. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17421. Exclusions. s 17422. Design. s 17423. Plan of Operation. s 17424. Records. s 17425. Small Volume Transfer Station Operation. s 17426. Cleaning and Waste Removal Frequency. s 17441. Report of Station Information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43040 and 43021, Public Resources Code. s 17442. Station Modifications. s 17451. Design Responsibility. s 17452. General Design Parameters. s 17453. Public Health Design Parameters. s 17461. Weight Volume Records. s 17462. Special Occurrences. s 17463. Inspection of Records. s 17471. Availability. s 17472. Training. s 17473. Supervision. s 17474. Attendant. s 17481. Identification Signs. s 17482. Entry Signs. s 17483. Station Security. s 17484. Roads. s 17485. Visual Screening. s 17486. Station Construction. s 17491. Sanitary Facilities. s 17492. Water Supply. s 17493. Communications Facilities. s 17494. Lighting. s 17495. Fire Fighting Equipment. s 17496. Protection of Users. s 17497. Personnel Health and Safety. s 17511. Confined Unloading. s 17512. Cleaning. s 17513. Solid Waste Removal. s 17514. Parking. s 17515. Scavenging. s 17516. Salvaging Permitted at Transfer Stations. s 17517. Volume Reduction. s 17518. Processing Area. s 17519. Processing Operations. s 17520. Storage of Salvage. s 17521. Removal. s 17522. Non-Salvageable Items. s 17531. Nuisance Control. s 17532. Dust Control. s 17533. Vector and Bird Control. s 17534. Drainage Control. s 17535. Litter Control. s 17536. Noise Control. s 17537. Odor Control. s 17538. Traffic Control. s 17546. General. s 17547. Standby Equipment. s 17548. Transfer Vehicles. s 17549. Inspection of Equipment. s 17550. Housekeeping. s 17556. General. s 17557. Station Maintenance Program. s 17561. Burning Wastes. s 17562. Hazardous Wastes. s 17563. Infectious Wastes. s 17564. Liquid Wastes. s 17601. Applicability of Standards. Note: Authority cited: Section 40502, 43020, 43021 and 43030, Public Resources Code. Reference: Sections 40000-40002, 40508, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.1. s 17602. Site Owner and Site Operator. s 17603. Change of Ownership. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 44005, Public Resources Code. s 17606. Recording. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 44100, Public Resources Code. s 17607. Periodic Site Review. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17608. Conformance with Plan. s 17616. Report of Disposal Site Information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17617. Site Modifications. s 17626. Design Responsibility. s 17627. Ultimate Use of Site. s 17628. General Design Parameters. s 17629. Public Health Design Parameters. s 17636. Weight/Volume Records. s 17637. Subsurface Records. s 17638. Special Occurrences. s 17639. Inspection of Records. s 17646. Availability. s 17647. Training. s 17648. Supervision. s 17649. Site Attendant. s 17656. Identification Signs. s 17657. Entry Signs. s 17658. Site Security. s 17659. Access Roads. s 17660. Internal Roads. s 17666. Sanitary Facilities. s 17667. Water Supply. s 17668. Communications Facilities. s 17669. Lighting. s 17670. Personnel Health and Safety. s 17671. Availability. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17672. Training. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17673. Supervision. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17674. Site Attendant. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17676. Confined Unloading. s 17677. Spreading and Compacting. s 17678. Slopes and Cuts. s 17679. Final Site Face. s 17680. Stockpiling. s 17681. Availability of Cover Material. s 17682. Cover. s 17683. Performance Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17684. Intermediate Cover. s 17685. Final Cover. s 17686. Scavenging. s 17687. Salvaging Permitted. s 17688. Volume Reduction and Energy Recovery. s 17689. Processing Area. s 17690. Storage of Salvage. s 17691. Removal. s 17692. Non-Salvageable Items. s 17693. General. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17694. Standby Equipment. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17695. General. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17696. Operating Site Maintenance. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17701. Nuisance Control. s 17702. Animal Feeding. s 17703. Fire Control. s 17704. Leachate Control. s 17705. Gas Control. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17706. Dust Control. s 17707. Vector and Bird Control. s 17708. Drainage and Erosion Control. s 17709. Contact with Water. s 17710. Grading of Fill Surfaces. s 17711. Litter Control. s 17712. Noise Control. s 17713. Odor Control. s 17714. Traffic Control. s 17715. Ponded Liquid. s 17726. General. s 17727. Standby Equipment. s 17731. General. s 17732. Operating Site Maintenance. s 17733. Inspection upon Completion. s 17734. Completed Site Maintenance. s 17735. Recording. 1. Change without regulatory effect renumbering Section 17735 to Section 17606 filed 8-17-89 pursuant to Section 100, Title 1, California Code of Regulations (Register 89, No. 35). For prior history, see Register 78, No. 30. 2. Repealer filed 6-18-97; operative 7-18-97 (Register 97, No. 25). s 17741. Burning Wastes. s 17742. Hazardous Wastes. s 17743. Liquid Wastes. s 17744. Dead Animals. s 17751. Periodic Site Review. s 17760. Scope and Applicability. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code, and Section 66796.22(d), Government Code. s 17761. Definitions. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17763. Time Frames for Closure. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government Code. s 17764. Partial Closure. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g), Government Code. s 17765. Closure of Treatment Units. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Sections 66796.22(d) and 66796.22(g) Government Code. s 17766. Emergency Response Plan. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Section 44100, Public Resources Code. s 17767. Security at Closed Sites. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Section 44100, Public Resources Code. s 17768. Inspection Upon Completion. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17771. Structure Removal. Note: Authority cited: Sections 40504 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources; and Section 66796.22(d), Government Code. s 17772. Decommissioning of Environmental Control Systems. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17773. Final Cover. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17774. Construction Quality Assurance. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17776. Final Grading. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17777. Final Site Face. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code. s 17778. Final Drainage. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code, and Section 66796.22(d), Government Code. s 17779. Slope Protection and Erosion Control. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17781. Leachate Control During Closure and Postclosure. Note: Authority cited: Sections 45020 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22. (d), Government Code; and Sections 43020, 43021 and 44100, Public Resources Code. s 17782. Ground Water Monitoring During Closure and Postclosure. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code. s 17783. Gas Monitoring and Control During Closure and Postclosure. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.3. Monitoring. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.5. Perimeter Monitoring Network. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.7. Structure Monitoring. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.9. Monitored Parameters. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.11. Monitoring Frequency. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.13. Reporting Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.15. Control. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17783.17. Exemptions. Note: Authority cited: Sections 40502 and 45020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17787. Recording. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 44100, Public Resources; and Section 66796.22(d), Government Code. s 17788. Postclosure Maintenance. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796(d), Government Code. Reference: Section 43021, Public Resources Code; and Section 66796.22(d), Government Code. s 17789. Review of Postclosure Maintenance Activities. Note: Authority cited: Sections 66796.22(d), Government Code. Reference: Sections 43021 and 44100, Public Resources Code; and Section 66796.22(d), Government Code. s 17792. Change of Ownership During Closure or Postclosure Maintenance. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44005, Public Resources Code; and Section 66796.22(d), Government Code. s 17793. Notification During Postclosure Maintenance. Note: Authority cited: Sections 66790(f) and 66796.22(d), Government Code. Reference: Section 66771, Government Code. s 17796. Postclosure Land Use. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 43021 and 44105, Public Resources Code; and Section 66796.22(d), Government Code. s 17801. Intent of Standards. These standards are generally intended to describe levels of performance expected rather than stating detailed requirements; wherever possible, persons responsible for management of manures and agricultural wastes shall be permitted flexibility of approach in meeting the objectives set by the standards. Where the phrase "as approved by the Enforcement Agency" is used, it is contemplated that, in most instances, the operator will propose a method, physical improvement, management modification or other appropriate means to comply with a standard to enable approval by the Enforcement Agency (as opposed to the Enforcement Agency specifying the exact means of compliance). These standards are intended only to eliminate excessive vectors or other adverse public health/well-being effects associated with any agricultural operation. It is the intent of these standards to promote conditions under which agricultural operations and residential or public use of properties can coexist. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; Section 4520, Health and Safety Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17802. Applicability of Standards. s 17803. Compliance with Laws and Regulations. Nothing in these standards shall be construed as relieving an owner, operator, or designer from the obligation of obtaining all required permits, licenses, or other clearances, and complying with all orders, laws, regulations or other requirements of other approval, regulatory or enforcement agencies, such as, but not limited to, local health entities, water and air quality boards, local land use authorities, fire authorities, etc. s 17804. Conformance with Plan. s 17805. Appeals. The Board and the Department will provide for review and appeals regarding these standards. Thus any enforcement action by the local Enforcement Agency, including the determination that agricultural operations are resulting in excessive vectors, odor, dust, or feathers, may be investigated and confirmed or denied by the Department. s 17810.1. Manure. (H) Manure shall mean the accumulated moist animal excrement that does not undergo decomposition or drying as would occur on open grazing land or natural habitat. This definition shall include feces and urine which may be mixed with bedding material, spilled feed or soil. s 17810.2. Confined Animals. (H) Confined animals shall include, but not be limited to, all cattle, horses, sheep, swine, rabbits, poultry, dogs, cats, fur-bearing animals, and other animals that are held, confined or fed supplementally in enclosures where the excrement accumulates as manure. The numbers of animals per unit of enclosed area shall be a part of this definition when excessive vectors, odor, dust or feathers are produced as determined by the Enforcement Agency or the Department taking into consideration varying regional environmental conditions. s 17810.3. Enforcement Agency Inspection. (H) An Enforcement Agency inspection shall mean a site inspection by an agent of the Enforcement Agency or the Department trained in the knowledge of the biology of and prevention of vectors, odor, dust or feathers associated with agricultural solid wastes, so as to protect the public health and well-being. s 17810.4. Excessive Vectors. (H) Excessive vectors shall refer to the presence of domestic flies, mosquitoes, cockroaches, rodents, and/or any other vectors associated with agricultural wastes which: (a) Occur as immature stages and adults in numbers considerably in excess of those found in the surrounding environment; and (b) are associated with design, layout and management of agricultural operations; and (c) disseminate widely from the property; and (d) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department. s 17810.5. Excessive Odor, Dust and Feathers. (H) Excessive odor, dust and feathers shall refer to the presence of these materials which: (a) Are associated with design, layout and management of agricultural operations; and (b) disseminate widely from the property; and (c) cause detrimental effects on the public health or well-being of the majority of the surrounding population as determined by the Enforcement Agency or the Department. s 17820. Agricultural Solid Wastes As a Public Health/Well-Being Hazard. (H) Any person who sustains, stores, manages or receives agricultural by-products or other waste materials generated as a result of the operation of any agricultural property or produce processing plant shall do so in such a manner as to prevent the spread of disease, the occurrence of excessive vectors, odor, dust, or feathers or other such adverse conditions related to the public health and well-being. In addition: (a) The presence of excessive vectors on the property shall be prima facie evidence that an adverse public health/well-being hazard exists. (b) The determination of the presence of excessive vectors shall be made by an Enforcement Agency or the Department. (c) The determination of the presence of excessive vectors shall take into account the proximity of the agricultural operation to neighboring human habitation and use areas, the population density of the entire area and the severity of the public health/well-being hazard posed by said vectors. s 17821. Inspection of Agricultural Operations (H) The Enforcement Agency shall have inspection capability to enforce these standards and to conduct appropriate numbers of site inspections of agricultural operations located within its jurisdiction. Need, if any, and frequency and timing of inspection should be based on public demand, the nature and size of the operation, the season, the vector potential of the operation and its proximity to residential properties. During inspection of agricultural operations the inspector shall observe all reasonable precautionary security, sanitation or other measures specified by the agricultural operator. s 17822. Correction of Adverse Public Health/Well-Being Conditions. (H) When the Enforcement Agency or the Department determines that design and layout of agricultural operations or management of agricultural wastes result in the occurrence of excessive vectors or any other adverse public health/well-being related conditions, the owner or operator of the property shall be informed in writing of a violation of these standards and shall be required to institute appropriate measures promptly to correct the condition in a manner approved by the Enforcement Agency or the Department. s 17823. Agricultural Wastes Management Practices. (H) Agricultural operations shall be managed in a manner which will not cause excessive vectors or other adverse public health/well-being conditions. The Enforcement Agency shall provide state-developed guidelines which will assist agricultural operators or others concerned in design, layout, and management plans that minimize excessive vectors or other adverse public health/well-being conditions. Organic wastes are potential resources, and agricultural operations should adopt comprehensive waste handling practices which will lead to resource recovery. s 17823.1. Animal Manure. (H) The manure management practices being performed by the agricultural operation shall be conducted so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions, otherwise manure shall be removed at intervals frequent enough to prevent the occurrence of such conditions. Manure removed from confined animal areas shall be managed so as to prevent the creation of adverse public health/well-being conditions. s 17823.2. Vegetable or Fruit Crop Field Residues. (H) Vegetable or fruit crop field residues which can be a source of excessive vectors or other conditions that adversely affect the public health/well-being shall be incorporated into the soil when conditions of soil moisture permit, completely consumed by livestock, removed from the field prior to the development of such conditions or managed by other appropriate measures to suppress the adverse effect. After removal from the field, crop residue wastes shall be stored, processed or disposed of so as to prevent the creation of conditions adverse to the public health/well-being. s 17823.3. Vegetable or Fruit Crop Processing Wastes. (H) Where decomposable wastes from vegetable or fruit crop processing operations can become a source of excessive vectors or other conditions that adversely affect the public health/well-being, approved management practices to prevent such conditions shall be initiated. s 17823.4. Dust, Hair and Feathers. (H) Dust, hair and feathers associated with confined agricultural operations shall be managed so as to avoid conditions that adversely affect the public health/well-being as determined by the Enforcement Agency. Accumulations of hair and feathers shall be periodically disposed of in a manner approved by the Enforcement Agency or the Department. s 17823.5. Dead Animals. (H) The carcasses of animals with any contagious disease shall be disposed of by means prescribed by the California Department of Food and Agriculture, Division of Animal Industry. Animal carcasses from confined animal operations shall be collected, stored, and removed from the property to an approved processing facility or disposal site prior to the creation of adverse public health/well-being conditions, or processed or disposed of on the property in a manner approved by the Enforcement Agency. Animal carcasses from animals on pasture or rangeland shall be managed so as to prevent the creation of excessive vectors or other adverse public health/well-being conditions. s 17824. Management of Agriculture Waste Ponds, Lagoons, Ditches and Pipelines. (H) Ponds, lagoons, ditches and pipelines used for the transfer, holding, treatment and stabilization of manure or vegetable or fruit crop wastes shall be managed so as to prevent the creation or harborage of excessive vectors or other conditions that adversely affect the public health/well-being. Accumulations of floating solids, scum and thick aquatic vegetation, and the growth of weeds and emergent aquatic vegetation at the water's edge shall be continuously maintained at a minimal level to assist in the prevention of such adverse conditions. Disposal or utilization of the contents of such facilities shall not create excessive vectors or other adverse public health/well-being conditions. s 17830. Purpose. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 24389, Health and Safety Code. Reference: Chapter 1, Title 7.8, Government Code, Sections 43020 and 43021, Public Resources Code and Chapter 3.5, Division 29, Health and Safety Code. s 17831. Limitations. s 17832. Responsibility. s 17833. Placement of Receptacles. s 17834. Receptacle Design. s 17835. Receptacle Maintenance. s 17836. Special Design and Maintenance Limitations. s 17837. Receptacle Marking. s 17838. Prohibited Acts. s 17839. Penalties. s 17840. Compliance. s 17850. Authority and Scope. (a) This Chapter is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with section 40000 of the Public Resources Code, as amended. These regulations should be read together with the Act. (b) This Chapter implements those provisions of the Act relating to composting. Nothing in this Chapter is intended to limit the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer. (c) Biological decomposition of organic material can be both a naturally occurring or artificially controlled process. This Chapter establishes standards and regulatory requirements for intentional and inadvertent composting resulting from the handling of compostable materials, including but not limited to feedstock, compost, or chipped and ground materials as defined in section 17852. (d) Nothing in these standards shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or EA, including but not limited to, local health entities, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. (e) Nothing in these standards precludes the EA or the board from inspecting an activity, operation or facility to determine if it is subject to these standards. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17851. Scope. Note: Authority cited: Sections 40502, 43020 and 43021, PublicResources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17852. Definitions. (a) For the purposes of this Chapter: (1) "Active Compost" means compost feedstock that is in the process of being rapidly decomposed and is unstable. Active compost is generating temperatures of at least 50 degrees Celsius (122 degrees Fahrenheit) during decomposition; or is releasing carbon dioxide at a rate of at least 15 milligrams per gram of compost per day, or the equivalent of oxygen uptake. (2) "Additives" means material mixed with feedstock or active compost in order to adjust the moisture level, carbon to nitrogen ratio, or porosity to create a favorable condition. Additives include, but are not limited to, fertilizers and urea. Additives do not include septage, biosolids, or compost feedstock. (3) "Aerated Static Pile" means a composting process that uses an air distribution system to either blow or draw air through the pile. Little or no pile agitation or turning is performed. (4) "Aerobic Decomposition" means the biological decomposition of organic substances in the presence of oxygen. (5) "Agricultural Material" means material of plant or animal origin, which result from the production and processing of farm, ranch, agricultural, horticultural, aquacultural, silvicultural, floricultural, vermicultural, or viticultural products, including manures, orchard and vineyard prunings, and crop residues. (6) "Agricultural Material Composting Operation" means an operation that produces compost from green or agricultural material additives, and/or amendments. (7) "Amendments" means materials added to stabilized or cured compost to provide attributes for certain compost products, such as product bulk, product nutrient value, product pH, and soils blend. Amendments do not include septage, biosolids, or compost feedstock. (8) "Anaerobic Decomposition" means the biological decomposition of organic substances in the absence of oxygen. (9) "Biosolids" means solid, semi-solid, or liquid residue generated during the treatment of domestic sewage in a treatment works. Biosolids includes, but is not limited to, treated domestic septage and scum or solids removed in primary, secondary, or advanced wastewater treatment processes. Biosolids does not include ash generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings generated during the preliminary treatment of domestic sewage in a treatment works. (10) "Chipping and Grinding Operations and Facilities" means an operation or facility, that does not produce compost, that mechanically reduces the size or otherwise engages in the handling, of compostable material and: (A) The site does the following: 1. The site handles only material, excluding manure, allowed at a green material composting operation or facility as set forth in section 17852(a)(22); and, 2. Each load of green material is removed from the site within 48 hours of receipt. The EA may allow a site to keep green material on-site for up to 7 days if the EA determines that the additional time does not increase the potential for violations of this Chapter. (B) If the site fails to meet the definition of green material because it exceeds the contamination limits in section 17852(a)(21), the site shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400). (C) If the site fails to meet the definition of this section because the green material remains on-site for a longer period of time than is allowed, then the site shall be regulated as a compostable material handling operation or facility, as set forth in this Chapter. (11) "Compostable Material" means any organic material that when accumulated will become active compost as defined in section 17852(a)(1). (12) "Compostable Materials Handling Operation" or "Facility" means an operation or facility that processes, transfers, or stores compostable material. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. "Compostable Materials Handling Operation or Facility" does not include activities excluded from regulation in section 17855. "Compostable Materials Handling Operation or Facility" also includes: (A) agricultural material composting operations; (B) green material composting operations and facilities; (C) research composting operations; and, (D) chipping and grinding operations and facilities. (13) "Curing" means the final stage of the composting process that occurs after compost has undergone pathogen reduction, as described in section 17868.3, and after most of the readily metabolized material has been decomposed and stabilized. (14) "Domestic Sewage" means waste and wastewater from humans or household operations that is discharged to or otherwise enters a treatment works. (15) "Disposal" means: (A) stockpiling of compostable material onto land for a combined period of time greater than six months, or agricultural and green material for twelve months on prime agricultural land as defined in Government Code section 51201, unless the RWQCB in consultation with the EA makes a written finding that the material may remain within the operations area for a period of time greater than specified. (B) disposal does not include the use of compostable material for alternative daily cover material at a solid waste landfill. Notwithstanding this section, use of compostable organic material as a alternative daily cover material shall still require approval for use pursuant to Title 27, California Code of Regulations, section 20680 and may require additional approvals from other governmental agencies, including, but not limited to RWQCB and Air Districts. (C) disposal does not include land application of compostable organic material. "Land Application" means the application of compostable material, excluding food material or mixed solid waste for the following applications: to forest, agricultural, and range land at agronomic rates; in accordance with California Department of Food and Agriculture (CDFA) requirements for beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; or for beneficial uses that may be otherwise exempt or excluded from regulation by CDFA. (D) Should the EA have information that a compostable material handler is engaging in other activities that meet the definition of disposal, the burden of proof shall be on the land owner or operator to demonstrate otherwise. (E) If the activities at a site meet the definition of disposal, the site shall be regulated as set forth in the Consolidated Regulations for Treatment, Storage, Processing or Disposal of Solid Waste (commencing at Title 27, California Code of Regulations, section 20005). (16) "Dry Weight Basis" means weight calculated on the basis of having been dried until reaching a constant mass, that results in essentially 100 percent solids content. (17) "Enclosed Composting Process" means a composting process where the area that is used for the processing, composting, stabilizing, and curing of organic materials, is covered on all exposed sides and rests on a stable surface with environmental controls for moisture and air-borne emissions present. (18) "EA" means enforcement agency. (19) "Feedstock" means any compostable organic material used in the production of compost or chipped and ground material including, but not limited to, agricultural material, green material, food material, biosolids, and mixed solid waste. Feedstocks shall not be considered as either additives or amendments. (20) "Food Material" means any material that was acquired for animal or human consumption, is separated from the municipal solid waste stream, and that does not meet the definition of "agricultural material." Food material may include material from food facilities as defined in Health and Safety Code section 113785, grocery stores, institutional cafeterias (such as, prisons, schools and hospitals) or residential food scrap collection. (21) "Green Material" means any plant material that is separated at the point of generation contains no greater than 1.0 percent of physical contaminants by weight, and meets the requirements of section 17868.5. Green material includes, but is not limited to, yard trimmings, untreated wood wastes, natural fiber products, and construction and demolition wood waste. Green material does not include food material, biosolids, mixed solid waste, material processed from commingled collection, wood containing lead-based paint or wood preservative, mixed construction or mixed demolition debris. (22) "Green Material Composting Operation" or "Facility" is an operation or facility that composts green material, additives, and/or amendments. A green material composting operation or facility may also handle manure and paper products. An operation or facility that handles a feedstock that is not green material, manure, or paper products, shall not be considered a green material composting operation or facility. "Green Material Composting Operation" or "Facility" does not include activities excluded from regulation in section 17855. (23) "Handling" means the processing, transfer, and storage of compostable materials. Handling of compostable materials results in controlled biological decomposition. Handling includes composting, screening, chipping and grinding, and storage activities related to the production of compost, compost feedstocks, and chipped and ground materials. (24) "Insulating Material" means material used for the purpose of minimizing the loss of heat from a compost pile undergoing the "Process to Further Reduce Pathogens" (PFRP), as described in section 17868.3. Insulating material includes, but is not limited to, soil and stabilized compost. (25) "Manure" is an agricultural material and means accumulated herbivore or avian excrement. This definition shall include feces and urine, and any bedding material, spilled feed, or soil that is mixed with feces or urine. (26) "Mixed Solid Waste" means any material that is part of the municipal solid waste stream, and is mixed with or contains non-organics, processed industrial materials, or plastics. A feedstock that is not source separated or contains 1.0% or more of physical contaminants by weight is mixed solid waste. Compostable material that contains mixed demolition or mixed construction debris shall be considered mixed solid waste. (27) "Mushroom Farm" means an activity that produces mushrooms. The handling of compostable material at a mushroom farm prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered mushroom farming. (28) "Operations Area" means the following areas within the boundary of a compostable material handling operation or facility: (A) equipment cleaning, maintenance, and storage areas; (B) feedstock, active, curing and stabilized compost processing or stockpiling areas; and (C) process water and stormwater drainage control systems. (29) "Operator" means the owner, or other person who through a lease, franchise agreement or other arrangement with the owner, becomes legally responsible for the following: (A) complying with regulatory requirements set forth in this Chapter; (B) complying with all applicable federal, state and local requirements; (C) the design, construction, and physical operation of the site; and (D) site restoration. (30) "Owner" means the person or persons who own, in whole or in part, a compostable material handling operation or facility, or the land on which these operations or facilities are located. (31) "Pathogenic Organism" means disease-causing organisms. (32) "Physical Contamination" or "Contaminants" means human-made inert products contained within feedstocks, including, but not limited to, glass, metal, and plastic. (33) "Process Water" means liquid that is generated during or used in the production of compost or chipped and ground materials. (34) "Research Composting Operation" means a composting operation, that is operated for the purpose of gathering research information on composting. (35) "Separated At The Point of Generation" includes material separated from the solid waste stream by the generator of that material. It may also include material from a centralized facility as long as that material was kept separate from the waste stream prior to receipt by that facility and the material was not commingled with other materials during handling. (36) "Stabilized Compost" means any organic material that has undergone the Process to Further Reduce Pathogens (PFRP), as described in section 17868.3, and has reached a stage of reduced biological activity as indicated by reduced temperature and rate of respiration below that of active compost. (37) "Static Pile" means a composting process that is similar to the aerated static pile except that the air source may or may not be controlled. (38) "Vector" includes any insect or other arthropod, rodent, or other animal capable of transmitting the causative agents of human disease. (39) "Vermicomposting" means an activity that produces worm castings through worm activity. The EA may determine whether an activity is or is not vermicomposting. The handling of compostable material prior to and after use as a growth medium is subject to regulation pursuant to this chapter and is not considered vermicomposting. (40) "Windrow Composting Process" means the process in which compostable material is placed in elongated piles. The piles or "windrows" are aerated and/or mechanically turned on a periodic basis. (41) "Within-vessel Composting Process" means a process in which compostable material is enclosed in a drum, silo, bin, tunnel, reactor, or other container for the purpose of producing compost, maintained under uniform conditions of temperature and moisture where air-borne emissions are controlled. (42) "Wood Waste" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. (43) "Yard Trimmings" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17853. Definitions. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40116, 43020 and 43200, et seq., Public Resources Code. s 17853.0. Approval of Alternatives. (a) Approvals, determinations and other requirements that the EA is authorized to make in this Chapter shall be provided in writing by the EA to the operator. The operator shall place a copy of these approvals, in addition to those records identified in sections 17869, in the operating record. (b) Some of the provisions of this Chapter allow the EA to approve a reduced inspection frequency. The EA shall only approve a reduced inspection frequency if the EA finds that it is as protective of the public health and safety and the environment as the standard inspection frequency. (c) Some of the standards contained in this Chapter allow the EA to approve an alternative method of compliance with the standard. These provisions are not intended to allow the EA to change the particular standard, but are intended to allow the EA flexibility to approve, in advance, an alternative method of meeting the existing standard. For facilities that require a full solid waste facilities permit, the EA may choose to include the approved method as a term and condition of the solid waste facilities permit, rather than in the manner authorized by subdivision (a) of this section. If the method is included in the Compostable Materials Handling Facility Permit, a change to the method may require a revision to the solid waste facilities permit in accordance with the procedures set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2, 3, and 3.1 (commencing with section 21570). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17854. Compostable Materials Handling Facility Permit Requirements. Except as specified in this Article, all compostable materials handling activities shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17855. Excluded Activities. (a) The activities listed in this section do not constitute compostable material handling operations or facilities for the purposes of this Chapter and are not required to meet the requirements set forth herein. Nothing in this section precludes the EA or the board from inspecting an excluded activity to verify that the activity is being conducted in a manner that qualifies as an excluded activity or from taking any appropriate enforcement action. (1) An activity is excluded if it handles agricultural material, derived from an agricultural site, and returns a similar amount of the material produced to that same agricultural site, or an agricultural site owned or leased by the owner, parent, or subsidiary of the composting activity. No more than an incidental amount of up to 1,000 cubic yards of compost product may be given away or sold annually. (2) Vermicomposting is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a vermicomposting activity, for use as a growth medium on that same site, is an excluded activity if it complies with section 17855(a)(1). (3) Mushroom farming is an excluded activity. The handling of compostable material prior to and after use as a growth medium is not an excluded activity and is subject to the requirements of this chapter. Handling of agricultural material on the site of a mushroom farm, for use as mushroom bedding on that same site, is an excluded activity if it complies with section 17855(a)(1). (4) Handling of green material, feedstock, additives, amendments, compost, or chipped and ground material is an excluded activity if 500 cubic yards or less is on-site at any one time, the compostable materials are generated on-site and if no more than 1,000 cubic yards of materials are either sold or given away annually. The compostable material may also include up to 10% food material by volume. (5) The handling of compostable materials is an excluded activity if: (A) the activity is located at a facility (i.e., landfill or transfer/processing facility) that has a tiered or full permit as defined in section 18101, 1. has a Report of Facility Information which is completed and submitted to the EA that identifies and describes the activity and meets the requirements of Titles 14 or 27; and, 2. will only use the material on the facility site, or (B) the activity is solely for the temporary storage of biosolids sludge at a Publicly Operated Treatment Works (POTW), or (C) the activity is located at the site of biomass conversion and is for use in biomass conversion as defined in Public Resources Code section 40106; or (D) the activity is part of a silvicultural operation or a wood, paper, or wood product manufacturing operation; or (E) the activity is part of an agricultural operation and is used to temporarily store or process agricultural material not used in the production of compost or mulch; or (F) the activity is part of an operation used to chip and grind materials derived from and applied to lands owned or leased by the owner, parent, or subsidiary of the operation; or (G) the activity is part of an agricultural operation used to chip and grind agricultural material produced on lands owned or leased by the owner, parent, or subsidiary of the agricultural operation, for use in biomass conversion; or (H) the activity is part of an animal food manufacturing or rendering operation. (I) the activity is the storage of yard trimmings at a publicly designated site for the collection of lot clearing necessary for fire protection provided that the public agency designating the site has notified the fire protection agency; or (J) the materials are handled in such a way to preclude their reaching temperatures at or above 122 degrees Fahrenheit as determined by the EA. (6) Non-commercial composting with less than one cubic yard of food material is excluded provided that all compostable material is generated and used on-site. (7) Storage of bagged products from compostable material is an excluded activity provided that such bags are no greater than 5 cubic yards. (8) Within-vessel composting process activities with less than 50 cubic yard capacity are excluded. (9) Beneficial use of compostable materials is an excluded activity. Beneficial use includes, but is not limited to, slope stabilization, weed suppression, alternative daily cover, and similar uses, as determined by the EA; land application in accordance with California Department of Food and Agriculture requirements for a beneficial use as authorized by Food and Agricultural Code section 14501 et seq.; and reclamation projects in accordance with the requirements of the Office of Mine Reclamation of the Department of Conservation as authorized by Public Resources Code section 2770 et seq. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17855.2. Prohibitions. (a) The composting of unprocessed mammalian tissue, including but not limited to, flesh, organs, hide, blood, bone and marrow is prohibited, except when from the food service industry, grocery stores, or residential food scrap collection. Carcasses of animals with any contagious disease shall not be composted, unless approved in writing by the California Department of Food and Agriculture, Division of Animal Industry. (b) The composting of medical waste is prohibited. (c) The composting of hazardous waste is prohibited. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17855.3. Permit Name. Any permit issued pursuant to this Article, except for one issued pursuant to section 17862.1(b), shall be entitled: "Compostable Materials Handling Facility Permit." Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17855.4. Pre-Existing Permits and Notifications. (a) If a facility had previously obtained a Registration or Standardized Permit in accordance with the regulations in effect prior to April 4, 2003, that facility may continue to operate in accordance with its permit until the EA conducts a permit review pursuant to Title 14, California Code of Regulations, sections 18104.7 and 18105.9 and determines that a Compostable Materials Handling Facility Permit is required. If the EA makes such a determination, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. (b) If an operation had previously been operating pursuant to an EA Notification in accordance with the regulations in effect prior to April 4, 2003, that operation may continue to operate in accordance with its EA Notification or regulatory authorization until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If the EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. (c) If an activity had previously been excluded from the regulations in effect prior to April 4, 2003, that activity may continue to operate in accordance with its regulatory exclusion until the EA determines that a Compostable Materials Handling Facility Permit is required. The EA shall make this determination no sooner than 120 days and no later than two years from April 4, 2003. If EA determines that a Compostable Materials Handling Facility Permit is required, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years of that determination. (d) Notwithstanding other provisions of this section, a Chipping and Grinding activity that is currently operating in accordance with the regulations in effect prior to April 4, 2003, may continue to operate in accordance with its regulatory authorization until the EA determines that a different authorization is required. The EA shall make this determination within 120 days from April 4, 2003. (1) If the EA determines that the activity is required to comply with the EA Notification requirements, the operator shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), within 120 days from that determination. (2) If the EA determines that the activity is required to comply with the Registration requirements, the operator shall comply with the Registration requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100) within 120 days from that determination. (3) If the EA determines that the activity is required to comply with the Compostable Materials Handling Facility Permit requirements, the operator shall comply with the Compostable Materials Handling Facility Permit requirements set forth in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450) within two years from that determination. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17856. Agricultural Material Composting Operations. (a) All agricultural material composting operations and chipping and grinding operations shall comply with the Enforcement Agency Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. Agricultural Compostable Materials Handling Operations shall only be subject to the requirements of section 17863.4 if the EA makes a written determination that the operation has violated the requirements for odor impacts of section 17867. (b) Compost produced by an agricultural material composting operation or a chipping and grinding operation which uses only agricultural material may be sold or given away in unrestricted quantities. These operations shall be inspected by the EA at least once annually. (c) Compost produced by an agricultural material composting operation which uses agricultural material and/or green material, as specified in section 17852(a)(21), may be sold or given-away in accordance with the following restrictions. (1) Those sites that do not sell or give-away more than 1,000 cubic yards of material per year shall be inspected by the EA at least once annually when actively composting. If more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, is to be handled on-site of productive farmland as defined in Government Code section 51201, the operator shall give advance notice to the EA. The EA shall only prohibit the on-site storage of additional materials, or impose a greater inspection frequency, if the EA makes a written finding that it will pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board. (2) Those operations that sell or give-away more than 1,000 cubic yards of material per year, shall have no more than 12,500 cubic yards of green material, including feedstock, compost, or chipped and ground material, on-site at any one time and shall be inspected by the EA once every three (3) months. (3) These sites shall record the quantity received of green material. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17857. Green Material Composting Operations and Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17857.1. Green Material Composting Operations and Facilities. (a) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100). (b) A green material composting operation that has up to 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall be inspected by the EA at least once every three (3) months, unless an operator request for a reduced inspection frequency of no less than annually is approved by the EA. The EA shall only approve a lesser inspection frequency, if the EA finds that it will not pose an additional risk to public health and safety and the environment. The EA shall forward a copy of the request and approval to the Board. (c) A green material composting facility that has more than 12,500 cubic yards of feedstock, compost, or chipped and ground material on-site at any one time shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17858. Animal Material Composting Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17859. Sewage Sludge Composting Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. Title 40, Chapter I, Subchapter O, Part 503, of the Code of Federal Regulations. s 17859.1. Biosolids Composting at POTWs. (a) Except as provided in section 17855(a)(5)(B), the composting of biosolids on-site at a Publicly Operated Treatment Works (POTW) shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100). (b) All other composting of biosolids shall comply with section 17854. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code; and Title 40, Chapter I, Subchapter O, Part 503, Code of Federal Regulations. s 17860. Mixed Solid Waste Composting Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17861. Application Process for Green Compost Permit. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40057, 43020 and 43021, Public Resources Code. s 17862. Research Composting Operations. (a) An operator conducting research composting operations shall not have more than 5,000 cubic yards of feedstock, additives, amendments, chipped and ground material, and compost on-site at any one time, and shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. (b) An operator conducting research composting operations utilizing within-vessel processing, may exceed 5,000 cubic-yards of feedstock, additives, amendments, chipped and ground material and compost, if the EA determines that such increased volume will not pose additional risk to the public health, safety and the environment. (c) In addition to the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, section 18103.1(a)(3), the operator shall provide a description of the research to be performed, research objectives, methodology/protocol to be employed, data to be gathered, analysis to be performed, how the requirements of this subchapter will be met, and the projected timeframe for completion of the research operation. (d) The EA Notification for a research composting operation shall be reviewed after each each two year period of operation. Review criteria shall include the results and conclusions drawn from the research. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17862.1. Chipping and Grinding Operations and Facilities. (a) A chipping and grinding operation that receives up to 200 tons per day of material that may be handled by a green material composting operation shall comply with the EA Notification requirements set forth in Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0 (commencing with section 18100), except as otherwise provided by this Chapter. (b) A chipping and grinding facility that receives more than 200 tons per day, and up to 500 tons per day of material that may be handled by a green material composting operation shall obtain a Registration Permit pursuant to the requirements of Title 14, California Code of Regulations, Division 7, Chapter 5.0, Article 3.0, prior to commencing operations. (c) A chipping and grinding facility that receives more than 500 tons per day of material that may be handled by a green material composting operation shall obtain a Compostable Materials Handling Facility Permit pursuant to the requirements of Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1,2,3, and 3.1 (commencing with section 21450) prior to commencing operations. (d) A chipping and grinding operation or facility shall not be subject to the provisions of sections 17868.1 through 17868.3 of this Chapter. (e) If a chipping and grinding operation or facility exceeds the contamination limits in section 17852 (a)(21), it shall be regulated as set forth in the Transfer/Processing Regulatory requirements (commencing at section 17400). (f) If a chipping and grinding operation or facility stores material for a longer period of time than is allowed by section 17852 (a)(10)(A)(2), then the site shall be regulated as a green material handling operation or facility, as set forth in this Chapter. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17862.2. Storage. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17863. Report of Composting Site Information. Each operator of a compostable material handling facility that is required to obtain a Compostable Materials Handling Facility Permit, as specified in Article 2 of this Chapter, shall, at the time of application, file a Report of Composting Site Information with the EA. If the operator intends to alter the permitted feedstock, these changes must be reported to the EA for maintenance of permit status. Such changes may become the basis for revisions to the permit or for revocation of the permit. (m) A description of the proposed site restoration activities, in accordance with Section 17870. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17863.4. Odor Impact Minimization Plan. (a) All compostable material handling operations and facilities shall prepare, implement and maintain a site-specific odor impact minimization plan. A complete plan shall be submitted to the EA with the EA Notification or permit application. (b) Odor impact minimization plans shall provide guidance to on-site operation personnel by describing, at a minimum, the following items. If the operator will not be implementing any of these procedures, the plan shall explain why it is not necessary. (1) an odor monitoring protocol which describes the proximity of possible odor receptors and a method for assessing odor impacts at the locations of the possible odor receptors; and, (2) a description of meteorological conditions effecting migration of odors and/or transport of odor-causing material off-site. Seasonal variations that effect wind velocity and direction shall also be described; and, (3) a complaint response protocol; and, (4) a description of design considerations and/or projected ranges of optimal operation to be employed in minimizing odor, including method and degree of aeration, moisture content of materials, feedstock characteristics, airborne emission production, process water distribution, pad and site drainage and permeability, equipment reliability, personnel training, weather event impacts, utility service interruptions, and site specific concerns; and, (5) a description of operating procedures for minimizing odor, including aeration, moisture management, feedstock quality, drainage controls, pad maintenance, wastewater pond controls, storage practices (e.g., storage time and pile geometry), contingency plans (i.e., equipment, water, power, and personnel), biofiltration, and tarping. (c) The odor impact minimization plan shall be revised to reflect any changes, and a copy shall be provided to the EA, within 30 days of those changes. (d) The odor impact minimization plans shall be reviewed annually by the operator to determine if any revisions are necessary. (e) The odor impact minimization plan shall be used by the EA to determine whether or not the operation or facility is following the procedures established by the operator. If the EA determines that the odor impact minimization plan is not being followed, the EA may issue a Notice and Order (pursuant to section 18304) to require the operator to either comply with the odor impact minimization plan or to revise it. (f) If the odor impact minimization plan is being followed, but odor impacts are still occurring, the EA may issue a Notice and Order (pursuant to section 18304) requiring the operator to take additional reasonable and feasible measures to minimize odors. Note: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1, s 17864. General Terms and Conditions. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17865. Siting on Landfills. (a) Compostable materials handling operations and facilities located atop closed solid waste landfills shall meet postclosure land use requirements pursuant to Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 3, Subchapter 5, Article 2, section 21190. (b) Compostable materials handling operations and facilities sited on intermediate cover on a solid waste landfill shall locate operations areas on foundation substrate that is stabilized, either by natural or mechanical compaction, to minimize differential settlement, ponding, soil liquefaction, or failure of pads or structural foundations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17866. General Design Requirements. (a) Compostable materials handling operations and facilities shall be designed and constructed in such a manner as to enable the operations and facilities to comply with the operational requirements set forth in Article 6 of this Chapter. (b) The design of a compostable materials handling facility shall utilize advice, as appropriate, from persons competent in engineering architecture, landscape design, traffic engineering, air quality control, and design of structures. (1) The engineering design of a compostable materials handling facility shall be in accordance with the principles and disciplines in the State of California generally accepted for design of this type of facility. The design of a composting facility requiring a Compostable Materials Handling Facility Permit shall accompany the Report of Composting Site Information, pursuant to section 17863 of this Chapter. (2) The engineering design shall be based on appropriate data regarding the service area, anticipated nature and quantity of material to be received, climatological factors, physical settings, adjacent land use (existing and planned), types and numbers of vehicles anticipated to enter the station, drainage control, the hours of operation and other pertinent information. If the station is to be used by the general public, the design of the facility shall take account of features that may be needed to accommodate such public use. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17867. General Operating Standards. (a) All compostable materials handling operations and facilities shall meet the following requirements: (1) The composting of mammalian flesh, organs, unprocessed hide, blood, bone, and marrow is prohibited, except when from the residential sector or food service industry. Carcasses of animals with any contagious disease shall not be composted, unless approved in writing by the California Department of Food and Agriculture, Division of Animal Industry. (2) All handling activities shall be conducted in a manner that minimizes vectors, odor impacts, litter, hazards, nuisances, and noise impacts; and minimizes human contact with, inhalation, ingestion, and transportation of dust, particulates, and pathogenic organisms. (3) Random load checks of feedstocks, additives, and amendments for contaminants shall be conducted. (4) Contamination of compostable material that has undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, with feedstocks, compost, or wastes that have not undergone pathogen reduction, pursuant to section 17868.3 of this Chapter, or additives shall be prevented. (5) Unauthorized human or animal access to the facility shall be prevented. (6) Traffic flow into, on, and out of the composting operation or facility shall be controlled in a safe manner. (7) All compostable materials handling operations and facilities, that are open for public business, shall post legible signs at all public entrances. These signs shall include the following information: (A) name of the operation or facility, (B) name of the operator, (C) facility hours of operation, (D) materials that will and will not be accepted, if applicable, (E) schedule of charges, if applicable, and (F) phone number where operator or designee can be reached in case of an emergency. (8) The operator shall provide fire prevention, protection and control measures, including, but not limited to, temperature monitoring of windrows and piles, adequate water supply for fire suppression, and the isolation of potential ignition sources from combustible materials. Firelanes shall be provided to allow fire control equipment access to all operation areas. (9) The operator shall provide telephone or radio communication capability for emergency purposes. (10) Physical Contaminants and refuse removed from feedstock, compost, or chipped and ground material shall be removed from the site within 7 days and transported to an appropriate facility. (11) Enclosed operations and facilities shall provide ventilation to prevent adverse public health effects from decomposition gases. (12) The operator shall ensure that leachate is controlled to prevent contact with the public. (13) The operator shall prevent or remove physical contaminants in compost and chipped and ground materials that may cause injury to humans. (14) An attendant shall be on duty during business hours if the operation or facility is open to the public. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17867.5. Training. (a) Compostable materials handling operations and facilities shall meet the following requirements: (1) Operators shall ensure that all personnel assigned to the operation shall be trained in subjects pertinent to operations and maintenance, including the requirements of this article, physical contaminants and hazardous materials recognition and screening, with emphasis on odor impact management and emergency procedures. A record of such training shall be maintained on the site. Note: Authority cited: Sections 40502, 43020, and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17868.1. Sampling Requirements. All composting operations that sell or give away greater than 1,000 cubic yards of compost annually, and all facilities shall meet the following requirements: (a) Operators shall verify that compost meets the maximum acceptable metal concentration limits specified in section 17868.2, and pathogen reduction requirements specified in section 17868.3. Verification of pathogen reduction requirements shall occur at the point where compost is sold and removed from the site, bagged for sale, given away for beneficial use and removed from the site or otherwise beneficially used. This verification shall be performed by taking and analyzing at least one composite sample of compost, following the requirements of this section as follows: (1) An operator who composts green material, food material, or mixed solid waste shall take and analyze one composite sample for every 5,000 cubic-yards of compost produced. (2) An operator who composts biosolids shall meet the sampling schedule described in Table 1 below. Table 1- Frequencies of Compost Sampling for Biosolids Composting Facilities Amount of Biosolids Compost Feedstock (metric tons per 365 day period) Frequency Greater than zero but annually fewer than 290 Equal to or greater than quarterly 290 but fewer than 1,500 Equal to or greater than bimonthly 1,500 but fewer than 15,000 Equal to or greater than monthly 15,000 (A) The amount of biosolids compost feedstock shall be calculated in dry weight metric tons. (3) Composite sample analysis for maximum acceptable metal concentrations, specified in section 17868.2, shall be conducted at a laboratory certified by the California Department of Health Services, pursuant to the Health and Safety Code. (b) A composite sample shall be representative and random, and may be obtained by taking twelve (12) mixed samples as described below. (1) The twelve samples shall be of equal volume. (2) The twelve samples shall be extracted from within the compost pile as follows: (A) Four samples from one-half the width of the pile, each at a different cross-section; (B) Four samples from one-fourth the width of the pile, each at a different cross-section; and, (C) Four samples from one-eighth the width of the pile, each at a different cross-section. (c) The EA may approve alternative methods of sampling for a green material composting operation or facility that ensures the maximum metal concentration requirements of section 17868.2 and the pathogen reduction requirements of section 17868.3 are met. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17868.2. Maximum Metal Concentrations. (a) Compost products derived from compostable materials that contain any metal in amounts that exceed the maximum acceptable metal concentrations shown in Table 2 shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction. Table 2 -Maximum Acceptable Metal Concentrations Constituent Concentration (mg/kg) on dry weight basis Arsenic (As) 41 Cadmium (Cd) 39 Chromium (Cr) 1200 Copper (Cu) 1500 Lead (Pb) 300 Mercury (Hg) 17 Nickel (Ni) 420 Selenium (Se) 36 Zinc (Zn) 2800 (b) Alternative methods of compliance to meet the requirements of Subdivision (a) of this section, including but not limited to sampling frequencies, may be approved by the EA for green and food materials composting operations and facilities if the EA determines that the alternative method will ensure that the maximum acceptable metal concentrations shown in Table 2 are not exceeded. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17868.3. Pathogen Reduction. (a) Compost products derived from compostable materials, that contains pathogens in amounts that exceed the maximum acceptable pathogen concentrations described in Subdivision (b) of this section shall be designated for disposal, additional processing, or other use as approved by state or federal agencies having appropriate jurisdiction. (b) Operators that produce compost shall ensure that: (1) The density of fecal coliform in compost, that is or has at one time been active compost, shall be less than 1,000 Most Probable Number per gram of total solids (dry weight basis), and the density ofSalmonella sp. bacteria in compost shall be less than three (3) Most Probable Number per four (4) grams of total solids (dry weight basis). (2) At enclosed or within-vessel composting process operations and facilities, active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days. (A) Due to variations among enclosed and within-vessel composting system designs, including tunnels, the operator shall submit a system-specific temperature monitoring plan with the permit application to meet the requirements of Subdivision (b)(2) of this section. (3) If the operation or facility uses a windrow composting process, active compost shall be maintained under aerobic conditions at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 15 days or longer. During the period when the compost is maintained at 55 degrees Celsius or higher, there shall be a minimum of five (5) turnings of the windrow. (4) If the operation or facility uses an aerated static pile composting process, all active compost shall be covered with 6 to 12 inches of insulating material, and the active compost shall be maintained at a temperature of 55 degrees Celsius (131 degrees Fahrenheit) or higher for a pathogen reduction period of 3 days. (c) Alternative methods of compliance to meet the requirements of Subdivision (b) of this section may be approved by the EA if the EA determines that the alternative method will provide equivalent pathogen reduction. (d) Compost operations and facilities shall be monitored as follows to ensure that the standards in Subdivision (b) of this section are met: (1) Each day during the pathogen reduction period, at least one temperature reading shall be taken per every 150 feet of windrow, or fraction thereof, or for every 200 cubic-yards of active compost, or fraction thereof. (2) Temperature measurements for pathogen reduction shall be measured as follows: (A) Windrow composting processes and agitated bays shall be monitored twelve (12) to twenty-four (24) inches below the pile surface; (B) Aerated static pile composting processes shall be monitored twelve (12) to eighteen (18) inches from the point where the insulation cover meets the active compost. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17868.4. Clean Green Material Processing Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17868.5. Green Material Processing Requirements. In order for a feedstock to be considered green material, as defined in section 17852(a)(21), the following requirements shall be met: (a) The feedstock shall undergo load checking to ensure that physical contaminants are no greater than 1.0 percent of total weight. Load checking shall include both visual observation of incoming waste loads and load sorting to quantify percentage of contaminating materials. (1) A minimum of one percent of daily incoming feedstock volume or at least one truck per day, whichever is greater, shall be inspected visually. If a visual load check indicates a contamination level greater than 1.0 percent, a representative sample shall be taken, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. The load shall be rejected if physical contaminants are greater than 1.0 percent of total weight. (b) Upon request of the EA, the operator shall take a representative sample of feedstock, physical contaminants shall be collected and weighed, and the percentage of physical contaminants determined. (c) Any agricultural material handling operation using this material shall ensure the feedstock meets the metal concentration limits specified in Table 2 of section 17868.2. (d) Facility personnel shall be adequately trained to perform the activities specified in this section. (e) Any operation or facility using this feedstock shall maintain records demonstrating compliance with this section. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17869. General Record Keeping Requirements. Except as provided in subsection (d), all compostable materials handling operations and facilities shall meet the following requirements: (a) All records required by this Chapter shall be kept in one location and accessible for five (5) years and shall be available for inspection by authorized representatives of the board, EA local health entity, and other duly authorized regulatory and EAs during normal working hours. (b) The operator shall record any special occurrences encountered during operation and methods used to resolve problems arising from these events, including details of all incidents that required implementing emergency procedures. (c) The operator shall record any public complaints received by the operator, including: (1) the nature of the complaint, (2) the date the complaint was received, (3) if available, the name, address, and telephone number of the person or persons making the complaint, and (4) any actions taken to respond to the complaint. (d) The operator shall record the quantity and type of feedstock received and quantity of compost and chipped and ground material produced. Agricultural compostable materials handling operations shall maintain records only for compostable material accepted from off-site. (e) The operator shall record the number of load checks performed and loads rejected. (f) The operator shall record all test results generated by compliance with Article 7 of this Chapter, including but not limited to, metal concentrations, fecal coliform andSalmonella sp. densities, temperature measurements, and dates of windrow turnings. (1) The operator shall retain records detailing pathogen reduction methods. (g) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement. (h) The operator shall retain a record of training and instruction completed in accordance with section 17867.5. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17870. Site Restoration. All compostable materials handling operations and facilities shall meet the following requirements: (a) The operator shall provide the EA written notice of intent to perform site restoration, at least 30 days prior to beginning site restoration. (b) The operator(s) and owner(s) shall provide site restoration necessary to protect public health, safety, and the environment. (c) The operator shall ensure that the following site restoration procedures are performed upon completion of operations and termination of service: (1) The operation and facility grounds, ponds, and drainage areas shall be cleaned of all residues including, but not limited to, compost materials, construction scraps, and other materials related to the operations, and these residues legally recycled, reused, or disposed of. (2) All machinery shall be cleaned and removed or stored securely. (3) All remaining structures shall be cleaned of compost materials, dust, particulates, or other residues related to the composting and site restoration operations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 17871. Geological Siting Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 43020 and 43021, Public Resources Code. s 17873. General Facility Design Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code; and Sections 6730, 6735.1, 6735.3, and 6735.4, Business and Professions Code. s 17875. General Facility Operations Procedures for Exempted and Non-Exempted Composting Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code. s 17876. General Facility Operations Procedures for Non-Exempted Composting Facilities. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code. s 17877. Record Maintenance Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code. s 17879. Site Closure Standards. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 43020 and 43021, Public Resources Code. s 17881. Purpose, Scope, and Applicability. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17883. Compliance with Laws and Regulations. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17885. General Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code;and 40 CFR, Part 261. s 17886. Compliance Period. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17887. Environmental Health Standards. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17889. Compliance Monitoring Program. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17891. Noncompliance and Green Composting Permit Modification. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17893. Specific Exemptions. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17895. Reporting Requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40051, 40052, 40053, 40054, 40055, 40056, 40057, 40116, 43020 and 43021, Public Resources Code. s 17897. Purpose, Scope and Applicability. (a) The purpose of this chapter is to establish minimum standards that define the acceptable management of asbestos containing waste. The standards of this chapter apply only to the owner or operator of a solid waste facility who disposes of asbestos containing waste, pursuant to Health and Safety Code section 25143.7. (b) Nothing in these Articles shall be construed as relieving any owner, operator, or designee from the obligation of obtaining all required permits, licenses, or other clearances and complying with all orders, laws, regulations, or reports, or other requirements of other regulatory or enforcement agencies, including but not limited to, local health agencies, regional water quality control boards, air quality management districts or air pollution control districts, local land use authorities, and fire authorities. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.10. Definitions. The following definitions are to used only for the purposes of this Chapter. "Adequately wet" means waste that is sufficiently mixed or penetrated with liquid to prevent the release of finely divided particles. Spraying water over the surface of asbestos containing waste does not satisfy "adequately wet" requirement. "Asbestos Containing Waste" or "ACW" means asbestos containing waste managed at a landfill as authorized by section 25143.7, chapter 6.5 of the California Health and Safety Code which contains greater than one percent (1%) friable asbestos by weight. Asbestos containing waste does not include waste contaminated with another hazardous waste as identified in chapter 11. division 4.5, title 22, California Code of Regulations. "Designated Asbestos Containing Waste Disposal Area" means an area specifically designated for the disposal of asbestos containing waste at a solid waste facility. A specifically designated area is a dedicated disposal area. The area shall be identified on a survey plat containing the location and dimensions of the area with respect to permanently surveyed vertical and horizontal control monuments. This survey plat shall be prepared and certified by a professional land surveyor licensed in California or a civil engineer authorized to practice land surveying in California. The designated area shall be delineated with physical barriers, such as a fence, and signs. "Disposal" means the final deposition of asbestos containing waste onto the land, into the atmosphere or into the waters of the state. "Enforcement Agency" means the California Integrated Waste Management Board or its designee. "Excavation" means any activity that exposes buried asbestos containing waste to the atmosphere. "Handling" means the collection, processing, treatment, or packaging of asbestos containing waste for disposal. "Leak tight" means that solids or liquids cannot escape or spill out. It also means dust tight. "Natural barrier" means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes, or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier. "Solid waste facility" means any class II or class III landfill as defined in sections 2532 and 2533, chapter 15, title 23, California Code of Regulations (CCR); and any unclassified waste management unit which accepts inert waste as defined in section 2524, chapter 15, title 23, CCR. "Visible emissions" means any emissions that are visually detectable without the aid of instrument, coming from asbestos containing waste or from handling and disposal of asbestos containing waste. This does not include condensed uncombined water vapor. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code; and 40 CFR Part 61 Section 140, Subpart M. s 17897.15. Schedules of Compliance. (a) The owner or operator of a solid waste facility that disposes of asbestos containing waste (ACW) in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and does not possess a solid waste facilities permit shall: (1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996. (2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency. (3) Obtain a solid waste facilities permit on or before November 29, 1997. (b) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which regulates the disposal of asbestos containing waste shall: (1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996. (2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency. (3) Obtain approval for RDSI amendments on or before November 29, 1997. (c) The owner or operator of a solid waste facility that disposes of ACW in accordance with section 25143.7 of the Health and Safety Code on or after August 1, 1996 and has a solid waste facilities permit which does not regulate the disposal of asbestos containing waste shall: (1) Comply with the security, inspection, manifest system, recordkeeping and reporting requirements specified in this chapter on or before October 30, 1996. (2) Implement the approved change(s) according to a schedule of compliance established by the Enforcement Agency. (3) Obtain a revised solid waste facilities permit on or before November 29, 1997. (d) The owner or operator of a solid waste facility that has not disposed of ACW in accordance with section 25143.7 of the Health and Safety Code on or before August 1, 1996 and intends to dispose of ACW shall file an application for a permit revision request pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter. (e) The owner or operator of a new solid waste facility who intends to dispose of ACW in accordance with section 25143.7 of the Health and Safety Code after August 1, 1996 shall file an application for a new permit pursuant to article 3.1, chapter 5 of this division to the Enforcement Agency and comply with the provisions specified in this chapter. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.16. General Standards. The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the designated asbestos containing waste disposal area complies with requirements specified in this division. The designated asbestos containing waste disposal area shall be located, designed, constructed, operated andmaintained so that it will protect public health, worker safety, and the environment. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.18. Design and Operating Requirements. The owner or operator of a solid waste facility that disposes of asbestos containing waste shall: (a) establish a designated asbestos containing waste disposal area for the disposal of asbestos containing waste as defined in section 17897.10; (b) establish a site control program with work zones and control points at the designated asbestos containing waste disposal area. At a minimum, work zones should be established for the active face, designated disposal area, handling and support areas; (c) segregate asbestos containing waste from refuse. At no time shall asbestos containing waste be disposed with refuse; (d) establish a means to prevent any visible emissions outside the designated asbestos containing waste disposal area during handling and disposal operations; (e) maintain the integrity of leak-tight containers and/or packaging at all times during the handling and disposal operations; (f) minimize the release and exposure of asbestos containing waste after placement in the disposal area by not compacting the waste prior to application of cover, at no time shall compaction equipment come into contact with asbestos containing waste containers or packaging; (g) after deposit, the owner or operator shall cover the asbestos containing waste with sufficient cover material to ensure complete coverage of the disposed asbestos containing waste and prevent re-exposure during continuing disposal operations. (h) cover shall be applied to the asbestos containing waste at a frequency that minimizes releases to the environment and threats to human health, but at a minimum of once every operational hour. An alternative frequency may be prescribed if the Enforcement Agency deems it appropriate. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.19. Additional Requirements. (a) The owner or operator shall not accept asbestos containing waste without having received an Identification Number as described in section 66260.10, title 22, California Code of Regulations (CCR), following the procedure specified by the Department of Toxic Substances Control. (b) In addition to any requirements already imposed on landfills by Title 14, Division 7, Chapter 3 (commencing with section 17200) and Chapter 5 (commencing with section 18010), and in lieu of any requirements imposed by Title 8 and Title 22, the owner or operator shall comply with the following requirements: (1) Provide additional site security to that required in article 7.4 of chapter 3 of this division (commencing with section 17656) to prevent unauthorized entry of persons into the designated asbestos containing waste disposal area. These requirements include: (A) A surveillance system which continuously monitors and controls entry by the public into the designated asbestos containing waste disposal area or means to control entry into the designated asbestos containing waste disposal area at all times, unless the entire facility meets the above requirements or the facility does not allow public access. (B) Post warning signs as specified in this section around the designated asbestos containing waste disposal area. These signs must be posted in a manner so that a person can read them. These signs shall be at least 51 cm X 36 cm (20 inch x 14 inch) and state the following information: DANGER Asbestos Waste Disposal Site Do Not Create Dust Breathing Asbestos Is Hazardous To Your Health The top line shall be in at least one and three fourths inch (4.4 cm) type. The second line shall be in at least one inch (2.5 cm) type. The third line shall be in at least three fourths inch (1.9 cm) type. The last line shall be in at least 48 point type. All four lines shall be in Sans Serif, Gothic or Block type. The line spacing shall be equal or greater to the height of the upper line. The legend shall be written in English, Spanish and in any other language predominant in the area surrounding the solid waste facility. (2) In addition to disposal site records specified in article 7.3 of chapter 3 of this division (commencing with section 17636), maintain the additional information required by article 5, chapter 15, division 4.5, title 22, CCR as it relates to hazardous waste manifests and recordkeeping. (A) The solid waste facility shall comply with the requirements of chapter 18, division 4.5, title 22, CCR as they apply to the notification/certification/treatment of asbestos containing waste prior to land disposal. At a minimum, the solid waste facility should ensure that the asbestos containing waste is adequately wet or treated so that it meets this standard prior to disposal. (B) The solid waste facility shall maintain an operating record as part of the disposal site record. This operating record shall include the following information: the quantity and date of each shipment of asbestos containing waste received, the disposal location(s) of each shipment of asbestos containing waste, a summary report of all incidents which require implementation of the contingency plan, results of inspection required by section 17897.20, and training records as specified in subsection (c)(2)(B) of this section. The operating record shall be maintained until closure of the facility. (3) Meet the requirements for financial responsibility for liability claims and closure and post closure as specified in articles 3.3 and 3.5 of chapter 5 of this division. (c) The owner or operator shall at a minimum comply with the following additional requirements: (1) The solid waste facility shall prepare a contingency plan. The contingency plan shall be designed to minimize the hazard to human health or the environment from unplanned sudden or non-sudden release of asbestos containing waste to the air, soil or water. The provisions of this plan shall be carried out immediately when a release could threaten human health or the environment. (A) The contingency plan shall describe the actions facility personnel shall take in response to a release of asbestos containing waste. The plan shall describe arrangements agreed to by local emergency response agencies. The plan shall list names, addresses and telephone numbers of all persons qualified to act as emergency coordinators. This list shall be kept up to date. The plan shall list all emergency equipment located at the facility. This list shall be kept up to date. The plan shall include a description of each item on the list and a brief description of its capabilities. The plan shall describe a signal to begin evacuation, identify routes for evacuation, and identify alternate routes. (B) The contingency plan shall be amended whenever: the regulations change, the plan fails, the facility changes in operation, the list of emergency coordinators changes, or the list of emergency equipment changes. (C) The owner or operator shall note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the owner or operator shall submit a written report on the incident to the Enforcement Agency. (2) Solid waste facility personnel shall complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way which ensures the facility's compliance with these requirements. (A) The training program shall be directed by a person trained in asbestos waste management procedures. At a minimum, the training program shall be designed to ensure that facility personnel are capable of responding effectively to an emergency by familiarizing them with the contingency plan. Personnel shall successfully complete the training described within six months of their assignment to duties which manage asbestos containing waste. Personnel shall also take part in an annual review of the initial training. No personnel shall work unsupervised until they have completed the training described in this section. (B) The owner or operator shall maintain the following documents and records at the facility: a job title for each job related to asbestos containing waste management and the name of each person filling that job; a written description of that job title; a written description of the type and amount of training required for that job title; and records documenting that the training had been given. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.20. Inspection Requirements. The owner or operator of a solid waste facility that disposes of asbestos containing waste shall inspect the facility. This inspection shall include but not be limited to the designated asbestos waste containing area for deterioration, operator errors, problems with cover, leakage and discharges that may be causing or may lead to: (1) releases to the environment; or (2) a threat to human health. The owner or operator shall maintain an inspection schedule that identifies the items to be inspected, the frequency of the inspection and identify the types of problems that are to be looked for during the inspection. The owner or operator shall conduct these inspections often enough to identify problems in time to correct them before they harm human health or the environment but at a minimum of once each operating day. The owner or operator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Remedial action must be taken immediately where a hazard is imminent or has already occurred. The owner or operator shall maintain a record of these inspections. Notwithstanding section 17897.19(b)(2)(B), the reports resulting from these inspections need only be kept for three years from the date of the inspection. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.21. Excavation Requirements. (a) The owner or operator of any solid waste facility that disposes of asbestos containing waste shall ensure that the excavation or disturbance of buried asbestos containing waste will not pose a danger to the public, employees, and environment. (b) Except as specified in subsection (g) of this section, an excavation management plan shall be prepared and submitted to the Enforcement Agency for review and approval at least 45 days prior to excavating or otherwise disturbing any asbestos containing waste that has been buried at the disposal area. The excavation management plan shall include the following information: (1) Schedule starting and completion dates. (2) Map showing the location of the area where buried asbestos containing waste is to be excavated or disturbed, locations of on-site structures, and environmental monitoring collection and control systems. (3) Response for disturbing the waste. (4) A health and safety plan identifying the health and safety issues regarding the proposed excavation and measures to be taken to protect public health, worker safety, and the environment. The plan shall be developed and prepared by an industrial hygienist certified by the American Board of Industrial Hygiene. This health and safety plan shall include work practices and engineering controls to be used to protect worker health and safety during excavation. (5) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated waste. The Enforcement Agency shall consult with the appropriate air quality control district or state Air Resources Control Board when evaluating the proposed emissions control procedures. (6) Location of any temporary storage site and the final disposal site. (c) The excavation management plan shall be prepared by a professional engineer or engineering geologist registered in California. (d) If the excavation will begin on a date other than the date specified in the plan, the owner or operator shall notify the Enforcement Agency at least 5 calendar days prior to the rescheduled start date by certified mail. If the completion date is delayed, the owner or operator shall notify the Enforcement Agency of the new completion date at least 2 calendar days before the original scheduled completion date by certified mail. (e) In evaluating the proposed excavation management plan, the Enforcement Agency will consider: (1) whether the excavation is necessary to the proposed use of the site, and will not increase the potential hazard to human health or the environment; (2) whether the excavation is necessary to reduce a threat to human health, employees, and the environment; and (3) recommendations of the appropriate air quality control district and the regional water quality control board. (f) No later than 30 calendar days from receipt of the plan, the Enforcement Agency shall respond to the applicant regarding completeness of the plan. If the plan is incomplete, the applicant will be notified which parts of the plan are incomplete and the manner with which the plan can be made complete. If additional review time is needed, the applicant will be notified within 30 days of submittal of the plan. (g) The 45 day notice is not required if an emergency excavation is performed to prevent or diminish an imminent and substantial endangerment to human health or the environment. If an emergency excavation is required, the owner or operator shall give verbal notice to the Enforcement Agency prior to beginning the excavation activity and submit a written report to the Enforcement Agency within 15 days after the emergency excavation has been completed. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.24. General. The owner or operator shall comply with all applicable closure and post closure requirements as specified in article 7.8, chapter 3 and article 3.4, chapter 5 of this division. Note: Authority cited: Section 44820, Public Resources Code. Reference: Section 25143.7, Health and Safety Code. s 17897.25. Authorized ACW Program. Local Enforcement Agencies (LEA) shall meet the following requirements before being authorized to enforce this chapter. (a) At a minimum, the LEA shall: (1) meet the certification requirements as described in Article 2.1 of chapter 5 of this division. (2) have provided field staff with training in compliance with Title 8 CCR, including but not limited to recognition of asbestos, respiratory protection, and selection and use of personal protective equipment. The LEA shall amend their Injury, Illness and Prevention Plan to comply with this requirement. (3) submit an Enforcement Program Plan (EPP) amendment which addresses those elements modified by this authorization. (4) have field staff trained in environmental sampling methodology and practice. The training shall include knowledge of sampling technique, field quality assurance/control, sample custody, sample collection and documentation. (5) provide field staff with equipment necessary to comply with these requirement including but not limited to personal protective equipment and sample collection equipment. (b) The LEA shall make an application for authorization to the Deputy Director of the Permitting and Enforcement Division of the California Integrated Waste Management Board by cover letter with documentation establishing that the requirements of subsection (a) have been met. (c) The Board may make a provisional authorization to an LEA that meets the requirements of subsection (a)(1) and (2) of this section. A provisional authorization may authorize the LEA to implement specific provisions of this chapter. The Board may grant full authorization upon complete compliance with the provisions of this section. (d) In jurisdictions where the Board does not authorize a local program, the Board will be the enforcement agency for ACW. Note: Authority cited: Sections 43200 and 44820, Public Resources Code. Reference: Title 14, CCR, Division 7, Article 2.1, Chapter 5; and Title 8, CCR section 5192. s 17900. Introduction. For the purposes of this Article, both the question and answer in each section have regulatory effect for implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 42010 through 42023 of the Public Resources Code govern Recycling Market Development Zones. Sections 17914 and 17914.5 of this Article relate to Recycling Market Development Zone redesignation requests received at any time following conditional or final designation. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42013 and 42014, Public Resources Code. s 17901. Definitions. In addition to the definitions contained in Public Resources Code Sections 40100-40201 and 42002, the following definitions apply to the regulations contained in this Article. (a) "Board" means the California Integrated Waste Management Board. (b) "Compost" means the product resulting from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or which are separated at a centralized facility. "Compost" includes vegetable, yard, and wood wastes which are not hazardous wastes. (c) "Designation cycle" means the time it takes to complete all the steps that the Board and applicants take to establish Recycling Market Development Zones. The steps include requesting applications, preparing and submitting applications, evaluation applications, selecting zones, and making final designations as Recycling Market Development Zones. (d) "Final designation" means an applicant has received written notification from the Board stating it has satisfactorily completed all the requirements for designation as a Recycling Market Development Zone. (e) "May" means a provision is permissive. (f) "Must" means a provision is mandatory. (g) "Proposed Zone" means the geographic area identified in a Recycling Market Development Zone application for designation as a Recycling Market Development Zone. (h) "Recycling Market Development Zone application" means the written application submitted to the Board, the contents of which are specified in section 17905 of this chapter. (i) "Recycling Market Development Zone" or "Zone" is a geographic area as defined by Public Resources Code Section 42002(c). (j) "Redesignation" means Board approval of an application as defined in section 17914, which describes proposed changes to a currently designated Recycling Market Development Zone. The proposed changes may include, but are not limited to, expansion of an existing Zone's boundaries, reduction of a Zone's boundaries, renewal of Zone designation, and change in boundaries of a Zone. (k) "Zone administrator" means the person selected by the applicant to administer the activities of the Zone and report upon its activities to the Board. (l) "Expansion" means the addition of a jurisdiction or jurisdictions to an existing Zone's boundaries. (m) "Reduction" means the deletion of jurisdiction or jurisdictions from an existing Zone's boundaries. (n) "Change in boundaries of a Zone" means the addition or reduction of land that does not involve the addition or deletion of a jurisdiction or jurisdictions. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 40050, 42002, 42010, 42014, 42019, 42020 and 42022, Public Resources Code. s 17902. How does a Recycling Market Development Zone designation cycle start? (a) By March 31 of each year, if and when the Board determines a need for additional zones, it will evaluate the maximum number of new Recycling Market Development Zones to be designated and initiate a new cycle. The Board will identify the statewide recycling market development objectives for the designation cycle. These are described in Section 17909. (b) Within 120 calendar days of the action taken in (a) above, the Board will mail a notice to all who have made a written request to receive notification, announcing the date when a Recycling Market Development Zone designation cycle will begin. The notice will state the number of the Zones the Board will designate during the designation cycle and will list the statewide recycling market development objectives and their priority of importance. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42013-42014, Public Resources Code. s 17903. What is the deadline for getting my application to the Board? You must submit an original and four copies of your application to the Board by 4:00 p.m. on the one hundred twentieth (120) day after the commencement date of a designation cycle. s 17904. What if the Board receives my application after the deadline? Your application will not be reviewed. The Board will notify you in writing within a minimum of seven days and a maximum of 30 days of the date it received your application to tell you that your application will not be reviewed because it was late. The median timeframe for notification is 21 days. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42013, Public Resources Code. s 17905. What do I need to include in my Zone application? Your Zone application must include all the items listed in (a) through (g), below. When the Board reviews your application, it will consider only the information in your application. (a) The name(s) and address(es) of the applicant or applicants, and (b) The name, address, and phone number of the Proposed Zone's administrator, and (c) The location of the Proposed Zone, as follows: (1) A narrative description of the Proposed Zone's boundaries and location within the State of California, and (2) On a street map, clearly identify the streets that mark the boundaries of the Proposed Zone, and (3) A copy of the existing general zoning and land use maps for the Proposed Zone's area and the area immediately surrounding it. Clearly identify the boundaries of the Zone on this map, and (d) Letters of support and commitment from all cities, counties, agencies, organizations, financial institutions, and businesses, including all suppliers of recovered materials, which you have identified in the application as having a role in the Proposed Zone, and (e) A copy of the resolution or ordinance, from each governing body having jurisdiction over any portion of a Proposed Zone, that makes the findings required by Section 42010(b) of the Public Resources Code, and (f) A detailed recycling market development plan, as described in Section 17907, and (g) A statement describing how you intend to satisfy the California Environmental Quality Act or demonstration of California Environmental Quality Act compliance. (h) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations. Note: Authority cited: Sections 40502, 42013 and 71110, Public Resources Code. Reference: Sections 42010(b), 42015 and 71110(a), Public Resources Code. s 17906. What will the Board consider when reviewing my application? When the Board reviews you application, it will consider only the information in your application. (a) First, the Board will review applications to determine that they are complete and meet the eligibility requirements that are described in section 42002(c) of the Public Resources Code. Within 21 calendar days of receiving an application, the Board will send an Initial Review Letter to the applicant, stating that the Board has received their application. The Board's minimum timeframe for completing an Initial Review is seven days. The median timeframe is 14 days. The maximum time frame is 21 days. The Initial Review Letter will specify any deficiencies regarding completeness or eligibility and grant the applicant 14 calendar days from the date on the letter to correct the deficiencies and submit the changes to the Board. The Board must receive the changes by 4:00 p.m. on the 14th day. (1) Within the 21 day initial review period an applicant can make administrative changes such as changing the name of the contact person, submitting missing pages or correcting calculation or typographical errors. An applicant cannot make changes to the recycling market development plan or change the size of the proposed zone during this time. (2) If more than one application includes the same area, or portion of an area, the Board will notify the applicants, in writing, within the 21 day Initial Review period. The applicants must resubmit their applications without overlapping areas within 30 calendar days of the date on the notification letter. The Board must receive your modified application by 4:00 p.m. on the 30th day. (b) The Board will evaluate your application's recycling market development plan and, if it is accepted, will review it against the statewide recycling objectives. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42020, Public Resources Code. s 17907. What information must be included in my recycling market development plan? The plan shall include, but is not limited to, the following information: (a) An analysis of how the Zone will be supplied with the necessary feedstock to support the number and types of businesses planned for development within the Zone. (b) A marketing plan that describes how the Zone will attract new, and expand existing, businesses. (c) A description of the funding and organizational structure of the Zone. (d) A description of the incentives the local governments plan to offer to businesses in the Zone. (e) A description of the financial support that will be available to businesses in the Zone. (f) An analysis as to whether the available or planned public works system will be able to support the Zone. (g) A description of the real property and buildings available in the Zone for market development purposes. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42012, 42014 and 42015, Public Resources Code. s 17908. What happens if my recycling market development plan is accepted? The Board will review your plan to see if it demonstrates that it is well-developed enough to succeed. If the Board accepts your plan, it qualifies for evaluation in relation to the statewide recycling market development objectives listed in section 17909 of this Article. The Board will select those plans which best support these objectives. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42015 and 42020, Public Resources Code. s 17909. What are statewide recycling market development objectives? Statewide recycling market development objectives focus on State of California recycled materials market development policy and needs and are defined by the Board prior to the commencement of each designation cycle. The relative importance of these objectives may change from one designation cycle to another to reflect the current recycled materials market. The relative importance of each objective will be stated at the beginning of a designation cycle in the Board's notice of commencement of each designation cycle. Statewide objectives include, but are not limited to: (a) To extend the landfill capacity available to the applicant's jurisdiction and region. (b) To encourage advance in recycling technology. (c) To distribute zones to encourage statewide recycling. (d) To stimulate the development of markets for recycled materials. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42015 and 42019, Public Resources Code. s 17910. What happens if the Board designates my area as a Zone? (a) The Board will send you a letter, hereafter referred to as "Notification," within a minimum of 90 and a maximum of 120 calendar days of the application deadline and tell you whether or not you were selected as a Recycling Market Development Zone. The medial timeframe for sending you notification is 110 calendar days. If the Board designates your area as a Zone, the Notification may state that the designation is conditional and specify certain conditions that you must satisfy in order to receive final designation from the Board. (b) Actions you must complete within 90 calendar days prior to receiving final designation may include, but are not limited to, the following: (1) You must submit copies of all finalized multi-jurisdictional agreements. (2) You must demonstrate compliance with the California Environmental Quality Act. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42014 and 42015, Public Resources Code. s 17911. I have completed all conditions listed in my Notification. When can I get final designation? (a) After you satisfy all the conditions in your Notification, you must apply in writing for final designation. The Board must receive your request for final designation within 120 calendar days from the date of the Notification. Your request for final designation must document that you meet the conditions that were specified in your Notification. The Board will make its determination within a minimum of 45 calendar days and a maximum of 90 calendar days of receipt of your request for final designation. The median timeframe is 75 calendar days. (b) If you do not satisfy all the conditions of your Notification within the 120 calendar day time period, you will forfeit your designation status. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Sections 42014 and 42015, Public Resources Code. s 17912. When does my final designation become effective? Your final designation becomes effective on the date the Board awards final designation. At that time, you become eligible to receive low-interest loans pursuant to section 42145, Public Resources Code. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42014, Public Resources Code. s 17913. Do I have to submit regular reports? Yes. By March 31 of each year, you must submit a report to the Board. At a minimum, the report must include the following: (a) The names and addresses of the recycling businesses in the Zone, and (b) The types and amounts of postconsumer or secondary waste materials used as feedstock by recycling businesses in the Zone. (c) Any marketing efforts undertaken and the outcomes of these efforts. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 40507, Public Resources Code. s 17913.5. Can a Zone Terminate Its Zone Designation? Yes, a Zone can terminate its Zone designation. A zone that wishes to terminate its Zone designation, must submit the following: (a) A letter from the Zone Administrator requesting termination of Zone designation. (b) Copies of resolutions or ordinances from each affected jurisdiction within the zone boundaries requesting termination of Zone designation. Within 14 calendar days of receiving the above documents, Board staff will review the documents to make sure that the requirements in sections (a) and (b) above have been met. Upon determination that the requirements have been met, a letter will be sent to the Zone Administrator informing that Zone related services by the Board will cease and the Zone designation has been terminated. Note: Authority cited: Sections 40502 and 42023, Public Resources Code. Reference: Sections 42013 and 42014, Public Resources Code. s 17914. Can a Zone be redesignated? Yes, the Board may redesignate a Zone. The Zone Administrator must submit an application to the Board describing proposed changes to the existing Zone plan. Changes to an existing Zone plan may include, but are not limited to: a request for renewal of a current Zone designation; any request for approval of an expansion or reduction or change in boundaries of a Zone. For redesignation applications that seek renewal of a current Zone designation, a completed application must be submitted to the Board at least 60 calendar days prior to the Zone's expiration date. Each application for redesignation must include, but is not limited to, the following: (a) The name(s) and address(es) of the redesignation applicant or applicants and the Zone Administrator. (b) A statement of the purpose for submitting the redesignation application, selected from the following categories: (1) renewal of designation, or (2) zone expansion, or (3) reduction or (4) change in boundaries. (c) Documents depicting the location of the proposed redesignation area, as follows: (1) A description of the redesignation area's boundaries and location within the State of California, (2) A street map identifying the streets that mark the boundaries of the redesignation area on a street map, and (3) For redesignation categories (1), (2), (3) and (4) listed in section (b) above, copies of the existing general zoning and land use maps for the proposed redesignation area and the area immediately surrounding it. Clear identification of the boundaries of the proposed changes to the Zone should be on the maps; (d) For redesignation categories (1), and (2), listed in section (b) above, a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as evidence of compliance with the California Environmental Quality Act (Public Resources Code sections 21000 et seq.) as it applies to the proposed changes in the Zone. (1) Copies of any multi-jurisdictional agreements that pertain to the administration of an existing Zone. (2) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations. (e) For a redesignation application submitted to obtain renewal of a designation. (1) A discussion of why redesignation is sought (2) A copy of the resolution or ordinance from each governing body having jurisdiction over areas included in the Zone boundaries that makes the findings required by Section 42010(b) of the Public Resources Code; (3) Copies of any multi-jurisdictional agreements that pertain to the administration of the existing Zone. (4) An updated Market Development Plan that meets the requirements in CCR Section 17907(a)-(g). (f) For a redesignation application that will result in expansion of a Zone: (1) A statement of justification concerning why the expansion is necessary, how it will complement the existing Zone, and how this proposed expansion will create additional markets for recyclable materials; (2) Copies of resolutions from each governing body having jurisdiction over any portion of the current Zone for which redesignation is being requested that supports the proposed expansion; (3) Copies of resolutions or ordinances from each governing body having jurisdiction over areas not currently included in the Zone boundary that makes the findings required by Section 42010(b) of the Public Resources Code; and (4) A Supplemental Recycling Market Development Plan which shall include, but is not limited to, the following: (A) An analysis of how the new area of the Zone will be supplied with the necessary feedstock to support the number and types of businesses planned for development within the Zone. (B) A marketing plan that describes how the new area of the Zone will attract new businesses, and expand existing businesses. (C) A description of how the new area of the Zone will be funded and fit into the organizational structure of the current Zone, and an organizational chart of the proposed Zone. (D) A description of the incentives the local governments plan to offer to businesses in the new area of the Zone. (E) A description of the financial support that will be available to businesses in the new area of the Zone. (F) An analysis of the available or planned public works systems that will be available to support the new area of the Zone. (G) A description of the real property and buildings available in the new area of the Zone for market development purposes. (5) Letters of commitment and support for the new Zone area, from jurisdiction entities having a role to play in implementing the expanded Zone's Market Development Plan. (g) For redesignation applications submitted that will result in reduction in the area of a Zone, a description of the proposed change in the Zone boundaries and a copy of the resolution or ordinance from each governing body having jurisdiction over the area of the reduction. (h) For redesignation applications submitted that will result in change in boundaries of a zone, (1) A description of the proposed change in the Zone boundaries (2) Copy of the resolution or ordinance from the jurisdiction having governing authority on the proposed change in boundaries. (3) A statement describing how you intend to satisfy the California Environmental Quality Act or demonstration of California Environmental Quality Act compliance. (4) A statement demonstrating the Zone's commitment to environmental justice and to protecting the environment and public health and safety in a manner that does not unfairly affect any low-income and minority populations. Note: Authority cited: Sections 40502, 42013, 42014 and 71110, Public Resources Code. Reference: Sections 42010, 42012, 42014, 42015, 42016 and 71110(a), Public Resources Code. s 17914.5. What is the Board's process for reviewing Zone redesignation applications and redesignating Zones? (a) Upon receipt of your application for redesignation, the Board will review the application to determine that it is complete. Within 21 calendar days of receiving an application for redesignation, the Board will send an Initial Review Letter to the applicant, stating that the Board has received the application. The minimum time frame for completing the Initial Review is seven calendar days. The median time frame is 14 calendar days. The maximum time frame is 21 calendar days. The Initial Review Letter will notify each applicant of the date that the application was received, and whether the application is complete or incomplete. If the application is incomplete, the Initial Review Letter will specify any deficiencies regarding completeness or eligibility and grant the applicant 14 calendar days from the date of the letter to correct the deficiencies and submit the changes to the Board. The Board must receive the noted changes by 4:00 p.m. on the 14th day from the date the letter is sent. Within ten calendar days of receiving the additional information requested by staff in the Initial Review Letter, the Board will notify each applicant whether the application is complete or incomplete. (1) At any time within the 21 day Initial Review period, and prior to receiving the Board's Initial Review Letter, an applicant can make minor administrative changes such as changing the name of a contact person, submitting missing pages or correcting minor errors. (b) The Board will conduct a Technical Review of the application, to evaluate the Market Development Plan for its technical adequacy and its ability to succeed. The Technical Review will begin no later than 14 calendar days after the Board's receipt of a complete application for Redesignation. The minimum time frame for completing the Technical Review is seven calendar days. The median time frame is 14 calendar days. The maximum time frame is 21 calendar days. Following the Technical Review, a letter will be sent to the applicant specifying any technical deficiencies in the application. The applicant shall have 14 calendar days to correct the noted deficiencies and submit changes to the Board. The Board must receive changes by 4:00 p.m. on the 14th day from the date the letter is sent. (1) Within the 21 day Technical Review period, and prior to receiving the Board's Technical Review Letter, an applicant may correct technical deficiencies as identified in the technical review of the application such as additional analysis regarding targeted feedstock for market development purposes, development of matching local incentives and sources of funding, property and infrastructure availability, inclusion of clearly stated goals and objectives, specific strategy for business attraction and retention efforts, specific strategy for advertising and promotion of the Zone, and administration and funding sources. (c) Upon receipt of corrections of technical deficiencies identified in the technical review by staff, the Board will either grant or deny the request for redesignation. The redesignation will take effect upon the Board's formal approval. The Board will send a "Notification" letter to the applicant informing it of its decision, within 14 calendar days of its decision. If an applicant is denied redesignation it may reapply. (1) If the Board grants conditional redesignation of a Zone, the Notification letter will specify conditions of approval that must be satisfied prior to final redesignation. The applicant will have 120 calendar days from the date of the Notification letter to satisfy the conditions of redesignation. The Board must receive a written request from the Zone applicant for final redesignation. If conditions of redesignation are not satisfied within the 120 calendar day period, redesignation status will not be approved. The applicant may reapply for redesignation Note: Authority cited: Sections 40502, 42013 and 42014, Public Resources Code. Reference: Sections 42014, 42015 and 42020, Public Resources Code. s 17915. Do composting industries qualify for the incentives offered in a Recycling Market Development Zone? Yes. Note: Authority cited: Sections 40502 and 42013, Public Resources Code. Reference: Section 42013, Public Resources Code. s 17916. Resource Recovery Facility (Site). s 17917. Solid Wastes or Wastes. s 17918. Solid Waste Management. s 17919. Transfer Station. s 17920. Waste Processing Facility (Site). s 17921. Environmental Impact Report Notice of Completion. s 17925. Purpose. s 17926. Filing of Notice of Intent. s 17927. Facility Location and Information. s 17928. Land Use Approval. s 17929. Justification of Need. s 17930. Purpose of the Recycling Market Development Revolving Loan Program. The Recycling Market Development Revolving Loan Program (Program) provides an alternative source of financing for recycling-based businesses, non-profit organizations, and public entities to increase the diversion of non-hazardous solid waste from California landfills and to promote market demand for secondary and postconsumer materials. It assists the Board and local agencies comply with Public Resources Code Sections 40051 and 41780, respectively, and helps local Recycling Market Development Zones (RMDZs) meet the market development goals identified in their recycling market development plans, required by Section 17907 of this Chapter, by fostering recycling-based business development within the RMDZs. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42010 and 42023.1, Public Resources Code. s 17931. Definitions. (a) "Applicant" means an entity that is applying for a Loan. (b) "Application" means the information an Applicant must provide to the Board when seeking a loan. (c) "Board Loan Committee" or "Loan Committee" means the committee referred to and established in Section 17935.5 of this Chapter. (d) "Borrower" means an Applicant whose application has been approved and who has executed a Loan Agreement. (e) "Board" means California Integrated Waste Management Board. (f) "CEQA" is the California Environmental Quality Act found in Public Resources Code Sections 21000, et seq. (g) "Capital Improvements" means physical improvements to publicly owned land, including buildings, structures and fixtures or attachments of a permanent or semi-permanent nature, including large equipment, erected on and affixed to the land. (h) "Designation" means a Zone Applicant has received written notification from the Board stating it has satisfactorily completed all the requirements for designation as a Recycling Market Development Zone. (i) "Infrastructure" means the basic facilities, such as sewer, water, transportation, and utility systems. (j) "Loan" means a loan from the Recycling Market Development Revolving Loan Subaccount or the California Tire Recycling Management Fund. (k) "Loan Agreement" means a written agreement between a Borrower and the Board for a Loan made in accordance with this Article. (l) "May" means a provision is permissive. (m) "Must" means a provision is mandatory. (n) "Onerous Debt" means debt with high interest rates and/or short terms that causes a negative impact on the Borrower's cash flow and jeopardizes the Borrower's ability to convert to or expand its diversion of recycled or secondary material. (o) "Phase I Assessment" means an assessment to be completed by a specialized engineering or consulting firm that provides a professional opinion, based on obvious evidence, as to the past and potential usage, storage, handling, or disposal of materials within the property that have been or may be toxic or hazardous, or may cause violations of state and/or federal laws, rules, or regulations pertaining to soil and water quality; and to identify past and potential off-site contaminant sources that did have, or may have an adverse environmental impact on the property. The assessment may be performed at the time of loan application or at any time during the life of the loan, as determined necessary by the Board. Hazardous materials and wastes that are to be identified include those meeting the definitions of Public Resources Code Section 40141 and Health and Safety Code Sections 25117 and 25501(k). (p) "Postconsumer waste material" is defined in Public Resources Code Section 42002(b). (q) "Project" means the activity for which a loan is requested. (r) "Recycling Market Development Zone" or "Zone" is a geographic area as defined by Public Resources Code Section 42002(d). (s) "Reuse" means to take a product, rather than a material, which has served its useful life or is factory defective, and provide some new value to the product, by reconditioning, reprocessing, or some other process which makes the product usable again for its original intended purpose. (t) "Secondary waste material" is defined in Public Resources Code Section 42002(f). (u) "Source reduction" is defined in Public Resources Code Section 40196. (v) "Value added product" means an item which has increased in value or changed its character or composition through a manufacturing or reuse process. Collecting, sorting and/or baling of recycled or recovered materials for convenience or ease of transportation does not constitute adding value. (w) "Zone administrator" is defined in Section 17901(j) of this Chapter. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1 and 42023.4, Public Resources Code. s 17932. Eligible Applicants. An eligible applicant is one whose project is located within the boundaries of the Recycling Market Development Zone. In the case of mobile operations, the primary business location for the project must be located within the boundaries of the Recycling Market Development Zone. Eligible applicants include: (a) Businesses and not-for-profit organizations who: (1) Practice, or propose to practice, appropriate source reduction; or (2) Use or propose to use postconsumer or secondary waste materials to produce a value added product. (b) Local governments or agencies who seek to provide infrastructure and/or capital improvements in support of organizations referred to Subsection (a) of this section. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code. s 17932.1. Tire Recycling Projects. Loans made with funds from the California Tire Recycling Management Fund may be carried out in accordance with the process and/or eligibility criteria set forth in this Article and Public Resources Code Sections 42872-42875. Note: Authority cited: Sections 40502 and 42881, Public Resources Code. Reference: Sections 42872, 42873 and 42874, Public Resources Code. s 17933. Priority Projects. Priority consideration shall be given to those projects that meet the following criteria: (a) Demonstrate an ability to repay the loan; (b) Increase market demand for the secondary or postconsumer waste material used in the project; (c) Satisfy additional statewide recycling market development objectives as described in Section 17909 of this Chapter; and (d) Satisfy additional priorities that are determined by the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code. s 17934. Loan Amounts. The maximum loan amount is three-fourths (3/4) of the cost of each project, not to exceed two million dollars ($2,000,000). Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4(a)(4), Public Resources Code. s 17934.1. Uses of Funds. (a) For eligible businesses and not-for-profit organization applicants, loan funds may be used for: (1) equipment purchases, (2) real property purchases, (3) working capital, or (4) refinancing of onerous debt. (b) For eligible local governments or agencies, loan funds shall be used only for publicly owned infrastructure and capital improvements located within the Zone which directly support recycling based business activities that would be eligible for a Loan. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code. s 17934.3. Fees. A non-refundable application fee of $300.00 shall accompany each loan application. A loan fee of 3 percent shall be charged upon loan closing. The Board reserves the right to periodically adjust the application and loan origination fees. The application fee and loan fee are considered part of the project cost and may be financed. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.1, Public Resources Code. s 17934.5. Interest Rate. (a) The interest rate for loans is determined by the Board and is based on, but may vary from, the Surplus Money Investment Fund (SMIF) rate. The Board, as it deems appropriate, may adjust the interest rate semiannually, after the SMIF rate is announced by the Controller's Office in January and July of each year. The Board shall keep the interest rate as low as possible, consistent with current market conditions and the long-term sustainability of the Recycling Market Development Revolving Loan Program. (b) The interest rate for loans funded through leveraging programs pursuant to Article 1.2 will be negotiated between the Board, the leveraging entity, and if applicable the lender. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935. Application Process. (a) Applicants may submit their pre-applications and applications to the Board at any time throughout the year. (b) Applicants shall not submit applications for approval by the Board unless a Zone has received designation or redesignation status, as defined in Section 17901(d) of this Chapter. (c) The applicant may submit a pre-application, as determined by the Board, to obtain a rapid evaluation of applicant's or a project's eligibility, prior to submitting a full application. (d) The Applicant must submit an application with original signatures to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.1. Application Content. (a) All Applicants must apply in writing for a loan. The Board may make a loan application form available to assist applicants in applying for a loan. A complete application may consist of a written request containing the following items: (1) Characteristics of the business shall include the applicant legal name, physical address, mailing address, contact person's name and phone number, copy of business organizational documents, copies of business licenses and permits, business plan, key ownership and management resumes, list of all owners with percentage owned and titles, authorizations to obtain credit reports, a Recycling Market Development Zone Administrator's acknowledgement of the project; payment of a loan application fee, and certification of compliance with applicable laws and regulations to properly conduct and operate the business in California. (2) Demonstration of ability to repay shall include the business historical and projected financial statements and income tax returns; key management and ownership personal financial statements and income tax returns; schedules of debts; facility lease agreement or copy of deed of trust on the project site; sources and uses of all project costs. The financial projections shall include a list of assumptions under which they were prepared that are reasonable and can be substantiated. The applicant may need to provide a feasibility study and cost break even analysis accounting for the fixed and variable costs to produce a product including the sales price of the product and the quantity of units that must be produced and sold to achieve a break even and profitable cash flow. (3) Demonstration of the ability to collateralize the loan shall include a detailed list of assets that will secure the loan with documentation supporting the asset value such as appraisals, purchase orders, invoices, cancelled checks, or similar documents; and ownership verification such as deeds of trust, Uniform Commercial Code financing statements, Ownership Certificates. The Board reserves the right to discount the asset value based on age and remaining expected useful life. (4) The applicant shall provide documentation to substantiate a matching funds requirement of twenty-five percent or more investment into the project. This shall be achieved by providing purchase orders, invoices, cancelled checks, supplemental financing commitment letters or promissory notes, executed investor agreements with evidence of transfer of funds, or other similar documents. (5) Description of the project to be financed including the feedstock source, type, quantity and availability, the manufacturing process, end product specifications and marketability, current and projected tonnage of materials to be diverted from California landfills, public environmental reports and indemnification to discern the possible risks which may arise from hazardous waste or materials related to the project or previous operations at the site. Additional information required from businesses and not-for-profit organizations is described in subsection (b) below. Local government or agency applicants must also provide the information requested in subsections (b) and (c) below. (b) Applicant shall provide any further information or documentation deemed necessary by the Board to determine the creditworthiness of the Applicant, or the Applicant's ability to secure and repay the loan. (c) Applications from local governments or agencies must contain the following additional information: (1) A description of the local government's or agency's activities and responsibilities; (2) The local government's or agency's annual financial operating statements for the previous three years; (3) A governing board resolution granting authority to make application to the Board for a loan commitment. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.2. Loan Agreement. Each Loan Agreement shall include, but not be limited to, the following terms and conditions: (a) The interest rate of the loan as specified in Section 17934.5 of this Article. (b) The term of the loan shall not exceed 10 years when collateralized by assets other than real estate, or not more than 15 years when partially or wholly collateralized by real estate. (c) A description of the security and conditions. (d) Timeframes for complying with the conditions of loan closing and any special conditions that must be satisfied prior to, or covenants which must be complied with after, the disbursement of funds. (e) Identification of what is considered an event of default, including a provision that, upon failure to comply with the loan agreement, or if any information provided by the Applicant is found to be untrue, any remaining unpaid amount of the loan, with accrued interest, will be immediately due and payable, upon determination by the Board. (f) A provision that the Borrower agrees to waive any claims against and to indemnify and hold harmless the State of California, including the California Integrated Waste Management Board, from and against any and all claims, costs, and expenses stemming from operation, maintenance, or environmental degradation at the site. (g) Proof of adequate insurance for the business, naming the Board as loss payee, and when appropriate, naming the Board as additional insured, up to the amount of the loan. (h) Submission of borrower's and guarantor's financial statements and tax returns, diversion reports, business insurance, and worker's compensation insurance, upon request by the Board. (i) Any other provision needed to properly analyze and document a loan deemed necessary by the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.3. Process for Preliminary Review. Upon receipt, Board staff shall review each application to determine whether the Applicant and/or Applicant's project is eligible for a loan, pursuant to Section 17932 of this Article, and whether the application is complete, pursuant to Section 17935.1 of this Article. Within 10 working days of receiving the application, the Board staff shall do one of the following: (a) Send a letter to the Applicant indicating that the application is incomplete, or that the Applicant and/or Applicant's project is ineligible for a loan, and specifying the steps, if any, which the Applicant may take to correct identified deficiencies; or (b) Notify the Applicant by letter that the Applicant and/or Applicant's project is eligible for a loan, and that the application is complete and shall be evaluated by the Board staff. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.4. Process for Board Staff Review. (a) The Board staff shall prepare an analysis of each application. Applications which meet the following criteria shall be recommended for approval to the Loan Committee, on a first come, first served basis: (1) The Applicant is found creditworthy, and (2) The collateral and the source of repayment are appropriate for the requested loan amount; and (3) The Applicant has adequately demonstrated the appropriateness of the loan for use in the project as specified in Section 17935.1 of this Article. (b) Where additional assistance may be needed from the Loan Committee for a determination, staff may forward those applications and analysis to the Loan Committee without a recommendation. (c) Where the Applicant does not meet the criteria set forth in subsection (a), the Applicant will be notified in writing of its failure to meet the criteria and the process for appeal of the decision. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.5. Establishment of the Loan Committee. (a) A Loan Committee is hereby established to assist the Board in meeting the goals of the Program. (b) The Loan Committee shall be composed of not more than nine individuals appointed by the Board. (c) The Loan Committee shall be comprised of a balanced cross-section of individuals from the commercial lending community, both public and private sectors, from throughout the state who demonstrate expertise in financial analysis and credit evaluation. (d) Members of the Loan Committee shall each be appointed to a three-year term, except that the newly added members terms may be adjusted so that a staggered schedule of terms is established where not more than four members terms shall expire during any single calendar year. (e) Vacancies shall be filled using the same procedures as used for the initial appointments, and shall be filled for the remaining portion of the respective terms. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.55. Process for Loan Committee Review. (a) The Loan Committee shall meet monthly or as needed. (b) The Loan Committee shall evaluate the staff analysis of loan requests presented by Board staff pursuant to the Review Process of section 17935.4 of this Article. (c) The Loan Committee shall recommend applications for approval based only on their financial soundness and their ability to meet the underwriting criteria as described in Section 17935.4(a) of this Article. (d) The Loan Committee may advise the Board as requested on other aspects of the loan program. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17935.6. Board Approval. (a) If the Board approves a loan, the Applicant and the Board shall enter into a Loan Agreement pursuant to the terms specified in Section 17935.2 of this Article. Funds shall be disbursed according to the terms of the Loan Agreement. (b) The Board's loan committee shall be in effect for a period of 90 days following Board approval. The loan commitment may be extended, for cause, for an additional 90 days. Extension of the loan commitment beyond the second 90 day period shall occur only if agreed to by both the Board and the Applicant. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42023.4, Public Resources Code. s 17936. Auditing of Expenditures of Loan Proceeds. The Board, or the Department of Finance, may audit the expenditure of the proceeds of any loan made pursuant to this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42024, Public Resources Code. s 17937. Coordination with the County. s 17938. Determination of Findings by the Board. s 17939. Determination of Non-Conformance. s 17939.1. Purpose of Leveraging the Revolving Loan Fund. The purpose of leveraging Board funds in the Recycling Market Development Revolving Loan Subaccount (Subaccount) is to increase the funding for loans to recycling-based businesses and to promote the long-term sustainability of the Recycling Market Development Revolving Loan Program. Subaccount funds will be used to stimulate more lending by private banks, public institutions and non-profit organizations than the Board could make on its own to recycling-based businesses. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. s 17939.2. Definition. "Leverage" and "leveraging" means the expenditure, lending, investment or other uses of funds from the Recycling Market Development Revolving Loan Program Subaccount (Public Resources Code Section 42023.1) in a manner that generates or facilitates the generation of financial capital that is made available as loans to borrowers eligible for loans under the Board's Recycling Market Development Revolving Loan Program as described in Article 1.1 of this Chapter. Leveraging programs increase the number and value of loans for specified purposes beyond that which the Board, acting alone, could make. Typical examples of leveraging include, without limitation, pooling funds by multiple entities under specified arrangements to create a greater supply of loan capital for eligible borrowers, loan guarantee programs where an entity guarantees all or a portion of an eligible loan, and insurance where an entity assures that a loan will be repaid in a timely manner. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40506.1, 42023.1, 42023.6 and 42024, Public Resources Code. s 17939.3. Types of Leveraging Entities and Programs. The types of leveraging programs in which the Board may participate, and financing entities with which the Board may contract, include but are not limited to: (a) The Capital Access Program, that provides loan default insurance as a credit enhancement, pursuant to Public Resources Code 42023.6. (b) The State Small Business Loan Guarantee program, that provides a state guarantee to entice bank and non-bank entities to lend to California small businesses, pursuant to California Corporations Code section 14000 et seq. (c) Financial Development Corporations (FDC) that issue state loan guarantees, pursuant to California Corporations Code section 14000 et seq. (d) Community Development Entities (CDE) for access to the New Markets Tax Credit (NMTC) program, pursuant to Title 1, Subtitle C, Section 121 of the Community Renewal Tax Relief Act of 2000. (e) Community Development Financial Institutions (CDFI) for access to the Equity Equivalent Investment (EEI) and Program-Related Investment (PRI) programs, pursuant to Title 12, Chapter 47, Subchapter 1, Section 4701 et seq. of the United States Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. s 17939.4. Leveraging Activities. The Board may initiate, coordinate or participate in activities, either directly or indirectly, in partnership with public, non-profit or private entities, or by itself, that leverage Recycling Market Development Revolving Loan Program Subaccount (Subaccount) funds. The leveraging of Subaccount funds may include, but is not limited to, the transfer and/or encumbrance of Subaccount funds for leveraging; the establishment of trust accounts for the receipt, retention and expenditure of funds designated for leveraging; the pooling of Subaccount funds with other individual or multiple entities under specified arrangements; the use of Subaccount funds in support of loan guarantee programs, where an entity guarantees all or a portion of an eligible loan, or as insurance where an entity assures that a loan will be repaid in a timely manner; the use of Subaccount funds for grants or loans to public, private or non-profit organizations to implement leveraging programs; and the acceptance of funds from investors and institutions. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42023.1, 42023.6 and 42024, Public Resources Code. s 17939.5. Loan Sale. (a) The Board may sell loans, either in bulk quantity or individually; in whole or in part; on a recourse or non-recourse basis; on an advance commitment, forward, or participation basis; and may retain or relinquish the servicing rights; (b) the Board shall not sell its loans if the loan sale results in more than a twenty-five percent (25%) discount of the principal amount, excluding any expenses or reserves required as a condition of the loan sale; and (c) all proceeds received from the sale of loans shall be deposited into the Recycling Market Development Revolving Loan Program Subaccount. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 40506.1, Public Resources Code. s 17940. Regulatory Effect of Questions. Note: Authority cited: Section 40502, Public Resources Code. s 17941. Recycling Investment Tax Credit Program. Note: Authority cited: Section 40502, Public Resources Code; and Sections 17052.14 and 23612.5, Revenue and Taxation Code. Reference: Sections 17052.14 and 23612.5, Revenue and Taxation Code. s 17942. Regulatory Effect of Questions and Answers; Effective Dates. (a) Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement. In addition to the regulations in this article, statutory provisions contained in ss 42300 through 42345 of the Public Resources Code govern the Rigid Plastic Packaging Container Program. (b) The requirements of these regulations go into effect for all rigid plastic packaging containers except those identified in Section 17944.2 on January 1, 1995, and for all calendar years thereafter, if at least 60 percent of the single family homes in the state are served by curbside collection programs that include beverage container recycling by January 1, 1994. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Section 42300 et seq., Public Resources Code. s 17943. Purpose and Definitions. (a) What is the purpose of these regulations? These regulations provide guidance to those who must comply with the Rigid Plastic Packaging Container Program requirements, and include a description of the procedures that product manufacturers, container manufacturers, resin manufacturers, distributors, and importers must follow to meet reporting, certification, and documentation requirements. These regulations pertain only to rigid plastic packaging containers sold or offered for sale in California, regardless of where the containers or the products they hold are produced. (b) Definitions. The following definitions, as well as definitions found in Public Resources Code ss 42300-42345, apply to the regulations in this Article. (1) The "Board" means the California Integrated Waste Management Board. (2) "Capable of Multiple Re-closure" means a rigid plastic packaging container that can be closed and re-closed with its attached or unattached relatively inflexible lid. (3) "Cosmetic" means those articles pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321 (i)), and pertinent regulations in effect as of January 1, 1994, which are 1) intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part thereof for cleansing, beautifying, promoting attractiveness, or altering the appearance, and 2) articles intended for use as a component of any such articles; except that such term shall not include soap as defined in 21 C.F.R. 701.20(a)(1) and (2). Products intended for cleansing the human body and which are not "soap" as defined in 21 C.F.R. 701.20(a)(1) are classified as "cosmetics." (4) "Container Manufacturer" means the manufacturer of any rigid plastic packaging container as defined in Section 17943(b)(30) of this Article. (5) "Curbside Collection Program" means a recycling program that collects materials set out by homeowners for collection at the curb at intervals not less than every two weeks. "Curbside collection program" does not include redemption centers, buyback locations, drop-off programs, material recovery facilities, or plastic recovery facilities. (6) "Drugs" mean those articles as defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321(g)(1)) and pertinent regulations, which are as follows: articles recognized in the official United States Pharmacopoeia, official Homeopathic Pharmacopeoeia of the United States, or official National Formulary, or any supplement to any of them; and articles intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in man or animals; and articles (other than food) intended to affect the structure or any function of the body of man or other animals; and articles intended for use as a component of any article specified in the clauses. Drugs include prescription, nonprescription, and over-the-counter drugs regulated pursuant to the federal Food, Drug and Cosmetic Act (21 U.S.C. 321). (7) "Final End User" means the person who purchases a rigid plastic packaging container in order to use the product held by the container. The final end user is that person who removes the product from the container and discards the container. "Person," includes an individual, firm, organization, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (8) "Food" means those articles as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f)) and pertinent regulations, which are used for food or drink for man or other animals, chewing gum, and articles used for components of any such article. (9) "Infant Formula" as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 321(f)) and pertinent regulations, means food which a manufacturer claims is to be used solely as food for infants, because it simulates human milk or is suitable as a substitute for human milk. (10) "Introduced" means any rigid plastic packaging container or product packaged in rigid plastic packaging containers that are first offered for sale and sold in California after January 1, 1995. Products for which such claims as "new" or "improved" are made and products for which the packaging has been changed by such criteria as size, color, or labeling, are not "introduced" packages or products. (11) "Label" as used in the definition of product manufacturer, means a display of written, printed or graphic material upon the immediate container of any product. (12) "Manufacturer" or "Product Manufacturer" means the producer or generator of a product which is sold or offered for sale in the state and which is stored inside of a rigid plastic packaging container. For the purposes of section 17948(a) and 17949(c) and (d) of this Article, "manufacturer" includes all subsidiaries and affiliates. (A) Identification of the Product Manufacturer, for the purposes of this program, shall be determined by the following hierarchy: 1. When the name of the entity that manufactured the product held by the container is stated on the container label, then that entity shall be considered the product manufacturer. 2. When the container label does not state the entity that manufactured the product held by the container, but the container label does state the distributor of the container, then the distributor shall be considered the product manufacturer. 3. When the container label does not state either the entity that manufactured the product held by the container or the distributor of the container, but the container label states the importer of the container, then the importer shall be considered the product manufacturer. (B) "Stored" means that the container normally holds the product for more than seven days. For purposes of these regulations, point-of-sale products are not "stored" in a container for more than seven days. (C) Any entity whose name may not appear on a label but which has a corporate relationship (i.e., parent/subsidiary or affiliate relationship) with an identified product manufacturer shall be allowed to assume the responsibilities of the product manufacturer as they relate to the requirements of Section 17944. The product manufacturer may be located inside or outside California, and/or inside or outside the United States. (13) "May" means a provision is permissive. (14) "Material Type" means broad feedstock categories such as paper, glass, plastic or aluminum. "Material type" does not mean individual plastic resins. (15) "Measurement Period" means the time period for which compliance is being determined as part of the certification or auditing process described in ss 17946, 17946.5, and 17947 of this Article. (A) Unless the reuse or refill compliance options, pursuant to Section 17944, are used, "measurement period" shall be the preceding calendar year. If the reuse or refill compliance option is being used, the product manufacturer may establish another measurement period that is appropriate to the product life cycle. If the product manufacturer establishes a measurement period other than the calendar year, the Board may request documentation to substantiate the basis for the alternative measurement period. (B) For products introduced for sale in California on any day other than January 1 of any year, the first measurement period for the first year in which the product's containers are required to comply with the program requirements shall be the remaining partial calendar year in which the product was introduced for sale in addition to the following calendar year. For all subsequent years, the measurement period shall be the calendar year, unless either the reuse or refill compliance option is used, in which case the manufacturer may establish a measurement period unique to its product, as described above. (16) "Medical Device" means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations, and includes the following: (A) any instrument, apparatus, implement, machine, contrivance or implant which is recognized in the National Formulary or United States Pharmacopoeia or any additional supplement thereof, (B) intended for use in the diagnosis of disease or other conditions, or in the cure, mitigation, treatment or prevention of disease, in man or animal, or (C) intended to affect the structure or any function of the body of man or animal. A medical device does not achieve any of its principle intended purposes through chemical action, nor is it dependent upon being metabolized to achieve its intended purpose. (17) "Medical Food" means the same as it is defined in the federal Food, Drug, and Cosmetic Act (21 U.S.C. 321) and pertinent regulations, which includes the following: (A) foods formulated to be consumed or administered under the supervision of a physician, and (B) foods intended for specific dietary management of disease or condition for which distinctive nutritional requirements, based on recognized scientific principles, are established by medical evaluation. For the purposes of these regulations, medical food is food that is consumed or directly placed in the stomach or intestines through a tube, or other food which is used to manage a disease or a medical condition, or food labelled "may be used as the sole source of nutrition" or "may be used as the sole item of the diet". For the purposes of these regulations, medical food is not food for which popular dietary claims are made such as "low-fat" or "low-sodium." (18) "Must" means a provision is mandatory. (19) "Non-Source Reduced Container" means a container that is not considered source-reduced under the criteria established for this program as found in Sections 17943 (31) and 17946.5(a)(2) and (b)(4) of this Article. (20) "Original Container" means a rigid plastic packaging container that is holding a product when initially sold to the final end user and which may later be reused or refilled, as used in s 17946.5(b)(2) and (b)(3) of this Article. (21) "Particular Type Rigid Plastic Packaging Container" is a rigid plastic packaging container which holds a single type of generic product, such as milk or detergent. (22) "Point-of-Sale Containers" are containers in which products are placed for sale directly to and intended for immediate consumption by the final end-user. (23) "Postconsumer Material" means a material that would otherwise be destined for solid waste disposal, having completed its intended end-use and product life cycle. Postconsumer material does not include materials and by-products generated from, and commonly reused within, an original manufacturing and fabrication process. Rigid plastic packaging containers holding obsolete or unsold products and post-industrial scrap that is commonly disposed, and not commonly reused within an original manufacturing process, shall be considered postconsumer material when used as feedstock for new products. Internally generated scrap that has been commonly disposed may be considered postconsumer material if it is later used in a process other than the original manufacturing and fabrication process. (24) "Product Associated Rigid Plastic Packaging Container" means a brand-specific rigid plastic packaging line which may have one or more sizes, shapes or designs and which is used in conjunction with a particular generic product line. A product associated container holds a brand-specific product such as Brand "X" salad dressing or Brand "Y" automotive oil. (25) "Recycled" means a product or material which has been diverted from disposal in a landfill and has been reused in the production of another product. (26) "Recycling Rate" means one of the following: (A) The proportion, as measured by weight, volume, or number, that a particular type of rigid plastic packaging container sold or offered for sale in the state, such as a milk jug, soft drink container, or detergent bottle, is being recycled in a given calendar year. This recycling rate calculation includes all rigid plastic packaging containers sold or offered for sale in California that are used to package the generic product for which the particular type recycling rate is calculated. (B) The proportion, as measured by weight, volume, or number, that a product-associated rigid plastic packaging container sold or offered for sale in the state, is being recycled in a given calendar year. (27) "Refillable package" means a rigid plastic packaging container which the Board determines is routinely returned to and refilled by the product manufacturer at least five times with the original product held by the package. For the purpose of this program, the product manufacturer or the product manufacturer's agent may refill a package. (28) "Replacement product" means a product that is sold with the intent that it be removed from its package in order to replenish the contents of the original container that a consumer purchased that previously held the identical product. (29) "Reusable package" means a rigid plastic packaging container which the Board determines is routinely reused by consumers at least five times to store the original product contained by the package. (30) "Rigid Plastic Packaging Container" means any plastic package having a relatively inflexible finite shape or form, with a minimum capacity of eight fluid ounces or its equivalent volume and a maximum capacity of five fluid gallons or its equivalent volume, that is capable of maintaining its shape while holding other products, including, but not limited to, bottles, cartons, and other receptacles, for sale or distribution in the state. (A) Rigid plastic packaging containers are capable of multiple re-closure, are sold holding a product, and are composed entirely of plastic with the exception of caps, lids, labels and other additives such as pigments, colorants, fillers, and stabilizers that are an integral part of the plastic polymer compound. Plastic caps and lids may be considered to be part of a rigid plastic packaging container at the product manufacturer's discretion. (B) The total volume of the closed container will establish if the container is within the eight ounce to five gallon size requirements. For those containers measured in liquid or fluid volume, such as fluid ounce, gallon, milliliter, or liter, the product manufacturer may use either the labeled volume or the volumetric volume. The metric equivalent for the following U.S. liquid measures is as follows: eight (8) fluid ounces is equivalent to 236.59006 milliliters, and five (5) gallons is equivalent to 18.9272 liters. Containers for products which are labeled and sold by weight or an item count must be measured for their volumetric equivalency. (C) "Flexible container" is a container that can be flexed, folded, and twisted, without the aid of tools, without damaging the container. (D) "Rigid container" is a container which is not a flexible container and has essentially the same shape empty as full. (E) If it is unclear whether a container is a rigid plastic packaging container, the Board will make that determination on a case by case basis. The Board will make that determination by considering, at a minimum, how the container compares to others that are clearly regulated or excluded by the program. (31) "Source reduced container" means either of the following: (A) A rigid plastic packaging container for which the manufacturer seeks compliance as of January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with the packaging used for that product by the manufacturer from January 1, 1990, to December 31, 1994. 1. If the product held by the container was sold prior to January 1, 1990, the non-source reduced container weight is the average weight of the container during the first 60 days commencing with the first day of sale in multiple jurisdictions in 1990. 2. If the product held by the container was initially sold on or after January 1, 1990, the non-source reduced weight is the average weight of the container during the first 60 days it was introduced for sale in multiple jurisdictions. (B) A rigid plastic packaging container for which the manufacturer seeks compliance after January 1, 1995, whose package weight per unit or use of product has been reduced by 10 percent when compared with one of the following: 1. The packaging used for the product by the manufacturer on January 1, 1995. 2. The packaging used for that product by the manufacturer over the course of the first full year of commerce in this state. 3. The packaging used in commerce that same year for similar products whose containers have not been considered source reduced. "Similar products" are the same products held by "particular type rigid plastic packaging containers", as defined in (21) of this section. The product manufacturer may demonstrate a comparison to "similar products" made by the same product manufacturer or made by another manufacturer. (C) A rigid plastic packaging container is not a source reduced container for the purposes of this chapter if the packaging reduction was achieved by any of the following: 1. Substituting a different material type for a material which previously constituted the principle material of the container. 2. Increasing a container's weight per unit or use of product after January 1, 1991. 3. Packaging changes that adversely affect the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material. The Board may review any information provided by the manufacturer to determine if the packaging change adversely affects the potential for the rigid plastic packaging container to be recycled or to be made of postconsumer material. (D) For the purposes of calculating source reduction, the stated weight of a non-source reduced container used for comparison purposes must be be weight of the actual non-source reduced container used for twelve consecutive months. If the non-source reduced container has not been used for twelve consecutive months, the product manufacturer must provide information to the Board to support its claim if the Board requests supporting documentation as described in Section 17946.5. In addition, the stated weight of the source reduced container must be no greater than the weight of the actual container used for the duration that the source reduction compliance option is used. 1. If the source reduction of the container was achieved by manufacturing the container with a different resin than was used for the non-source reduced container, the new container is considered source reduced for the purpose of this program. 2. Any source reduction achieved by changing the rigid plastic packaging container to a flexible plastic container may be credited to other containers as part of the averaging method of compliance described in Section 17944 (b), Container Requirements. 3. If a rigid plastic packaging container for a specific product is entirely eliminated and the same product is sold in California without any packaging, the source reduction may be credited to other containers as part of the averaging method of compliance described in Section 17944(b), Container Requirements. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 40170, 42300, 42301, 42310, 42330 and 42340, Public Resources Code. s 17944. Container Requirements. (a) I am a product manufacturer responsible for ensuring that rigid plastic packaging containers comply with program requirements. What standards must these containers meet? On or after January 1, 1995, all rigid plastic packaging containers sold or offered for sale in the state must meet one of the following criteria: (1) Be made from at least 25 percent postconsumer material. (2) Be recycled at one of the following rates: (A) All product-associated rigid plastic packaging containers must have a 45 percent recycling rate, or (B) All particular-type rigid plastic packaging containers must have a 45 percent recycling rate. (3) Be reusable or refillable. (4) Be a source reduced container. (5) Be a container which contains floral preservative and is subsequently reused by the floral industry for at least two years. This compliance option is only available for containers used by the floral industry in California. Similar containers sold to nurseries, landscapers, retail stores, and other outlets that are not wholesale or retail flower sellers or growers do not qualify for this compliance option. For purposes of this section, rigid plastic packaging containers that are "sold or offered for sale" in the state refers to rigid plastic packaging containers that are manufactured on or after January 1, 1995, and subsequently sold or offered for sale in California. (b) Must every rigid plastic packaging container, that is not the subject of waiver pursuant to Section 17944.2(a) or exempt pursuant to Section 17944.5(a) of this Article, meet one of the compliance options listed in subdivision (a) of this section? No, every rigid plastic packaging container must not individually meet one of the compliance standards. A product manufacturer may achieve compliance for its containers based on an average. This average shall only be allowed for rigid plastic packaging containers for which the same compliance option is used. Averaging may be calculated using either data specific to containers sold and recycled in California or containers sold and recycled nationwide. Manufacturers may average the source reduction, postconsumer material, refill, or reuse options to express compliance for the containers they use. Averaging may be based on the manufacturer's entire product line or any sub-lines determined by the manufacturer. If averaging is used, every rigid plastic packaging container must be included in an average or comply through another compliance alternative. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42301, 42310, 42326, 42330 and 42340, Public Resources Code. s 17944.2. How Will Waivers Be Granted? (a) Which rigid plastic packaging containers are eligible for waivers from this program? Waivers are allowed under the following conditions: (1) The postconsumer content compliance option is waived for rigid plastic packaging containers if they cannot meet the postconsumer material requirement of s 17944 of this Article and remain in compliance with applicable state and federal regulations, including those adopted by the United States Food and Drug Administration. Containers waived under this condition must comply under another compliance option. (2) The postconsumer content compliance option of s 17944 of this Article is waived for rigid plastic packaging containers if it is technologically infeasible to use 25 percent postconsumer content. Containers waived under this condition must comply under another compliance option. (3) All requirements of s 17944 of this Article are waived for a product manufacturer if by January 1, 1995, 50 percent, by number, of the product manufacturer's rigid plastic packaging containers sold or offered for sale in California, contain at least 25 percent postconsumer material, and all the manufacturer's containers will be in compliance using any option listed in Section 17944 on or before January 1, 1996. (4) All requirements of s 17944 of this Article are waived for an introduced product or package, pursuant to s 17943, for 12 months immediately after the date on which it is first sold or offered for sale in California. (b) I am a product manufacturer. How do I receive a waiver? (1) To receive a waiver for your rigid plastic packaging containers pursuant to Section 17944.2(a), you may only petition the Board as part of the compliance verification and auditing process described in Sections 17944.2 and 17947 of this Article. You must submit to the Board by certified mail a written request containing the information below, in order for the Board to consider granting a waiver: the rigid plastic packaging container(s) for which the waiver is being requested, the basis for the waiver, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communications relating to the petition. Petitions to the Board for a waiver pursuant to Section 17944.2(a)(5) above must also include the following: a signed affidavit stating that the product held by the container was introduced into commerce in California after January 1, 1995, and that the product conforms to the "introduced" definition. The affidavit must include the date on which the product was first sold or offered for sale in California. The product manufacturer must supply documentation to substantiate the date of entry to the California marketplace, such as evidence of a California-based media campaign. (2) Pursuant to section (a)(3) of this section, the Board will grant a general waiver for all product manufacturers that use rigid plastic packaging containers if less than 60 percent of California's single family households have access to curbside collection programs which include beverage container recycling, as described in (a)(3) of this section. You may not petition the Board for this waiver. The Board will consult the Department of Conservation's, Division of Recycling biannually to obtain the information necessary to determine whether this waiver should go into effect. This information shall be made public at the meetings of the California Integrated Waste Management Board and/or the Local Assistance and Planning Committee meetings held in the months of January and July of each year. (3) Product manufacturers who want a waiver pursuant to Section 17944.2(a)(4) above shall not petition the Board for a waiver. If the Board requests certification and documentation from a product manufacturer that wants to be granted this waiver, the product manufacturer may demonstrate at that time that 50 percent, by number, of its rigid plastic packaging containers sold or offered for sale in California contained at least 25 percent postconsumer material during the calendar year 1995, and all of the manufacturer's containers are in compliance using any option listed in Section 17944 of this Article on or before January 1, 1996. (c) How will the Board inform a product manufacturer if its petition for a waiver has been accepted or rejected? Upon receipt of a product manufacturer's petition for a waiver, the Board will review the petition and will convey its finding to the product manufacturer within 60 days. All Board responses shall be in the form of written correspondence directed to the product manufacturer's designated contact person. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42310.1, 42326 and 42330, Public Resources Code. s 17944.5. Exempt Rigid Plastic Packaging Containers. (a) Which rigid plastic packaging containers are exempt from the requirements of this Article? Pursuant to Public Resources Code s 42340, the following containers are exempt from the requirements of this Article: (1) Rigid plastic packaging containers produced in or out of the state which are destined for shipment to other destinations outside the state and which remain with the products upon that shipment. "Destined for shipment to other destinations outside the state" means that the sale of the rigid plastic packaging container to the final end user occurs outside California, (2) Rigid plastic packaging containers that contain drugs, cosmetics, food, medical devices, medical food, or infant formula as defined in the federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), (3) Rigid plastic packaging containers that contain products regulated by the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.), (4) Rigid plastic packaging containers that are manufactured for use in the shipment of hazardous materials and are prohibited from being manufactured with used material by federal packaging material specifications and testing standards set forth in Section 178.509 of Title 49 of the Code of Federal Regulations, or are subject to testing standards set forth in Sections 178.600 to 178.609, inclusive, of Title 49 of the Code of Federal Regulations, or to which recommendations of the United Nations on the transport of dangerous goods are applicable. (b) I am a product manufacturer. Must I petition the Board to verify that my rigid plastic packaging containers are exempt from the requirements of this Article? No, you are not required to petition the Board to verify that your rigid plastic packaging containers are exempt. If requested by the Board to certify compliance pursuant to section 17946 of this article, you must submit to the Board by certified mail a written response containing the information below: the rigid plastic packaging container(s) for which the exemption is being claimed, the basis for the exemption, and the name, mailing address, and telephone number of the person to whom the Board shall direct future communication relating to the exemption. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42326 and 42340, Public Resources Code. s 17945. Who Must Comply With These Regulations? (a) Who is responsible for ensuring that the containers regulated by this program are in compliance with the requirements of this Article? (1) Product manufacturers, pursuant to Section 17943(b)(12) of this Article are responsible for compliance with the requirements of the rigid plastic packaging container program. (2) Product manufacturers that are responsible only for products exempt under section 17944.5 are required to comply only with section 17944.5(b). Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42301 and 42325, Public Resources Code. s 17946. Who Must Certify That Compliance With This Article Is Met? (a) Who must submit certifications? Product manufacturers, pursuant to Section 17943(b)(12) of this Article, and only upon notification from the Board as described in this section, are required to certify to the Board that the containers that they use comply with the rigid plastic packaging container requirements if they sell or offer for sale a product in a rigid plastic packaging container that is sold to a final end-user in California. Upon the Board's request, a product manufacturer must submit a Board-supplied product manufacturer certification containing information that includes, but is not limited to, the information described in section (i) below. A product manufacturer must, in addition, submit a container manufacturer certification if the product manufacturer chooses compliance based on the postconsumer content or source reduction compliance options, pursuant to this section and Sections 17944 and 17946.5 of this Article. Container manufacturers must supply a certification to product manufacturers that includes the information described in section (h) below, if the container manufacturer produces rigid plastic packaging containers that either (1) Meet the postconsumer material compliance option, or (2) Meet the source reduction compliance option where the source reduction was achieved by reducing the weight of the containers used for a specific amount (ounces, grams, etc.) of product. Proprietary information included in a certification submitted to the Board as required by this Article shall not be made available to the general public. The Board's procedures for protection of proprietary information can be found in section 17948. (b) When must certifications be submitted? The Board may request a completed certification from a product manufacturer once per calendar year or once per a product manufacturer's compliance measurement period, pursuant to Section 17943(b)(15) of this Article. The Board shall not initiate requests for certifications until January 1, 1996, and will not require a product manufacturer to submit evidence of its compliance until 90 days after the end of the calendar year or measurement period established pursuant to Section 17943(b)(15). (c) Where can I get a certification form? As part of the Board's notification to product manufacturers that they shall submit a compliance certification, the Board will include a product manufacturer certification form and a container manufacturer certification form. The Board will request that compliance certification be made by certified mail. (d) How will the Board determine which product manufacturers are to submit a rigid plastic packaging container certification form and how will the Board notify product manufacturers of its determination? In addition to random selection, the Board may use the following criteria to determine when to request a certification form from a product manufacturer: container type, product type held by the container, company size, or receipt of information that causes the Board to suspect that a container is not in compliance. The Board will request a certification of compliance from a product manufacturer in writing. (e) How long do I have to respond to a Board request for a completed certification forms? A product manufacturer's completed certification forms must be postmarked no later than 90 calendar days from the date on which the Board's request arrived via certified mail. Product manufacturers may, in writing prior to the due date, request an extension of up to an additional 30 days to respond to the Board's request for certification. An extension may be granted by the Board if the product manufacturer provides the Board with documentary evidence to support its request based on criteria such as corporate acquisitions, corporate reorganizations, difficulty obtaining container information, or catastrophic acts of God, or other criteria deemed acceptable upon the Board's evaluation. (f) As a product manufacturer, how will I know if my certification forms are complete? The Board will review the certification forms to determine (1) the completeness of the certification forms; and (2) if not complete, any additional information or documentation needed. The Board will then, via certified mail, notify the product manufacturer as to the completeness of the forms. The Board's notice will state whether any additional information or documentation is required. The product manufacturer will have 30 days after the receipt of the notice to provide the required information or documentation. (g) If I am a product manufacturer and I wish to claim compliance through the source reduction or postconsumer content options, as described in Section 17944 of this Article, who must provide certification to the Board: I or the container manufacturer? When the basis for compliance is either the postconsumer material option or the source reduction compliance option where the reduction was achieved by a simple decrease in container weight, then the container manufacturer must provide certification to the product manufacturer. If either of these two compliance options are claimed, you must request the appropriate container manufacturer(s) to complete a Board-supplied container manufacturer certification form. This form will be provided to you with the original request for certification from the Board or at your request. This form must be completed by the container manufacturer, and must accompany your product manufacturer certification form when sent to the Board. The required information to substantiate either of these two compliance claims is described in section (h) below. Alternatively, if the container manufacturer provides you with all the information described in section (h) below as part of standard business procedures, then that same information may be submitted to the Board in lieu of a completed container manufacturer form supplied by the Board. As with the Board-supplied container manufacturer certification, the information supplied by the container manufacturer to you must be submitted with any product manufacturer certification that is submitted to the Board. The product manufacturer is responsible for compliance with the requirements in Section 17944, but the container manufacturer is responsible for ensuring the accuracy of any information it provides to you. (h) If I am a container manufacturer, what type of information must I provide in my certification? You must provide, at a minimum, the following information: (1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying required information; (2) The name, address, and telephone number of the product manufacturer at whose behest you are completing the certification form and the name and title of the person at that company who requested that you complete a certification form. If you supply a standard form to all customers expressing compliance with either the postconsumer material or source reduction compliance options as described in (g) of this section and which includes the information required in this section, then you do not need to provide the information in the previous sentence; (3) For compliance with the postconsumer material option, state the following: the percentage of postconsumer material in the containers in question, the total weight of resin used to manufacture the specified containers, and the total weight of postconsumer resin used to manufacture the specified containers. (4) For compliance with the source reduction option that was achieved by a simple reduction in container weight, state the following: the percentage of weight reduction for the containers, and the average weight of the containers of the packaging line before and after source reduction occurred. (5) Any other information the Board determines is necessary to verify compliance. (6) The certification must be submitted under penalty of perjury, according to the following format: "I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct." ___________________ _________________________________________ (Date) (Signature) (i) If I am a product manufacturer, what type of information must I provide in my certification? The information submitted on a Board-supplied product manufacturer certification form shall include, but not be limited to, the following: (1) Your company's name, mailing address, and telephone number, and the name and title of the person responsible for supplying the required information; (2) The advertised name of your product containers regulated by this article and the resin type used for the containers; (3) The compliance option, as described in Sections 17943 and 17944 of this Article, used to attain compliance or a statement that the product container is not in compliance with program requirements. The information you are required to provide depends on the compliance option used. (A) For compliance with the postconsumer material option, state the percentage of postconsumer material in the containers for which you claim compliance. (B) For compliance with any of the recycling rate options, state which recycling rate option was used, the recycling rate achieved, and a description of the products held by the containers that have achieved the stated rate. (C) For compliance with the reuse option, state the average number of times the container was reused. (D) For compliance with the reuse option, state the average number of times the container was refilled. (E) For compliance with the source reduction option where the source reduction was achieved by either concentrating the product, or achieved by a combination of concentrating the product and reducing the weight of the container that holds the product, you must provide the following: 1. The percentage the container was source reduced, and 2. The average weight per unit of product or the average weight per use of product before the source reduction was made and the average weight per unit of product or the average weight per use of product after the source reduction was made. (4) Any other information the Board determines is necessary to verify compliance. (5) The certification must be submitted under penalty of perjury, according to the following format: "I certify under penalty of perjury under the laws of the State of California that the foregoing is true and correct." ___________________ _________________________________________ (Date) (Signature) Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42320, 42321, 42323 and 42325, Public Resources Code. s 17946.5. Documentation Requirements. The Board may require product manufacturers and container manufacturers to submit to the Board supporting documentation that substantiates their compliance claims following the receipt of a certification. Except as otherwise stated, documentation to substantiate a compliance claim must be provided for the preceding calendar year. Proprietary information included in a supporting documentation submitted to the Board as required by this Article shall not be made available to the general public. The Board's procedures for protection of proprietary information can be found in subsection 17948(i). (a) I am a product manufacturer. What information must I provide to substantiate the certification claims made in response to Section 17946? The information necessary to substantiate compliance varies depending upon the compliance option selected. (1) For rigid plastic packaging containers for which the postconsumer material compliance option is claimed, the product manufacturer must provide, at a minimum, the following information: (A) Certification from the container manufacturer stating the total weight of postconsumer resin in the containers for which compliance is claimed and the total weight of all resin used in the containers for which compliance is claimed. If later requested by the Board, the container manufacturer must provide copies of shipment orders, bills of lading, purchase orders, or other evidence of receipt of postconsumer resin during the previous calendar year for the manufacture of the containers for which compliance is claimed, (B) The formula and data used to calculate the percentage of postconsumer material in the container. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula: For a single or multiple container lines: Percent of total weight of postconsumer resin Postconsumer = used in all containers x 100 ---------------------------------------- Material total weight of postconsumer resin used in all containers + total weight of all other resins used in all containers To comply under this option the percent of postconsumer must be equal to or greater than 25. (C) Any other information from the product manufacturer necessary to substantiate the product manufacturer's claim of compliance with this option. (2) For rigid plastic containers for which the source reduction compliance option is claimed, the product manufacturer must provide, at a minimum, the following information: (A) The percentage the container has been source reduced, (B) The container weight per unit or use of product of the non-source reduced container and the container weight per unit or use of product for the container for which source reduction is claimed, (C) The formula and data used to calculate the percentage that the containers were source reduced. The following formulas may be used, if mathematically appropriate for the subject containers, or the container manufacturer may supply its own appropriate formula: Formula to calculate the percentage of a single packaging line: Percent ( Wn ) ( Ws ) Source = (--------) - (--------) Reduced = ( Un ) ( Us ) -------- --------x 100 (Wn) ------ (Un) Formula to calculate the percentage of source reduction for multiple packaging lines: where: Wn = average weight or volume capacity of the non-source reduced containers Un = units or uses of product per non-source reduced container Ws = average weight or volume capacity of the source reduced containers Us = units or uses of products per source reduced container i = each container line complying with this source reduction option Ni = total annual number of containers in container line i complying with the source reduction option To comply under this option the Percent Source Reduced must be equal to or greater than 10. (D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's claim of compliance with this option. (3) For rigid plastic packaging containers for which the reuse compliance option is claimed, the product manufacturer must provide, at a minimum, the following information: (A) A statement of the measurement period that was used to quantify the amount that the identified containers were reused, and a quantitative description of how that measurement period was determined; (B) Copies of sales reports or other evidence that show the following: 1. The total volume or weight of the product sold in the original containers in the established measurement period, and 2. The total volume or weight of the replacement product sold. Sales reports of the product sold in the original rigid plastic packaging container and sales reports of the replacement product must be identified separately; and 3. If the replacement product is of a different strength than the original product, the product manufacturer must provide the appropriate conversion factor. The conversion factor shall explain the number of uses per weight unit or volume unit of product for both the original product and for the replacement product. (C) The formula and data used to calculate the number of reuses achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula: Formula to calculate the number of reuses for a given measurement period for a single container line: Average Reuse Per Container Liner = (number of replacement product packages sold) x n ------------------------------------------------- (number of original containers sold) where: n = the number of times the replacement product packages will fill the original container to accomplish the same number of units or uses of product held by the original container. Formula to calculate the average number of reuses for a given measurement period for multiple container lines: where: i = each container line seeking this compliance option R = total number of units or uses sold in replacement products packages calculated by multiplying the number of units or uses in each replacement package by the number of replacement packages sold during the measurement period. Oi = total number of units or uses sold in original containers calculated by multiplying the number of units or uses in each original container by the number of original containers sold during the measurement period. To comply under this option, the Average Reuse Per Container must be equal to or greater than 5. (D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option. NOTE: This option will demonstrate compliance for the original containers only; the replacement product container must comply under another option. (4) For rigid plastic packaging containers for which the refill compliance option is claimed, the product manufacturer must provide, at a minimum the following information: (A) A statement of the measurement period that was used to quantify the amount that the identified containers were refilled, and a quantitative description of how that measurement period was determined; (B) Copies of sales reports or other evidence which shows the following: 1. The total number of containers sold during the measurement period. 2. The total number of original containers used by the product manufacturer during the established measurement period. (C) The formula and data used to calculate the number of refills achieved for the containers. The following formulas may be used, if mathematically appropriate for the subject containers, or the product manufacturer may supply its own appropriate formula: Formula to calculate the number of refills for a given measurement period for a single container: number of containers sold during the Average Refills Per Container = measurement period ----------------------------------------- number of new original containers used by the product manufacturer during the measurement period Formula to calculate the number of refills for a given measurement period for multiple container lines: total weight of all containers sold during the Average Refills measurement period ----------------------------------------------------------- Per Container = total weight of all new original containers used during the measurement period To comply with this option, the Average Refills Per Container must be equal to or greater than 6. (F) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option. (5) For rigid plastic containers for which the particular type or product associated recycling rate compliance option is claimed, the product manufacturer must show the recycling rate for that specific particular type of container sold in California and the number of those containers collected in California for recycling. At a minimum, the product manufacturer must do the following: (A) Present to the Board in writing for its approval the methodology used to determine the sales and recycling figures. This methodology must explain in detail how the figures were derived or obtained. The Board must approve of the methodology prior to its use to determine a particular type or product associated recycling rate. Beginning for compliance year 1996, for any given calendar year, if a product manufacturer elects to base compliance on this option, the methodology must have been submitted to the Board by July 1 of the previous year. A product manufacturer may use the same methodology that the Board adopts to determine the aggregate recycling rate if the product manufacturer can demonstrate how the method is appropriate and comparable. The Board shall notify the product manufacturer within 60 days of the postmark of the request as to whether the methodology is acceptable. If a methodology is determined to be unacceptable, the Board will provide the rationale for why the methodology is not acceptable and provide suggestions as to how the proposed methodology could be altered to be made acceptable. (B) Once a methodology has been approved, that same methodology must be used to determine the figures submitted as part of a compliance claim. If the approved methodology is not used and the manufacturer selects this compliance option, the Board may reject the product manufacturer's compliance claim. The methodology remains valid to determine compliance in future years, unless it is modified by the product manufacturer without the Board's approval. Procedures for obtaining authorization for modifying a methodology are identical to those for establishing the initial methodology as stated in this section. The Board may request original data. (C) Product manufacturers that use the particular type recycling rate to comply with this program may designate any person as the entity to design the methodology, perform the study, and submit supporting documentation to the Board on behalf of the product manufacturers who are using the particular type rigid plastic packaging containers. (D) Any other information from the product manufacturer necessary to substantiate the product manufacturer's compliance claim with this option. (E) To comply under this option, the recycling rate must be equal to or greater than 45 percent. (6) Product manufacturers using the floral industry compliance option, as specified in section 17944(a)(5), shall submit to the Board for review and approval a methodology showing how affected containers will meet the two year reuse criteria. For 1997, the product manufacturer shall submit the proposed methodology to the Board on or before July 1, 1997. For subsequent years, the manufacturer shall submit the proposed methodology to the Board on or before July 1 of the calendar year immediately prior to the year the manufacturer intends to use this compliance option. The methodology shall include: (A) The proposed method used to determine the number of containers sold to the floral industry in California; (B) The proposed method used to determine the total number of containers sold in California; and (C) The proposed method used to determine the average reuse (in years) of the containers purchased by the floral industry in California. One acceptable method would be a statistically valid survey of the product manufacturer's floral industry customers, to be conducted by an independent contractor. If this method is used, a copy of the proposed survey form must be included in any submittals to the Board. (7) Based upon information received related to subdivisions (1) through (6) of this section, the Board may request additional information as it deems necessary. (b) Can a product manufacturer switch the option it uses to attain compliance for its rigid plastic packaging containers? A product manufacturer may change the option it uses to attain compliance for its rigid plastic packaging containers one time per calendar year or other established measurement period. (c) When must I submit supporting documentation to the Board? Following receipt of your compliance certification, the Board may request that you submit documentation to support your compliance claim. You must submit supporting documentation at the Board's request. If the Board wants you to submit supporting documentation, the Board will mail a request and you will have 60 days following the postmarked date to supply the information. Supporting documentation shall be submitted to the Board by certified mail. If the Board does not request supporting documentation, you should not include it with your compliance certification. (d) How long must I keep the records required by these regulations? For all compliance standards used by a product manufacturer other than source reduction, all documentation supporting any compliance claim must be available for at least four years following the end of the compliance period. For source reduction compliance claims, the supporting documentation for the baseline year as specified in subdivision (a)(2) of this section must be available to the Board for at least four years after the product is no longer sold in California. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42320, 42321 and 42325, Public Resources Code. s 17947. Auditing. (a) Will the Board audit my certifications? The Board may audit your certifications. The Board may ask you for supporting documentation as described in Sections 17946 and 17946.5 of this Article. (b) How will the Board request supporting documentation? To obtain the information, the Board will mail a request to you. The Board will list the information it needs and explain why the Board needs the information. You will have 60 days following the postmarked date on the Board's request to supply the information. (c) How will the Board conduct an audit? If the Board decides to conduct an audit of your records to determine compliance with program requirements, the audit will be conducted based on information you provide to the Board. The Board may request supplemental information from you during the course of the audit, if necessary. The Board will mail you the results within 60 days of the date that the Board receives any supplemental information requested. (d) What if I fail to provide requested information to the Board? If you fail to provide the requested information in accordance with this Article, you may be subject to the fines and penalties set forth in Section 17949 of this Article. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42320 and 42321, Public Resources Code. s 17948. Proprietary Information. (a) How will the Board handle confidentiality of information? (1) Upon the request of a manufacturer or trade association, the Board shall not disclose information, required by Section 17948 as it read prior to January 1, 1997, related to individual manufacturers, to the extent that it may legally be withheld from disclosure. Information related to individual manufacturers may be withheld from disclosure: (A) if it is found to contain proprietary information pursuant to Public Resources Code Section 42323; (B) to the extent provided by Government Code Sections 6254(k) and 6255; and (C) if it constitutes a trade secret as referenced in Public Resources Code Section 40062, Civil Code Section 3426 et seq., and Government Code Section 6254.7. (2) If the Board receives a written request from a member of the public that the Board disclose data claimed to be trade secret, confidential or proprietary information, or if the Board, upon its own initiative, seeks to disclose such data, the Board shall inform the provider of the information in writing that disclosure of the data is sought, and that a determination is being made as to whether any or all of the information has been properly identified as trade secret, confidential or proprietary information. (A) If the Board determines that the information is not trade secret, confidential or proprietary information, the Board shall notify the person who furnished the information by certified mail. The person who furnished the information shall have 30 days after receipt of this notice to provide the Board with a complete justification and statement of the grounds on which the trade secret, confidential or proprietary information claim is being made. The justification and statement shall be submitted to the Board by certified mail. The deadline for filing the justification may be extended by the Board upon a showing of good cause made prior to the deadline specified for its receipt. 1. The justification and statement submitted in support of a claim of trade secret, confidential or proprietary information shall include, but is not limited to, the following: a. a specific description of the data claimed to be entitled to treatment as trade secret, confidential or proprietary information; b. a statement as to whether it is asserted that the data is a trade secret, is confidential or proprietary information, that disclosure of the data would result in harmful effects on the person's competitive position, and if so, the nature and extent of such anticipated harmful effects; c. any statutory or regulatory provisions under which the claim of trade secret, confidentiality or proprietary is asserted; d. the period of time for which trade secret, confidential or proprietary treatment is requested; e. the extent to which the data has been disclosed to others and whether its trade secret, confidential or proprietary status has been maintained or its release restricted; f. trade secret, confidentiality or proprietary determinations, if any, made by other public agencies as to all or part of the data and a copy of any such determination, if available. 2. Documentation in support of a claim of trade secret, confidential or proprietary information, as specified in subdivision 1. of this section, may be submitted to the Board prior to the time disclosure is sought. (B) The Board shall determine whether the information is protected as trade secret, confidential or proprietary information within 15 days after receipt of the justification and statement or, if no justification and statement is filed, within 45 days of the notice required by subdivision (A). The Board shall notify the person who furnished the information and any party who has requested the information pursuant to a public records request of the determination, by certified mail. (C) If the Board determines that the information is not protected as trade secret, confidential or proprietary information, the notice required by subdivision (B) shall also specify a date, not sooner than 15 days after the date of mailing of the notice, when the information shall be made available to the public. (3) Except as provided in subdivisions (1) and (2), the Board may release information submitted and designated as trade secret, confidential or proprietary information to the following under the following conditions: (A) Other governmental agencies, and the Legislature may receive information that has been compiled or aggregated from confidential information, but does not reveal the specific sources of the information, when the information has been requested in connection with a local enforcement agency's or the Board's responsibilities under this division or for use in making reports. (B) To the state or any state agency in judicial review for enforcement proceedings involving the person furnishing the information. (4) Should judicial review be sought of a determination issued in accordance with section (2), either the person requesting the data or the person making the claim of trade secret, confidential or proprietary information status in relation to the data, may be made a party to the litigation to justify the determination. Note: Authority cited: Section 6253, Government Code. Sections 40502 and 42325, Public Resources Code. Reference: Sections 6250 et seq., Government Code. Sections 40062 and 42323, Public Resources Code. s 17948.5. Letters of Non-Objection. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310 and 42323, Public Resources Code. s 17949. Violations and Penalties. (a) What may result if I provide the Board with a false or misleading certification? Pursuant to Public Resources Code 42322, within 30 days of the Board having made a determination that an entity provided the Board with a false or misleading certificate, the Board shall refer that entity to the Attorney General for prosecution for fraud. (b) What may result if I do not comply with the program requirements? Any violation is a public offense and is punishable by a fine not to exceed $100,000. In addition, violators may be subject to a civil penalty not to exceed $50,000 per violation. Total fines and penalties are not to exceed $100,000 per annum for each violator. Annually, on and after July 1, 1996, the Board shall publish a list of all violators of these requirements and the amount of the fines they were assessed. (c) What are the penalties for not complying with program requirements? Penalties for specified violations of program requirements follow. Violation Description of Violation Penalty (1) Product manufacturer did not comply with container $5,000 CCRSection -$50,000 17944; PRCSection requirements. Penalty determined by degree of See 42310 Subsection (d). noncompliance. (2) Product manufacturer did not submit certification $1,000 CCRSection by -$50,000 17946 due date. See Subsection (e). (3) Product manufacturer did not submit complete or $1,000 CCRSection accurate -$50,000 17946 certification by due date. Degree of incompleteness or inaccuracies include, but are not limited to, misreporting exemptions; failure to account for all products; failure to account for subsidiaries and divisions; lack of container manufacturer's verification of number of containers sold or weight of containers; inconsistencies in information from product manufacturer and container manufacturer; lack of signatures; mathematical inaccuracies. (4) Product manufacturer submitted false or misleading Referral to CCRSection information Attorney 17946; General for PRCSection on certification. prosecution 42321 for fraud within 30 days of discovery by Board; maximum fine, $100,000. (d) For violation (1) how will the degree of noncompliance be determined? The degree of noncompliance will be determined according to the following point system where the amount of violation will be determined according to the following formula: $50,000 minus $1,800 times number of points or [$50,000 - ($1,800 x number of points)]. Rigid Plastic Packaging Container Compliance Point System Points PC Resin Source Reduction Reuse Refill (Percent PCR) (Percent SR) (Times) (Times) 1 1 0.4 0.2 0.2 2 2 0.8 0.4 0.4 3 3 1.2 0.6 0.6 4 4 1.6 0.8 0.8 5 5 2 1 1 6 6 2.4 1.2 1.2 7 7 2.8 1.4 1.4 8 8 3.2 1.6 1.6 9 9 3.6 1.8 1.8 10 10 4 2 2 11 11 4.4 2.2 2.2 12 12 4.8 2.4 2.4 13 13 5.2 2.6 2.6 14 14 5.6 2.8 2.8 15 15 6 3 3 16 16 6.4 3.2 3.2 17 17 6.8 3.4 3.4 18 18 7.2 3.6 3.6 19 19 7.6 3.8 3.8 20 20 8 4 4 21 21 8.4 4.2 4.2 22 22 8.8 4.4 4.4 23 23 9.2 4.6 4.6 24 24 9.6 4.8 4.8 25 25 10 5 5 26 26 10.4 27 27 10.8 28 28 11.2 29 29 11.6 30 30 12 31 31 12.4 32 32 12.8 33 33 13.2 34 34 13.6 35 35 14 36 36 14.4 37 37 14.8 38 38 15.2 39 39 15.6 40 40 16 41 41 16.4 42 42 16.8 43 43 17.2 44 44 17.6 45 45 18 46 46 18.4 47 47 18.8 48 48 19.2 49 49 19.6 50 50 20 (e) For violation (2), what criteria will be used to determine penalties for certifications submitted late? Certifications submitted late will be assessed the following penalties: Days Late Amount of Penalty 1-30 $1,000 31-60 $5,000 More than 60 Up to $50,000 (Considered nonresponsive) (f) Are there mitigating factors that the Administrative Law Judge or Board may consider in reducing the penalty amount for any violation? Yes. The Administrative Law Judge or the Board may consider, but is not limited to considering, evidence of the following, as provided by the product manufacturer: 1. Impact on diversion and sustainable markets. 2. Size of company. 3. Degree of cooperation or noncooperation, including documented efforts to obtain container manufacturer's documentation. 4. Technological feasibility of compliance. 5. History of previous compliance. Note: Authority cited: Sections 40502 and 42325, Public Resources Code. Reference: Sections 42310, 42321 and 42322, Public Resources Code. s 17950. Regulatory Effect of Questions and Answers. For the purposes of this Article, both the question and answer in each section have regulatory effect for implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 40502 and 42750 through 42791 of the Public Resources Code govern the Recycled-Content Newsprint Program. Note: Authority cited: Sec tion 40502, Public Resources Code. Reference: Section 42760, Public Resources Code. s 17952. Purpose and Definitions. (a) What is the purpose of these regulations? These regulations explain what recycled-content newsprint requirements consumers and suppliers of newsprint must meet, and what procedures consumers and suppliers of newsprint must follow to report and certify recycled-content newsprint use. These regulations only pertain to newsprint use within the state of California. (b) Definitions. Additional definitions may be found in Article 1, Chapter 15, Part 3 of Division 30 of the Public Resources Code. (1) The Board is the California Integrated Waste Management Board. (2) A commercial printing and publishing operation is a business located in California, which uses newsprint in its printing or publishing operation. A commercial printer is further defined as a person whose business is classified in the Standard Industrial Classifications Code (SIC), Sections 2752, 2754, or 2759, which are incorporated herein by reference. A commercial publisher is further defined as a person whose business is classified in the Standard Industrial Classifications Co de (SIC), Sections 2711, 2721, 2731, or 2741, which are incorporated herein by reference. (3) A consumer of newsprint means a person, as defined in Public Resources Code section 40170, who uses newsprint in a commercial printing or in a commercial publishing operation. Public Resources Code 40170 defines "person" as individual, firm, association, copartnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever. (4) Delivery time is the time between placement of a newsprint order and receipt of that order by a consumer of newsprint. (5) Grade is a class or level of quality of paper or pulp which is ranked, or distinguished from other papers or pulps, on the basis of its use, appearance, quality, manufacturing history, raw materials, or a combination of these factors. Some grades have been officially identified and described and thus are ranked. Others are commonly recognized but lack official definition. (6) Groundwood Pulp means a material that is produced by taking debarked pulpwood, and forcing it against a revolving grindstone in the presence of water. The abrasive action of the stone reduces the wood to pulp. No chemicals are used in the production of groundwood except for possible bleaching. (7) Machine Finish is any finish obtained on a paper machine. It may be that of a sheet of paper as it leaves the last drier or as it leaves the calendar stack. It may also be a dry or water finish. When used in conjunction with the name of a grade or type of paper, a machine finish has less than the maximum range of smoothness. (8) May means a provision is permissive. (9) A metric ton is 1000 kilograms. To convert pounds to metric tons, divide the number of pounds by 2,204.6. (10) Must means a provision is mandatory. (11) Newsprint means uncoated paper, whether supercalendered or machine finished, of the type generally used for, but is not limited to, the publication of newspapers, commercial advertising inserts, directories, or commercial advertising mailers, which is made primarily from mechanical woodpulps combined with some chemical woodpulp. "Newsprint" includes paper made from old newspapers, which have been deinked, using the recycled pulp in lieu of virgin pulp. "Newsprint" includes all grades of paper sold as newsprint, supercalendered (SC) uncoated groundwood, or machine finished (MF) uncoated groundwood. Grades of newsprint may include, but are not limited to: (1) Newspaper Newsprint: 52.1 g/m<>2 through 45.0 g/m<>2 (2) Lightweight Newsprint: 45.0 g/m<>2 and lower (3) Supercalendered and machine finished uncoated groundwood newsprint grades, as follows: (a) Hi-Brite Newsprint: 48.8 g/m<>2 and higher, brightness greater than 65% (b) CPO Newsprint: 45.0 g/m<>2 through 48.7 g/m<>2 brightness greater than 65% (c) Rotogravure Newsprint: 40.0 g/m<>2 and higher, roughness less than 60 Sheffield. (12) A newsprint manufacturer is in the business of making newsprint. (13) A newsprint supplier is a broker, dealer, or seller of 5 metric tons or more of newsprint per year for use in California. Consumers who supply other consumers with newsprint are not considered suppliers for the purposes of this Article. (14) Quoted price is defined as the actual purchase price for newsprint; i.e. the price agreed upon by the buyer and the seller, verbally or in writing, which would consummate a sale or purchase. (15) Recycled Content Newsprint means newsprint in which not less than 40 percent of its fiber consists of postconsumer wastepaper. (16) A Reporting Period is from January 1 through December 31 of any given year. (17) A shipment is defined as any quantity of newsprint, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, purchase order, or other evidence of shipment. A physical record for every shipment must be received by the company using the newsprint in its commercial printing or publishing operation. (18) (18) Supercalendered is a finish obtained by passing paper between rolls of a supercalender under pressure. The resulting finish will vary depending upon the raw material used in the paper and the pressure exerted upon it, from that of the highest English finish to a highly glazed surface. Note: Authority cited: Sec tion 40502, Public Resources Code. Reference: Sections 42750, 42753, 42754, 42755 and 42756, Public Resources Code. s 17954. Who Must Comply with These Regulations? Who must comply with these regulations? You must comply with these regulations if you are: 1. A person, as defined by Public Resources Code section 40170, located in California, or 2. A newsprint supplier who is a person, as defined above, who supplies newsprint which will be used in California, or 3. A newsprint manufacturer who is a person, as defined above, who produces newsprint, which will be used in California. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42750, 42753 and 42772, Public Resources Code. s 17956. Who Must Certify? These certification requirements apply to printers and publishers, located in California, who use newsprint in their operations. Printing or publishing operations located outside of California are not required to comply with these regulations. (a) Printer/Publisher Certification of Recycled-Content Newsprint Use to the Board. (1) If you own or operate a commercial printing establishment located in California, you must annually submit to the Board a completed form CIWMB 430 "Newsprint Consumer Certification" (11/00), which is incorporated herein by reference. (See Appendix A.) This form is due to the Board on March 1 of each year. (2) If you own or operate a commercial publishing operation located in California, which also owns or operates a commercial printing operation, you must annually submit a completed Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board. (3) Any person owning or operating more than one commercial printing or commercial publishing operation in California may submit one certification for all of its operations. All of the information required by Section 17958(b) of this Article must be itemized for each establishment included in the certification. (4) If you own or operate a commercial printing operation located in California, but do not do any printing, you are not required to submit a Newsprint Consumer Certification, form CIWMB 430 (11/00), to the Board. (b) Supplier Certification of Recycled-Content Newsprint to Consumers or other Suppliers. If, at any time during a year, you supply recycled-content newsprint to commercial printers/publishers located in California, or to other suppliers who may in turn supply such establishments, you must comply with Section 17960 of this Article. Suppliers of newsprint are held accountable for certification according to Section 17960, regardless of their location. (c) Manufacturer Certification of the Recycled-Content of its Newsprint to the Board. If you are a person manufacturing recycled-content newsprint for use in California, you must submit a letter to the Board certifying the metric tons of postconsumer wastepaper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period. You must also certify to the Board the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills that were shipped for use in California during each reporting period. This letter of certification will be due on March 1 of every year for each reporting period (January 1 through December 31). (d) Manufacturer Certification of the Recycled-Content to Suppliers/Consumers. If you are a person manufacturing recycled-content newsprint for use in California, you must certify that the newsprint you ship for use in California is recycled-content newsprint. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42753, 42772, 42773, 42774 and 42775, Public Resources Code. s 17958. Newsprint Consumer Requirements. (a) I am a consumer of newsprint. What must I do to comply with these regulations? If you are a consumer of newsprint, to comply with these regulations you must: 1. Satisfy the minimum recycled-content newsprint use requirements in Table One below, and 2. Certify to the Board by March 1 of each year that you are meeting these requirements. The first certification is due to the Board by March 1, 1992 for 1991's use. Certification information is listed in subsection (b) of this section. TABLE ONE: RECYCLED-CONTENT NEWSPRINT USE REQUIREMENTS On and After Required Use January 1, 1991 25 percent January 1, 1994 30 percent January 1, 1996 35 percent January 1, 1998 40 percent January 1, 2000 50 percent (b) I am a consumer of newsprint located in California. What information must I send to the Board each year for my certification? By March 1 of each year, you must send the following information to the Board on the Board-supplied Newsprint Consumer Certification Form #430 (11/00): 1. Your name, mailing address, physical address, and telephone number; 2. The total metric tons of newsprint not containing forty (40) percent postconsumer fibers used during the preceding calendar year; and 3. The total in metric tons of recycled-content newsprint used during the preceding calendar year; (c) I am a consumer of newsprint. What records must I keep to comply with these regulations? To comply with these regulations, consumers of newsprint must keep: 1. A copy of every shipment order, bill of lading, invoice, purchase order, or other evidence of shipment, 2. A copy of the annual Newsprint Consumer Certification Form #430 (11/00), that you send to the Board, and 3. A copy of any supplier certification you have received. (d) How long must consumers of newsprint keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760, 42770 and 42782, Public Resources Code. s 17960. Newsprint Supplier Requirements. (a) I am a newsprint supplier. When I certify the metric tons of recycled-content newsprint in every shipment to a consumer or other supplier of newsprint, what information must I include? When you certify the metric tons of recycled-content newsprint in every shipment to a newsprint consumer or supplier, you must include: 1. Your name, mailing address, and telephone number, 2. The name and physical address of the consumer or supplier to whom you are sending the newsprint, 3. The name of the newsprint grade, and the date(s) of shipment, 4. Total in metric tons, by grade, of recycled-content newsprint shipped, and 5. Total in metric tons, by grade, of newsprint containing less than forty (40) percent postconsumer wastepaper shipped. 6. If a shipment contains no recycled-content newsprint, the supplier shall so certify. (b) I am a newsprint supplier who has supplied consumers or other suppliers with recycled-content newsprint. What records must I keep to comply with these regulations? You must keep the following records for each shipment of newsprint you make to a consumer or other supplier of newsprint: 1. The manufacturer's name, address, and mill of production for each grade of newsprint received in each shipment, 2. The name and mailing address of the person from whom you received each shipment prior to your supplying it to others, 3. The name and mailing address of the consumer or supplier to whom you shipped the newsprint, 4. The name of the newsprint grade(s) supplied in each shipment, and the dates of shipment, 5. Total, in metric tons, of each grade of newsprint containing less than forty (40) percent postconsumer wastepaper contained in each shipment, 6. Total, in metric tons, of each grade of recycled-content newsprint contained in each shipment, and 7. Copies of any certifications you send to consumers of newsprint, or to other suppliers. (c) As a newsprint supplier, how long must I keep the records required by these regulations? If you are a newsprint supplier, you must keep records for 3 years after the date of each certification and make them available to the Board upon request. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772 and 42780, Public Resources Code. s 17962. Newsprint Manufacturer Requirements. (a) I manufacture recycled-content newsprint, which is used in California. What must I do to comply with these regulations? If you manufacture recycled-content newsprint, which is used in California, you must: (1) Certify the metric tons of recycled-content newsprint contained in each shipment made to consumers or suppliers, by grade, for use in California. If a shipment contains no recycled-content newsprint, you shall so certify. (2) Certify to the Board by March 1 of each year the metric tons of postconsumer waste paper and/or deinked pulp received or produced at each of your mills producing recycled-content newsprint for use in California during each reporting period. (3) Certify to the Board by March 1 of each year the metric tons of recycled-content newsprint, by grade, which were produced at each of your mills, which were shipped for use in California, during each reporting period. (b) As a manufacturer of recycled-content newsprint, what records must I keep to comply with these regulations? If you are a recycled-content newsprint manufacturer, you must keep copies of any certification you send to suppliers, consumers, or the Board. (c) As a manufacturer of recycled-content newsprint, how long must I keep the records required by these regulations? You must keep the records for 3 years after the date of the certification and make them available to the Board upon request. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42772, 42780, Public Resources Code. s 17964. Quality Standards. (a) What quality standards does the recycled-content newsprint have to meet? The Board shall establish the comparable quality standards, which the recycled-content newsprint must meet. (b) How will the Board set its comparable quality standards? In July of each year, the Board will survey newsprint manufacturers who annually sell more than 5,000 metric tons of recycled-content newsprint for use in California. The Board will request samples from each of these manufacturers for each grade of recycled-content newsprint that they produce. The Board will then conduct testing following the methods of the Technical Association of the Pulp and Paper Industry (TAPPI), and will establish the standards based on the results of the testing. The TAPPI Test Methods T414, T452, and T425, 1986, are incorporated herein by reference, and listed in Table Two below. (See section (e) for additional information about the TAPPI methods). TABLE TWO: TAPPI TEST METHODS ______________________________________________________________________ Specification Test Method Units ______________________________________________________________________ Average of all brightness tests T452 Percent Average of all opacity tests T425 Percent Average of all cross-machine tear strength tests T414 Grams ______________________________________________________________________ (c) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the newspaper newsprint and lightweight newsprint grades: Sum of the test results from samples submitted by manufacturers = ________ (1) Number of manufacturers submitting samples = ________ (2) Divide (1) by (2) = ________ (3) Multiply (3) by 0.98 = ________ (4) The figure on line (4) is the minimum comparable quality standard for these grades. (d) The Board will use the following method to calculate the comparable quality standard for each of the specifications in the supercalendered and machine finished uncoated groundwood grades: Sum of the test results from samples submitted by manufacturers = ________ (1) Number of manufacturers submitting samples = ________ (2) Divide (1) by (2) = ________ (3) Multiply (3) by 1.00 = ________ (4) The figure on line (4) is the minimum comparable quality standard for these grades. (e) Where can I find the TAPPI methods for sampling procedures, and the test methods for brightness, printing opacity and cross-machine tear strength? You can find the test methods (T414, T425, T452) in a book called TAPPI Test Methods , Volumes 1 and 2, 1986, published by the Technical Association of the Pulp and Paper Industry, P.O. Box 105113, Atlanta, Georgia, 30348. TAPPI methods can also be found in the Annual Book of the American Society of Testing Materials (ASTM) OM-87, Volume 15.09, 1988. (f) When will the Board make available the comparable quality standards? The Board will make available the comparable quality standards by November 30 of each year. (g) For what time period will these comparable quality standards apply? The comparable quality standards made available by November 30 of each year will apply throughout the following calendar year. Note: Authority cited: Sections 40502 and 42775(a), Public Resources Code. Reference: Section 42775(a) and (b), Public Resources Code. s 17966. Comparable Price. How do I know if the price I have to pay for recycled-content newsprint is a comparable price? The price for a grade of recycled-content newsprint is comparable if the quoted price for the recycled-content newsprint is less than or equal to the quoted price for newsprint which is not recycled-content newsprint. These price comparisons shall be grade-specific and for similar quantities. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code. s 17968. Availability Within a Reasonable Period of Time. (a) How will I know if the delivery time promised by a newsprint manufacturer or supplier for recycled-content newsprint is reasonable? (1) A reasonable delivery time for recycled-content newsprint for a commercial publisher shall be forty-five (45) calendar days. (2) A reasonable delivery time for recycled-content newsprint for a commercial printer shall be calculated by adding the delivery times in days for all deliveries of newsprint of that grade received by the printer in the prior 30 days, dividing the result by the number of deliveries, and multiplying this result by 1.1. If the quoted delivery time is less than or equal to the final result of your calculation, the quoted delivery time is reasonable. (b) What if I have not received a shipment of that grade of newsprint in the previous 30 days? If you have not received a shipment of that grade of newsprint within the last 30 days, add all the delivery times for the last 90 days for the calculation. If you have not received a shipment in the last 90 days, substitute delivery times of a comparable grade of newsprint and complete the calculation. (c) What if I have never received a shipment of that grade of newsprint or any comparable grades? If you have never received a shipment of that grade or any grade comparable, the recycled-content newsprint shall be considered available within a reasonable period of time if the quoted delivery time does not prevent you from performing the job for which you need the newsprint. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42760, Public Resources Code. s 17970. Auditing. (a) Will the Board conduct audits of my certifications? The Board may conduct audits of your certifications. The Board may either ask you for additional information, or the Board may conduct an on-site audit. (b) How will the Board conduct a request for additional information? To get the information, the Board will send you a request by certified mail. The Board will list the information the Board needs and explain why the Board needs the information. You will have thirty days to supply the information. (c) How will the Board conduct an on-site audit? If the Board decides to audit your records to determine compliance with the statutory requirements, either Board staff or an auditor will conduct the audit. The Board will send you the results within thirty days of the date on which the audit was performed. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42771, Public Resources Code. s 17972. Failure to Meet Goals. (a) I am a consumer of newsprint. What happens if I cannot meet the recycled-content newsprint use requirements for any reporting period? If you cannot meet the recycled-content newsprint use requirements for any reporting period, you must give the specific reasons why you did not meet them when you file your certification for that reporting period. There are only three acceptable reasons, pursuant to Public Resources Code section 42773, for not meeting the recycled-content newsprint use requirements: 1. The recycled-content newsprint did not meet the quality standards established by the Board as defined in Section 17964 of this Article; 2. The recycled-content newsprint was not available at a comparable price, as defined in Section 17966 of this Article, to that for newsprint which is not recycled-content newsprint; or 3. The particular grade of recycled-content newsprint would not have been available in a reasonable time as defined in Section 17968 of this Article. (b) I was not able to meet the recycled-content newsprint use requirements for a reporting period. In my certification, I am going to use one of the reasons listed above to explain why I did not meet the requirements for recycled-content newsprint use. What steps do I have to take to make this certification in good faith? To make this certification in good faith, you must provide documentation, as described in Public Resources Code section 42773, showing that you contacted newsprint suppliers for the purpose of obtaining recycled-content newsprint. You must list all newsprint suppliers with whom you had purchase discussions, or producers that offered to sell you recycled-content newsprint within the preceding twelve months, on the Board supplied Newsprint Consumer Certification Form #430 (11/00). (c) I was not able to meet the recycled-content newsprint use requirements for a reporting period. What records do I have to keep to document my claim? 1. If you claim that you did not meet the recycled-content newsprint use requirements because recycled-content newsprint was not available at a comparable price to newsprint which is not recycled-content newsprint, you must keep invoices for the newsprint you purchased for your use and copies of the quoted prices which you received for recycled-content newsprint during that particular reporting period. 2. If you claim that you did not meet the recycled-content newsprint use requirements because the recycled-content newsprint did not meet the comparable quality standards during a particular reporting period, it is your responsibility to document your claim. Examples of documentation include, but are not limited to: (i) Technical specifications or a letter of certification from the manufacturer of that newsprint demonstrating that the newsprint does not meet the quality standards, or (ii) A letter of notification to the Board within two days of the date you conclude that the use requirements will not be met. The Board may conduct TAPPI tests, identified in section 17964 -Table Two of this Article, to assist you in substantiating your claim. If testing is required, the Board shall inform you of proper shipping and handling procedures for the samples based on the provisions of the particular test to be used. 3. If you are a commercial publisher, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the quoted delivery times which you are claiming were unreasonable. If you are a commercial printer, and you claim that a grade of recycled-content newsprint was not available within a reasonable period of time during a particular reporting period, you must keep copies of the calculations used to establish your reasonable delivery time for that grade of newsprint and the quoted delivery times which you are claiming were unreasonable. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 42760 and 42773, Public Resources Code. s 17974. Penalties. What can happen to me if I make a false or misleading certification or I do not comply with the statutory requirements? (a) Any person who does not comply with the statutory requirements for this program may be found guilty of an infraction, and/or may be subject to civil penalties. The Board may assess civil penalties of up to $1,000 per violation, subject to notice and hearing. (b) Late filers and non-filers of Newsprint Consumer Certifications (Form 430) shall be subject to the graduated penalty structure below: 1. Any Consumer of Newsprint who files a certification at least 45 days late will be assessed a $500 civil penalty. 2. Any Consumer of Newsprint who files a certification more than 90 days late and/or fails to file will be assessed a $1,000 civil penalty. (c) Any civil penalties assessed against a late or non-filer of the Form 430 shall be assessed by the Executive Director. (d) A Consumer of Newsprint may appeal the penalty assessed above to the full Board within ten (10) working days of receipt of the Notice of Penalty. This appeal must be made in writing and must be addressed to the Executive Director of the Board. The Executive Director shall calendar the appeal for hearing by the Board within thirty (30) days of receipt of the written notification by the Consumer of Newsprint. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 42790 and 42791, Public Resources Code. s 17975. Regulatory Effect of Questions and Answers. (a) What is the regulatory effect of the questions and answer format? Both the question and answer in each section have regulatory effect for purposes of implementation and enforcement. In addition to the regulations in this Article, statutory provisions contained in Sections 42290 through 42297 of the Public Resources Code (PRC) govern the Recycled Content Trash Bag Program. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42291, Public Resources Code. s 17976. Purpose and Definitions. (a) What is the purpose of these regulations? These regulations explain the requirements for each manufacturer and wholesaler of trash bags and each supplier of recycled plastic postconsumer material (RPPCM) which is used to manufacture trash bags which are intended for sale or distribution in California. Also included are procedures manufacturers and wholesalers of trash bags and suppliers of recycled plastic postconsumer material (RPPCM) must follow to meet reporting and certification requirements. These regulations pertain to plastic trash bags which are intended for sale or distribution, or which are sold within California to recycled plastic postconsumer material (RPPCM) used to manufacture plastic trash bags which are sold or intended for sale or distribution in California and other plastic products manufactured by a plastic trash bag manufacturer intended for sale in California. (b) Definitions. The following definitions, and the definitions found in Public Resources Code section 42290 apply to the regulations in this Article. (1) "Actual postconsumer material (APCM)" means the weight, in pounds, of the postconsumer material used in a feedstock to manufacture trash bags. For example, the weight of actual postconsumer material in 1000 pounds of 100% postconsumer material feedstock would be 1000 pounds. However, the weight of APCM in 1000 pounds of resin blended from 70% postconsumer material and 30% non-postconsumer material would be 700 pounds (1000 x 0.70 = 700). (2) "Annual aggregate use" is the sum of all actual postconsumer material (APCM) used to manufacture plastic products, either just the plastic trash bags or all of a manufacturer's plastic products that are used as a basis for compliance pursuant to section 17979. For example, if the manufacturer chooses section 17979(a)(1)(A)1 to show compliance, and if 10 million pounds of regulated trash bags are intended for sale in California, at least 1 million pounds APCM must be used to manufacture plastic trash bags intended for sale in California during that reporting period. Furthermore, the APCM may be used in some plastic trash bags and not in others so long as the cumulative use of APCM in plastic trash bags intended for sale in California exceeds 1 million pounds for the reporting period. If the manufacturer uses section 17979(a)(1)(A)2 to show compliance and 10 million pounds of regulated trash bags and 90 million pounds of other plastic products were manufactured and intended for sale in California, at least 30 million pounds (0.30 x (10+90) = 30) APCM must be used to manufacture all of those products during that reporting period. (3) "Authorized certification signature" means the signature of any one of the following persons who has been designated by the entity to sign a certification on its behalf: For a corporation -A responsible corporate officer or manager authorized to make management decisions which govern the operation of the certifying facility. For a partnership or sole proprietorship -The general partner or sole proprietor. For a government agency -Either the principal executive officer or a designated elected official who is authorized to obligate the entity for purposes of this certification. (4) "The Board" means the California Integrated Waste Management Board. (5) "Manufacturer" means a person who manufacturers plastic trash bags for sale in this state. This includes persons who produce plastic trash bags or convert plastic film into trash bags for sale in this state. (6) "May" means a provision is permissive. (7) "Must" means a provision is mandatory. (8) "Plastic trash bag" means a bag that is manufactured for intended use as a container to hold, store, or transport materials to be discarded, composted, or recycled, including, but not limited to, garbage bags, composting bags, lawn and leaf bags, can-liner bags, kitchen bags, compactor bags, and recycling bags. A plastic trash bag does not include a grocery sack or any other bag that is manufactured for intended use as a container to hold, store, or transport food. A plastic trash bag does not include any plastic bag that is used for the purpose of containing either of the following wastes: (a) "Hazardous waste," as defined in Section 25117 of the Health and Safety Code. (b) "Medical waste," as defined in Section 25023.2 of the Health and Safety Code. (9) "Postconsumer material" means a finished product which would normally be disposed of as a solid waste, having completed its intended end-use and product life cycle. "Postconsumer material" does not include manufacturing and fabrication scrap. (10) "Proximate prior usage" means the collected finished product which the postconsumer material was derived from prior to its being processed into recycled plastic postconsumer material for use in a recycled content trash bag. For example, the proximate prior usage of the postconsumer material may have been, dry-cleaner bags, grocery or produce bags, agricultural film, or stretch wrap. (11) "Recycled plastic postconsumer material (RPPCM)" means a plastic feedstock which is used to manufacture trash bags which contain postconsumer material. RPPCM may contain any amount (1-100%) of postconsumer material; however, compliance will be determined based on the APCM content of the trash bags. (12) "Regulated bags" means plastic trash bags, as defined, intended for sale in California, which are at or above 0.70 mil thickness. (13) "Reporting Period" is from January 1 through December 31 of any calendar year. (14) A "shipment" is defined as any quantity of trash bags or recycled plastic postconsumer material, regardless of mode of transportation, which is accompanied by an invoice, bill of lading, shipment order, or other evidence of shipment. (15) A "Supplier" means any person who provides recycled plastic postconsumer material (RPPCM) to a manufacturer of plastic trash bags. (16) "Wholesaler" means any person who purchases plastic trash bags from a manufacturer for resale in this state. This includes all persons who sell or resell regulated plastic trash bags to retailers, distributors, commercial or industrial users, or governmental entities in California. Note: Authority cited: Section 40502 and 42297, Public Resources Code. Reference: Sections 42290 and 42291, Public Resources Code. s 17977. Who Must Comply With These Regulations? (a) Who must comply with these regulations? You must comply with these regulations if you are: (1) A manufacturer or wholesaler of regulated trash bags, or (2) A supplier of RPPCM who sells material to a manufacturer of regulated trash bags. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code. s 17978. Who Must Certify? Trash bag manufacturers and wholesalers of trash bags must certify annually to the Board on Board-supplied form CIWMB 57 "Plastic Trash Bag Manufacturer Certification" and form CIWMB #58 "Plastic Trash Bag Wholesaler Certification", respectively, which are described in Sections 17979 and 17979.5, and which are incorporated herein by reference. Suppliers of RPPCM must certify annually to the regulated trash bag manufacturers to whom they sell material. The supplier certification form will not be provided by the Board. (a) Annual Aggregate Certification Requirements for Manufacturers of Trash Bags - If you are a manufacturer of regulated trash bags, you must comply with the requirements described in Public Resources Code (PRC) sections 42291, 42292 and 42293. You must annually submit to the Board a completed Trash Bag Manufacturer Certification Form #57 on or before March 1 (to cover the preceding reporting period) of each year. (b) Certification Requirements for Wholesalers of Trash Bags - If you are a wholesaler of trash bags, you must comply with the requirements described in PRC section 42294. You must annually submit to the Board a completed Wholesaler of Trash Bag Certification Form #58 on or before March 1 (to cover the preceding reporting period) of each year. (c) Certification Requirements for Suppliers of RPPCM - If you are a supplier of RPPCM who sells material to a manufacturer of regulated trash bags, you must annually provide each manufacturer with the information described in PRC section 42292 and in Section 17980 of this Article. This report is due to each regulated trash bag manufacturer to whom you supplied RPPCM by February 1, (to cover the preceding reporting period) of each year. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code. s 17979. Requirements for Manufacturers of Regulated Trash Bags. (a) Manufacturers of Regulated Trash Bags - (1) I am a manufacturer of regulated trash bags. What must I do to comply with these regulations? To comply with these regulations, you must: (A) Certify to the Board by March 1 of each year one of the following: 1. That you met the annual aggregate use requirements that plastic trash bags intended for sale in California contained APCM equal to at least 10 percent by weight of the regulated trash bags. 2. That you met the annual aggregate use requirement that 30 percent of the weight of the material used in all of your plastic products intended for sale in California is APCM. 3. Were exempt from meeting the requirements because all of the regulated trash bags you sold in California during the previous reporting period were either: i. below the minimum gauge standard, or were ii. hazardous or medical waste bags, or were iii. non-plastic trash bags. (B) Provide information upon request to anyone who purchases your trash bags and who must comply with these regulations, that will enable the purchaser to fulfill its certification requirements. (C) Inform suppliers of RPPCM that the RPPCM being purchased will be reported on a certification to the Board in compliance with these regulations. (2) I am a manufacturer of regulated trash bags. What information must I send to the Board each year in my certification? On or before March 1 of each year you must send the following information to the Board for the preceding reporting period in your Trash Bag Manufacturer Certification Form #57: (A) Identification - Your company name, headquarters mailing address, every physical address where regulated trash bags were manufactured, contact person, and telephone number. (B) Certification Information - 1. Total number of plastic trash bags intended for sale in California, 2. Total tons of plastic trash bags intended for sale in California, 3. Total tons of actual postconsumer material used to manufacture all plastic trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1, 4. Total number of regulated trash bags intended for sale in California, 5. Total tons of regulated trash bags intended for sale in California, if claiming compliance through section 17979(a)(1)(A)1, 6. Total tons of material used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2, 7. Total tons of APCM used to manufacture all plastic products intended for sale in California, if claiming compliance through section 17979(a)(1)(A)2, 8. A description of any minimum recycled content mandate(s) of any other local, state, or federal government agencies with which you are required to comply, and the total tons of APCM used to comply with these mandates. 9. The number of regulated trash bags and the tons of regulated trash bags which originated from each physical location from which the manufacturer shipped regulated trash bags, 10. If you produce your own RPPCM, total tons of RPPCM produced during the reporting period, and, for each location where RPPCM is produced: tons of RPPCM, APCM content of RPPCM, and proximate prior usage of APCM, 11. The name and physical location of each supplier of RPPCM, 12. The quantity and proximate prior usage of, and the actual postconsumer material content of, RPPCM purchased for use in regulated trash bags, and 13. A list of any company(ies) to whom you sold RPPCM during the previous reporting period. (C) Accompanying Documentation Accompanying documentation, such as, results of an independent audit or certification program regarding your regulated trash bags or the RPPCM you purchased, may be attached. (D) If applicable - Manufacturer's Justification of Non-compliance If a manufacturer of regulated trash bags is unable to obtain sufficient amounts of RPPCM because the material did not meet the quality standards established by the Board or the RPPCM was not available within a reasonable period of time, the manufacturer shall so certify. The information required to make such claims is identified in Sections 17980.5, 17981, 17982 and/or 17983, and 17983.5 of this Article, as applicable. Additional recordkeeping requirements regarding such claims are in Sections 17982 and/or 17983 of this Article. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42292 and 42293, 42298, Public Resources Code. s 17979.1. Recycled Plastic Postconsumer Material That Cannot Be Used for Compliance. Any certification of RPPCM used for compliance with these requirements shall not include any materials that are certified or used for compliance with any other California or federal requirement that requires the use or reporting of RPPCM for plastic products. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42290.5, Public Resources Code. s 17979.3. Exemption For Trash Bags Using Adhesive, Heat Affixed Straps; Petition for Variance. Note: Authority cited: Sections 40502, 42297 Public Resources Code. Reference: Section 42298, Public Resources Code. s 17979.5. Requirements for Wholesalers of Regulated Trash Bags. (a) Wholesalers of Regulated Trash Bags - Wholesalers of regulated trash bags who are not also manufacturers of trash bags shall be guided by the following provisions: (1) I am a wholesaler of regulated trash bags who is not also a manufacturer of trash bags. What information must I send to the Board each year in my certification? On or before March 1 of each year, you must send the following information to the Board for the preceding reporting period on your Trash Bag Wholesaler Certification Form #58: (A) Your company name, headquarters mailing address, every physical address from which regulated trash bags were shipped, telephone number, and contact person, (B) A list of each manufacturer and each other wholesaler from whom you purchased regulated trash bags during the previous reporting period, and, (C) The number of regulated trash bags and the tons of regulated trash bags shipped from each physical location which were intended for sale or distribution or sold in California for which you are certifying. (2) I am a wholesaler of regulated trash bags who is not also a manufacturer of regulated trash bags. Must I provide information to other wholesalers regarding the trash bags I sell? Yes, you must provide information upon request to any wholesaler to whom you sell regulated trash bags and who must comply with these regulations. The information must enable the wholesaler to fulfill its certification requirements. (A) You must also inform manufacturers and wholesaler of regulated trash bags that the trash bags being purchased will be reported on a certification to the Board in compliance with these regulations. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42294, Public Resources Code. s 17980. Requirements for Suppliers of Recycled Plastic Postconsumer Material (RPPCM) for Use in Regulated Trash Bags. (a) I am a supplier of RPPCM who has sold material to a manufacturer of regulated trash bags who is required to comply with these regulations. What must I do to comply with these regulations? To comply with these regulations you must: Provide each regulated trash bag manufacturer with a statement identifying: (1) the quantity and proximate prior usage of RPPCM sold for use in the regulated trash bags sold to the manufacturer, (2) the actual postconsumer material (APCM) content of RPPCM sold for use in the regulated trash bags sold to the manufacturer, and (3) any other information required of the manufacturer by the Board for the purposes of inclusion in the annual certification to the Board. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42292 and 42293, Public Resources Code. s 17980.5. What If I Determine During A Reporting Period That I Cannot Meet The Recycled Plastic Postconsumer Material (RPPCM) Content Requirements? (a) I am a manufacturer of regulated trash bags. Will the Board provide me with any assistance if I determine, during a reporting period, that I may not or cannot meet the RPPCM content requirement? If at any time during a reporting period, you determine you may not meet the RPPCM content requirement, you must contact the Board within ten (10) calendar days of making the determination. The Board will supply you with information regarding additional suppliers of RPPCM. Following receipt of the information from the Board, you are required to make a good-faith effort to purchase RPPCM to meet the use requirement from each supplier on the Board-provided list. A good-faith effort must be made with each supplier on the Board's list, in addition to those suppliers you have done business with or are otherwise aware of prior to making the certification in Section 17981. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code. s 17981. Failure To Meet Recycled Plastic Postconsumer Material (RPPCM) Content Requirements. (a) I am a manufacturer of regulated trash bags. What must I do if I do not meet the regulatory requirements for any reporting period? If you are unable to obtain sufficient amounts of RPPCM within any reporting period because (1) it did not meet the RPPCM quality standards promulgated by the Board or (2) it was not available within a reasonable period of time, you must certify that fact to the Board. (b) Must I provide documentation if I am requesting an exemption due to the lack of availability or due to the low quality of RPPCM? Yes, required documentation to support as claim for a quality exemption may be found in Section 17982(f) and required documentation to support a claim for an availability exemption may be found in Section 17983(b). (c) Must records be kept to document a claim? Yes, records must be kept to assist you in documenting your certification. (See Section 17983.5 of this Article). Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292 and 42293, Public Resources Code. s 17982. Minimum Recycled Plastic Postconsumer Material (RPPCM) Quality Standards. (a) What are the Board's minimum recycled plastic postconsumer material quality standards for regulated trash bags? The following recycled postconsumer plastic material quality standards have been developed by the Board for regulated trash bags. The Board will make available the quality standards by December 31 of each year and they will apply for a maximum of two years. The test methods to be used by the Board to determine whether the standards are being met are included with each characteristic, whenever applicable. These minimum specifications are for the plastic RPPCM blended with a minimum of thirty percent (30%) APCM. (1) Moisture: 750 parts per million (ppm) maximum. Test Method: ASTM D-4019-88 or equivalent method. (2) Contamination: A specification mutually agreed upon by the trash bag manufacturer and supplier of RPPCM. Test Method: A test method mutually agreed upon by the trash bag manufacturer and supplier of RPPCM. (3) Pellet uniformity: The total number of pellets in a one gram sample must not vary more than ten percent (+/- 10%) from the average number for five samples. Test Method: A simple count. (4) Specific gravity: Resin must be within one percent (+/- 1%) of a specific gravity mutually agreed upon by the trash bag manufacturer and resin manufacturer. Test method: ASTM D-792-91, ASTM D-1505-90 or equivalent. (5) Melt Index: HDPE base resin - 0.25-0.85 LDPE base resin - 0.25-2.5 LLDPE base resin - 0.5-2.5, and the melt index must not vary by more than fifteen percent (+/- 15%) within a shipment, and it must be within thirty percent (+/- 30%) from shipment to shipment over the length of the contract. Test method: ASTM D-1238-88, or equivalent. The ASTM test methods D-4019-88: Standard Test Method for Moisture in Plastics By Coulometry, D-792-91: Standard Test Methods for Density and Specific Gravity (Relative Density) of Plastics By Displacement, D-1505-90: Standard Test methods for Density of Plastics by the Density-Gradient Technique, D-1238- 88: Standard Test methods for Flow Rates of Thermoplastics by Extrusion Plastometer are incorporated herein by reference. (b) Where can I find the ASTM test methods? You can find ASTM test methods in the annually updated book called Annual Book of ASTM Standards, (ASTM) Section 8, Volume 08.01, published by the American Society for Testing and Materials, 1919 Race Street, Philadelphia, PA 19103-1187, the noted sections of which are herein incorporated by reference. All ASTM tests must be performed with the most recently approved methods. The non-ASTM test methods have yet to be standardized or are self-evident. (c) What if a mutually agreeable specification cannot be reached between buyer and seller of the RPPCM? If a mutually agreed upon specification cannot be reached in good faith, the trash bag manufacturer must purchase and use RPPCM which meets any past or present specification for RPPCM that the manufacturer has previously used to purchase material. (d) What if an equivalent test method is mutually agreed upon between buyer and seller of RPPCM and the RPPCM for sale does not pass the test? As long as the equivalent test method was mutually agreed upon by buyer and seller, an exemption claim based upon the failure to purchase the material will be accepted and evaluated by Board staff. If, however, an equivalent lest method is not agreed upon, or problems arise with the test method after an agreement is reached, a trash bag manufacturer may not make a certification pursuant to Section 17981 based on the failure to purchase the material for which the test method was inadequate. (e) What if a trash bag manufacturer produces its own RPPCM? If a trash bag manufacturer produces enough RPPCM to meet the RPPCM use requirement, the manufacturer may not claim an exemption. If, however, the manufacturer can produce only a portion of the RPPCM it needs to comply with the requirements of this program, the manufacturer may file a request for a exemption if the failure to meet the use requirement was due to the quality or availability of the RPPCM offered for sale. (f) I wish to certify that I was not able to meet the regulatory requirements because the RPPCM available to me did not meet the Board's quality standards. What must I do to make this certification? For each shipment or sample of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, it is your responsibility to document your claim. Required documentation includes all of the following, but is not solely limited to these items: (1) The list of the suppliers of RPPCM with whom you had purchase discussions after you realized that you might not meet the regulatory requirements, (2) Any and all specifications and test methods which were mutually agreed upon between you and your RPPCM suppliers, (3) Independent test results, product specifications, a letter of certification, or other documentation from each supplier of RPPCM you rejected or refused to purchase on the basis that it did not meet the Board's minimum RPPCM quality standards, demonstrating that the material does not meet the quality standards, (4) Performance of ASTM tests, identified in Section 17982(a) of this Article, may be conducted by the Board to assist you in substantiating your claim. If testing is to be done, the Board shall inform you of proper shipping and handling procedures for samples based on the provisions of the particular test to be used, (5) A written explanation describing the circumstances leading to your decision to reject or refuse to purchase every sample or shipment of rejected or refused RPPCM, and, (6) A written explanation from the supplier of any sample or shipment of RPPCM describing the quality of the particular material which was rejected or refused by you. (g) Will the Board periodically review its RPPCM quality standards? Yes, the Board will review its RPPCM quality standards whenever the Board determines it is necessary. The standards will be reviewed at least once every two years until the year 2000. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code. s 17983. Availability Within a Reasonable Period of Time. (a) What is a reasonable period of time for shipment of RPPCM? The RPPCM shall be considered available within a reasonable period of time if the quoted shipment time will not prevent you from manufacturing the regulated trash bags with RPPCM or the shipment of RPPCM will arrive within sixty (60) days of the RPPCM order date. (b) I must certify that I was not able to meet the regulatory requirements because RPPCM was not available to me within a reasonable period of time. What records must I keep to document my certification? If you claim that you did not meet the regulatory requirements because RPPCM was not available within a reasonable period of time, it is your responsibility to document each claim. Required documentation for each claim includes, but is not limited to, all of the following: (1) Copies of your production schedule indicating the date the RPPCM was needed to maintain your production of regulated trash bags, (2) The quoted shipment times that you are claiming were unreasonable, order date, and quoted delivery date, (3) RPPCM storage inventory at the regulated trash bag manufacturing facility where the material was to be shipped indicating the material was not otherwise available, (4) The volume of RPPCM requested in the order, (5) A written explanation describing the circumstances contributing to your need to claim an exemption based on the availability of RPPCM, (6) A written explanation from the supplier of RPPCM describing the availability of the particular material at the time of your negotiations, and, (7) Additional facts to substantiate that the volume ordered and the timeframe for delivery that were requested were reasonable under normal business practices. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42291, 42295 and 42297, Public Resources Code. s 17983.5. Recordkeeping Requirements. (a) I am a manufacturer or wholesaler of regulated trash bags. What records must I keep to comply with these regulations? To comply with these regulations, you must keep: (1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you sold to a retailer, distributor, wholesaler, broker, commercial or industrial user, or governmental entity, (2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of regulated trash bags you purchased from a manufacturer or wholesaler of trash bags, (3) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you purchased or that you sold to another trash bag manufacturer which identifies the APCM contained in the RPPCM, (4) A copy or record of any documentation you are using to verify a claim for an exemption based upon your assertion that the RPPCM did not meet the quality standards or was not available within a reasonable period of time, (5) A copy of every annual Certification Form #57 or #58 sent to the Board, (6) A copy of every certification, or other legal document, required by other local, state, or federal government agencies to satisfy minimum recycled content mandates for trash bags or other plastic products, (7) A certification, or other legal document, with an authorized certification signature, as defined in Section 17976(b)(3) of this Article from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c), and the quantity purchased during the preceding calendar year. (8) A copy of each statement received from a supplier of RPPCM identifying the quantity and proximate prior usage of, and the actual postconsumer material content of each shipment of RPPCM purchased and any other information the Board requires for purposes of inclusion in the annual certification, and, (9) Any mutually agreed upon quality standard or delivery time for RPPCM. (b) I am a supplier of RPPCM. What records must I keep to comply with these regulations? To comply with these regulations, you must keep: (1) A copy or record of every shipment order, bill of lading, or other evidence of shipment of RPPCM you sold to a manufacturer of regulated trash bags, (2) A copy or record of every shipment order, bill of lading, or other evidence of shipment of postconsumer material obtained from a hauler, collector, other RPPCM supplier, or collection program. (3) A certification, or other legal document, signed by a person of authority, from each supplier of postconsumer material identifying the material as postconsumer material as defined by PRC section 41970(c). (4) A copy of every annual Certification Form #57 or #58 sent to the Board, or other report or certification sent to a manufacturer of regulated trash bags, and, (5) A copy of each statement required to accompany each type of RPPCM sold to a manufacturer of trash bags which identifies the quantity and proximate prior usage of, and the actual postconsumer material content of, each shipment of that RPPCM type and any other information the Board requires of suppliers for purposes of inclusion in the trash bag manufacturers annual certification. (c) How long must I keep these records? All records must be kept for three (3) years after the date of certification. The records must be made available to the Board upon request. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Sections 42290, 42291, 42292, 42293 and 42295, Public Resources Code. s 17984. Auditing. (a) Will the Board conduct audits related to my certifications? The Board may include audits related to your certifications. The Board may either request additional information, or the Board may conduct an on-site audit. Each manufacturer, wholesaler or supplier required to provide certification or any information pursuant to this chapter shall be subject to audit by the Board. (b) How will the Board request additional information? The Board will send you a request for additional information by certified mail. The Board will list the information it needs and explain the need for the information. You will have thirty (30) days from the date of receipt of the request to supply the information. (c) How will the Board conduct an on-site audit? If the Board decides to audit your records or facilities to determine compliance with the regulatory requirements, either Board staff or the Board's designee will conduct the audit. Note: Authority cited: Sections 40502 and 42297, Public Resources Code. Reference: Section 42295, Public Resources Code. s 17985. Penalties. (a) What may result if I provide the Board with a false or misleading certification? Any person who provides the Board with a false or misleading certification may be prosecuted for fraud by the Attorney General. (b) What may result if I do not comply with the regulatory requirements? The Board shall publish a list of those not in compliance with the requirements of this Article. Manufacturers and wholesalers of regulated trash bags and suppliers of RPPCM who do not comply with these statutes or regulations may be referred to the Attorney General for prosecution. Note: Authority cited: Sections 40502, 41955 and 42297, Public Resources Code. Reference: Section 42296 and 42297, Public Resources Code. s 17990. Scope. (a) These regulations implement the Farm and Ranch Solid Waste Cleanup and Abatement Grant Program, a grant program for local agencies for purposes of cleaning up and abating the effects of solid waste that is illegally disposed of on farm or ranch property. Regulations contained herein are promulgated pursuant to Public Resources Code (PRC) Chapter 2.5 of Part 7 of Division 30. (b) Notwithstanding any other provision, the grant program shall be funded from the following funds: (1) The Integrated Waste Management Fund; (2) The California Tire Recycling Management Fund; (3) The California Used Oil Recycling Fund. (c) The Board shall be authorized to expend the money in the Farm and Ranch Solid Waste Cleanup and Abatement Account for the grant program upon appropriation by the Legislature in the annual Budget Act. (d) Each year, as part of the annual report required to be submitted pursuant to Section 40507, the Board shall report to the Governor and the Legislature on the actions it has taken under the grant program and the number of illegal sites that have been cleaned up and abated pursuant to the grant program. Note:Authority cited: Sections 48100, 48103 and 48104, Public Resources Code. Reference: Section 48100, Public Resources Code. s 17991. Definitions. For the purposes of this Chapter: (a) "Agreement" means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant. (b) "Applicant" means a local agency, resource conservation district, or Native American tribe applying for a grant for cleanup and/or abatement administered by the California Integrated Waste Management Board. (c) "Board" means the California Integrated Waste Management Board. (d) "Farm and/or Ranch property" means a piece of property, publicly or privately owned, that is used for rangeland or agricultural activities such as, but not limited to commercial livestock and crop production, horticulture, aquaculture, silviculture, floriculture, vermiculture and viticulture. Farm or ranch property need not have active sales or production but shall be appropriately zoned or otherwise authorized for agricultural activities. Farm or ranch property includes appurtenant easements or right-of-ways such as, but not limited to, public roads and utilities. (e) "Grant recipient or grantee" means an applicant whose grant application has been awarded and who has executed a grant agreement pursuant to Public Resources Code section 48101(c). (f) "Illegal disposal site" means: (1) A disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site as defined section 20164 of Title 27, Division 2 of California Code of Regulations on which cleanup may be required to abate a nuisance or protect public health and safety and/or the environment. (g) "Local agency" means the enforcement agency, or other municipal department, that is designated to implement this Chapter by a county or city or a joint powers authority consisting of cities and counties and formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code. (h) "Native American tribe" has the same meaning as tribe, as defined in subdivision (b) Section 44201 of the Public Resources Code. (i) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. (j) "Resource conservation district" is a "special district" of the state of California, set up under PRC, Division 9, which is a locally governed agency with it's own locally appointed, independnet board of directors. (k) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment. (l) "Responsible party" includes any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity whatsoever who by contract, agreement or otherwise arranged for the transportation to and/or disposal of solid waste at the illegal disposal site; The term "responsible party", as defined above, may only be construed within the context of this Chapter and Public Resources Code sections 48100 et seq. and shall not be interpreted under any other local, state, or federal statute. (m) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100, 48102 and 48106, Public Resources Code. s 17992.1. Purpose. The Board may award grants directly from the account to local agencies. Grants shall be used to assist the Board in complying with Public Resources Code section 48100 et seq. Note:Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Sections 48100 and 48101(a), Public Resources Code. s 17992.2. Funding Eligibility. (a) Grant funds may be used only for remedial actions at illegal disposal sites or to reimburse qualifying property owners for eligible costs incurred by remedial actions to their property. (b) Grant funds may be used only for those eligible remedial actions pursuant to section 17992.4. Note: Authority cited: Sections 48100, 48101(b) and 48103, Public Resources Code. Reference: Section 48101(b), Public Resources Code. s 17992.3. Site Eligibility. (a) Candidate sites may be eligible for funding only if: (1) The site is an illegal disposal site as defined in section 17991; and (2) The site is on a farm and/or ranch property as defined in section 17991; and (3) The responsible party either cannot be identified, located, or pay for timely and proper remediation; and (4) Remedial action is required to protect public health and safety and/or the environment, or to abate a nuisance; and (5) Neither the applicant nor the private property owner was responsible for the illegal disposal of solid waste on the farm or ranch property. Note: Authority cited: Sections 48100, 48102 and 48106, Public Resources Code. Reference: Sections 48102 and 48106, Public Resources Code. s 17992.4. Eligible and Ineligible Remedial Actions. (a) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal and related actions; drainage controls; grading; slope and foundation stabilization; excavation, revegetation, recycling, and site security. Public education to prevent reoccurrence of the illegal disposal is eligible for funding only if included with any of the above eligible remedial actions. (b) Ineligible remedial actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, cleanup or otherwise handling of hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)]. Note:Authority cited: Sections 40502, 48025, 48100 and 48103, Public Resources Code. Reference: Sections 40502 and 48025, Public Resources Code. s 17993.1. Grant Application Filing Period. Application packages for grant funding shall be accepted on a continual basis and will be reviewed, scored and ranked quarterly. Application packages received by the Board on or before January 1, April 1, July 1, and October 2 will be considered for award in the quarter commencing on that date. Note:Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code. s 17993.2. Grant Amounts. (a) The Board shall not fund more than two hundred thousand dollars ($200,000) per fiscal year for any applicant. If a grant is awarded to a joint powers authority, the joint powers authority and all the cities and counties it represents are limited to a maximum of two hundred thousand dollars ($200,000) per fiscal year. No single cleanup or abatement project shall exceed fifty thousand dollars ($50,000). (b) The Board shall not fund administrative costs of grantees, which exceed seven (7) percent of the grant. (c) The Board or the Department of Finance may audit the recipient's records and/or any contractor or subcontractor regarding moneys received pursuant to this Article. Note: Authority cited: Sections 48100, 48101(a) and 48103, Public Resources Code. Reference: Section 48101(a), Public Resources Code. s 17993.3. Contents of the Grant Application Package. (a) A complete application package for cleanup and abatement work shall include, but is not limited to, all of the following elements: (1) A Farm and Ranch Solid Waste Cleanup and Abatement Grant Application Cover Sheet, provided by the CIWMB, (CIWMB 634) 02/03, See Appendix A; (2) A copy of an adopted resolution from the applicant's governing body, authorizing the submittal of the application and identifying the title of the individual authorized to execute any agreements, contracts and requests for payment to carry out the project; (3) A description of the following: (a) the need and overall objective of the project(s), (b) innovative programs within the jurisdiction to discourage illegal dumping, (c) any other funds available to cleanup the site(s), (d) any funds used in the past to remediate problems at the site(s), (e) the proposed method to evaluate the success of the project, and (f) previous experience remediating similar sites; (4) Site Characterization Form (CIWMB 635) (02/03), (See Appendix A) for each site proposed for remediation activities; (5) A vicinity map showing the location of each site; (6) The existing zoning description and designation for the parcel of each site proposed to cleanup; (7) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate; (8) A statement that a responsible party cannot be identified, or located, or can pay for timely and proper remediation. (9) A Work Plan describing the proposed tasks needed to remediate each site, including recycling activities, and an implementation schedule for the proposed tasks; and (10) A cost estimate for each site which provides a task description, staffing information, duration of each task, a per-hour-cost of each task as well as a total cost for the project. (b) A complete application package to reimburse costs previously incurred by a farm or ranch property owner shall include all elements in subsection (a), except for 17993.3(a)(3), 17993(a)(9), and 17993(a)(10). In addition, the following elements shall be included in the application for reimbursement: (1) A description of the following: (a) the initial need and overall objective of the project(s) at the time it was remediated, (b) innovative programs within the jurisdiction to discourage illegal dumping, (c) any other funds available to reimburse costs previously incurred to cleanup the site(s), (d) any funds used in the past to remediate problems at the site(s), (e) the success of the project; and (2) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, disposal, recycling, and photographs of the project; and (3) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code. s 17993.4. Review of Grant Applications. (a) Board staff shall review each grant application package to verify that it is complete pursuant to section 17993.3 and meets the eligibility requirements pursuant to Article 3 of this Chapter. (b) If the application package is complete and indicates eligibility it will be reviewed and evaluated by the Board based on criteria set forth in sections 17993.5. (c) The Board shall notify the applicant within twenty days (20) of receipt if the application package is determined to be incomplete. The Board may request additional information related to the grant application required by section 17993.3. The applicant will have a minimum of ten (10) working days, or an additional time period specified by the Board in writing, to submit the requested information to the Board. If the specified timeframe is not met, the application will be disqualified from consideration for a grant during the current grant cycle. (d) The Board shall notify the applicant within fifteen days (15) from the date that the application is deemed complete if the application package does not meet the eligibility requirements. Written notice of the reason for ineligibility will be sent to the applicant. Note:Authority cited: Sections 48100, 48101 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code. s 17993.5. Grant Criteria. The criteria listed below will be used to evaluate each complete application. (a) Demonstrated the need for the project. (b) Measurable goals and objectives in the Work Plan. (c) Descriptions by task of the activities to be undertaken to achieve the objectives. (d) Description of a method to evaluate the success of the project and determine whether objectives were accomplished. (e) Demonstration that the project is cost effective. Preference will be given to applicants who use cost savings, such as, use of volunteer labor, in-kind services, and recycling options. (f) Detail that expenses are reasonable with all program elements are itemized in the budget. (g) Present complete and clear proposal setting forth deadlines and evidence that applicant or its contractor have sufficient staff resources, technical expertise, and experience managing grant programs. (h) The quality, cost-effectiveness and innovation of the applicant's programs designed to discourage illegal waste disposal and to encourage the proper waste disposal in permitted solid waste disposal facilities. (i) The level of health and safety threats or environmental concerns and public nuisance described in the application. (j) The environmental soundness and practicality of the proposal. (k) The maximization of available funds. (l) The applicant's ability to adequately remediate the site with available funds. (m) The availability of other funds to cleanup the site. (n) Evidence of a green procurement policy, requiring applicants to use recycled content products, recycled or reusable products, or engage in other waste reduction activities where appropriate and feasible. Note: Authority cited: Sections 48100, 48102 and 48103, Public Resources Code. Reference: Section 48103, Public Resources Code. s 17993.6. Local Agency Grant Agreement for Cleanup. (a) If the Board approves the grant award, the grant recipient and the Board shall enter into a written grant agreement which contains a description of the project(s) as approved, and which identifies and ensures compliance with this chapter and which incorporates all standard terms and conditions required of state agency agreements. (b) Payment for work performed by the grantee will be made only after the following conditions have been met and approved by the Board: (1) completion of the site remedial action as proposed, and (2) submission of a report on the types and quantities of waste disposed and recycled, and the costs associated with disposal, recycling, equipment and labor. (c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes to grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s). (d) Upon determination by the Board that the recipient has failed to comply with the terms of grant agreement the Board may terminate the grant in whole, or in part, at any time prior to the date of completion. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five (5) working days of the determination. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code. s 17993.7. Grant Agreement for Reimbursements. A grant agreement for reimbursement to a property owner shall include all elements of 17993.6 except for (b) and (c). In addition, the following shall be included: (a) Payment shall be made only after the site has been fully remediated (b) The grantee shall disperse the funds, within sixty days (60) of receipt, to the property owner. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48101, Public Resources Code. s 17994.1. Request Process for Cleanup. (a) A farm or ranch property owner may initiate the process for a grant application by submission of the following information to the applicant for consideration: (1) A letter requesting that the applicant apply for a grant under this Chapter on the farmer's or rancher's behalf. The letter shall include the name, mailing address and phone number of the property owner and the approximate type and quantity of waste disposed on the property; and (2) A vicinity map showing the location of each site and access points to the parcel of each site being requested for cleanup or reimbursement under the grant. (3) A signed and notarized affidavit or letter from the property owner stating that they were not responsible for the illegal dumping or degradation of the environment which the grant is proposing to remediate. (b) The applicant has forty-five (45) days, from receipt of the grant application request, to review the request, conduct a site visit and provide a written determination that the owner is or is not eligible for funds under the Farm and Ranch Solid Waste Cleanup and Abatement Grant program. (c) If the applicant determines that the property owner is not eligible for a grant, it shall provide the property owner with the reasons. The reasons shall be provided within forty-five (45) days of the receipt of the application request. (d) Once the applicant determines the property owner's application request is complete, it shall submit a grant application to the Board within sixty (60) days. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code. s 17994.2. Request Process for Reimbursement of Prior Cleanups. A farm or ranch property owner may initiate the process for a grant application for reimbursement of prior cleanups. If the owner requests reimbursement, the owner shall apply pursuant to 17994.1 and include the following information: (1) A description of the tasks taken to remediate the site, including the total amount of material removed, types and quantities of waste disposed and recycled, and photographs of the project; and (2) The cost and receipts associated with each task in remediating the site, including costs associated with disposal, recycling, equipment and labor. Note:Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Sections 48100 and 48103, Public Resources Code. s 17994.3. Property Owner Appeal Rights. (a) If the applicant determines that the property owner is responsible for the illegal waste disposal, the property owner may appeal the decision to the governing body with jurisdiction over the applicant. (b) The property owner shall submit an appeal to the governing body within fifteen (15) days of receipt of determination of responsibility. (c) The appeal shall describe the factual basis for the appeal and shall include all relevant documentation. (d) The governing body shall determine whether or not to overturn the applicant decision within forty-five (45) days of receipt. Note: Authority cited: Sections 48100 and 48103, Public Resources Code. Reference: Section 48100, Public Resources Code. s 18010. Scope. (a) This chapter is adopted pursuant to and for the purpose of implementing the California Integrated Solid Waste Management Act of 1989 (ACT) commencing with Section 40000 of the Public Resources Code (PRC), as it may be amended from time to time. These regulations should be read together with the Act. (b) This Chapter implements those provisions of the Act relating to solid waste facilities and disposal sites, and application of minimum standards for solid waste handling and disposal (Chapter 3 of this Division, and 27 CCR Division 2, Subdivision 1 (s20005 et seq.)) to such facilities. Nothing in this chapter is intended to limit the authority of the enforcement agency or the board to enforce the minimum standards as they apply to collection, storage, and removal of solid wastes pursuant to the provisions of Sections 43209 and 43300 of the Public Resources Code (PRC). Nothing in this Chapter is intended to limit the authority of the state or local health agencies. Note: Authority cited for Chapter 5 (Sections 18010-18354, not consecutive): Sections 40502, 43020, 43200 and 43214, Public Resources Code (PRC). Reference: Sections 43200-45601, Public Resources Code. s 18011. Definitions. (a) Unless the context otherwise requires, the following definitions shall govern construction of this Chapter: (1) "Abandoned site" means a site where there is no responsible party as determined by the local enforcement agency and the board. (2) "Act" means the California Integrated Solid Waste Management Act of 1989. (3) "Applicant" means the proposed operator of a facility. (4) "Certified" means submitted and stated under oath, affirmation, or penalty of perjury. (5) "Certification" means certification by the Board of an enforcement agency pursuant to Section 43200 of the Public Resources Code and Articles 2.1, and 2.2 of this Chapter. (6) "Closed site" means a solid waste disposal site that has ceased accepting waste and has documentation that closure was conducted in accordance with applicable statutes, regulations, and local ordinances in effect at the time. (7) "Decertification" means an action by the California Integrated Waste Management Board which withdraws, partially or fully, prior certification(s) issued to the enforcement agency. This action modifies the enforcement agency's authority within its jurisdiction. (8) "Enactment" means a federal, state, regional, or local statute, ordinance, regulation, permit, or similar provision having the force of law. (9) " Enforcement action" means an action of the enforcement agency or the board, taken pursuant to the act or this chapter, including, but not limited to issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order; to institute a proceeding to modify, suspend, or revoke a permit; to institute a judicial proceeding to obtain an injunction; or to institute a judicial action to obtain civil penalties. (10) "Evaluation workplan" means a type of corrective action specified by the Board. The action requires the LEA to develop a schedule to address jurisdictional compliance issues identified during the LEA evaluation process. The evaluation workplan is subject to Board approval. (11) "Facility" means a solid waste facility as defined in Public Resources Code Section 40194 or disposal site as defined in Public Resources Code Section 40122. (12) "Facility operator" means the operating unit, and other person(s) who through a lease, franchise agreement or other arrangement with the owner of the property is granted the approval to operate a solid waste facility, disposal site, transfer or processing station, composting station, or solid waste handling system, or the owner of the property. (13) "Illegal site" means a solid waste disposal site that is not permitted and not exempt from obtaining a permit and is not a closed site. (14) "Inactive site" means a site that is temporarily idle, for a specific period due to known circumstance and not part of the normal operation pattern contained in the solid waste facilities permit. (15) "Local Agency" means a local public agency or department of a county or a city, a joint powers jurisdiction, or a special district. (16) "Local Enforcement Agency" (LEA) means an enforcement agency with board certification(s) totally separate from the operating unit(s) of the local governing body. An LEA is a comprehensive solid waste enforcement agency which performs permitting, inspection, and enforcement duties for solid waste handling, and permitted, closed, abandoned, exempt, illegal, and inactive facilities. An LEA is solely responsible for carrying out solid waste enforcement in its jurisdiction as defined in 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (s20005 et seq.) and Division 30 of the Public Resources Code. Upon certification(s) the LEA shall have full power to execute the Act and the regulations adopted hereto. (17) "Operating unit" means a local agency within the jurisdiction of the designating local governing body that operates, causes to operate, or administers contracts or agreements for any portion of a facility or solid waste handling and disposal system. (18) "Operation" means those activities governed by the EA notification tier requirements set forth in sections 18103-18103.3. (19) "Owner of the property" means the person or persons owning the fee interest in the property and the person or persons owning any leasehold interest in the property. (20) "Permit" means a solid waste facilities permit. (21) "Property" means the real property on which a facility or disposal site, any part thereof, or any support structure exists or is proposed to exist, including any portion of such real property that is not occupied by the facility or any support structure but that is contained within the legal description of the land on which the facility is located as that description is set forth in the most recently recorded deed. (22) "Regional LEA" means an enforcement agency certified by the Board pursuant to Article 2.1 of this Chapter, with permitting, inspection and enforcement duties within multiple counties. (23) "Violation" means a lack of compliance with a particular standard, permit term or condition, or other applicable solid waste law or regulation. A violation may be indicated by the checking of a box in the violation column of an inspection report or by other written documentation. The documentation shall indicate the specific standard, permit term or condition, or other solid waste law or regulation not in compliance. Note: Authority cited: Sections 40502, 43020, 43200, 43214 and 43231, Public Resources Code. Reference: Sections 43200-45042, Public Resources Code. s 18012. Mailing and Delivery. Except as otherwise provided in this chapter, any requirement of this chapter that a document be transmitted, delivered, provided, or sent to any person shall be satisfied in one of the following ways: by personal delivery to the person, by personal delivery to an address the person has given, or by first class United States mail, postage prepaid, to an address the person has given. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. s 18013. Mailing Documents to the Board. s 18020. Maintenance of Files. (a) Every enforcement agency shall maintain a file on each disposal site and facility within its jurisdiction. These files shall include all solid waste facilities that have been granted a permit or that are or have been the subject of an application for a permit. The file on each facility or site shall contain all applications, permits, notices, orders, reports, correspondence, and other documents pertaining to the facility or site, which have been initiated or received by the enforcement agency. However, the enforcement agency, pursuant to Section 44102 of the Public Resources Code, shall separately maintain all papers relating to the facility or site for which a request for confidential treatment has been made, and such papers shall be suitably protected until such time as it has been determined that confidential treatment is not required. (b) The file for each facility or site shall bear a number which is determined and assigned by the board. (c) Each enforcement agency shall maintain a current list of all files it maintains. The list shall be available for public inspection upon request. (d) All files and their contents shall be retained by the enforcement agency for as long as a facility or disposal site physically exists, and until written discard approval is given by the board. (e) Upon certification each LEA shall maintain a separate and current chronological log of the legal and enforcement actions, taken pursuant to 14 CCR Division 7, 27 CCR Division 2, Subdivision 1 (s20005 et seq.) and Parts 4 and 5 of Division 30 of the Public Resources Code. This log shall be retained by the LEA as a file, and shall include at a minimum the following information: facility or site name, address, facility number, the action type, the date issued, and the outcome of the action(s). Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 40062, 43200, 43209, 45000, 45200, 45201, 45300 and 45301, Public Resources Code. s 18050. Scope. This Article sets forth the requirements for the designation of a local agency as an enforcement agency, and the establishment of hearing panels pursuant to the California Integrated Solid Waste Management Act of 1989. A local governing body of a city, county, or a joint powers body may designate a single local agency to be its enforcement agency pursuant to Section 18051 of this Article. Upon board approval of the designation and certification(s) of the local agency pursuant to Articles 2.0, 2.1, and 2.2 of this Chapter, the designated local agency shall become the local enforcement agency (LEA) in the designated jurisdiction. A local governing body may enter into a contract or joint powers agreement with another LEA for permitting, inspection, and enforcement duties within its territorial jurisdiction. This action is subject to board approval of the designation and certification of the contract LEA or the joint powers LEA. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. s 18051. Designation of a Local Agency. Each local governing body that wishes to designate a local agency shall so notify the board. The notice of designation, by the local governing body of a local agency, shall be part of a designation information package (DIP) which includes the following information: (a) A completed form CIWMB 1000 "Notice of Designation of Local Agency" (1994), which is incorporated herein by reference (See Appendix A.); (b) A cover letter requesting approval of the designation by the board; (c) Copies of all resolutions and other official documents necessary to establish the manner in which Article 1 of Chapter 2 (commencing with Section 43200) and Chapter 4 (commencing with 44308) of the Public Resources Code and Section 18060 of this Chapter have been satisfied; (d) An organizational chart documenting the separation of the designated agency from public agencies or departments that are the operating units under the local governing body; (e) An organizational chart documenting the organization of the designated agency; (f) An identification of each required hearing panel pursuant to Section 18060 and 18081(d)(2) of this Chapter; (g) A tabulation of city resolutions including the listing of all city names, their populations, and the percent of cities and populations approving the designation for the jurisdiction; (h) An enumeration of every solid waste facility and disposal site in the jurisdiction including permitted, closed, abandoned, exempt, illegal, and inactive facilities. The enumeration shall include the site address or location, the owner(s) and operator(s) name(s), address(es), and site/emergency telephone numbers, and shall state whether the site or facility lies within the unincorporated area of the jurisdiction, or within an incorporated city and the city name; and (i) An enumeration of every solid waste handling and collection operator in the jurisdiction. The enumeration shall include the requirements of 14 CCR 17332. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203 through 43207, Public Resources Code. s 18052. Redesignation of Existing LEAs. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 43203-43207, Public Resources Code. s 18053. Distribution of Notice of Designation. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 66796.21, Government Code. s 18054. Review of Designation. (a) Upon receipt of the designation information package (DIP), pursuant to Section 18051, the board staff shall, within 45 days, review the designation and notify the local agency and the designating local governing body in writing whether or not the proposed DIP is complete and accepted by the board staff. Should the DIP be incomplete, the local governing body and/or its designated local agency shall provide to the board the specific missing information thereby starting a new 45 day review period from the date of resubmittal. (b) The board shall use the following criteria when reviewing designations: (1) the designated agency shall demonstrate capability and experience in the enforcement of public health and environmental regulations; (2) the designation and certification must be consistent with the enforcement scheme contemplated in the Countywide Integrated Waste Management Plan upon its adoption and the LEA's Enforcement Program Plan (EPP); and (3) The designated local agency shall fully comply with certification requirements pursuant to Article 2.1 of this chapter. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43203 and 43204, Public Resources Code. s 18055. Effective Date of Designation. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43219, Public Resources Code. s 18056. Local Governing Body Withdrawal of LEA Designation. (a) A designation of an LEA may be withdrawn by the local governing bodies that originally made the designation. Notice of the withdrawal shall be given to the board a minimum of 90 days in advance of the desired effective date of the withdrawal. This shall be done by a local governing body resolution or other official document in the same manner the designation was made. The notice of withdrawal shall specify whether a new local agency is to be designated, or whether the local governing body intends to have the Board become the new enforcement agency. If the notice of withdrawal provides that a new local agency is to be designated, then the withdrawal of designation shall be expressly conditioned on board approval of the new designation. If the notice of withdrawal states that it is the local governing body's intention for the board to become the new enforcement agency, then the withdrawal of designation should not become effective until the Board notifies the local governing body that it is prepared to assume responsibility as the enforcement agency. The Board shall provide such notification on or before: (1) the end of the current fiscal year; or (2) 90 days after the notice of withdrawal is given to the Board, whichever is later. The Board shall then become the enforcement agency. (b) All enforcement actions, pending violations, orders of corrections, request for technical reports, or other enforcement agency efforts to achieve compliance with state requirements (including LEA enforcement actions and state minimum standards and permits) which were in effect under the departing LEA shall remain in effect under the jurisdiction of the new enforcement agency. (c) Notice of designation of a new local agency shall be made in the manner specified in Section 18051. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43203, 43206 and 43216, Public Resources Code. s 18060. Appointment of Hearing Panel(s). (a) Before the board can approve a designation, the designated local agency's local governing body shall appoint a hearing panel. The hearing panel shall be composed of either members of the local governing body or an independent hearing panel pursuant to Section 18081(d)(2). There shall be an independent hearing panel when in the jurisdiction of the enforcement agency there exists a publicly owned or operated solid waste facility or disposal site. (b) Notice of the appointment of a hearing panel(s) shall be given the board and shall include the following: (1) The name of each member and her or his position in the local governing body. If an independent hearing panel is appointed pursuant to Section 44308 of the Public Resources Code, an indication of which person is the technical expert in solid waste management, which person is the member of the local governing body, and which person is the representative of the public at large; (2) the address to which filings and correspondence shall be mailed; (3) indication whether each hearing panel was appointed pursuant to Section 44308(a)(1) or (a)(2) of the Public Resources Code; and (4) the date, terms and conditions of the appointment. (c) Notices of appointments to vacant positions on the hearing panel shall be given in the same manner. (d) When the board serves as the enforcement agency, hearing panels shall be as set forth in Public Resources Code Section 44309. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200 and 44308, Public Resources Code. s 18070. Scope. (a) This article sets forth the LEA certification types, the requirements for certification and certification maintenance including, but not limited to: technical expertise, adequacy of staff resources, adequacy of budget resources, training, and the LEA's Enforcement Program Plan (EPP), which the designated local agency shall develop, submit for board approval, and adopt pursuant to Public Resources Code Section 43209(e) and Section 18077 of this Chapter, and the periodic review of the LEA certification(s) pursuant to Article 2.2 of this Chapter. (b) After certification(s) is issued and upon board approval, the designated local agency shall become the sole LEA in its jurisdiction, and shall maintain and comply with its board approved EPP to exercise its statutory power and authority pursuant to Division 30 of the Public Resources Code, 14 CCR Division 7, and 27 CCR Division 2, Subdivision 1 (s20005 et seq.). The LEA shall enforce the state and local minimum standards for solid waste collection, handling, storage, and disposal for the protection of the air, water, and land from pollution and nuisance, and for the protection of the public health and safety, and the environment. This Article also addresses board directories of hearing panels and enforcement agencies. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-45601, Public Resources Code. s 18071. Types of Certification. (a) The Board may approve a designated local agency and issue certification(s) to the local agency in one or more of the following types of certifications: (1) Type "A": permitting, inspection, and enforcement of regulations at solid waste disposal sites; (2) Type "B": permitting, inspection, and enforcement of regulations at solid waste transformation facilities; (3) Type "C": permitting, inspection, and enforcement of regulations at transfer and processing stations, materials recovery facilities, and composting facilities; and (4) Type "D": inspection and enforcement of litter, odor, and nuisance regulations at solid waste landfills. (b) In jurisdictions where LEAs lack a certification to permit a new type of facility, the permit application, for that type of facility, shall be filed by the applicant with the board. The LEA shall, within 120 days of the permit application, obtain certification for this facility type, or the board shall review the performance of the LEA pursuant to Section 18051 and Article 2.2 of this Chapter and compliance with Public Resources Code Section 43201. (c) An LEA lacking a specific certification type pursuant to 18071(a) may submit a new complete EPP for board review and request issuance of an additional certification to perform permitting, inspection, and enforcement duties in another jurisdiction, or inspection and enforcement duties in its jurisdiction, both pursuant to Article 2.1 of this Chapter, and subsequent to board approval. (d) When in the LEA's jurisdiction only one permitted solid waste disposal facility exists and its permit is surrendered, the LEA shall retain its type "A" certification, unless the LEA certification is withdrawn by the board. (1) For LEAs to be issued type "D" certification they shall be required to have type "A" certification. (e) A designated local agency shall demonstrate that it meets the certification requirements for each certification type requested. The LEA shall maintain compliance with the requirements of this Chapter. (f) Sections 18071 through 18075 of this Article set forth the LEA certification requirements pursuant to Public Resources Code Section 43200. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. s 18072. Technical Expertise. (a) Performance of permitting, inspection, and enforcement duties and responsibilities of comprehensive solid waste enforcement issues shall reside solely within an LEA. The LEA shall have one or more full time staff members dedicated solely for solid waste issues. For all certification types the dedicated staff shall be composed of at least one registered environmental health specialist (REHS), pursuant to Sections 514 through 534 of the Health and Safety Code. Additional staff for permitting, inspection, and enforcement duties may be a REHS(s), or person(s) meeting the requirements of Sections 106635 of the Health and Safety Code, as certified by the LEA program director or manager. (1) The REHS shall have experience and training in solid waste enforcement. This experience and training shall be current and subsequent to the enactment of the California Integrated Waste Management Act of 1989 commencing with Section 40000 of the PRC. (2) The REHS experience and training shall include the following: (A) permitting and closure/postclosure duties as described in 14 CCR 18082; (B) inspection duties as described in 14 CCR 18083; and (C) enforcement duties as described in 14 CCR 18084. (3)(A) For type "A" certification, pursuant to 14 CCR 18071(a)(1), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 27 CCR Division 2, Subdivision 1 (s20005 et seq.), beyond the technical abilities of the LEA's staff, shall be performed by public and private entities as specified in the LEA's EPP, whose staff meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer." (B) The LEA review in subsection (a)(3)(A) may be contracted for by the LEA or the LEA may use appropriate CIWMB staff to perform those duties. (4) For type "B" and "C" certifications, pursuant to 14 CCR 18071(a)(2 and 3), LEA review of documents or reports generated pursuant to engineering requirements of Public Resources Code Division 30 and 14 CCR Division 7, may be performed by public and private entities, as specified in the LEA's EPP, under contract to the LEA, which meet the following definitions contained in 27 CCR 20164: "Certified Engineering Geologists," "Registered Civil Engineer," and "Soil Engineer." (b) Counties or cities may have contracts or joint powers agreements pursuant to Government Code, section 6500 et. seq. or as authorized by law, with another county, city, or a joint powers jurisdiction LEA to provide permitting, inspection, and enforcement duties and responsibilities in the designated jurisdiction of the local governing body(s), with approval of the board. The above contracts or joint powers agreements shall preclude conflict of interest between the cities or counties, their designated LEA, or the LEA's consultants and facility operators in the jurisdiction. The following consulted professionals defined in 27 CCR 20164 shall not be facility operators or consultants for solid waste facilities or disposal sites within the LEA's jurisdiction unless approved by the board: "Certified Engineering Geologists," "Professional Land Surveyor," "Registered Civil Engineer," "Registered Geologist," and "Soil Engineer." (c) Any opinion, report, analysis, or other deliverable provided to an LEA through contract or joint powers agreement shall be endorsed, affirmed or denied by the contracting LEA. (d) Notwithstanding subsection (a), designated local agencies for jurisdictions having a population of less than 50,000 persons and existing LEAs whose jurisdictional population grows beyond 50,000 persons, but does not exceed 80,000 persons, may alternately implement the following staffing provisions to demonstrate their technical expertise and adequacy of staff resources. (1) staffing shall be determined and submitted for board approval pursuant to 14 CCR 18073; and (2) permitting, inspection, and enforcement duties, for a designated local agency having demonstrated its adequacy of staff resources with one or less full time staff member, shall be performed by one individual REHS. (e) Designated local agencies, which elect subsection (d) to fulfill staffing requirements, shall be issued temporary certification(s) by the board. (1) This temporary certification(s) shall expire upon conclusion of the LEA performance evaluation by the board. (2) The LEA shall be issued full certification(s) by the board when the evaluation confirms LEA compliance with Article 2.2 of this Chapter. (f) LEAs with one or less staff members shall, upon the loss of staff, provide staff resources meeting the requirements of this section within 90 days, or the board shall become the enforcement agency within the LEA's jurisdiction until another local designated agency is approved and issued certification(s) by the board. (g) The LEA shall resume temporary certification(s) status when staff is replaced pursuant to subsection (f) until the requirements of subsection (e)(1) and (2) are met. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. s 18073. Adequacy of Staff Resources. (a) The LEA shall demonstrate the adequacy of its staff resources by submitting documentation of the following analyses: (1) the number and type of operating and non-operating solid waste facilities, disposal sites, and collection and handling equipment; (2) the number of annual compliance and projected complaint inspections based on the previous year's records and anticipated additions or deletions; (3) the time allocation requirements of local agency staff for: (A) inspections, travel, research, analysis of findings, and documentation; (B) enforcement activities including warnings, notices, meetings, hearings, legal proceedings, and documentation; (C) permit activities including reviews, modifications and revisions, and closure or postclosure activities, including applications and plan reviews, site evaluations and investigations, and documentation; (D) corrective actions including: review and approval of site investigations, assessments, characterizations, remediation alternatives, and corrective measures; (E) training including field, meetings, seminars, workshops, courses, and literature reviews; (F) management including day to day operation scheduling, and supervision; and (G) support staff both technical and non-technical. (4) The staff resources shall be computed based on a Full Time Equivalence (FTE) not to exceed 230 eight hour work days per year per person. The FTE baseline hours shall be identified in the EPP. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. s 18074. Adequacy of Budget Resources. (a) The LEA shall maintain a budget accounting process capable of identifying expenditures and revenues which are adequate to fulfill their LEA duties and responsibilities pursuant to its board approved EPP, this chapter, and Part 4 and 5 of Division 30 of the Public Resources Code. Additionally, LEAs shall, at the beginning of each fiscal year upon adoption by the local governing body, submit to the board supporting information demonstrating budget adequacy. (1) The LEA shall use methods that demonstrate adequate budget resources for implementing the provisions of this Article. The LEA shall account for all anticipated expenditures, including but not limited to the following: (A) staffing pursuant to 14 CCR 18073; (B) monitoring and testing materials and equipment; (C) health and safety protection equipment and materials for staff; (D) travel and per diem for training seminars, conferences, etc.; (E) enforcement actions including staff time and independent legal counsel costs to preclude conflict of interest and lack of timely initiation of legal actions pursuant to 14 CCR 18051(b)(6) and 14 CCR 18084; (F) consultant and technical support; (G) transportation; and (H) agency overhead. (2) LEAs shall identify their revenue by sources and amounts. Sources may include, but are not limited to: (A) Funds from LEA Grant(s) Account; (B) Permitting Fee(s); (C) Inspection or Service Fee(s); (D) Post Closure Fee(s); (E) Tipping and Tonnage Fee(s); (F) 5 Year Permit Review Fee(s); (G) General Fund; and (H) Other (specify). Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. s 18075. Training Requirements. (a) LEA personnel shall be trained in solid waste enforcement. The LEA's training program shall be coordinated with the board as well as other state and local agencies, be part of the LEA's Enforcement Program Plan pursuant to 14 CCR 18077, and provide specific training in the following areas: (1) permitting, inspection, and enforcement duties and responsibilities pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7 and 27 CCR Division 2, Subdivision 1 (s20005 et seq.), and local ordinances and resolutions relating to solid waste collection, handling, processing, storage, and disposal; (2) inspection techniques and scheduling; (3) preparation for hearing panel and court proceedings; (4) administration practices within a solid waste enforcement program; (5) monitoring equipment, data evaluation, and interpretation of the results as related to solid waste enforcement; (6) attendance of board approved seminars and workshops; (7) field staff health and safety training in the categories of: planning of field inspections, safety equipment, on-site procedures, decontamination and hazard recognition, and avoidance; and (8) for type "A" certification, specific training in performance standards pursuant to 27 CCR 20695, when applicable. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43204 and 43209, Public Resources Code. s 18076. Request for and Review of Certification. (a) Within 45 days of receipt of a request for certification(s), the board shall notify the requesting local agency in writing as to whether the request in the form of an Enforcement Program Plan (EPP) pursuant to Section 18077 of this Chapter is: (1) complete and accepted and shall be reviewed; or (2) the EPP is incomplete and what specific information is missing, and needs to be submitted to the board to provide for a complete EPP. The board will require the agency to provide the specific missing information, thereby starting a new 45 day process from the date of resubmittal. (b) When an EPP is complete and accepted, the board shall have 60 days from the date of the acceptance, to conduct a review of the designation and certification information in the EPP. (1) The board shall issue a certification(s) decision stating which types of certification are to be issued or denied, and that the designation and EPP are approved or disapproved. A copy of the board decision shall be sent to the requesting agency, its local governing body, and all appropriate State agencies. (2) If during the review process the board finds any specific deficiencies, it shall notify the requesting agency within 45 days from the date of acceptance for review. A new 60 day review period shall begin on the date of resubmittal. (c) The board may elect to issue temporary LEA certification(s) and/or designation approval for specific time periods. (d) After approval of the EPP, the board shall periodically review the LEA's enforcement program plan (EPP) and its implementation of the permitting, inspection, and enforcement programs pursuant to Public Resources Code Sections 43209 and 43214. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Section 43200-43209, Public Resources Code. s 18077. Enforcement Program Plan (EPP). (a) The LEA shall develop, adopt, and submit for board approval an EPP pursuant to Public Resources Code Section 43209(e). The EPP shall embody the designation and certification requirements and demonstrate that the LEA meets all the requirements pursuant to Public Resources Code Sections 43200, 43203, 43207, and 43209, 14 CCR Division 7, Chapters 3 and 5, and 27 CCR Division 2, Subdivision 1 (s20005 et seq.). At a minimum, the EPP shall include the following written components: (1) a certification request letter; (2) an accepted designation information package (DIP) pursuant to 14 CCR 18051; (3) a statement of EPP goals and objectives; (4) a copy of the enabling ordinance(s) or resolution(s) for the LEA jurisdictional authority; (5) a copy of all local solid waste collection, handling, storage, and disposal statutes or ordinances; (6) a comprehensive list of all types of solid waste facilities and disposal sites, and solid waste handling and collection vehicles within the jurisdiction; (7) a time task analysis demonstrating the adequacy of staff resources pursuant to 14 CCR 18073; (8) a demonstration of staff technical expertise; (9) an operating budget demonstrating adequacy of budget resources pursuant to 14 CCR 18074; (10) a detailed staff training procedure pursuant to 14 CCR 18075; (11) a procedure manual for solid waste facility permitting and closure or postclosure; (12) a procedure manual for inspection, investigation, compliance assurance, enforcement, and hearing panel utilization; and (13) a procedure manual for disposal site identification, assessment, and corrective actions. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200-43209, Public Resources Code. s 18078. Directory of Enforcement Agencies and Hearing Panels. The board shall maintain a statewide directory of hearing panels and local enforcement agencies as approved and issued certification(s) by the board. The directory shall include a description of the jurisdiction and mailing address of each and shall be open to the public inspection pursuant to Article 4 of Chapter 1 of this division. The board shall promptly respond to inquiries by the public regarding the identity or location of an enforcement agency or hearing panel. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43200, 43201, 43204, 44800 and 44801, Public Resources Code. s 18080. Scope. This Article, pursuant to Public Resources Code Section 43214, sets forth the LEA's duties and responsibilities, performance standards, certification maintenance requirements, and board evaluation of LEAs. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43214, 43215, 43216 and 43219, Public Resources Code. s 18081. LEA Performance Standards and Evaluation Criteria. (a) In performing its permitting, closure and postclosure, inspection, and enforcement functions, the LEA shall meet its duty requirements and comply with the standards pursuant to Public Resources Code Division 30, Parts 4, 5, and 6; 14 CCR Division 7, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.) and its EPP. Deviation from these standards may result in a performance review by the board pursuant to Public Resources Code Sections 43214, 43215 and 43219, including establishment of LEA compliance schedules or withdrawal of designation and certification(s) approvals. The board's evaluation and decisions will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. (b) The LEA shall be assessed for compliance with the certification requirements pursuant to Article 2.1 and 2.2 of this Chapter, Public Resources Code Section 43209, and its board-approved EPP. (c) All facilities and disposal sites within the LEA's jurisdiction shall: (1) be in compliance with the state minimum standards and either the terms and conditions of the solid waste facility permits, the board-approved final closure and postclosure maintenance plans, have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900, or have ceased operation prior to January 1, 1988; and (2) be permitted, exempted, governed by board-approved final closure and postclosure maintenance plans, or have completed postclosure maintenance and monitoring pursuant to 27 CCR Sections 21180 and 21900; or (3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations. (d) All operations within the LEA's jurisdiction shall: (1) be in compliance with the state minimum standards, as applicable; and (2) meet notification requirements as applicable; or (3) be under appropriate enforcement action(s) pursuant to 14 CCR Section 18084 to remedy any violations. (e) All LEA's shall retain their certification(s) and designation approvals by maintaining compliance with their board-approved EPP and this Chapter. (1) The LEA shall provide for, obtain, and maintain the necessary technical, safety and regulatory equipment, clothing and vehicles for field inspectors. The LEA shall identify in its board-approved EPP what constitutes "necessary" for staff safety and field monitoring, measurement, inspection, and enforcement requirements for all its solid waste enforcement duties and responsibilities and its certification(s). (2) When in the jurisdiction of the EA there exists a publicly owned or operated solid waste facility or disposal site, the local governing body shall maintain an independent hearing panel for permit, enforcement and appeal purposes, as per Section 18060 of this Chapter and Sections 44308 through 44310 of the Public Resources Code. (3) The LEA/EA shall provide for technical review of corrective actions and postclosure land use pursuant to Sections 43500-43510 and 45000 of the Public Resources Code. (4) The components of the EPP shall be reviewed and amended by the LEA annually or more frequently as determined by the board to reflect any changes. The amended components shall be submitted to the board for approval. (f) The LEA/EA shall perform all applicable duties related to the California Environmental Quality Act, Public Resources Code Sections 21000 et. seq. Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43204, 43207 and 43209, Public Resources Code. s 18082. LEA Duties and Responsibilities for Permitting and Closure or Postclosure. (a) The LEA/EA shall implement the solid waste facility permitting regulations pursuant to Public Resources Code Division 30, Parts 4 and 5, 14 CCR Division 7, Chapter 5, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP, where applicable, as follows: (1) applications: (A) verify the submission of required documents, site and personnel information, and fees; (B) evaluate the application documents for accuracy and conformity to the EPP and the appropriate state standards cited in subsection (a) of this Section; (C) review for short and long term environmental impacts, damage, and proposed mitigation measures; (D) decide whether or not to accept the application and proceed with a proposed permit for board approval; (E) initiate appropriate public notice and comment period; and (F) submit copies of the above documents, notices, comments, and responses to the board. (2) proposed permits: (A) prepare permits with specific conditions for design, operation, and adverse environmental effect, monitoring and mitigation; (B) submit proposed permits to the board and the applicant; (C) allow a waiting period for review, concurrence, or objection by the board, and modification by the LEA/EA as required; (D) issue or deny the issuance of the solid waste facilities permit, upon satisfactory conclusion of the above process; and (E) the LEA/EA shall act upon applications and plans to generate a proposed solid waste facilities permit within the required regulatory and/or statutory time frames. (3) closure and postclosure: (A) pursuant to Public Resources Code Division 30 Parts 4 and 5 and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and the EPP, the LEA/EA shall require any person owning or operating a solid waste landfill to submit for LEA/EA and board approval the following: 1. plans for the landfill closure and postclosure maintenance; 2. estimates of closure and postclosure maintenance costs; and 3. evidence of financial mechanisms to insure adequate availability of funds. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43500-43606, 44001-44017 and 44300, Public Resources Code. s 18083. LEA Duties and Responsibilities for Inspections. (a) Pursuant to Public Resources Code Division 30, Parts 4 and 5, and 14 CCR Division 7, Chapters 3 and 5, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP, the LEA/EA shall inspect and investigate solid waste collection, handling, and storage, solid waste facilities, operations and disposal sites and equipment to verify compliance with the state minimum standards, solid waste facility permits, and related state solid waste laws and regulations within their purview for the protection of the environment and the public health and safety. The LEA/EA shall perform these inspections and related duties as required below, and forward inspection reports to the operator and/or owner, and the board within 30 days of the inspection: (1) weekly, for sites operating on performance standards pursuant to 27 CCR 20695; (2) monthly, for all active and inactive facilities, and for illegal sites and facilities, pending abatement by enforcement action(s); (3) at the frequency required by the state minimum standards for each type of operation regulated under the EA Notification tier. (4) quarterly, for closed sites, abandoned sites, and sites exempted pursuant to 27 CCR 21565. For closed sites, inspections shall be made until no potential threat exists to public health and safety or the environment. This determination shall be subject to board approval. For the purposes of this subsection, the enumeration, and the workload analysis, a closed site means a site that has ceased accepting waste and, should be closed, is undergoing closure, or has met applicable closure requirements; (A) the board may approve an alternate inspection frequency for these sites where such an action will not result in adverse impact on public health and safety and the environment. (5) if an LEA has been designated as the EA for waste tire facilities or entered into an agreement with the board through a grant program to inspect waste tire facilities, major waste tire facilities shall be inspected annually and minor waste tire facilities shall be inspected at least once every two and a half years pursuant to 14 CCR 18443; (6) upon receipt of a complaint or emergency notification which cannot be resolved off-site; (7) as necessary, pursuant to the EPP, upon receipt of a permit application, revision, review, RFI amendment, or closure/postclosure plan; and (8) pursuant to the EPP, for solid waste handling and collection equipment. (b) The LEA/EA may conduct any of the above inspections, without prior notice to the owner or operator, during normal business hours or the site's operating hours. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43200, 43209, 43218, 44100 and 44101, Public Resources Code. s 18084. LEA Duties and Responsibilities for Enforcement. (a) If during an inspection, investigation, or at any other time, the LEA/EA finds a solid waste facility, operation, or disposal site, is in violation of state minimum standards, the terms and conditions of a permit, or any related state solid waste laws or regulations within their purview, the LEA/EA shall enforce the applicable provisions as required by PRC Division 30, 14 CCR Division 7, Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and its EPP. The LEA/EA enforcement actions shall address the following categories of violations: (1) operational violations, pursuant to 14 CCR Division 7, Chapter 3 and 3.1, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and Division 30 of the Public Resources Code; (2) emergency violations, pursuant to subsection (1) above which present an imminent threat to public health and safety, or the environment an require immediate action pursuant to Part 5, Division 30 or the Public Resources Code; (3) permit violations, pursuant to Public Resources Code Division 30 Part 4, Chapter 3 and 14 CCR Division 7, Chapter 5, and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.); (4) closure and postclosure violations, pursuant to Public Resources Code Division 30, Part 4, Chapter 2, Articles 3 and 4, Part 5, and 27 CCR, Division 2, Subdivision 1 (s20005 et seq.); (b) LEA/EA enforcement action options include, but are not limited to 14 CCR Division 7 Chapter 5, Article 4, 27 CCR, Division 2, Subdivision 1 (s20005 et seq.), and Public Resources Code Division 30 Parts 4 and 5. (c) If in the course of an enforcement action, the LEA/EA deems legal counsel to be necessary to achieve enforcement, compliance, relief, or the assessment of monetary penalties through the courts, the LEA/EA shall utilize legal counsel which will be prepared to initiate legal proceedings within 30 days of notification. (d) If the LEA fails to take appropriate enforcement action to cause an operator to correct violations, or to abate an imminent threat to public health and safety or the environment, the board may take appropriate enforcement action pursuant to PRC sections 45012, 43216.5, and CCR Title 14 section 18350, and also investigate the LEA's designation and/or certification pursuant to PRC section 43214. The board shall apply the following two general criteria to determine if the LEA is taking appropriate enforcement action: (1) Criterion 1: If the operator is making timely progress toward compliance, then the LEA is taking appropriate action and criterion 2 need not be applied. If the operator is not making timely progress, then criterion 2 shall be applied. In determining whether or not the operator is making timely progress, the board shall consider the following: (A) The operator's success or lack thereof in accomplishing specific tasks within the timeframes specified in a compliance schedule, or a notice and order. (B) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to comply, but a delay in compliance has been caused by extenuating circumstances outside the operator's and LEA's control. Examples of extenuating circumstances outside the operator's and LEA's control include acts of God such as inclement weather, earthquakes, etc. Information regarding reasonable deadline extensions due to delays in obtaining discretionary permits or other government agency approvals where the operator's actions or failure to act was not the cause of the delay may also be taken into consideration. (C) Information presented by the LEA supporting reasonable deadline extensions in cases where the operator has made a good faith effort to correct a landfill gas migration violation, but the assessment of the extent of migration has revealed a problem of a much larger magnitude than originally anticipated, necessitating a larger control system that will take a correspondingly longer length of time to design and install. (2) Criterion 2: If the LEA is increasing its enforcement response by taking additional action pursuant to its EPP and, if applicable, a previously issued N&O, then the LEA is considered to be taking appropriate action. If the LEA is not increasing its enforcement response by taking additional action, then the LEA is not considered to be taking appropriate action. Note: Authority cited: Sections 40502, 43020, 43200 and 43214, Public Resources Code. Reference: Sections 43209, 43504, 44016, 44305, 44306, 44310 and 45000-45024, Public Resources Code. s 18085. Ground for Board Actions over LEAs. An LEA's failure to fulfill one or more of the following responsibilities and /or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations shall constitute sufficient ground(s) for any of the board actions set forth in 14 CCR 18086, including but not limited to: (a) Failure of the LEA to comply with one or more of the Performance Standards referenced in Public Resources Code Section 43214 and/or its implementing regulation, 14 CCR 18081, including but not limited to: (1) Failure of the LEA to maintain compliance with the certification requirements referenced in 14 CCR 18072-75, including but not limited to technical expertise, adequacy of staff resources, adequacy of budget resources, and training; (2) Failure of the LEA to enforce facility compliance with one or more of the state minimum standards at solid waste facilities within the jurisdiction of the LEA, as referenced in Public Resources Code Section 43214(c); (3) Failure of the LEA to maintain compliance with and/or implement one or more of the components of the LEA's Enforcement Program Plan, as referenced in 14 CCR 18077; and (4) Failure of the LEA to perform all applicable duties related to the California Environmental Quality Control Act. (b) Failure of the LEA to fulfill one or more of its duties and/or responsibilities as referenced in Public Resources Code Section 43209 and/or its implementing regulations, including but not limited to: (1) LEA Duties and Responsibilities for Permitting and Closure or Postclosure, as referenced in 14 CCR 18082; (2) LEA Duties and Responsibilities for Inspections, as referenced in 14 CCR 18083; and (3) LEA Duties and Responsibilities for Enforcement, as referenced in 14 CCR 18084. (c) When public health and safety or the environment is threatened, the Board shall, within 10 days of notifying the LEA, become the enforcement agency until another local agency is designated locally, approved and certified by the board pursuant to PRC Section 43214(c). Note: Authority cited: Sections 40502, 43020, 43200, 43203 and 43214, Public Resources Code. Reference: Sections 43200-43209, 43214, 43218, 43500-43606, 44001-44017, 44100, 44101, 44300, 44301 and 44500-45601, Public Resources Code. s 18086. Types of Board Actions over LEAs. If the Board finds that an LEA is not fulfilling one or more of its responsibilities and/or obligations under Public Resources Code Division 30, Part 4, Chapter 2 (the "Solid Waste Facilities Chapter of the Waste Management Act") and/or these implementing regulations, then the Board, in accordance with Public Resources Code Section 43215 and 43216.5, may take one or more of the following actions: (a) Assume responsibility for specified LEA duties by partially or fully decertifying an LEA, either permanently or through a temporary suspension. Such an assumption of responsibility shall only extend to the LEA duties so specified by the board. The board may charge for operations pursuant to PRC 43212(a) while performing enforcement agency duties. (b) Conduct more frequent inspections and evaluations within an LEA's jurisdiction. (c) Establish a schedule and probationary period for improved performance by an LEA, and/or call for the submission of an evaluation workplan. (d) Withdrawal of the Board's approval of the local governing body's designation of the LEA. (e) Implement any other measures which may be determined by the Board to be necessary to improve LEA compliance. Note: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code. s 18087. Process for Board Actions over LEAs. (a) Notice: Notice of the hearing shall be sent by first-class mail and deposited in the mail at least thirty (30) days prior to the hearing. The notice shall be sent to the LEA's most current address as specified in the completed Form CIWMB 1000 "Notice of Designation of Local Agency" currently on file with the Board. If written notice has been provided the Board that the LEA is represented by an attorney in the proceeding, the notice of the hearing shall additionally be mailed to such attorney. (b) Public Hearing: The hearing shall be open to the public. The Chair or other presiding officer may provide an opportunity during the hearing for nonevidentiary public comment relevant to the matter being heard by the Board. The Chair or other presiding officer may impose reasonable limitations on the number of public speakers commenting, and on the nature and length of the comment period. (c) Admission of Evidence: A party shall be afforded the opportunity to present evidence and testimony on all relevant issues. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of the evidence over objection in civil actions. (d) Final Action by the Board: The Board's decision will consider the severity of the deviation(s) as related to the potential negative impacts on public health, safety or the environment. The Board will announce its decision at the conclusion of the hearing. A written decision will be prepared thereafter, which shall include a statement of the factual and legal basis of the decision. A copy of the written decision shall be sent to the LEA in the same manner as set forth in subsection (a), above, within ten (10) days of the conclusion of the hearing. Note: Authority cited: Sections 40502, 43020, 43200, 43214, 43215 and 43216.5, Public Resources Code. Reference: Sections 40500-40510 and 43200-43219, Public Resources Code. s 18088. Board Acting as Enforcement Agency. The Board, when acting as the enforcement agency, may enter into agreements or contracts as its discretion with any certified local enforcement agency for the purpose of delegating its enforcement agency duties within any jurisdiction until a local agency is designated, approved and certified by the Board. Note: Authority cited: Sections 40502, 43020 and 43200, Public Resources Code. Reference: Sections 43216 and 43216.5, Public Resources Code. s 18090.0. Purpose and Scope. The purpose of the LEA Grant Program is to provide grants to LEAs to carry out the solid waste facilities permit and inspection program. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18090.1. Grant Eligibility. Grants shall be awarded only to LEAs and regional LEAs that are certified pursuant to Article 2.1 of this Chapter. Eligibility for a grant is dependent on Board approval of final accountings for previously awarded LEA Grants. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18090.2. Grant Award. (a) The total amount of grants made by the Board pursuant to this article shall not exceed, in any one fiscal year, the amount specified by law. (b) The total grant amount shall be distributed among the applicants on a pro-rata basis with each LEA receiving a Board established base grant, in no event less than $15,000, plus an additional amount based on the population of the jurisdictions served by the LEA and the number of active, permitted solid waste facilities located within those jurisdictions. (c) Each Regional LEA shall receive a base grant multiplied by the number of counties for which the LEA is responsible, plus an additional amount based on the population of the jurisdictions served by the Regional LEA and the number of active, permitted solid waste facilities located within those jurisdictions. (d) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18090.3. Use of LEA Grant Funds. (a) LEA grant funds shall be used exclusively for the purpose of carrying out the approved solid waste facilities permit and inspection program. Any unauthorized use of LEA grant funds may result in the termination of the grant agreement, repayment of funds and/or return of all unused portions of the grant to the Board. (b) Any unused portions of an LEA grant awarded pursuant to this article for a designated fiscal year shall be returned to the Board. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18091.1. Grant Application. (a) Applications for LEA grants will be accepted by mail during the time period specified in the application package. Applications sent by facsimile transmission or hand-delivered applications will not be accepted. (b) An LEA or Regional LEA that is eligible for a grant award pursuant to Section 18090.1 of this Chapter, shall submit a grant application to the Board. The purpose of the grant application is to identify the local agency positions authorized to administer the grant program and to provide the Board the basis on which to evaluate appropriate grant use. The grant application shall include the following: (1) A Statement of Use describing the program's goals or objectives and stating how the grant funds will be used to implement the program; (2) A Budget Report listing all proposed grant expenditures, which may include the cost of staffing, third party contracts, training, travel and purchase of equipment or materials; and (3) A certified copy of an approved resolution from each applicant's governing body authorizing submittal of the application and identifying the position of the individual who is authorized to execute all agreements and other documents necessary to carry out the program. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18092.0. Review of Grant Application. (a) Board staff shall review each grant application to verify that it is complete and satisfies the criteria contained within Section 18091.1 of this Chapter. (b) Board staff may request additional information related to the grant application required pursuant to Section 18091.1 of this Chapter. The applicant will have ten (10) working days, or an additional time period specified by Board staff to submit the requested information. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18093.0. Grant Requirements. (a) The grant recipient and the Board shall enter into a written grant agreement that defines the grant term; contains a description of the approved program; and ensures compliance with the conditions specified in this Article. (b) The grant recipient shall submit a final report on or before one hundred-twenty (120) days following completion of the grant cycle. The report shall include any amendments to the grant program; provide a description of the implementation of the program; and, provide detailed expenditure information that enables the Board to determine the specific use of all grant funds. (c) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18093.1. Payment of Grant Funds. (a) Grants will be awarded annually each year subject to the availability of funds. (b) Grant recipients will be advanced ninety percent (90%) of their grant funds. All grant funds must be placed in an interest-bearing account with a fully insured financial institution. The grantee shall track interest accrued on the advance payment. Interest earned from the account shall be used only for eligible grant related expenses or returned to the Board. (c) The Board will withhold ten percent (10%) of the total grant funds until satisfactory completion of the project and approval of grantee's final report and payment request. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18094.0. Auditing. (a) The Board, the Department of General Services, the Bureau of State Audits, or their designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Grant. Grant recipients shall maintain such records for possible audit for a minimum of three (3) years after final payment unless a longer period of records retention is stipulated, or until resolution of issues which may arise as a result of any audit, litigation, or claim negotiation. (b) Grant recipients shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers. Note: Authority cited: Section 43231, Public Resources Code. Reference: Sections 43230 and 43232, Public Resources Code. s 18100. Scope. (a) This Article sets forth the method of application for a tiered solid waste facilities permit, procedures for review and action on an application package, and other requirements associated with regulatory tiers. This Article also includes provisions regarding permit maintenance following issuance and other requirements associated with solid waste handling operations. Similar provisions regarding a full solid waste facilities permit can be found in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2 of the California Code of Regulations (commencing with section 21570). (b) The provisions of this Article shall apply only to those operations and facilities as specified in the minimum standards set forth in Chapters 3.0 or 3.1 of Division 7 of this Title. (c) The submittal of an enforcement agency notification (in accordance with section 18103) or issuance of a tiered permit supersedes any previously submitted enforcement agency notification or issued tiered permit. (d) Specific provisions relating to the different types of regulatory tiers may be found below as follows: (1) Excluded section 18102 (2) Notification of Enforcement Agency sections 18103 - 18103.3 (3) Registration Permit sections 18104 - 18104.9; and (4) Standardized Permit sections 18105 - 18105.11. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 43000-45802, Public Resources Code. s 18101. Definitions. Unless incorporated by reference or by statute, the definitions in this Article govern only the construction of this Article. (a) "Acceptance for filing" means the enforcement agency has determined that the application is complete and correct and the specified permit action time frames contained in this Article commence. (b) "Annual loading" is the maximum amount of waste/material to be handled by an operation annually. (c) "Change in operation" means any change to a facility's operations noted in the application, including, but not limited to, change in facility description, change in materials handled, change in quantity of material handled, or change in operating hours in which the operator intends to operate outside of normal business hours. (d) "Complete" means all information required as part of a solid waste facilities permit application submitted pursuant to this Article has been provided. (e) "Correct" means all information provided by the applicant as part of a solid waste facilities permit application submitted pursuant to this Article is accurate, exact, and fully provides the applicable filing requirement information for the solid waste facility for which a permit is being sought. (f) A "full permit" is a solid waste facilities permit obtained pursuant to procedures set forth in Article 3.1 of this Chapter. (g) A "location map" means a map showing the general location of the operation at a scale size minimally equivalent to 1:24,000 USGS topological quadrangle. (h) "Operation" means the receipt and processing of solid waste. (i) "Peak loading" is the largest projected waste/material quantity to be received by an operation on any day of operation. (j) "Regulatory tier" is a type of regulatory oversight pursuant to procedures set forth in this Article and Article 3.1. Tier types include: excluded, enforcement agency notification, registration permit, standardized permit, and full permit. (k) A "site map" means a map showing the existing or planned layout of the operations, including, but not limited to, operations areas and their relationships to property boundaries, buffer zones, adjacent land uses, proposed drainage systems, any excavation areas, site access, and any other portions of the site dedicated to a specific use. The site map shall be at a scale size of 1" = 200', and indicate the zoning within 1000', of the facility. Where feasible, structures located on adjacent properties should be identified on the site map or location and distances to the nearest structures shall be included. (1) A "tiered permit" is a type of solid waste facilities permit obtained pursuant to procedures set forth in Articles 3.0 and 3.1 of this Chapter. A tiered permit is a solid waste facilities permit other than a full permit with reduced application and permit processing requirements. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18102. Excluded Solid Waste Handling. Operators of excluded operations designated by the minimum standards set forth in Division 7 of this Title are not required to notify the enforcement agency or submit an application for a solid waste facilities permit. Nothing in this section precludes the enforcement agency or the board from inspecting an excluded operation to verify that the operation is being conducted in a manner that qualifies as an excluded operation or taking any appropriate enforcement action. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code. s 18103. Enforcement Agency Notification. (a) The enforcement agency notification provisions of this Article shall apply only to operations as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title. (b) Sections 18103.1 through 18103.3 establish the requirements for compliance with enforcement agency notification as follows: (1) Filing Requirements section 18103.1; (2) Record Keeping Requirements section 18103.2; and (3) Termination of Operation section 18103.3. (c) Operations authorized to use the enforcement agency notification tier are required to operate in accordance with the minimum standards set forth in Chapters 3 or 3.1 of Division 7 applicable to that operation. (d) Nothing in this section precludes the enforcement agency or the board from the following: inspecting an operation to verify that the operation is being conducted in a manner that qualifies for the enforcement agency notification tier; inspecting to verify that the operation is in compliance with the minimum standards; or, taking any appropriate enforcement action, including the use of a 'notice and order.' Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 44100(a), 44101(a) and 45200, Public Resources Code. s 18103.1. Filing Requirements. (a) Any operator proposing to engage in solid waste handling pursuant to an enforcement agency notification shall notify the enforcement agency of its intent to operate in writing prior to commencing operations. This written notification shall be legible and include the following information: (1) The name, address, and phone number of the proposed operation; the name, address, and phone number where the operator can be contacted if these differ from the operation site; and, the name, address, and phone number of the owner if these differ from the operator. (2) The section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier and a description of the facility's operations, including but not limited to, volume and hours of wastes/material handled, peak and annual loading, and hours of operation. (3) Documentation that the operator has notified the local planning department with jurisdiction over the site of its intent to commence operations. Documentation may include, proof of compliance with CEQA, correspondence from the local planning department that compliance with the California Environmental Quality Act is not required for the operation to obtain local land use approval or written notice to the local planning department of the operator's intent to commence operations. (4) A statement by the owner and operator certifying under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief. (b) The notification shall be mailed to the enforcement agency "return receipt requested." Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code. s 18103.2. Record Keeping Requirements. The enforcement agency shall retain the notification received pursuant to section 18103.1 which shall be publicly available during normal business hours. The enforcement agency shall forward a copy of the notification to the board within five days of receipt. The enforcement agency shall retain a copy of the notification for a minimum of one year after the facility is known to have ceased operations. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code. s 18103.3. Termination of Operation. Any person intending to cease operations shall notify the enforcement agency in writing at least 15 days prior to the cessation of operations. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 43020, Public Resources Code. s 18104. Registration Permit. (a) The registration permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of this Title. (b) A registration permit shall be deemed to incorporated by reference, as terms and conditions of the permit, all minimum standards applicable to it, as set forth in Chapters 3 or 3.1, of Division 7. (c) Sections 18104.1 through 18104.9 establish the requirements for a registration permit as follows: (1) Filing Requirements section 18104.1; (2) Enforcement Agency Processing Requirements section 18104.2; (3) Record Keeping Requirements section 18104.3; (4) Completeness Appeal section 18104.4; (5) Change in Operation section 18104.5; (6) Change in Owner section 18104.6; (7) Permit Review & Reissuance section 18104.7; (8) Suspend/Revoke section 18104.8, and (9) Voiding of a Registration Permit section 18104.9. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code. s 18104.1. Filing Requirements. Any operator proposing to operate a solid waste facility pursuant to a registration permit shall file an application using form CIWMB 83 "Registration Permit Application" (rev. 12/96) which is incorporated herein by reference, with the enforcement agency which is accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code section 44006(c). (See Appendix A.) This application shall contain the following information: (a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier. (b) General description of the facility including, but not limited to name, location, site map, and location map. (c) Facility information, including, but not limited to, volume and type of waste/material; handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area. (d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner. (e) Conformance finding information as follows: (1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code section 50000; and that the facility is consistent with the city or county General Plan. (2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction to be identified in any of these elements pursuant to section 50001 of the Public Resources Code. (f) The owner and operator shall each certify under penalty of perjury that the information which they have provided is true and accurate to the best of their knowledge and belief. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code. s 18104.2. Enforcement Agency Processing Requirements. (a) Upon receipt of an application filed pursuant to section 18104.1, the enforcement agency shall mark the application with the date of receipt. (b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application. (c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18104.1. (d) If the enforcement agency finds the application is complete and correct pursuant to 18104.1, it shall be accepted for filing and stamped with the date and time of acceptance. (e) When an application is accepted for filing, the enforcement agency shall issue a registration permit by mailing an executed form CIWMB 81 "Registration Permit" (rev. 1/95), which is incorporated herein by reference, to the applicant. Form CIWMB 81, along with a copy of the accepted application, must be mailed to the applicant within five days of filing. (See Appendix A.) (f) The enforcement agency shall provide a copy of the registration permit to the board and to any person who has so requested in writing. (g) If the enforcement agency finds that the application is not complete and correct pursuant to 18104.1, it shall not be accepted for filing. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant within five days. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18104.3. Record Keeping Requirements. (a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours. (b) Written public comments on an application shall be retained by the enforcement agency. (c) The enforcement agency shall forward copies of any written public comments received on an application to the board with the registration permit submitted pursuant to section 18104.2(f). (d) Subsequent to the transmittal of the registration permit to the board, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board unless the comment clearly states that a copy has already been provided to the board. (e) If an application is denied, the enforcement agency shall retain public comments received on that application for a period of 2 years. If a previously denied permit is approved, all comments received shall be forwarded to the board with the copy of the registration permit submitted under subsection (c) above. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18104.4. Completeness Appeal. If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18104.5. Change in Operation. A new registration permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18104.6. Change in Owner. (a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the board within five days of receipt. (b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18104.7. Permit Review & Reissuance. (a) Every registration permit shall be reviewed at least once every five years from the date of issuance or reissuance. (b) The board shall notify the operator and the enforcement agency 60 days before the registration permit is due for review. (c) No fewer than 35 days before the registration permit is due for review, the operator shall submit either a certification that the information contained in the controlling registration permit is current, or shall file a new application pursuant to section 18194.1. (d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to section 18104.1, the enforcement agency shall follow the procedures set forth in sections 18104.2 and 18104.3. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code. s 18104.8. Suspend/Revoke. Any registration permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Article 2, Chapter 4 of the Public Resources Code (section 44305 et seq .). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources Code. s 18104.9. Voiding of a Registration Permit. Every registration permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the board within 7 days. "Cessation of operations" does not include temporary operational shutdowns which are seasonal or intermittent in nature. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105. Standardized Permit. (a) The standardized permit provisions of this Article shall apply only to solid waste facilities as specified in the minimum standards set forth in Chapters 3 or 3.1 of Division 7 of the Title. (b) A standardized permit obtained pursuant to this Article shall contain only those terms and conditions applicable to the type of facility receiving it as set out in the minimum standards for that type of facility. (c) Sections 18105.1 through 18105.11 establish the requirements for a standardized permit as follows: (1) Filing Requirements section 18105.1; (2) Enforcement Agency Processing Requirements section 18105.2; (3) Record keeping Requirements section 18105.3; (4) Completeness Appeal section 18105.4; (5) Board Processing Requirements section 18105.5; (6) Appeal of Decision section 18105.6; (7) Change in Operation section 18105.7; (8) Change in Owner section 18105.8; (9) Permit Review section 18105.9; (10) Suspend/Revoke section 18105.10; and (11) Voiding of a Standardized Permit section 18105.11. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.1. Filing Requirements. Any operator proposing to operate a solid waste facility eligible for a standardized permit shall file an application in duplicate with the enforcement agency which is accompanied by the fee specified by the enforcement agency pursuant to Public Resources Code section 44006(c). This application shall contain the following information: (a) The name and address of the enforcement agency, and the section in Chapters 3 or 3.1 of Division 7 of this Title authorizing eligibility for this tier. (b) General description of the facility including, but not limited to name, location, site map, and location map. (c) Facility information, including, but not limited to, volume and types of waste/material handled, peak and annual loading, hours of operation, traffic, facility size, site capacity, and operating area. (d) Operator information, including identification of the land owner, his/her address and telephone number; identification of the facility operator, his/her address and telephone number; and the address(es) at which process may be served upon the operator and owner. (e) A Report of Facility Information that contains all of the information required by the applicable section(s) of Article 3.2, Chapter 5, of this Division. (f) One of the following: (1) Evidence that there has been compliance with the California Environmental Quality Act, Division 13 (commencing with section 21000) of the Public Resources Code, regarding the facility; or, (2) Information on the status of the application's compliance with the California Environmental Quality Act regarding the facility. Once there has been compliance with the California Environmental Quality Act regarding the facility, evidence of compliance shall be submitted to the enforcement agency. (g) Conformance finding information as follows: (1) Until a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include statements that: the facility is identified and described in or conforms with the County Solid Waste Management Plan, or otherwise complies with Public Resources Code section 50000; and that the facility is consistent with the city or county General Plan. (2) After a countywide or regional agency integrated waste management plan has been approved by the board, the application shall include a statement that: the facility is identified in either the countywide siting element, the nondisposal facility element, or in the Source Reduction and Recycling Element for the jurisdiction in which it is located; or, that the facility is not required to be identified in any of these elements pursuant to section 50001 of the Public Resources Code. (h) The owner and operator shall each certify under penalty of perjury that the information provided is true and accurate to the best of their knowledge and belief. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021, 43000-45802 and 50000-50002, Public Resources Code. s 18105.2. Enforcement Agency Processing Requirements. (a) Upon receipt of an application filed pursuant to section 18105.1, the enforcement agency shall mark the application with the date of receipt. (b) The enforcement agency shall notify every person who has submitted a written request to be notified of any application. (c) Within 30 days of receipt, the enforcement agency shall review the application to determine whether it meets the requirements of section 18105.1. (d) If the enforcement agency finds the application is complete and correct pursuant to 18105.1(a-e) and (g-h), it shall be accepted for filing. (e) The application shall be stamped with the date and time of acceptance. (f) If the enforcement agency finds that the application is not complete and correct pursuant to 18105.1(a-e) and (g-h), it shall not be accepted for filing. A copy of the rejected application accompanied by explanation shall be mailed to the applicant within five days. (g) Within fifteen days of acceptance of an application for filing: (1) The enforcement agency shall evaluate the information provided in the application and the proposed facility to determine whether or not the facility will be able to operate in compliance with the applicable minimum standards and standardized permit terms and conditions. (2) If the enforcement agency finds that the application and facility meet the requirements set forth in subdivision (g)(1) of this section then the enforcement agency shall forward the proposed standardized permit, application package, and the results of any analysis to the board. The enforcement agency shall further provide the applicant with a copy of the proposed standardized permit submitted to the board. In addition, the enforcement agency shall provide a copy of the proposed standardized permit to any person who has so requested in writing. (3) If the enforcement agency finds that the application or facility do not meet the requirements set forth in subdivision (g)(1) of this section, the enforcement agency shall reject the application. A copy of the rejected application accompanied by an explanation shall be mailed to the applicant. (h) If evidence of compliance with the California Environmental Quality Act, as required by section 18105.1(f), has not been submitted within 15 days of acceptance of the application as complete, then the decision required by section 18105.2(g) shall be held in abeyance until compliance with this requirements has been demonstrated. Unless waived by the applicant pursuant to Public Resources Code section 44008, if evidence of compliance with the California Environmental Quality Act has not been submitted within 120 days of the application's acceptance for filing, the enforcement agency shall reject the application and not issue the standardized permit. (i) Once the board has concurred in the issuance of the proposed standardized permit, pursuant to section 18105.5, the enforcement agency shall issue the standardized permit. (j) If the board objects to the proposed standardized permit, the enforcement agency shall notify the applicant in writing of the board's decision, and the reasons for that decision, within five days of receipt of that decision. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.3. Record Keeping Requirements. (a) The enforcement agency shall maintain a current list of all pending applications at its offices. The list shall be publicly available during normal business hours. (b) Written public comments on an application shall be retained by the enforcement agency. (c) The enforcement agency shall forward copies of any written public comments received on a pending application to the board with the proposed standardized permit submitted pursuant to section 18105.2(g). (d) Subsequent to the transmittal of the proposed standardized permit, the enforcement agency shall within five days of receipt provide a copy of any additional written public comments to the board, unless the comment clearly states that a copy has already been provided to the board. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.4. Completeness Appeal. If an application is determined to be incomplete, the applicant may appeal that determination to the enforcement agency within 15 days of the date that notification was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.5. Board Processing Requirements. (a) The board shall mark the proposed standardized permit with the date of receipt. (b) The board shall evaluate the application package and the proposed standardized permit for compliance with the requirements set forth by section 18105.1 and 18105.2(g). (c) Within 30 days of receipt of a proposed standardized permit, the board shall either concur in or object to the issuance of the proposed standardized permit. (d) If the proposed standardized permit contains terms and conditions not authorized by the minimum standards and the permit is otherwise in conformance with these regulations, any additional unauthorized terms and conditions shall be stricken. The board shall concur in the edited standardized permit. (e) Within 7 days of the decision to concur in or object to a proposed standardized permit, the board shall notify the enforcement agency of its determination in writing. If the board objects, the reasons for the objection shall be provided to the enforcement agency. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.6. Appeal of Decision. (a) Any applicant may appeal the decision of the enforcement agency taken pursuant to section 18105.2(g)(3) or of the Board taken pursuant to section 18105.5 to the enforcement agency within 15 days of the date that the decision was received. Such an appeal must be in writing and specify the grounds for the appeal. A final written determination on the appeal shall be made by the hearing panel designated pursuant to section 44800 of the Public Resources Code, no later than 60 days after receipt of the applicant's appeal. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.7. Change in Operation. A new standardized permit application shall be submitted when an operator proposes a change in operation or to transfer his/her permit for the same operation to another operator, or if the enforcement agency determines that a change in facility operations has occurred. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.8. Change in Owner. (a) An operator shall notify the enforcement agency in writing if a person, who owns property on which the solid waste facility is located, is encumbering, selling, transferring, or conveying the property, or part thereof; or allowing the property, or part thereof, to be encumbered, sold, transferred, or conveyed. The operator shall notify the enforcement agency at least 15 days prior to such action by the owner, or within 7 days of receiving notice of such action by the owner, whichever comes first. The enforcement agency shall transmit a copy of the notification to the board within five days of receipt. (b) Any information provided pursuant to subdivision (a) of this section shall not be a matter of public record and shall be considered confidential until such time as the owner's encumbering, selling, transferring, or conveying of the property, occurs. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Section 6255, Government Code; and Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18105.9. Permit Review and Reissuance. (a) Every standardized permit shall be reviewed at least once every five years from the date of issuance or reissuance. (b) The board shall notify the operator and the enforcement agency 60 days before the standardized permit is due for review. (c) No fewer than 35 days before the standardized permit is due for review, the operator shall submit either a certification that the information contained in the controlling permit is current, or shall file a new application pursuant to section 18105.1. (d) If an operator files a certification as specified in subsection (c) above or a new application pursuant to section 18105.1, the enforcement agency shall follow the procedures set forth in section 18105.2 and 18105.3 and the board shall follow the procedures set forth in section 18105.5. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44015, Public Resources Code. s 18105.10. Suspend/Revoke. Any standardized permit may be suspended or revoked by the enforcement agency for cause pursuant to section 44305 or 44306 of the Public Resources Code. Any such action shall be undertaken by the enforcement agency using the procedures set forth in Article 2, Chapter 4 of the Public Resources Code (section 44305 et seq. ). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 44305-44310, Public Resources Code. s 18105.11. Voiding of a Standardized Permit. Every standardized permit shall be void 30 days after cessation of operations. Any operator who intends to cease operations shall notify the enforcement agency of his/her last proposed date of operation at least 15 days in advance. The enforcement agency shall forward a copy of this notification to the board within 7 days. "Cessation of operations" does not include temporary operational shutdowns which are seasonal or intermittent in nature. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18200. Scope. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43020, 43021 and 43000-45802, Public Resources Code. s 18200.1. Definitions. Note: Authority cited: Sections 40502 and 43020. Reference: Sections 44001-44017, 44100-44101, 44300-44301, 44500-44503 and 44813-44816, Public Resources Code. s 18201. Form of Application and Supporting Documents (Application Package). Note: Authority cited: Sections 40002, 40502 and 43020, Public Resources Code. Reference: Sections 44001-44017, 44100-44101, 44300-44301, 44500-44503, and 44813-44816, Public Resources Code. s 18202. Amendments to Application. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006, Public Resources Code. s 18203. Filing of Application and Transmittal of Copies. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006 and 44007-44010, Public Resources Code. s 18204. Public Notice and Comment. s 18205. Investigation of Application. s 18206. Environmental Review. s 18207. Proposed Permit; Board Review. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44007-44010 and 44014, Public Resources Code. s 18208. Issuance of Permit; Final Environmental Determination. (a) Upon compliance with the Act and this article, and upon the concurrence of the board, the enforcement agency may make findings and issue the permit as provided in subsection (a) of Public Resources Code section 44014. The permit shall specify the person authorized to operate the facility and the boundaries of the facility. The permit shall contain such conditions as are necessary to specify a design and operation for which the applicant has demonstrated in the proceedings before the enforcement agency and the board the ability to control the adverse environmental effects of the facility. (1) As used herein, "design" means the layout of the facility (including numbers and types of fixed structures), total volumetric capacity of a disposal site or total throughput rate of a transfer/processing station, transformation facility, or composting facility, vehicular traffic flow, and patterns surrounding and within the facility, proposed contouring, and other factors that may be considered a part of the facility's physical configuration. (2) As used herein, "operation" means the procedures, personnel, and equipment utilized to receive, handle and dispose of solid wastes and to control the effects of the facility on the environment. (b) (Reserved) (c) Copies of the permit (including conditions specified therein), findings, and any document setting forth the enforcement agency's final environmental determination shall be provided the board and any person who has requested in writing that such copies be provided. Comment: In filing an application for a new permit or permit revision, the applicant will be required to specify the proposed design and operation of the facility, to describe any anticipated environmental consequences of the specified design and operation, and to propose measures to minimize and mitigate any adverse environmental effects. The permit that is issued would specify the measures found by the agency to be necessary, for a facility of given design and operation, to satisfy the requirements of the Act for protection of the environment. Accordingly, the permit would limit the facility to the design and operation that corresponds to those measures. Any significant change in design or operation would require revision of the permit. See section 18211. In order to avoid the need to revise a permit for each minor change in operation, the conditions should be drafted to accommodate fluctuations without requiring a permit revision, so long as such changes do not necessitate additional measures to control their environmental effects. Note: Authority cited: Sections 40502 and 43200, Public Resources Code. Reference: Sections 44012 and 44014, Public Resources Code. s 18209. Denial of Permit. (a) The enforcement agency shall deny the permit when any of the following occur: (1) The enforcement agency determines that the proposed facility is not consistent with the county solid waste management plan or cannot conform to the state standards. (2) The Board has objected to the proposed permit and either: (A) there are less than 45 days remaining before the statutory deadline for action on the application and the applicant declines to waive the deadline; or (B) the enforcement agency determines that it will be impossible to propose a permit that will be mutually satisfactory to the enforcement agency, the board, and the applicant. The enforcement agency may deny the permit under any other circumstances provided by law. (b) Upon denial of a permit, the enforcement agency shall give written notice of the denial to the applicant, the board, and any other person who has requested in writing that such notice be given. Notice to the applicant shall be accompanied by a form request for a hearing, which the applicant may use to obtain a hearing before the hearing panel. (c) An applicant who desires a hearing on the denial of a permit shall file with the enforcement agency a written request for a hearing. The enforcement agency shall provide the board with copiesof the request, the statement of issues, and the notice of defense within five business days of service upon the applicant. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44007-44017 and 44300, Public Resources Code. s 18210. Notice of Operation Prior to August 15, 1977. Note: (Reference: Gov. Code Sections 66796.30, 66796.32-66796.34, 66796.45-66796.46) s 18211. Application for Revision of a Permit. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006 and 44007-44017, Public Resources Code. s 18212. Reinstatement of Suspended and Revoked Permits. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44500-44503 and 44817, Public Resources Code. s 18213. Review of Permits. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44011, Public Resources Code. s 18215. Exemptions from Requirement of a Permit. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18216. Notice of Change of Address. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44500-44503, Public Resources Code. s 18217. Notice of Change of Ownership of Property. Note: Reference: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44001-44006, Public Resources Code. s 18220. Report of Green Composting Site Information. Note: Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18221. Report of Station Information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18221.5. Facility Plan. Each operator of a Medium Volume Transfer/Processing Facility, or Direct Transfer Facility that is required to obtain a Registration Permit, as set forth in sections 17403.4 and 17403.6 and Title 14, Division 7, Chapter 5.0, Article 3.0, (commencing with section 18100) shall, at the time of application, file a Facility Plan or "Plan" with the EA as required in section 17403.8 of this Title. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the Facility Plan required in section 174093.8 of this Title. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Plan shall contain the following: (a) name(s) of the operator, owner, and the company they represent, if applicable; (b) schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; (c) descriptive statement of the manner in which activities are to be conducted at the facility; (d) days and hours that the facility is to operate. If the hours of waste receipt differ from the hours of material processing, each set of hours may be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (e) total acreage contained within the operating area; (f) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; (g) information showing the types and the daily quantities of solid waste to be received. If tonnage was figured from records of cubic yards, include the conversion factor used; (h) description of the methods used by the facility to comply with each state minimum standard contained in sections 17406.1 through 17419.2; (i) anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; (j) description of provisions to handle unusual peak loading; (k) description of transfer, recovery and processing equipment, including classification, capacity and the number of units; (l) planned method for final disposal of the solid waste; (m) planned method for the storage and removal of salvaged material; (n) resume of management organization which will operate the facility. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18221.6. Transfer/Processing Report. Each operator of a Large Volume Transfer/Processing Facility that is required to obtain a Full Solid Waste Facility Permit, as set forth in Title 27, Division 2, Subdivision 1, Chapter 4, Subchapter 3, Articles 2.0-3.2, (commencing with section 21570) shall, at the time of application, file a Transfer/Processing Report or "Report" with the EA as required in section 17403.9 of this Title. In order to maintain an existing permit, the operator must file amendments as required in section 17403.9 of this Title and re-title the document as a Transfer/Processing Report. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Report shall contain the following: (a) name(s) of the operator, owner, and the company they represent, if applicable; (b) facility specifications or plans, to include: a site location map, a site map, and identification of adjacent land uses and distances to residences or structures that are nearby and are within 1000 feet of the facility property line; (c) schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; (d) descriptive statement of the manner in which activities are to be conducted at the facility; (e) days and hours the facility is to operate. If the hours of waste receipt differ from the hours of material processing, each set of hours may be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (f) total acreage contained within the operating area; (g) facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; (h) information showing the types and the daily quantities of solid waste to be received. If tonnage was figured from records of cubic yards, include the conversion factor used; (i) description of the methods used by the facility to comply with each state minimum standard contained in sections 17406.1 through 17419.2; (j) anticipated volume of quench or process water, and the planned method of treatment, and disposal of any wastewater; (k) description of provisions to handle unusual peak loading; (l) description of transfer, recovery and processing equipment, including classification, capacity and the number of units; (m) planned method for final disposal of the solid waste; (n) planned method for the storage and removal of salvaged material; (o) resume of management organization which will operate the facility; (p) list of permits already obtained, and the date obtained or last revised. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18222. Report of Disposal Site Information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18223. Facility Plan for Medium Volume Construction and Demolition/Inert Debris Processing Facilities and Medium Volume C&D Wood Debris Chipping and Grinding Facilities. (a) Each operator of a medium volume CDI debris processing facility or medium volume C&D wood debris chipping and grinding facility that is required to obtain a Registration Permit, as set forth in CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, sections 17383.5 or 17383.3, and CCR, Title 14, Division 7, Chapter 5.0, Article 3.0, commencing at section 18100 et seq., shall file with the EA, together with its application for a Registration Permit, a CDI Debris Processing Facility Plan or C&D Wood Debris Chipping and Grinding Plan, as applicable. The Plan shall contain the following: (1) Names of the operator and owner, and the key employee responsible for operation of the site; (2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; (3) Descriptive statement of the manner in which activities are to be conducted at the facility; (4) Days and hours that the facility is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (5) Total acreage contained within the operating area; (6) Facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; (7) Information showing the types and the daily quantities of debris to be received. (In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA; (8) Estimates of the amount of residual to be generated on a monthly basis and the amount of material salvaged and/or recycled; (9) Description of the methods used by the facility to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9; (10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; (11) Description of provisions to handle unusual peak loading; (12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; (13) Planned method for final disposition of debris received at the facility, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; (14) Planned method for the storage and removal of salvaged material; (15) Resume of management organization which will operate the facility; (16) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and (17) The operator shall retain a record of training and instruction completed in accordance with Article 6.2, section 17410.3. (18) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). (19) Fire Prevention, Control and Mitigation Plan ("Plan") which contains the following: (A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; (B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; (C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; (D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; (E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. (F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. (b) The operator must file amendments as necessary to maintain the accuracy of the Plan. Such amendments may become the basis for revisions to the Registration Permit for the facility. Failure to submit timely amendments may be cause for suspension or revocation of the permit. Note: Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18223.5. Facility Reports for Construction and Demolition/Inert or Inert Debris Facilities and Large Volume C&D Wood Debris Chipping and Grinding Facilities. (a) Each operator of a large volume CDI debris processing facility or inert debris processing facility, or large volume C&D wood debris chipping and grinding facility that is required to obtain a Full Permit, as set forth in CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, sections 17383.6, or 17383.8, or 17383.3 and Title 27, CCR, Division 2, Subdivision 1, Chapter 4, commencing with section 21450, shall file with the EA, together with its application for a Full Permit, a CDI Debris Processing Facility Report or Inert Debris Processing Facility Report, as applicable. The Report shall contain the following: (1) Names of the operator and owner, and the key employee responsible for operation of the site; (2) Schematic drawing all buildings and other structures showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, loading, and parking areas; (3) Descriptive statement of the manner in which activities are to be conducted at the facility; (4) Days and hours that the facility is to operate. If the hours of debris receipt differ from the hours of material processing, each set of hours shall be stated. For facilities with continuous operations, indicate the start of the operating day for purpose of calculating amount of debris received per operating day. The operator may also indicate whether or not, and when, other activities, such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (5) Total acreage contained within the operating area; (6) Facility design capacity including the assumptions, methods, and calculations performed to determine the total capacity; (7) Information showing the types and the daily quantities of debris to be received. If tonnage was figured from records of cubic yards, include the conversion factor used; (8) In any calculations necessary as part of the plan, amounts shall be figured in tons. If tonnage is figured from cubic yards, include the conversion factors used as approved by the EA; (9) Description of the methods used by the facility to comply with each State Minimum Standard required by CCR, Title 14, Division 7, Chapter 3.0, Article 5.9, commencing at section 17380; (10) Anticipated volume of quench or process water and the planned method of treatment, and disposal of any wastewater; (11) Description of provisions to handle unusual peak loading; (12) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units; (13) Planned method for final disposition of debris received at the facility, including but not limited to materials being transferred to other facilities or operations for further processing, recycled materials, and solid waste; (14) Planned method for the storage and removal of salvaged material; (15) Resume of management organization which will operate the facility; (16) List of permits already obtained, and the date obtained or last revised; (17) The operator shall record and retain records of any serious injury to the public occurring on-site and any complaint of adverse health effects to the public attributed to operations. Serious injury means any injury that requires inpatient hospitalization for a period in excess of 24 hours or in which a member of the public suffers a loss of any member of the body or suffers any degree of permanent disfigurement; and (18) The operator shall retain a record of training and instruction completed in accordance with, Article 6.2, section 17410.3. (19) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). (20) Fire Prevention, Control and Mitigation Plan ( "Plan") which contains the following: (A) Description of the measures the operator will take to prevent fires and to control and extinguish fires at the site; (B) Identification and description of the equipment the operator will have available (on site and readily available off-site) to control and extinguish fires; (C) Description of the measures the operator will take to mitigate the impacts of any fire at the site to the public health and safety and the environment; (D) Description of the arrangements the operator has made with the local fire control authority having jurisdiction to provide fire prevention, control and suppression; (E) Discussion of the ability of the local fire control authority to suppress fires at the site in light of the authority's personnel, expertise and equipment, the availability of water, access to the site and to flammable materials on the site, the nature of flammable materials on site, the quantity and dimensions of materials on the site, and the potential for subsurface fires in accumulations of flammable materials on the site. (F) Evidence that the operator has submitted the Plan to the local fire control authority for review and that the authority has found it to be in compliance with the authority's applicable requirements. (b) The operator must file amendments as necessary to maintain the accuracy of the Report. Such amendments may become the basis for revisions to the Full Permit for the facility. Failure to submit timely amendments may be cause for suspension or revocation of the permit. Note: Authority cited: Section 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18224. Report of Contaminated Soil Disposal Site Information. Each operator of a contaminated soil disposal facility that is required to obtain a Standardized Solid Waste Facilities permit, as set forth in section 17362.3, shall, at the time of application, file a Report of Contaminated Soil Disposal Site Information with the enforcement agency. A Report of Contaminated Soil Disposal Site Information shall contain the following: (a) A descriptive statement of the manner in which the operation is to be conducted at the site. (b) Information showing the types and concentrations of chemical constituents, and the quantities of contaminated soil to be received. (c) A schematic drawing of the facility showing layout and general dimensions of the operations area, including, but not limited to, unloading, storage, disposal, and parking. (d) A description of the proposed methods used to control litter, nuisances, odors, noise impacts, dust, and other public health and safety and environmental hazards. (e) Indication of the approximate total acreage contained within the operations area and either the total estimated capacity in tons indicating in place densities assumed, or the capacity in cubic yards. Also include a projection of the life expectancy of the site based on current and/or anticipated loadings. (f) The general location of the proposed disposal site shown on a map of at least the scale size equivalent to a 1:24,000 USGS topographical quadrangle. Such map shall show points of access to the site. (g) A plot plan which delineates the legal boundaries for which clear title is held by the applicant and/or any parcels which are leased. Copies of lease agreements shall be submitted and substantiation shall be shown that the disposal site owner is cognizant of the disposal operations and the responsibilities assigned to the site owner by the standards. (h) Identification on the plot plan of the specific limits of the existing and planned disposal area(s) showing relationships to the property boundary lines and adjacent land uses surrounding the site, distances to the nearest structures shall be identified. (i) A description of the sequence of development stages of the disposal site facility, giving tentative implementation schedules for development, usage, site completion and closure. Describe the extent of change which will occur in areas which will be excavated for the placement of contaminated soil. (j) A map showing the existing topographical contours of the property and proposed final elevations of the completed disposal site. (k) If known, a description of the uses of the site after termination of disposal operations, including the time frame for implementation of such use. (l) Resume of management organization which will operate the disposal site. (m) Compilation of the conditions, criteria, and requirements established by the various approval agencies having jurisdiction over the disposal site. (n) A listing of permits already obtained and the date obtained or last revised. Note: Authority cited: Sections 40502, 43020, and 43021 of the Public Resources Code. Reference: Sections 43020 and 43021 of the Public Resources Code. s 18223.6. Disposal Facility Plan. Each operator of an Inert Debris Type A Disposal Facility that is required to obtain a Registration Permit pursuant to Title 14 CCR, section 17388.4 shall, at the time of application, file a Disposal Facility Plan with the EA. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the Plan. Such amendments, or lack thereof, may become the basis for changes in the permit or for revocation of the permit. A Disposal Facility Plan shall contain the following: (a) Name(s) of the operator, owner, and the company they represent, if applicable; (b) Scaled schematic drawing of the building and other structures showing layout and general dimensions of the operations area, including but not limited to, unloading, storage, loading, and parking areas; (c) Descriptive statement of the manner in which activities are to be conducted at the facility; (d) Days and hours of operation. If the hours of waste receipt differ from the hours of material processing, each schedule may be stated. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of waste received per operating day. The operator may also indicate whether or not, and when, other activities such as routine maintenance will take place, if those activities will occur at times other than those indicated above; (e) Total acreage contained within the operating or disposal areas; (f) Facility design capacity, including the assumptions, methods, and calculations performed to determine the total capacity; (g) Information indicating the types and daily quantities of waste or debris to be received. If tonnage is determined from records of cubic yardage, include the conversion factor used in the calculation; (h) Description of methods used by the facility to comply with each State Minimum Standard; (i) Anticipated volume of quench or process water and the planned method of treatment and disposal of any wastewater; (j) Description of provisions to handle unusual peak loading; (k) Description of transfer, recovery and processing equipment, including classification, capacity and the number of units. (l) Planned method for final disposal of the solid waste; (m) Planned method for the storage and removal of salvaged material. (o) Resume of management organization that will operate the facility. (p) A description of road building and seasonal tipping pad design. (q) A description of a program to prevent the acceptance of unapproved materials and hazardous wastes. (r) A description of the planned method for storage and removal of prohibited wastes. (s) A copy of the operator's Injury and Illness Prevention Plan (as applicable under current law). Note: Authority cited: Sections 40502, 43020, 43021 and 48007.5, Public Resources Code. Reference: Sections 40053, 43020, 43021 and 48007.5, Public Resources Code. s 18225. Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan. With an application for a permit, the operator of a facility shall file a Nonhazardous, Nonputrescible, Industrial Solid Waste Codisposal Plan with the EA, as required in section 17369(b) of Article 5.7. In order to maintain the permit, the operator must file amendments as necessary to maintain the accuracy of the facility Plan required in section 17369(b). Such amendments, or lack thereof, may become the basis for revocation of the permit. A Plan shall contain the following information, and may be derived from the Operation Plan approved by DTSC: (a) name(s) of the operator and owner; (b) scaled schematic drawing of the operations area, including but not limited to the active codisposal unit(s), and any DTSC/RWQCB approved closed waste management units, which contain nonhazardous, nonputrescible, industrial solid waste codisposed with hazardous waste; (c) days and hours of operation for the disposal of nonhazardous, nonputrescible, industrial solid waste. For facilities with continuous operations, indicate the start of the operating day for the purpose of calculating the amount of nonhazardous, nonputrescible, industrial solid waste received per operating day. (d) total acreage contained within the operating codisposal unit(s); (e) unit design capacity; (f) The operator of a facility shall demonstrate to the EA, pursuant to Title 27 California Code of Regulations section 20918, that there is no potential for adverse impacts on public health and safety or the environment based on a projection of methane gas generation. This information shall be certified in writing by a registered civil engineer or registered geologist. (g) The operator shall demonstrate evidence of acceptable closure and postclosure maintenance plans by providing written verification of compliance with DTSC, Title 22, Chapter 14 or Chapter 15, closure and postclosure maintenance plan requirements, if applicable, as they may be amended from time to time. (h) Notwithstanding anything to the contrary in Title 27, California Code of Regulations, Division 2, Chapter 6 (commencing with Section 22200), the operator shall demonstrate evidence of acceptable closure and postclosure maintenance cost, and operating liability financial assurance mechanisms by providing written verification of compliance with DTSC, Title 22, Division 4.5, Chapter 14, Article 8 (commencing with Section 66264.140) financial assurance requirements, or Chapter 15, Article 8 (commencing with Section 66265.140), if applicable, as they may be amended from time to time. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18226. Report of Nonhazardous Ash Disposal Site Information. (a) Each operator of a nonhazardous ash disposal/monofill facility that is required to obtain a Standardized Solid Waste Facility Permit, as set forth in section 17377.3, shall, at the time of application, file a Report of Nonhazardous Ash Disposal Site Information with the enforcement agency. A Report of Nonhazardous Ash Disposal Site Information shall contain all of the information required in Title 27, California Code of Regulations, section 21600 with the exception of subsections: (b)(3)(A), (b)(4)(E), and (b)(8)(B). Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18227. Report of Composting Site Information. Each operator of a compostable material handling facility that is required to obtain a Compostable Materials Handling Facility Permit, as specified in Title 27, California Code of Regulations, Division 2, Subdivision 1, Chapter 4, Subchapter 1 and Subchapter 3, Articles 1, 2, 3, and 3.1 (commencing with section 21450), shall, at the time of application, file a Report of Composting Site Information with the EA as required by section 17863 of this Title. A Report of Composting Site Information shall contain the following: (a) A description of the processes to be used, including estimated quantities of feedstocks, additives, and amendments. (b) A descriptive statement of the operations conducted at the facility. (c) A schematic drawing of the facility showing layout and general dimensions of all processes utilized in the production of compost including, but not limited to, unloading, storage, processing, parking, and loading areas. (d) A description of the proposed methods used to control leachate, litter, odors, dust, rodents, and insects. (e) A description of the proposed emergency provisions for equipment breakdown or power failure. (f) A description of the storage capacity and anticipated maximum and average length of time compostable materials will be stored at the facility. (g) A description of compostable materials handling equipment used at the facility including type, capacity, and number of units. (h) Anticipated annual operation capacity for the facility in cubic-yards. (i) A description of provisions to handle unusual peak loadings. (j) A description of the proposed method for storage and final disposal of nonrecoverable or nonmarketable residues. (k) A description of the water supplies for process water required. (l) Identification of person(s) responsible for oversight of facility operations. (m) A description of the proposed site restoration activities, in accordance with section 17870. (n) An Odor Impact Minimization Plan pursuant to section 17863.4. Note: Authority cited: Sections 40502, 43020, 43021 and 43209.1, Public Resources Code. Reference: Sections 43020, 43021 and 43209.1, Public Resources Code. s 18230. Scope and Applicability. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18231. Definitions. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18232. Amount of Required Coverage. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18233. Acceptable Mechanisms and Combinations of Mechanisms. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18234. Trust Fund. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18235. Government Securities. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18236. Insurance. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18237. Self-Insurance and Risk Management. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18238. Financial Means Test. s 18239. Corporate Guarantee. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18240. Insurance and Environmental Fund. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18241. Substitution of Mechanisms by Operator. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18242. Cancellation or Nonrenewal by a Provider of Financial Assurance. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18243. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18244. Recordkeeping and Reporting. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18245. Release of an Operator from the Requirements. Note: Authority cited: Sections 40502 and 43040, Public Resources Code. Reference: Section 43040, Public Resources Code. s 18250. Scope and Applicability. Note: Authority cited: Sections 40502 and 43509, Public Resources Code. Reference: Sections 43020, 43021, 43501, 43509, 44001, 44002, 46022 and 46026, Public Resources Code; and Title 40, Code of Federal Regulations, Sections 258.60 and 258.61. s 18251. Definitions. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22, Government Code; and Sections 43020, 43021 and 46027, Public Resources Code. s 18255. Submittal of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d),Government Code; Reference: Sections 66796.22(b)(2) and 66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026, Public Resources Code. s 18256. Operation of a Solid Waste Landfill Without Approved Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code. s 18257. Maintenance of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 43022 and 46026, Public Resources Code. s 18260. Closure and Postclosure General Performance Standard. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(a) 66796.22(b)(2) and 66796.22(d), Government Code, and Sections 43020, 43021, 46026 and 46026, Public Resources Code. s 18261. Preliminary Closure Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code. s 18261.3. Contents of the Preliminary Closure Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022, and 46026, Public Resources Code. s 18262. Final Closure Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18262.3. Contents of the Final Closure Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18263. Closure Cost Estimates. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18264. Preliminary Postclosure Maintenance Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18264.3. Contents of the Preliminary Postclosure Maintenance Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18265. Final Postclosure Maintenance Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18265.3. Contents of the Final Postclosure Maintenance Plan. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(b) and 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18266. Postclosure Maintenance Cost Estimates. Note: Authority cited: Section 40502, 40508, and 43509, Public Resources Code. Reference: Sections 40508, 43020, 43021, 43501, 43509, 46022 and 46026, Public Resources Code; and Title 40, Code of Federal Regulations, Section 258.72. s 18267. Form of Application for Review of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b), 66796.22(d) and 66796.22(f), Government Code; and Sections 46022 and 46026, Public Resources Code. s 18268. Filing of Application and Transmittal of Copies. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 65943, 66796.22(b)(2), 66796.22(c) and 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code. s 18269. Public Notice. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code. s 18270. Evaluation of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(b), and 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 21080.5, 43200, 43202, 43203, 43209, 44012, 44014(b), 46022 and 46026, Public Resources Code. s 18271. Approval of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b) and 66796.22(d), Government Code; and Sections 21080.5, 46022 and 46026, Public Resources Code. s 18272. Amendment of Closure and Postclosure Maintenance Plans. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 46022 and 46026, Public Resources Code. s 18275. Certification of Closure. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 44006, 46022 and 46026, Public Resources Code. s 18276. Revision of Plans During Closure and Postclosure Maintenance. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Sections 66796.22(b)(2) and 66796.22(h), Government Code; and Sections 46022 and 46026, Public Resources Code. s 18277. Release From Postclosure Maintenance. Note: Authority cited: Sections 40502 and 43020, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(d), Government Code; and Sections 43020, 43021, 46022 and 46026, Public Resources Code. s 18280. Scope and Applicability. s 18281. Definitions. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18282. Amount of Required Coverage. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 43501, Public Resources Code. s 18283. Acceptable Mechanisms and Combinations of Mechanisms. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18284. Trust Fund. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18285. Enterprise Fund. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18286. Government Securities. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18287. Letter of Credit. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43601, Public Resources Code. s 18288. Surety Bond. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18289. Financial Means Test. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18290. Pledge of Revenue. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18291. Guarantee. Note: Authority cited: Section 40502, Public Resources Code; and Section 66796.22(d), Government Code. Reference: Section 66796.22(f), Government Code. s 18292. Federal Certification. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18293. Substitution of Mechanisms by Operator. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18294. Cancellation or Nonrenewal by a Provider of Financial Assurance. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18295. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18296. Depository Trust Fund. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18297. Record Keeping and Reporting. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18298. Release of an Operator from the Requirements. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43500-43610, Public Resources Code. s 18301. Scope. This article applies to the activities of EAs in enforcing the state minimum standards, permits, and related state solid waste laws and regulations within their purview. It also applies to the activities of the board in reviewing such activities of LEAs and in acting in the place of LEAs that have failed to take appropriate actions or, when the board is the EA in a particular jurisdiction. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 43216.5 and 45012, Public Resources Code. s 18302. Written Complaints of Alleged Violations. (a) Any person having information alleging a facility or operation is being operated without a required permit or notification, in violation of one or more terms or conditions of a permit, in violation of the state minimum standards, or in violation of any related state solid waste laws or regulations, or that a permit was obtained wholly or partially by misrepresentation or nondisclosure of relevant facts, may file a complaint regarding such allegation in writing to the EA. The compliant shall include the following: (1) The name, address and telephone number of the person making the complaint, however nothing in this chapter shall be construed to prevent the making of anonymous complaints by omitting the identity of the reporting party from the complaint; (2) The identity and location, if known, of the facility or operation and the names and addresses, if known, of the persons responsible for the violation; (3) The nature of the violation and/or the relevant misrepresented or non-disclosed facts; and (4) All known facts relevant to the alleged violation or likely to be of assistance to the EA in investigating the complaint, including but not limited to information relating to witnesses and physical evidence. (b) The person making the complaint may forward a copy to the board. (c) Upon receipt of a complaint, the EA shall within fifteen days examine the report and determine whether its allegations, if true, would constitute a violation of a state minimum standard, permit term or condition or any related state solid waste law or regulation. The EA shall make its determination on the basis of the substance of the allegations rather than on the basis of the complaint's technical compliance with the Act or this chapter. Should the EA determine that the complaint fails to allege facts constituting a violation of a state minimum standard, permit term or condition or related state solid waste law or regulation, it shall so advise the reporting party in writing at the address given in the complaint if an address is given and place a copy in its files. (d) The EA may decline to investigate a complaint if, in its judgment, investigation is unwarranted because the allegations are contrary to facts known to the EA. Should the EA decline to investigate on that ground, it shall so advise the complaining party in writing at the address given in the complaint if an address is given and place a copy in its files. (e) Except as provided in subsection (c) or subsection (d) of this section, the EA shall commence an investigation of the facts alleged in the complaint. (f) If an LEA has a complaint review and investigation initiation procedure that contains substantially the same basic requirements as this section, and accomplishes the intended purposes of this section within its board-approved EPP, it may follow that equivalent process in lieu of subsections (c), (d) and (e) of this section. Section 18302 is intended to insure that every person making a written complaint of an alleged unlawful condition at a solid waste facility or operation can assume that his or her complaint will receive appropriate attention. (g) If the board receives a complaint in a jurisdiction where it is not the EA, the complaint shall be forwarded to the appropriate LEA within 5 days of its receipt, unless the LEA has already received a copy from the complaining party. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43209, 44012, 44015 and 45000-45024, Public Resources Code. s 18303. Investigations. (a) The EA shall conduct investigations of allegations made to it as required by subsection (e) of Section 18302 or, if applicable, as required by its own equivalent complaint review and investigation initiation procedure as described in its board-approved EPP, and shall conduct investigations of all other disposal sites, facilities and operations where it has reason to believe violations exist. In addition, the EA shall conduct such periodic investigations as it deems necessary to insure compliance with all related state solid waste laws and regulations. In any investigation of possible violation of a health-related standard, the LEA, if it is not the local health department, shall consult as appropriate with the local health department concerning enforcement and any other related actions. If an investigation of possible violation of a health-related standard is conducted by the board, it shall obtain and consider the recommendation of the State Department of Health Services in addition to that of the local health department/health officer. (b) Investigations by LEAs shall be conducted in accordance with the procedures in their board-approved EPPs. The procedures shall include the requirements found in subsection (c). (c) The EA shall maintain a record of each investigation. The record shall include but not be limited to the following: (1) The names of all persons interviewed and the date ad location of each interview; (2) A description of all documentary and other physical evidence examined; (3) The dates, times, and locations of all inspections of the facility; (4) A list of correspondence, including any written reports by the permittee; (5) Any other evidence leading to resolve the issues. (6) A summary of the findings and conclusions of each completed investigation. (d) The summary of the findings and conclusions of each completed investigation shall be included in the next periodic inspection report, as applicable. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44100 and 44101, Public Resources Code. s 18304. Notices and Orders. (a) The EA as it deems appropriate or when required by statute, shall issue a notice and order pursuant to subsection (b) and section 18304.1 if, in the course of an investigation or at any other time, the EA determines that any facility, disposal site, operation or person(s): (1) Is in violation of Division 30 of the Public Resources Code; (2) Is in violation of any regulations adopted pursuant to Division 30; (3) Is in violation of any of the terms or conditions of the solid waste facility permit under which the facility or disposal site is operating; (4) Causes or threatens to cause a condition of hazard, or pollution; or (5) Poses a potential or actual threat to public health and safety or the environment. (b) The notice and order shall contain the following information: (1) The identity of the EA. (2) The name or names of each person or entity to whom it is directed. (3) A description of the facility, operation or site where the violation was documented with a specific description of the location of the violation (4) A description of the violation. (5) The statutes, regulations, or permit terms or conditions the EA has determined are being violated. (6) A schedule, as described in section 18304.1(a), by which the operator is to take specified action(s). (7) The penalty for not complying within the specified schedule, as described in section 18304.1(b). (8) A notice informing the owner/operator of their right to appeal the notice and order to the hearing panel under PRC 44307. (9) The date of issuance and signature of an authorized officer or employee of the EA. (c) The notice and order shall be accompanied by a declaration or affidavit under penalty of perjury of an employee or officer of the EA stating that the allegations contained in the notice and order are based either on personal knowledge or information and belief. If the basis of the allegations is the personal knowledge of the declarant or affiant, the declaration or affidavit shall state generally how such knowledge was obtained, including the date of any inspection. If the basis of the allegations is information and belief, the declaration or affidavit shall state generally the source of the information; however, in no case shall the identity of an informant be required to be revealed. (d) Within five business days of issuance of the notice and order, it shall be served on the owner and operator of the site, facility or operation, or person as applicable, in the following manner: (1) If the site or facility has been issued a permit, or if an application for the site or facility is pending, or if the EA has received a Notification for the operation, by certified mail, return receipt requested, to the address last given by the owner and operator or by personal service if certified mail attempts are unsuccessful; or (2) If no permit has been issued and no application is pending, or no Notification has been filed, by posting a copy at no less than one conspicuous place at the site or facility. Additional copies shall be mailed to addresses of the owner and operator if known to the EA. (e) A copy of any notice and order shall be sent to the board within five business days of issuance. Enforcement: For efficient administration, a single notice and order form will be used to initiate any of the various enforcement actions provided by the Act. However, it should be noted that certain enforcement actions are available only for certain types of violations. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. s 18304.1. Types of Notices and Orders; Enforcement Thereof. The EA shall include in a notice and order at least one of the orders listed in subsection (a), and shall include the applicable notices listed in subsection (b): (a) Orders (1) Corrective Action Order An order requiring the owner or operator of a facility, disposal site or operation to take specified action by a specified date to abate a nuisance, or to protect public health and safety or the environment. Example: Typical circumstances under which this order may be issued: Conditions at the facility, disposal site or operation are creating a nuisance or posing a threat to human health and safety or the environment. (2) Cease and Desist Order An order requiring the owner or operator of a facility, disposal site or operation to cease and desist any improper action, as specified in PRC section 45005, by a specified date. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, or causes or threatens to cause a condition of hazard, pollution or nuisance. (3) Compliance Order Upon any of the grounds specified in PRC section 45011(a)(1), an order establishing a time schedule according to which the owner or operator of the facility, disposal site or operation shall correct any violations and/or abate a potential or actual threat to public health and safety or the environment. Example: Typical circumstances under which this order may be issued: Facility, disposal site or operation is in violation of Division 30 of the Public Resources Code, any regulations adopted pursuant to Division 30, any corrective action or cease and desist order, or poses a potential or actual threat to public health and safety or the environment. A compliance order must be issued pursuant to PRC section 45011 as a prelude to the assessment of administrative civil penalties. (b) Notices (1) Notice informing the owner and operator that failure to comply by a specified date in a final corrective action order may result in the EA contracting for corrective action. Enforcement: As more fully described in PRC section 45000, if the owner or operator fails to take corrective action as specified in a final order by the specified date, the EA or the board may either take corrective action itself or contract for corrective action to be completed by an outside party. Corrective actions taken by the EA, the board, or an outside party will be at the expense of the owner, operator or both and are recoverable pursuant to PRC section 45000. (2) Notice informing the owner or operator that the EA may take action to impose administrative civil penalties upon failure to comply with applicable deadlines in a final compliance order. Enforcement: Pursuant to PRC section 45011, if the owner or operator fails to achieve compliance by applicable deadlines in the order, the EA may impose penalties through written notification to the owner or operator. The notification shall include the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final. (3) Notice informing the owner or operator that the EA is conditionally imposing administrative civil penalties in a specified amount per day with a specified start date for penalty accrual, upon failure to comply with applicable deadlines in a final compliance order. Enforcement: If the owner or operator fails to achieve compliance by applicable deadlines in the order issued pursuant to PRC section 45011, the EA shall notify the owner or operator in writing of the amount of the penalty and the due date for payment, which in no case should be later than 30 days after the date the order becomes final. (4) Notice informing the owner or operator that failure to comply by the deadline in a final order may result in the EA petitioning the superior court to enjoin the violations, and that continued violation after the granting of an injunction may be punishable as contempt of court. Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court. (5) Notice informing the owner or operator that upon failure to comply with a deadline in a final order, the EA may bring an action in the superior court to impose upon the owner or operator civil penalties. Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by filing an appropriate petition in superior court pursuant to PRC sections 45023 and 45024. (6) Notice informing the owner or operator that the EA, subject to the applicable requirements of PRC sections 44305 and 44306, may take action to suspend or revoke the permit for the facility upon failure to comply with applicable deadlines in a final order. Enforcement: If the owner or operator fails to comply by the deadline in a final order, the notice may be enforced by revoking or suspending the permit for the facility pursuant to PRC sections 44305 and 44306. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024 and 44305-44306, Public Resources Code. s 18304.2. Final Orders. An order becomes final when either: (a) A notice and order has been requested by the operator and/or owner to be reviewed by the local hearing panel, and the hearing process has been completed pursuant to PRC sections 44307 & 44310, and any subsequent appeals to the board or Superior Court have been resolved pursuant to PRC sections 45030-45042, or; (b) Within 15 days of receipt if no review was requested by the operator. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44307, 44310, 45017 and 45030-45042, Public Resources Code s 18304.3. Mandated Enforcement Actions. An EA shall take the following enforcement actions for specific violations or situations: (a) Issue a cease and desist order to cease operations immediately if the EA determines that a solid waste facility is operating without a permit or that an operation is operating without proper notification; (b) If a facility is included on the Inventory of Solid Waste Facilities Which Violate State Minimum Standards pursuant to PRC section 44104, the EA is required to develop a compliance schedule which ensures that diligent progress is made by the operator to bring the facility into compliance pursuant to PRC section 44106. The compliance schedule may be incorporated into a notice and order. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44002, 44104 and 44106, Public Resources Code. s 18304.4. Notice of Compliance Status. Whenever the LEA issues a notice and order pursuant to sections 18304 and 18304.1 or develops a compliance schedule, the LEA shall, 30 days after the final compliance deadline or expiration date in the order or schedule, provide notification of the compliance status with the order or schedule to the board. The notice of compliance status may be included as part of an LEA's periodic inspection report and shall include a determination as to whether the operator is in compliance with the notice and order or schedule and whether the notice and order or schedule has been completed, extended or enforced, as the LEA deems applicable and appropriate, along with the justification and reasoning for the determination. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. s 18304.5. Notification of Enforcement. Upon the taking of any action described in a notice as authorized by section 18304.1, the LEA shall within five business days advise the board of the action in writing and include a copy of any court documents that have been filed. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. s 18305. Enforcement of Notices and Orders. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45000-45300, 44501-44503 and 45505-45507, Public Resources Code. s 18306. Emergency Actions. (a) If the EA or the board determines that a violation exists that poses an imminent threat to public health and safety or the environment, the EA or the board may clean up, abate, or otherwise remedy the violation immediately upon failure of the owner and operator to take corrective actions by the deadline in a corrective action order issued pursuant to sections 18304 and 18304.1. An owner's or operator's request to review the EA's or board's action by a hearing panel pursuant to PRC section 44307, and any subsequent appeals, does not stay the effect of the order or prevent the EA or board from taking or contracting for corrective action. (b) If any action is taken pursuant to subsection (a) of this section, the EA or the board shall give notice in the manner specified in section 18304(d) to the owner and operator as soon as practicable, but in no case later than five business days after taking the action. A copy of the notice shall be transmitted to the board within five business days of issuance. (c) The EA or the board may bring an action in the superior or municipal court to recover the costs of emergency remedial measures. Upon the bringing of such an action, the EA shall advise the board of the action in writing accompanied by a copy of the complaint within five business days. When the board brings its own action in superior or municipal court, it shall notify the appropriate EA of the action in writing, accompanied by a copy of the complaint within five business days. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 45000-45024, Public Resources Code. s 18307. Actions to Suspend or Revoke a Permit. (a) If the EA determines that there is cause for suspension or revocation of a permit pursuant to PRC sections 44305 or 44306 respectively, and the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation, the EA may issue to the operator, via certified mail with return receipt requested or by personal service if certified mail attempts are unsuccessful, a Notice of Intent to Suspend (NIS) or a Notice of Intent to Revoke (NIR) the permit. The NIS or NIR shall inform the operator of the EA's intent to suspend or revoke the permit and of the operator's right to request the matter to be heard in front of the hearing panel pursuant to PRC section 44310. If the operator does not request a hearing within 15 days of receipt of the NIS or NIR, the EA may take action to suspend or revoke the permit without a hearing or it may hold a hearing prior to taking such action. (b) The EA may, in its discretion, precede the issuance of the NIS or NIR filing by service of an appropriate notice and order in the manner specified in section 18304, or it may include the NIS or NIR within a notice and order as long as the EA has previously notified the operator in writing of the violation or other condition which is cause for suspension or revocation. (c) Within five business days of issuing a NIS or NIR, the EA shall notify the board by providing it with a copy of the NIS or NIR. (d) If, after an NIS or NIR has been issued the proceeding to suspend or revoke a permit is terminated in any manner other than by decision of the hearing panel the LEA shall so advise the board in writing. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 44305-44310, Public Resources Code. s 18308. Enforcement Actions by Board. Note: Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45200, 45300 and 45506, Public Resources Code. s 18309. Use of Performance Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18310. Statement of Intent. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18311. Failure to Meet Performance Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18312. Review of Performance Standards. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18313. Inspection. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43020 and 43021, Public Resources Code. s 18350. Enforcement Actions by Board. (a) Should the board find good cause exists for the issuance of a notice and order (N&O) or for the taking of any other enforcement action and should the board further find that the LEA has failed to take such an action pursuant to the LEA performance criteria in section 18084, the board may take such an action after implementing the following procedures: (1) Request in writing an increased enforcement response by the LEA, consisting of additional enforcement action pursuant to its EPP and, if applicable, to a previously issued N&O, and offer technical assistance. The request shall include documentation of the lack of appropriate enforcement action on the part of the LEA; (2) If the LEA fails to respond within 30 days of receipt of the request with an increased enforcement response, the board shall issue a Notice of Intent to Take Action (NIA) to the LEA and the operator. The NIA shall include the date and time for a board hearing which shall be scheduled in no case earlier than 30 days from the date the NIA is sent; (3) If the LEA still fails to respond with an increased enforcement response, the board shall hold a public hearing regarding its intent to take action. At the hearing, the board may decide to take enforcement action or to take any other action to improve LEA performance pursuant to PRC section 43216.5. (b) In taking enforcement action, the board shall follow applicable procedures set forth for the EA in sections 18304 through 18307, as applicable. Notice of such action shall be given to the LEA in the same time and manner required for notice to the board by the LEA pursuant to section 18304(e). (c) Notwithstanding section 18350(a), if the board finds that the LEA's failure to take enforcement action causes an imminent threat to public health and safety or the environment, the board may take enforcement action, as it deems necessary without prior notification or hearing. (d) For purposes of this section, an imminent threat to public health and safety or the environment is defined as a condition which is creating a substantial probability of harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate the damages to persons, property, natural resources, or the public health or safety. (e) In taking any enforcement action related to health standards as defined in section 17205, the board shall coordinate its activities with the State Department of Health. Note: Authority cited: Sections 40502 and 43304, Public Resources Code. Reference: Sections 45000-45024, Public Resources Code. s 18351. Assumption of Duties of EA. (a) The board shall assume the duties of the EA upon occurrence of any of the following circumstances: (1) Upon agreement of the board and local governing body and designation of the board in the manner provided by law; or (2) Upon withdrawal of a designation where no new designation is made and approved. (b) Whenever the board assumes the duties of an EA, it shall so notify the appropriate local governing body within 10 days of its assumption of the duties. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 43202-43208, Public Resources Code. s 18352. Filing of Papers. s 18353. Hearing Panel. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44800-44801, Public Resources Code. s 18354. Appeals. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 45500-45504, Public Resources Code. s 18355. Fee Schedules. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 43212, 43213 and 44006, Public Resources Code. s 18360. Authority and Scope. (a) This Article sets forth the procedures associated with the Inventory of Solid Waste Facilities Which Violate State Minimum Standards, and the enforcement roles of both the enforcement agency and the board. (b) This Article is adopted pursuant to and for the purpose of implementing the California Integrated Waste Management Act of 1989 (Act) commencing with Section 40000 of the Public Resources Code, as amended. This article should be read together with the Act. (c) Nothing in this Article limits or restricts the power of any federal, state, or local agency to enforce any provision of law that it is authorized or required to enforce or administer, nor to limit or restrict cities or counties from promulgating laws which are at least as strict as the regulations contained in this Article. However, no city or county may promulgate laws which are inconsistent with the provisions of this Article. Note: Authority cited: Sections 40502, 43020 and 43021, Public Resources Code. Reference: Sections 40053, 43020 and 43021, Public Resources Code. s 18361. Definitions. The following definitions apply to Article 5.1. (a) "Compliance schedule" means a written plan with milestone dates to achieve compliance for State Minimum Standard (SMS) violations. The compliance schedule could be proposed by the operator and approved by the enforcement agency or directed by the enforcement agency. The compliance schedule may be a stand-alone document or in the form of a Notice and Order pursuant to California Code of Regulations section 18304. (b) "Executive director" means the executive director of the board or his/her designee. (c) "Inventory" means a list of solid waste facilities operating in the State of California that have multiple violation(s) of the state minimum standards for solid waste handling and disposal. State minimum standards regulate the design and operation of solid waste facilities in order to protect public health and safety of the environment in Title 14 or Title 27, California Code of Regulations. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code. s 18362. Notice of Intent to List a Facility for Inclusion on the Inventory. (a) If, at a permitted facility, the enforcement agency documents the same State Minimum Standards violation(s) for two consecutive months during its inspections, then the board will send a notice of intent letter to the operator and landowner of the facility. This letter is a notification to the operator/owner of a permitted facility that the board intends to place the facility on the Inventory if the violation(s) is not corrected within 90 days of receipt of the notice. The notice of intent letter will be sent by certified mail. (b) The board must consult with the enforcement agency verbally or in writing before sending a notice of intent letter to ensure that the notification is based on current information. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code. s 18363. Rescission of the Notice of Intent to List a Facility on the Inventory. (a) If the enforcement agency provides written documentation that the facility is no longer in violation of all of the standard(s) listed in the notice of intent letter during the 90-day notice of intent period, then a rescission letter will be sent to the operator and landowner by the board. The rescission letter will be sent by certified mail. (b) The enforcement agency must indicate compliance on an inspection report developed at the time compliance is determined or on the next inspection report after the determination. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code. s 18364. Inclusion of a Facility on the Inventory. (a) If the violation(s) listed on the notice of intent letter is not corrected on or before the 90th day subsequent to the operator's receipt of the notice of intent letter, then the board will send another letter to the operator and landowner as notification that their facility has been placed on the Inventory. The inclusion letter will state the violation(s) to be listed on the Inventory, including those on the notice of intent letter that have not been complied with, and will be sent by certified mail. (b) The board must consult with the enforcement agency verbally or in writing before sending out an inclusion letter to ensure that the notification is based on current information. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code. s 18365. Compliance Schedule. (a) Within 15 business days following the date of the inclusion letter, the enforcement agency must issue a compliance schedule to the operator of the facility pursuant to PRC 44106(a). Within 5 business days of issuance of the compliance schedule, a copy will be sent to the board. (b) The compliance schedule must have the final compliance date within one year from the date of the inclusion letter. The enforcement agency may issue a compliance schedule for more than one year but not to exceed two years, after informing the executive director in writing. A one-year extension beyond two years may be made prior to the expiration of the two-year period upon approval by the executive director. The executive director shall report any such approvals or disapprovals to the Board. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44106, Public Resources Code. s 18366. Removal of a Family from the Inventory. (a) When the enforcement agency provides the board with written documentation that the facility is no longer in violation of all the standard(s) listed on the inclusion letter, then a removal letter will be sent to the operator and landowner by the board. The removal letter will be sent by certified mail within 15 days of the receipt of the LEA documentation. (b) The enforcement agency must indicate compliance in an inspection report developed at the time compliance is determined or in the next inspection report after the determination. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44104 and 44106, Public Resources Code. s 18367. Publishing the Inventory. (a) The Inventory will be published twice a year in board meeting minutes. Updates to the published Inventory will be made as needed. (b) Each city council or county board of supervisors with a facility in its jurisdiction on the Inventory will receive a copy of the twice a year published Inventory. The jurisdiction will be notified when the facility is removed from the Inventory. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Section 44104, Public Resources Code. s 18368. Penalties. (a) The enforcement agency may issue enforcement orders as it deems appropriate pursuant to Public Resources Code, Division 30, Part 5 (commencing at section 45000) and Title 14, California Code of Regulations, Division 7, Chapter 5, Article 4 (commencing at section 18301). (b) The enforcement agency may revoke the permit of a solid waste facility that does not meet the requirements contained in the compliance schedule issued by the enforcement agency until the violation(s) of state minimum standards which caused the facility to be included in the Inventory are remedied, pursuant to Public Resources Code, Division 30, Part 4, sections 44305 and 44306, and Title 14, California Code of Regulations, section 18307. Note: Authority cited: Sections 40502 and 43020, Public Resources Code. Reference: Sections 44106 and 45000-45024, Public Resources Code. s 18400. Definitions. For the purposes of this article, the definitions found in Public Resources Code sections 46021-46028 shall apply unless otherwise indicated. The following supplementary definitions shall also govern the construction of this chapter: (a) "Approved lending institutions" means banking organizations, including national banking associations and state chartered commercial banks and trust companies; savings and loan associations; and state and federal agencies authorized to make loans, such as the California Pollution Control Financing Authority. (b) "Borrower" means an owner or operator of a solid waste landfill who applies for a loan, and meets the eligibility requirements set forth in section 18401 of these regulations. (c) "Default" means the failure of a borrower or debtor to pay, when due, the principal and/or the interest owed: (1) on an installment if the note is written for installment payments; or (2) on maturity of the note if the note is written for a lump sum payment; or (3) on demand of the lender if the lender has exercised the note's acceleration clause. In the absence of the conditions stated above, failure of the debtor to comply with terms or conditions attached to a note shall not in itself constitute a default that would allow the lender to file a claim against the guarantee. (d) "Qualifying" corrective actions are those actions which are required by a state or local enforcement agency to protect the public health or the environment, including but not limited to, events related to water contamination, air pollution, and methane gas migration at solid waste disposal facilities, and which are neither provided for in the closure or postclosure maintenance plans for a facility which are required by section 18255 of this Title; nor are required to be set forth in a facility's closure and postclosure maintenance plans by sections 18261 through 18265.3 of this title. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46021-46028, 46300-46301, 46303 and 46350-46353, Public Resources Code. s 18401. Loan Guarantee Criteria. The Board may guarantee a loan only if it determines that the borrower meets the following criteria: (a) The borrower has met the requirements, if applicable, of Public Resources Code section 46202. (b) The loan guarantee, if provided, shall be used to secure a loan from an approved lending institution to implement a qualifying corrective action, which is required to be taken pursuant to section 41805.5 of the Health and Safety Code or section 13273 of the Water Code, or pursuant to directions from a state or local enforcement agency. (c) The borrower is unable to secure adequate finances for a qualifying corrective action and has provided written evidence that this guarantee is necessary in order to secure adequate finances. Evidence may include, but is not limited to, credit evaluations from approved lending institutions indicating that a guarantee is needed in order for the loan to be made. (1) The landfill owner or operator shall have attempted to secure financing through conventional funding mechanisms. including but not limited to increased tipping fees, to cover the cost of implementing the corrective action. (2) The borrower is unable to obtain the required financing from any of its parent, subsidiary or associated enterprises. (d) If the facility is in the process of closing,the borrower must be undertaking the planned closure and postclosure maintenance activities. If any part of the facility has already been closed, the borrower must be undertaking the planned closure and postclosure maintenance activities on the closed portion. (e) The borrower is able to repay the loan. (1) Evaluation of the borrower's ability to repay shall be based on the borrower's financial statements for the previous three (3) years. (A) Each of these statements shall consist of a balance sheet, an income statement, and a statement of changes in financial position, all of which will have been prepared according to generally accepted accounting principles. (B) If the latest complete financial statement is more than six (6) months old, an interim financial statement not older than sixty (60) days shall be included. (2) If financial statements are not available, the borrower will provide other information acceptable to the Board which establishes a financial ability to repay the loan, such as: (A) Income tax returns, (B) Credit reports from Retail Credit Association and other credit reporting agencies, (C) An appraisal report showing the value of real and personal property which is suitable as collateral. (f) The loan which is to be guaranteed will be secured by collateral as the Board may require, such as, but not limited to, a mortgage or security interest in real estate, and buildings or personal property of the borrower. These items may only be subject to encumbrances that the Board may approve, such as, assignment or pledges of leases, and personal or corporate guarantees. Only the unencumbered equity portion of the property accepted as collateral shall be considered as collateral. Personal guarantees of the principals shall be required, unless reasons satisfactory to the Board are presented which justify not requiring such guarantees. (1) Real state or stationary machinery or equipment pledged as a significant portion of collateral for repayment of a guaranteed loan shall be located within the State of California. Real estate pledged as collateral shall not include land which has been used as a solid waste disposal site. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46303-46307, Public Resources Code. s 18402. Priority. The allocation of loan guarantee funds by the Board shall be in accordance with the following order of priority: (a) First priority will be given to applicants who need to secure financial resources for the mitigation of identified hazards to public health, damage to the environment, or nuisance to the public, of greatest severity, which are created by solid waste landfills and entail qualifying corrective actions as defined in section 18400 of this article. (b) In the event that applications to mitigate hazards of equal severity are received, priority will be given to those applications where it is shown that there will be the greatest increase in the costs associated with the anticipated corrective action, if the corrective action is delayed. (c) In the event that a priority between applications cannot be established by subsections (a) and (b), priority will be given to those applicants who demonstrate the best record of compliance with applicable law, regulations and permits required in the operation of landfill facilities. (d) In the event that a priority between applications cannot be established by subsections (a) through (c), priority will be given to those applications with the smallest dollar value, in order to allow the maximum number of guarantees to be made within the limits of the Loan Guarantee Program. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46306 and 46307, Public Resources Code. s 18403. Loan Guarantee Size. (a) The minimum loan amount that will be guaranteed is the smallest amount which an approved lending institution is willing to loan to the borrower. (b) The maximum loan guarantee amounts shall be subject to the following limitations: (1) A loan guarantee will not exceed $1,000,000 or the cost of the specified corrective action, whichever is less. (2) The total loan guarantee amount awarded to any one borrower will not exceed fifty percent (50%) of the balance of funds in the Account allocated for loan guarantees at the time the guarantee is awarded. The Board may guarantee a loan in excess of these limits if it determines that a guarantee with a greater value is necessary to mitigate hazards to public health, damage to the environment, or nuisance to the public. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300, 46301 and 46303, Public Resources Code. s 18404. Loan Guarantee Period. (a) A loan guarantee will expire sixty (60) months after the effective date of the guarantee of on the date the loan is repaid, whichever occurs first. (b) A guarantee may be renewed prior to its termination. The Board will determine whether to renew a guarantee using the same criteria and procedures used to establish a new loan guarantee. (c) A guarantee may exceed sixty (60) months if the Board determines that hazards to public health will exist, or damage to the environment will ensue, or a nuisance to the public will persist if a guarantee with a longer life is not made. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code. s 18405. Percentage of Guarantee. The Board may guarantee no more than ninety percent (90%) of the principal balance to be loaned. This guarantee shall obligate the Board to purchase from the lender the guaranteed portion of a loan in the event of a default, subject to the terms and conditions of the guarantee as specified in sections 18412 and 18413, and in the loan guarantee contract. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46303, Public Resources Code. s 18406. Reserve Ratio. The Board shall insure that at all times loan guarantee funds are held in reserve in an amount equal to no less than seventy-five percent (75%) of the total amount of the guaranteed principal and interest which is currently outstanding. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46300-46301, Public Resources Code. s 18407. Loan Interest. The rate of interest to be charged on guaranteed loans shall be negotiated between the lender and borrower. The lender shall inform the Board of agreed-upon interest rate for a loan at the time the loan is made. Note: Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Section 46303, Public Resources Code. s 18408. Application for Loan Guarantees; Fees. (a) A landfill owner or operator shall file an application for a loan guarantee to fund a corrective action at the principal place of business of the Board. (b) A landfill owner or operator shall file an application for a loan guarantee that includes information as specified in CIWMB Forms 201 (5/89), 202 (5/89) and 203 (5/89), which are incorporated by reference. Submittal of these forms is optional, but submittal of the information requested in these forms is mandatory. (c) A lender shall include information on an applicant as specified in CIWMB Form 204 (5/89), which is incorporated by reference. Submittal of this form is optional, but submittal of the information requested in this form is mandatory. (d) A minimum nonrefundable application fee of $250 or one-tenth (1/10) of one percent of the loan amount to be guaranteed, whichever is greater, shall be paid to the Board at the time of application to defray the Board's expenses in reviewing and processing the application. Note: Authority cited: Sections 40502 and 46201, Public Resources Code. Reference: Sections 46204, 46308 and 46309, Public Resources Code. s 18409. Board's Actions on Applications. (a) Upon receipt of an application for a loan guarantee made by a landfill operator or owner, the Board shall review the application to determine if the application is complete. If the application is not complete, it shall be returned and the applicant notified of the deficiencies in the application within thirty (30) days. The applicant may resubmit an application to correct the identified deficiencies one time without paying a new application fee. (b) Within ninety (90) days of the receipt of the complete application, the Board shall approve, modify or deny the application for a loan guarantee. (c) Upon approval of a requested loan guarantee, the Chairman of the Board shall insure that the criteria and priority imposed by sections 18401 and 18402, have been fully met. (d) Before a loan guarantee commitment is issued by the Board, the terms of a loan guarantee shall be set forth in a contract agreed to by the borrower, the lender, and the Board. (e) In the event the Board disapproves any application, the Board will notify the applicant of the disapproval and the reasons for the disapproval. The notice shall include a statement of the applicant's right to appeal for reconsideration upon meeting the requirements set forth in the notice of disapproval. An applicant may appeal for reconsideration one time without paying a new application fee. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46201, Public Resources Code. s 18410. Report of Fund Condition. (a) Guaranteed loans shall be subject to audit by the Board at any time, as the Board deems warranted. These loans shall be subject to audit by the Board from the time the guarantee is issued until three years after the guarantee has expired. (b) If, in the course of an audit, all accounting records of the loan expenditures are not available. the borrower will produce these records within sixty (60) days. If no ledgers exist, the borrower shall provide the Board with copies of source documents such as invoices, canceled checks, time sheets and payroll registers. It is the responsibility of the borrower to maintain proper accounting records. (1) In the event that an audit reveals that the borrower used any of the loan proceeds for purposes other than the corrective action for which the loan guarantee was awarded, the borrower will be in violation of the loan guarantee agreement. Dependent upon the scope of the misuse of funds, the Board shall take action, such as, requiring refunds of misspent funds, filing civil lawsuits or criminal prosecution. (c) Lenders shall verify in writing the condition of loans upon request by the Board. The verification shall consist of the terms of the loan, the repayment schedule, monthly payments, and any other information needed to monitor the financial condition of loans guaranteed. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Section 46205, Public Resources Code. s 18411. Default Claim Procedures. The following default claim procedures shall apply in the event a guaranteed loan is in default: (a) The lender shall notify the Board of the debtor's delinquency by mailed notice no later than the forty-fifth (45th) day of delinquency. (b) The lender shall supply the Board with copies of the notes, security agreements, guarantees and a summary of the loan's history, including where the loan is domiciled, the payment record, and a copy of the lender's liquidation plan by the sixtieth (60th) day of delinquency. (c) The lender may file with the Board its claim for payment under the terms of the guarantee as stipulated in section 18412, no earlier tan the ninetieth (90th) day of delinquency. This claim shall be for the guaranteed portion of the outstanding principal balance of the loan plus the accrued unpaid interest on the guaranteed amount. (d) Within forty-five (45) days from receipt of a claim for payment as a result of a delinquency, the Board shall notify the lender of its intent to purchase from the lender the guaranteed portion of the note for the amount specified in the claim. (e) From the time a loan payment is first delinquent until the guaranteed portion of the note and the accrued interest is paid by the Board, the lender shall take actions necessary to secure and exercise its position as a creditor. (f) On purchase of the guaranteed portion of a defaulted note by the Board, the lender shall assign the guaranteed portion of the note, security interest, and guarantees to the Board. The Board shall take the action it deems necessary and appropriate in order to secure payment from the debtor or the debtor's assets. (g) In the event the Board obtains recovery on a defaulted note after its purchase from the lender, the proceeds of the recovery, minus the cost of recovery, shall be shared between the Board and lender in proportion to the exposure the Board and lender respectively bore to the defaulted note. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code. s 18412. Terms of Guarantee. The Board shall be obligated to purchase no more than ninety percent (90%) of the outstanding principal balance and the accrued unpaid interest. In the event the lender requests the note be purchased, the Board shall pay the percentage of accrued interest guaranteed for the number of days the debtor has been delinquent, up to the day the Board notified the lender of its intent to purchase the note. Payment, however, shall be conditional upon the lender having met the conditions of the guarantee as stipulated in section 18413. In the event that the lender has recovered part of the collateral or security interest prior to reimbursement by the Board, only the difference between the recovered money and the guaranteed portion of the principal and the interest may be claimed against the loan guarantee fund by the lender. If the lender or the Board obtains recovery on a defaulted note after purchase and reimbursement by the Board, the recovery shall be paid to the Board and the lender in proportion to the exposure the Board and the lender respectively bore to the defaulted note after the deduction of its collection costs. No single claim shall, nor shall the aggregate of claims made by lenders, hereunder, exceed the amount allocated to the loan guarantee fund in the Account. The State shall not be liable or obligated in any way beyond the State money allocated to the loan guarantee fund in the Account. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46205 and 46350-46353, Public Resources Code. s 18413. Conditions of Guarantee. The Board shall honor its guarantee to a lender if: (a) The debtor is in default of the note, as defined in section 18400(c). (b) The lender has met the conditions for the issuance of the guarantee and has observed the lender's reporting and collection requirements as specified in sections 18410 and 18411. (c) The lender has complied with the terms of the loan guarantee contract. Note: Authority cited: Sections 46201 and 40502, Public Resources Code. Reference: Sections 46350-46353, Public Resources Code. NOTE: It having been found, pursuant to Government Code Section 11344, that the printing of the regulations constituting the Conflict of Interest Code is impractical and, being of limited and particular application, these regulations are not published in full in the California Code of Regulations. The regulations are available to the public for review or purchase at cost at the following locations: CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD 1001 I STREET SACRAMENTO, CA 95812 FAIR POLITICAL PRACTICES COMMISSION 428 J STREET, SUITE 800 SACRAMENTO, CA 95814 ARCHIVES SECRETARY OF STATE 1020 "O" STREET SACRAMENTO, CA 95814 The Conflict of Interest Code is designated as Chapter 6, Division 7 of Title 14, of the California Code of Regulations, and consists of sections numbered and titled as follows: Chapter 5.9. California Integrated Waste Management Board - Conflict of Interest Code Section 18419. General Provisions Appendix Note: Authority cited: Sections 87300 et seq., Government Code. Reference: Section 87300, et seq., Government Code. s 18420. Applicability. (a) The operator of a waste tire facility shall acquire a waste tire facility permit in accordance with the requirements of this Chapter and PRC section 42808, unless any of the following conditions exist: (1) The waste tires are stored or disposed at a permitted solid waste disposal facility. The permit of the solid waste facility shall be revised pursuant to Public Resources Code (PRC) section 44014 and shall conform to the requirements of Division 7, Chapter 3, Article 5.5. (2) The facility is using fewer than 5,000 waste tires for agricultural purposes and the waste tires have been rendered incapable of holding accumulations of water. (3) The facility is storing fewer than 500 waste tires. (4) The facility is a tire treading business and not more than 3,000 waste tires are kept on the premises. (5) (Reserved). (6) The facility is an automobile dismantler, as defined in Sections 220 and 221 of the Vehicle Code, who stores waste tires on the premises of the auto dismantler for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dismantler's premises. (7) The facility is a tire dealer who stores waste tires on the dealer's premises for less than 90 days if not more than 1,500 waste tires are ever accumulated on the dealer's premises. (b) For purposes of determining the applicability of this Chapter 6, altered waste tires shall be counted as passenger tire equivalents (PTE). (c) (Reserved) (d) For the purposes of Chapter 6, Articles 2 through 7 and Articles 9, 10 and 11 apply to operators and/or businesses described under Chapter 6, Article 1. (e) A "used tire dealer" is only authorized to lawfully accept used or waste tires without a waste tire facility permit if the used tire dealer is in compliance with Section 17225.820, Article 4.1, Chapter 3 and has fewer than 1500 waste tires in accordance with Section 42808(c). Note: Authority cited: Sections 40502, 42820, 42830 and 42966, Public Resources Code. Reference: Sections 42806.5, 42808, 42820, 42830, 42831, 42832, 44014 and 42950, Public Resources Code. s 18421. Scope. Note: Authority cited: Sections 40502, 42020 and 42830, Public Resources Code: Reference: Sections 42820 and 42830, Resources Code. s 18422. Definitions. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42800, 42820 and 42830, Public Resources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR. s 18423. Filing of Application. (a) Every operator of a new or existing major or minor waste tire facility shall submit to the Board a completed original and two (2) copies of the waste tire facility permit application, as specified in Article 4 of this Chapter. (b) Upon receipt of the application, the Board shall mark the application package with the date of receipt. Within 30 days of receipt, the Board shall examine the application package to determine whether it meets the requirements contained in this chapter and either accept the application as complete or reject the application. If the Board finds the application meets the requirements, the application shall be accepted as complete. If the Board determines that the application does not conform to the applicable requirements, it shall notify the applicant in writing enumerating the grounds for rejection. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code and Sections 15376 and 65943, Government Code. s 18424. Amendments to Application. (a) At any time after an application for a waste tire facility permit has been made and before issuance or denial of a permit or revision thereof, the applicant shall notify the Board of any changes to the required information on the application. Such notice shall be given by the filing of an amendment to the application. (b) If the Board determines that the amendment significantly alters the nature of the application, the Board may deem the amendment a new application. The new application shall supersede the previous application. In this case the time for the Board to act on the new application shall be computed from the date of filing of the amendment. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832 and 42833, Public Resources Code. s 18425. Permit Issuance. (a) With the exception of subsection (d), within 180 days of accepting a completed application, the Board shall either issue a permit or deny the issuance of a permit in accordance with Subsections (b) and (c), respectively, unless the applicant requests an extension of time. (b) Upon the applicant's compliance with this Chapter, the Board may make findings and issue the permit as provided in this Article. The permit shall specify the conditions under which the waste tire facility shall comply with this Chapter. (c) If the Board denies the issuance of a permit, it shall accompany its denial with a written explanation of its action. (d) If the Board is lead agency for the project, as defined in Government Code section 65929, for which an environmental impact report must be prepared pursuant to PRC section 21100, the Board shall have one year, from the date the application was accepted as complete, to issue or deny the issuance of a permit in accordance with subsections (b) and (c), respectively. If there has been an extension of time pursuant to PRC section 21100.2 to complete and certify the environmental impact report, the Board shall issue a permit or deny the issuance of a permit in accordance with subsections (b) and (c), respectively, within 90 days after certification of the environmental impact report. This extension of time may be extended once for an additional period, not to exceed 90 days, upon consent of both the applicant and the Board. (e) A copy of the current permit shall be made available upon request to the Board or an authorized employee or agent of the Board during an inspection of the facility. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821, 42822, 42832, 42833, 42840 and 42841, Public Resources Code and Sections 15376 and 65920-65961, Government Code. s 18426. Permit Renewal. (a) Except as provided in Section 18429, of this Chapter every permit shall expire five years after its issuance, renewal, or most recent revision. (b) At least 395 days prior to the expiration of an existing waste tire facility permit, the operator shall submit a completed original application for a waste tire facility permit and two (2) copies to the Board. (c) Sections 18423 through 18425 of this Chapter shall apply to the submittal and review of the application for renewal and the issuance of a permit. (d) If the Board determines upon review of the application for renewal that revision of the permit is not required, it shall inform the applicant of its decision and the basis for its decision. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42822, 42830, 42832, 42833, 42840 and 42841, Public Resources Code and Section 15376, Government Code. s 18427. Permit Revision. (a) Any permittee proposing to make a substantial change in the design or operation of the waste tire facility, the operator of the waste tire facility shall apply for a revision of the permit. The application shall be made in the manner specified in sections 18423 and 18424 of Article 2. Except as otherwise provided in this section, the application shall be handled in the same manner as an application for a new permit. (b) The Board may require the permittee to submit an application for revision if the revision is required to reflect changed state or federal statutes or regulations applicable to the facility. (c) Except as provided in Paragraph (b) of this section, the permittee may at any time withdraw an application by submitting a written request to the Board. (d) The permittee shall notify the Board in writing of each administrative change no later than seven (7) business days after the change is effective. Administrative changes shall include but are not limited to, changes to any information in the application that does not apply to the design or operation of the facility. (e) The Board will review the information provided and determine whether or not a permit revision is required. The applicant shall be notified in writing if the information is incomplete or if it is determined that a permit revision is required. If the owner/operator has satisfied all the requirements, Board staff will make applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42820, 42822, 42830 and 42833, Public Resources Code and Sections 15002, 15064 and 15382, State CEQA Guidelines, Title 14, CCR. s 18428. Change of Owner, Operator, and/or Address. Owners and/or operators of a facility who plan to sell, encumber, transfer or convey the ownership or operation of the facility or land to a new owner or operator, or who plan to change their address shall notify the Board 30 days prior to the date of the planned transaction. The new owner or operator is required to submit the following information: (1) Names(s), address(es), where notice can be sent and phone numbers(s) of the new owner/operator; (2) Documentation that the new owner/operator meets the financial assurance and operating liability requirements, when applicable; (3) A signed affidavit certifying that the owner/operator has read the governing permit and conditioning documents and will operate in accordance with the terms and conditions of the existing WTFP and conditioning documents and that all new information submitted is correct; and (4) Amendments to the application package to reflect the change in owner/operator, and/or facility name. The Board staff will make the applicable administrative changes to the permit and forward the applicable pages of the permit to the permittee. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code. s 18429. Penalty Schedule for Administrative Complaints. (a) Unpermitted Waste Tire Facilities: (1) Determine in Table 1 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense (intentional only). Match it up to the amount of tires at the site, and determine the base fine. Table 1 is to be used for violations of Public Resources Code, sections 42823, 42824, 42833, 42834, and California Code of Regulations, section 18420(a). Multiply the base fine by the applicable risk factor in Table 2A or Table 2B, dependent upon whether it is negligent or intentional, and determine the total fine/day that will be set. Multiply the total fine/day by the number of days past due with the Clean Up & Abatement Order deadline. Table 1# Type Of 500-4,999 5,000-9,999 10,000-19,999 20,000-49,999 50,000 or More Site/Operator Tires Tires Tires Tires Tires Negligent-Capacity Unpermitted WTF $500 $1,000 $1,500 $2,000 $3,000 Unpermitted WTF $2,000 $2,500 $3,000 $3,500 $4,000 (2nd Offense, etc.) Intentional-Capacity Unpermitted WTF $1,000 $2,000 $3,000 $4,000 $6,000 Unpermitted WTF $4,000 $5,000 $6,000 $7,000 $8,000 (2nd Offense) Unpermitted WTF $6,000 $7,000 $8,000 $9,000 $10,000 (3rd Offense, etc.) # Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835. Table 2A Enhancement Issue-Negligent Act Risk Factor Serious threat to Public Health and Safety, or the Environment. 1.00 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within 1,000 feet. Moderate threat to Public Health and Safety, or the Environment. 0.75 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within one mile, but more than 1,000 feet. No potential threat to Public Health and Safety, or the Environment 0.50 Table 2B Enhancement Issue-Intentional Act Risk Factor Serious threat to Public Health and Safety, or the Environment. 1.5 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within 1,000 feet. Moderate threat to public health and safety, or the environment. 1.25 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within one mile, but more than 1,000 feet. No potential threat to public health and safety, or the environment 1.00 (b) Permitted Waste Tire Facilities: (1) Determine in Table 3 whether or not this act is negligent or intentional, and whether is it the first, second, or third offense. Match it up to the amount of tires exceeding the permitted capacity at the site, and determine what the base penalty is. Table 3 is to be used for violations of the California Code of Regulations, sections 17351(c) and 17354 (a) & (b), or permit capacity only. Multiply the base penalty by the applicable risk factor in Table 4A or Table 4B and multiply that number by the amount of days past the Clean Up & Abatement Order deadline to determine the total fine. Determine what other types of violations were observed in Table 5, determine the appropriate penalty amount -in accordance with the criteria established in PRC section 42852, and add these penalties to the total fine. Table 3# (For Violations Of 17351(c), 17354 (a) & (b), Or Permit Capacity only) Type Of Site/Operator 1-4,999 5,000 10,000-19,999 20,000-49,999 50,000 -9,999 or More Tires [FNa1] Tires Tires Tires [FNa1] Tires [FNa1] [FNa1] [FNa1] Negligent Capacity Permitted WTF $500 $1,000 $1,500 $2,000 $3,000 Permitted WTF $2,000 $2,500 $3,000 $3,500 $4,000 (2nd Offense, etc.) Intentional Capacity Permitted WTF $1,000 $2,000 $3,000 $4,000 $6,000 Permitted WTF $4,000 $5,000 $6,000 $7,000 $8,000 (2nd Offense) Permitted WTF $6,000 $7,000 $8,000 $9,000 $10,000 (3rd Offense, etc.) [FNa1] Over permitted capacity FN# Total amount of penalty not to exceed maximum amounts specified in PRC sections 42825 and 42835. Table 4A Enhancement Issue-Negligent Act Risk Factor Serious threat to public health and safety, or the environment. 1.00 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within 1,000 feet Moderate threat to public health and safety, or the environment. 0.75 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within one mile, but more than 1,000 feet. No potential threat to public health and safety, or the environment. 0.50 Table 4B Enhancement Issue-Intentional Act Risk Factor Serious threat to public health and safety, or the environment. 1.5 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within 1,000 feet. Moderate threat to public health and safety, or the environment. 1.25 Residential homes, freeway/major roads, lakes, rivers, waterways and airports within one mile, but more than 1,000 feet. No potential threat to public health and safety, or the environment. 1.00 Table 5 Additional Penalties Range of Penalty Type of Violations equipment Waste Tires Outdoors $1,000/day (major) Violation of any Permit conditions (except capacity $500-$5,000 violation) Closure Closure Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42825, 42835, 42850 and 42852, Public Resources Code. s 18430. Reinstatement of Suspended and Revoked Permits. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42830 and 42841, Public Resources Code. s 18431. Application. An application for a new permit or an application for renewal or revision of an existing permit, for a major waste tire facility, shall include items (a) through (h) of this section. An application for a new permit or an application for renewal or revision for a minor waste tire facility permit shall include items (a) through (d) and (h) of this section. (a) A complete form CIWMB 500 "Waste Tire Facility Permit Application" (9/02), which is incorporated herein by reference. (See Appendix A.) (b) A completed form CIWMB 501 "Waste Tire Facility Operation Plan" (9/02) as specified in section 18432 of this Article, which is incorporated herein by reference. (See Appendix A.) (c) A completed form CIWMB 502 "Waste Tire Facility Environmental Information" (9/02) which is incorporated herein by reference. (See Appendix A.) (d) A completed form CIWMB 503 "Waste Tire Facility Emergency Response Plan" (9/02) as described in section 18433 of this Article. This form is incorporated herein by reference. (See Appendix A.) (e) A completed form CIWMB 504 "Waste Tire Facility Closure Plan" (9/02). This form is incorporated herein by reference. (See Appendix A.) (f) A completed Reduction/Elimination Plan as specified in section 18434 of this Article. (g) Financial assurance mechanisms and operating liability as specified in Articles 9 and 10 of this Chapter. These Article 9 and 10 forms are incorporated herein by reference. (See Appendix A.) (h) Verification that applicable local, state, and federal permits and approvals have been acquired by the applicant. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 21068, 21082.2, 42821 and 42832, Public Resources Code, Sections 15002, 15064 and 15382, State CEQA Guidelines and Sections 65940 and 65941, Government Code. s 18432. Operation Plan. (a) The Operation Plan, as required by 18431(b) shall demonstrate conformance with the technical standards contained in 14 CCR, Division 7, Chapter 3, Article 5.5. (b) The operator shall file amendments to the Operation Plan whenever necessary to keep the information contained in it current. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 41700, 42821 and 42832, Public Resources Code. s 18433. Emergency Response Plan. (a) The operator of the waste tire facility shall maintain a copy of the Emergency Response Plan at the facility. At the time of permit issuance the approved Emergency Response Plan shall be forwarded to the local fire authority by the permittee. The plan shall be revised as necessary to reflect any changes in the operations of the waste tire facility or requirements of the local fire authority. The local fire authority and the Board shall be notified of any changes to the plan within 30 days of the revision. (b) The operator of the facility shall immediately notify the Board in the event of a fire or other emergency if that emergency has potential significant off-site effects. Within 30 days of any such emergency, the operator shall submit to the Board a written report describing the cause(s) of the emergency, the results of actions taken, and an analysis of the success or failure of these actions. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18434. Reduction/Elimination Plan. (a) The operator of a major waste tire facility shall submit a detailed plan and implementation schedule for the elimination or substantial reduction of existing tire piles pursuant to Public Resources Code section 42821(b). Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18435. Closure Plan. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18440. Closure Commencement. (a) The operator of a major or minor waste tire facility shall comply with the requirements of section 18441 of this Article when closing the waste tire facility. (b) The operator of a major waste tire facility shall submit to the Board for approval an updated Closure Plan (Part B), Form CIWMB 504 (9/02) as specified in section 18442 of this Article, at least 120 days prior to the anticipated closure of the site. This time period shall not apply to facilities required to close in accordance with subsection (e). (c) The operator of a major waste tire facility shall receive approval in writing from the Board of the updated Closure Plan, prior to beginning closure of the site. (d) Operators of minor waste tire facilities shall receive written approval from the Board concerning the final planned disposition of waste tires prior to commencing closure. Approval shall be based upon the criteria in section 18441(a)(3) of this Article. (e) The operator of a major or minor waste tire facility shall cease to accept waste tires and shall immediately begin closure of the site in compliance with any closure conditions established in the permit and these regulations, and shall notify the Board in writing upon commencement, after receiving written approval from the Board in accordance with subsections (c) and (d), if: (1) The waste tire facility permit expires and renewal of the permit is not applied for, or it is revoked or denied; or (2) A Board order to cease operation is issued; or (3) The operator is unable to comply with the Articles in this Chapter or Article 5.5 of Chapter 3. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18441. Closure Conditions. (a) In closing the waste tire facility, the operator shall: (1) Close public access to the waste tire facility; (2) Post a notice at the entrance indicating to the public that the site is closed and the location of a site where waste tires can be deposited; (3) Remove all waste tires and tire residues in accordance with Article 8.5 of this Chapter to a destination facility(s) approved by the Board in the Closure Plan. Board approval of destination facilities, within the state, shall be based on the following criteria: (A) Destination facilities eligible for approval by the Board shall use one or more of the methods delineated in Public Resources Code section 42821(b). If waste tires are transported first to a collection facility, the operator of the closing facility shall provide documentation to the Board that the waste tires shall be transported from the collection facility to a destination facility approved by the Board within 90 days of receipt of each shipment of waste tires from the closing facility. (B) A Collection or destination facility shall meet the requirements of subsection (A), and the requirements associated with any of the following facility types: (i) the facility is a solid waste disposal facility permitted in accordance with section 18420(a) of Article 1; or (ii) the facility is a major or minor waste tire facility permitted under this Chapter; or (iii) the facility meets at least one of the requirements of section 18420(a)(2) and (4)-(6) of Article 1 and it meets the requirements of section 18420(b) of Article 1. (4) Remove any debris to a recycling facility or a permitted solid waste disposal site; and (5) Notify the Board when the closure activities are completed and the site is ready for inspection, and furnish the Board with manifests and trucking receipts or other documentation that tires and tire residues have been removed from the site and disposed of properly. (b) After receiving notification that site closure is complete, the Board may inspect the site. If all procedures have been completed in accordance with these regulations, and the waste tires have been transported to an approved destination facility if the waste tires were first transported to a collection facility as specified in section 18441(a) of this Article, the Board shall approve the closure of a major waste tire facility in writing. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18442. Closure Plan. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18443. Inspection. (a) The Board and/or the Enforcement Agency (EA) for the jurisdiction in which the waste tire facility is located shall inspect waste tire facilities for compliance with the applicable waste tire storage and disposal standards and any terms and conditions specified in the waste tire facility permit. (b) Prior to the initial issuance, renewal or revision of a major or minor waste tire facility permit the Board or the EA shall inspect the facility. After the issuance of a permit, a major waste tire facility shall be inspected by the EA at least once annually. Minor waste tire facilities shall be inspected at least once every two and a half years. (c) Reports of inspections conducted by the EA shall be submitted to the Board within 30 days of the date of inspection. If the inspection identifies a violation of the permit that is an endangerment to public health, safety or the environment, the EA shall file an inspection report within 7 days of the inspection. (d) Upon presentation of proper credentials, the Board or an authorized Board employee or agent, shall be allowed to enter the facility during normal working hours to examine and copy books, papers, records, or memoranda pertaining to the facility, and to conduct inspections and investigations pertaining to the facility. Note: Authority cited: Sections 40502, 42820, 42821, 42830 and 42832, Public Resources Code. Reference: Sections 42825, 42834, 42835 and 42845, Public Resources Code. s 18445. Record Keeping. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820 and 42830, Public Resources Code. s 18447. Retention of Records. Copies of all records required to be kept under this Chapter shall be retained by the operator for three (3) years at the place of business and shall be made available at the site during normal business hours for inspection and photocopy by any representative of the Board or any individual authorized by the Board. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42820, 42821, 42830 and 43832, Public Resources Code. s 18448. Certification of Records. (a) All records, summaries or reports submitted to the Board as required by this Chapter shall be signed by a person responsible for preparing and reviewing such documents as part of his or her duties in the regular course of business. (b) Any person signing a document submitted under this Chapter shall make the following certification: I certify that this document and all attachments were prepared under my direction or supervision. I have inquired of the person or persons who manage the system or those persons directly responsible for gathering the information, and certify that the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. Note: Authority cited: Sections 40502, 42820 and 42830, Public Resources Code. Reference: Sections 42821 and 42832, Public Resources Code. s 18449. Scope. (a) This Article specifies the procedures for waste tire hauler registration and tire manifest system requirements for waste tire haulers, retreaders, waste tire generators, and end-use facilities, including reporting and documentation requirements. (b) In addition to the regulations in this article, statutory provisions contained in Sections 42950 through 42967 of the Public Resources Code govern the Waste Tire Hauler Registration Program. (c) This article contains different reporting provisions for retreaders than for other waste tire haulers. However, the Board's new Comprehensive Trip Log reporting system will apply the same provisions to retreaders as to other waste tire haulers. In order to provide a transition period for retreaders, the existing provisions will continue to apply to retreaders during the period of time that emergency Comprehensive Trip Log provisions are in effect. However, upon the effective date of non-emergency Comprehensive Trip Log provisions in this Article, the Retreader Trip Log shall no longer be a valid CIWMB form and retreaders shall not be required to comply with sections 18450(a)(12), (19), and (20), 18456.2.1, 18459.2.1(b), 18460.2.1, and 18461(a)(1). The three year record retention provision in sections 18459.3(b)(1) and 18462(b)(1) shall continue to apply to retreaders. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42950 et seq., Public Resources Code. s 18450. Definitions. (a) For the purposes of this Article, the definitions found in: Public Resources Code Sections 42950-42967; and Chapter 3, Article 4.1, of this Division (commencing with Section 17225.701); and the following shall apply: (1) "Board" means the California Integrated Waste Management Board. (2) "Bond" means a surety bond issued by a California admitted insurance carrier. (3) "Business Name" means the name of the operation registered with the local government of the State of California; the business license name. (4) "Calendar Year" means January 1 through December 31 of any year. (5) "CIWMB" means the California Integrated Waste Management Board. (6) "Civil Penalty" means a fine assessed as a result of a violation of an applicable provision. (7) "Collection Center" See Facility. (8) "Commingled" means inextricably mixed together, in that the waste components cannot be economically or practically separated. (9) "Comprehensive Trip Log" means the California Uniform Waste and Used Tire Manifest System form developed by the Board pursuant to Public Resources Code, section 42961.5. The Comprehensive Trip Log is attached hereto as Appendix A (CIWMB 203, 03/05) and incorporated by reference herein. (10) "Electronic report" means electronic submittal of manifest information to the CIWMB by means of Electronic Data Transfer or Web-based data entry in accordance with the requirements set forth in s 18459.1.2. (11) "EDT Form" means a paper reporting form, approved by the Board, that is used by the hauler or responsible party for reporting manifest information in lieu of the required Comprehensive Trip Log. The EDT Form will contain the information required on the Comprehensive Trip Log. (12) "End-Use Facility" means the facility where used or waste tires are unloaded. (13) "Facility" means a waste tire facility, as defined in Public Resources Code Section 42808, a landfill authorized pursuant to Public Resources Code Section 42866, a facility authorized to accept used or waste tires pursuant to a state or local agency permit, or a facility which lawfully accepts used or waste tires as authorized under Title 14, Section 18420. (14) "Incidental Revenue" means 10% or less of total annual revenue for purposes of Public Resources Code Section 42954(a)(7). (15) "Invoice" means a document provided by a Retreader that contains the date of the transaction, the name of the customer and address, the Tire Program Identification Number of the generator or end use facility, the name of the retreader and address, the quantity of tire casings shipped. (16) "Load" means a single transaction (a pick up or delivery) of used or waste tires between the hauler and generator or the hauler and end-use facility. There may be one or more loads on a trip. (17) "Local Government" means a county, city, city and county, special district, joint powers agency or other political subdivision of the state. (18) "Manifest Form" means the California Uniform Waste and Used Tire Manifest Form developed by the Board that shall be completed by the waste tire hauler, waste tire generator, or facility, which shall accompany each shipment of used or waste tires. The Manifest Form is attached hereto as Appendix A (Form #647, 01/03) and incorporated by reference herein. (19) "New Tire Adjustment" means return or replacement of a new tire that is defective or damaged. (20) "Person" includes an individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, political subdivision, government agency, or municipality. (21) "Place of Business" means the actual physical location where waste or used tires are picked up from, delivered to, or stored. (22) "Registered Vehicle Owner" means the person in whom title is vested and/or to whom the vehicle is registered with the Department of Motor Vehicles for any jurisdiction, domestic and foreign, in which the vehicle is registered. (23) "Retreader" means a business, person, entity, individual, sole proprietorship, co-partnership, Limited Liability Company, corporation, who is in the business of retreading or recapping tire casings for reuse. The Retreader shall have a Manufacturer 3-Digit Identification issued by the United States Department of Transportation pursuant to Title 49, Code of Federal Regulations, s 574.5. A completed original form CIWMB 173 (4/04) "Retreader Self-Certification" which is attached hereto as Appendix A (CIWMB 173, 4/04) and incorporated by reference herein shall be completed by the Registered Waste Tire Hauler before being deemed by CIWMB to be a self-certified retreader. Notwithstanding provisions of the manifesting requirements, the Retreader is a registered waste tire hauler and shall comply with all waste tire hauler requirements. (24) "Retreader Trip Log" means the California Retreader Trip Log developed by the Board that shall be completed by the Retreader and shall accompany the tire casings during shipment for inspection, retreading or recapping. For the purposes of the Retreader Trip Log, this form shall only be used during the shipment of tire casings from the generator to the Retreading facility and on the return trip back to the generator, and the ownership of the tire casing(s) shall not change during either shipment. The Retreader Trip log meets the intent of Public Resources Code, section 42961.5 and is attached hereto as Appendix A (CIWMB 180, 03/04) and incorporated by reference herein. (25) "Revenue" is annual net income earned. (26) "Tire casing" is the carcass of a reusable tire that after inspection can be retreaded or recapped by a Retreader. (27) "Tire Trip Log" means the California Uniform Waste and Used Tire Trip Log developed by the Board that shall be completed by the waste tire hauler and shall accompany the waste tire hauler for each shipment of used or waste tires. The Tire Trip log is attached hereto as Appendix A (Form #648, 01/03) and incorporated by reference herein. (28) "Trip" means the hauling of waste or used tires that begins with a waste tire hauler's first pick-up of used or waste tires from a generator and ends with the hauler's last delivery of used or waste tires to an end-use facility, but in no case shall a trip exceed five (5) consecutive days. (29) "Unregistered Hauler & Comprehensive Trip Log Substitution Form" is the form to be completed by the generator and end use facility pursuant to the requirements set forth in ss 18461(b) and 18462(c). The Unregistered Hauler & Comprehensive Trip Log Substitution Form is attached hereto as Appendix A (CIWMB 204, 03/05) and incorporated by reference herein. (30) "Used and Waste Tire Generator" means any person who provides used or waste tires to a waste tire hauler; including, but not limited to auto dismantlers and automotive fleet service centers. (31) "Vehicle Description" includes the year, the model, the make of the vehicle, Vehicle Identification Number as defined in California Vehicle Code Section 671, and Vehicle License Plate Number, including state of issuance, as defined in California Vehicle Code Section 4850(a). (32) "Waste Tire Hauler Decal" is a decal issued by the Board, printed on specially prepared paper with a unique number, for affixing to the lower right hand corner of the windshield. (33) "Waste Tire Hauler Registration" means the documents, including the decal and registration form, issued by the Board, which authorizes the holder of the documents to legally haul waste tires within California for the period of issuance. (34) "Waste Tire Manifest System" means the California Uniform Waste and Used Tire Manifest System which includes the Comprehensive Trip Log, Retreader Trip Log, Manifest, and Tire Trip Log forms developed by the Board and all procedures and regulations applicable to the transportation of the used or waste tires from point of origin to final destination of the used or waste tires. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42954, 42955, 42956, 42958 and 42961.5, Public Resources Code. s 18451. Applicability of These Regulations. (a) Waste tire haulers, retreaders, waste tire generators, and end-use facilities shall comply with these regulations, unless exempted by Section 42954 of the Public Resources Code and applicable procedures set forth in Sections 18453-18453.2. (b) The return of new tire adjustments to the wholesale distributor or manufacturer under "warranty consideration" is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Article. The person transporting the tires must have in the vehicle documentation substantiating that the tires are being returned for "warranty consideration." Lack of documentation or false information will subject the transporter to enforcement and penalties under this Article. (c) "Tire Derived Product" being transported from the processing facility to the end-use facility is not considered used or waste tire hauling for the purposes, implementation, and enforcement of this Chapter. The hauler shall have a copy of the letter issued by the Board to the processing facility stating that the material is "Tire Derived Product" and a bill of lading accompanying the load. The letter and bill of lading shall be carried in the vehicle while transporting the "Tire Derived Product" from the processing facility to the end-use facility. Lack of documentation or false information will subject the transporter to enforcement and penalties under this Chapter. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42953 and 42954, Public Resources Code. s 18452. Exemptions from Registration As a Waste Tire Hauler. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code. s 18453. Exemption Certification for Agricultural Purposes or Common Carrier Hauling Used or Waste Tires on a Return Trip. (a) A person wishing to qualify for an exemption from waste tire hauler registration under Public Resources Code Section 42954(a)(5) and 42954(a)(6) shall certify in writing to the Board under penalty of perjury that they qualify for an exemption from registration as a waste tire hauler for agricultural purposes or under the common carrier exemption. This certification shall contain the following information: (1) The name of the individual and/or business. (2) The mailing address for the individual and/or business. (3) The name of the contact person. (4) The telephone number of the contact person. (5) The number of vehicles used. (6) The description of the business operation. (7) A certification statement by the operator as follows: "The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct." (8) The name and signature of the authorized agent on behalf of the business. (9) The date of certification. (b) Upon receipt of the certification letter, the Board will notify the applicant within 30 days if the certification for exemption is either: (1) incomplete, and if so, what specific information is required. (2) granted (3) denied, and if so, the reason(s) for denial. (c) If the agricultural purposes exemption or common carrier exemption is granted, the Board shall issue a non-transferable exemption document to be carried in the vehicle(s) used to transport the used or waste tires. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954 Public Resources Code. s 18453.1. Cost to Receive an Exemption from Waste Tire Hauler Registration. No fee is to be paid to the Board to certify an exemption from waste tire hauler registration. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code. s 18453.2. Valid Exemption Period and Renewal. (a) An exemption as described under Public Resources Code Section 42954(a)(5) and 42954(a)(6) shall be valid from the date of approval to January 1 of the following year provided that the information in the certification letter relied upon to qualify for the exemption remains unchanged. (b) A person wishing to continue to qualify for an exemption from waste tire hauler registration under Section 42954(a)(5) and (a)(6) of the Public Resources Code shall re-certify to the Board on an annual basis, and in accordance with the requirements in Section 18453. (c) All exemption certifications must be submitted 45 days prior to the expiration date. Renewed exemptions are valid for one calendar year, January 1 to January 1 of the following year. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code. s 18453.3. When Should an Exemption be Renewed? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42954, Public Resources Code. s 18454. Waste Tire Hauler Initial Registration. (a) Any person hauling 10 or more used or waste tires shall apply for a waste tire hauler registration, unless exempt pursuant to Section 18451, by submitting to the Board a completed original form CIWMB 60 (3/06) "Waste Tire Hauler Registration Application," which is attached hereto as Appendix A (Form #60, 3/06) and incorporated by reference herein and form CIWMB 61 "Waste Tire Hauler Bond" (2/02), which is attached hereto as Appendix A (Form #61, 2/02) and incorporated by reference herein. (1) For purposes of Public Resources Code Section 42960, it is presumed that any person transporting used or waste tires under a valid registration issued by the Board is an agent of the registered waste tire hauler. (b) An application may be submitted at any time. (c) The initial waste tire hauler registration is valid form the date of issuance to January 1 of the following year. (d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received the Board issued renewal registration card(s) and vehicle decal(s). (e) There is no fee paid to the Board to apply for an initial waste tire hauler registration. (f) The registration care and/or decal issued to a specific vehicle shall not be used for any vehicle not listed by the registered hauler. (g) A used and waste tire hauler registration is not transferable by the person to whom it was issued to any other person. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code. s 18454.1. Who Must Obtain an Initial Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code. s 18454.2. When Should I Obtain an Initial Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18454.3. How Long Is the Initial Waste Tire Hauler Registration Valid? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Section 42958, Public Resources Code. s 18454.4. How Do I Obtain an Initial Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code. s 18454.5. Are There Any Costs for the Initial Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955 and 42956, Public Resources Code. s 18455. Waste Tire Hauler Renewal Registration. (a) Any person may apply for renewal of a waste tire hauler registration by submitting to the Board a new completed form CIWMB 60. If the waste tire hauler bond has expired or has been cancelled, a new bond must also be submitted with the renewal application. (b) All renewed waste tire hauler registrations expire annually on January 1. (c) All waste tire haulers who wish to continue to operate as waste tire haulers shall submit application for a renewed waste tire hauler registration to be received by the Board no later then 45 days prior to the January 1 expiration date. (d) The waste tire hauler is not authorized to haul used or waste tires after the January 1 expiration date unless the waste tire hauler has applied to renew the waste tire hauler registration prior to expiration and has received Board issued renewal registration card(s) and vehicle decal(s). (e) There is no fee paid to the Board to apply for a renewed waste tire hauler registration. (f) The registration card and/or decal issued to a specific vehicle shall not be used for any vehicle not listed by the registered hauler. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code. s 18455.1. How do I Renew the Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18455.2. When Should I Renew a Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18455.3. Are there any Costs for Renewal of the Waste Tire Hauler Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42955, 42956 and 42958, Public Resources Code. s 18456. Waste Tire Hauler Registration Application and Retreader Self-Certification Form. (a) Copies of form CIWMB 60 and 61 and form CIWMB 173 can be obtained by contacting the California Integrated Waste Management Board, Special Waste Division, Hauler & Manifest Program, P.O. Box 4025, Sacramento, CA 95812, or accessing the California Integrated Waste Management Board website located at www.ciwmb.ca.gov/Tires/. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42954, 42955, 42956 and 42958, Public Resources Code. s 18456.1. Waste Tire Hauler Surety Bond Application Process. (a) The initial application shall be accompanied by an original surety bond in the amount of $10,000 on behalf of the business owner in favor of the State of California ( "surety bond"). The surety bond shall be completed by the insurance agent or bonding agent on form CIWMB 61 "Waste Tire Hauler Bond" (2/02), which is incorporated herein by reference. The surety bond shall be issued in the business name of the business owner as it appears on the application for registration as a waste tire hauler. The surety bond must be signed by a representative of the applicant. (b) The surety bond shall remain in full force and effect during all registration periods. Failure to maintain an adequate bond pursuant to Public Resources Code 42955(d), shall result in automatic cancellation of the waste tire hauler registration. The cancelled registration may be reinstated by the Board when a new surety bond is posted. (c) The surety company shall be licensed by the California Department of Insurance to transact the business of surety bonding in the State of California as an admitted insurance carrier. (d) If coverage is not available as specified in (c) above, the waste tire hauler may seek coverage by a surety which, at a minimum, shall be eligible to provide surety bonds as an excess or surplus lines surety in California. (e) If coverage is obtained as described in section (d), the surety shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon the terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6. (f) The Board or its designee may reasonably object to the use of any surety at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List. (g) The surety company shall become liable under the terms of the bond if the Board determines that the waste tire hauler has failed to comply with the provisions of Public Resources Code Section 42950 et. seq. or these regulations. The registered waste tire hauler is jointly and severally liable for the bond amount and any penalties, clean-up costs, or judgments resulting from hauling activities in violation of the Public Resources Code that exceed the bond amount. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955 and 42958, Public Resources Code. s 18456.2. Waste Tire Hauler Registration Process. (a) The Board shall inform an applicant in writing within 30 days from the date of receipt that the application is any of the following: (1) incomplete and what specific information is required to complete the application; (2) complete and approved with registration documents and vehicle decals; (3) denied and the reason(s) for denial pursuant to the Public Resources Code Section 42960. (b) Upon approval of the initial or renewal application, the Board will provide proof of registration in the form of decals and registration cards to the waste tire hauler. The Board will issue a waste tire hauler registration card and decal for each vehicle identified in the application. The registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the lower right hand corner of the windshield. (c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959, and 42961, Public Resources Code. s 18456.2.1. Retreader Self-Certification Process. (a) The Board shall inform the applicant for retreader self-certification in writing within 30 days from the date of receipt of the Retreader Self-Certification form of the following: (1) Whether the Self-Certification Form is complete; (2) If the Board determines that the Self-Certification Form is incomplete, the Board shall inform the applicant what specific information is required to complete the Certification Form; (b) Upon a Board determination that the Retreader Self-Certification is valid and complete, the Board will provide proof of Retreader Self-Certification in the form of decals and specifically designed Retreader registration cards to the Retreader for those vehicles either owned or leased by the retreader. The Board will issue a specifically designed Retreader registration card and decal for each vehicle identified by the Retreader. The Retreader registration card shall be carried in the corresponding vehicle. The decal shall be permanently affixed to the lower right hand corner of the windshield. (c) Registration cards and decals are not transferable from vehicle to vehicle. They shall be present in the vehicle to which they were issued. (d) If the Board determines at any time that the information in the Self-Certification Form is false, then the Board will deem the Self-Certification Form to be invalid, and will notify the applicant. In addition, the Board will determine whether an enforcement action is necessary. (e) Upon invalidation of the Retreader self-certification, the Retreader shall immediately return all unused Retreader Trip Logs and Retreader registration card(s) for each vehicle registered under the Retreader's Registration to the Board. (f) If the Retreader Self-Certification is invalidated, the Retreader shall not transport any tire casings unless in possession of a Comprehensive Trip Log (CIWMB 203) or tire trip log (CIWMB 648) and accompanying manifest (CIWMB 647) in accordance with Section 18459 requirements set forth for the waste tire hauler. (g) If the Self-Certification is deemed invalid, any hauling of tire casings not in accordance with Subsection (f) will be a cause for denial, suspension, or revocation of the Waste Tire Hauler Registration. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42960 and 42961, Public Resources Code. s 18456.3. Changes in Information Provided or Lost Registration Documents. (a) The waste tire hauler shall file a supplemental application to add or remove vehicle(s) on form CIWMB 60. The application shall be filed and approved by the Board before a vehicle is allowed to haul used or waste tires. (b) The Board shall inform the applicant in writing within 30 days that the application for an added vehicle is any of the following: (1) incomplete and what specific information is required to complete the application; (2) complete with registration document(s) and vehicle decal(s). (3) denied and the reason(s) for denial. (c) In the event of a change in ownership of the waste tire hauler business: (1) The owner shall notify the Board in writing 45 days prior to the change in ownership. (2) The new owner shall apply for and obtain a waste tire hauler registration in accordance with Section 18454. (3) The new owner may begin hauling used or waste tires when he/she has received the registration documents and vehicle decal(s) from the Board. (4) The Board will process the change in ownership in accordance with Section 18456.2. (5) Registrations are nontransferable. (d) Every registered waste tire hauler shall notify the Board in writing of any change in mailing address or phone number. Notice shall be given no more than ten (10) days after the change. The waste tire hauler shall inform the Board of the prior mailing address or phone number, the new mailing address and phone number, and the effective date of the change by mailing a letter to the California Integrated Waste Management Board, Special Waste Division, Hauler & Manifest Program, P.O. Box 4025, Sacramento, CA 95812. (e) The registered waste tire hauler shall submit a renewal application for any vehicle(s) for which decal(s) or registration(s) documents were lost. The Board will process the application as a renewal application under Section 18456. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18456.4. Temporary Registration of Alternate Vehicles. (a) Upon request, the Board may issue a single temporary registration certificate, specifically assigned to that registered waste tire hauler, once the Board has deemed a new waste tire hauler application complete or at the time of the yearly renewal. This certificate, for the use of a temporary vehicle, shall bear the hauler's company name, address, registration number, unique decal number, and the year the certificate is valid. (b) The certificate shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board. (c) The registered waste tire hauler shall notify the Board in writing within two (2) calendar days of when the temporary registration certificate is used. Written notification shall contain the following information: (1) Company name (2) Inoperable vehicle license plate number, if applicable (3) Inoperable vehicle assigned decal number, if applicable (4) Period of time required for temporary registration (5) Reason for temporary use (6) Temporary vehicle license plate number (7) Make/model of the temporary vehicle Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18456.6. What will the Board do with the Initial Waste Tire Hauler Registration Application Once it is Submitted for Review? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code. s 18456.7. What will the board do with the Waste Tire Hauler Registration Renewal Application Once it is Submitted for Review? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42958, 42959 and 42961, Public Resources Code. s 18456.8. When the Waste Tire Hauler Registration Application is Approved, What Documents Will be Provided to Me? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18456.9. If an Applicant Wishes to Obtain Registration for an Additional Vehicle, Does a New Application Need to be Submitted? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code. s 18456.10. If a Registered Vehicle has been Sold or is no Longer Used for Waste Tire Hauling, Must I Inform the Board? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code. s 18456.11. How Do I Notify the Board of a Change in Business Ownership? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code. s 18456.12. Do I Need to Notify the Board if I Change my Address? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956, 42958, 42959 and 42961, Public Resources Code. s 18456.13. What If I Lose the Decal(s) or Registration(s)? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42956 and 42958, Public Resources Code. s 18457. Waste Tire Hauler Registration Denial, Suspension, and Revocation. (a) The Board may refuse to issue or renew a waste tire hauler registration for failure to maintain a surety bond as required by Section 18455, and for the reasons stated in Public Resources Code Section 42960. (b) The Board may suspend or revoke a waste tire hauler registration pursuant to Public Resources Code Section 42960. (c) Upon suspension or revocation of the waste tire hauler registration, the waste tire hauler shall immediately return the decal(s) and registration card(s) to the Board. (d) The waste tire hauler shall not transport used or waste tires, nor own, operate, or be an officer of a waste tire hauling business entity or corporation during the period of suspension or revocation. Any hauling of used and waste tires during the period of suspension or revocation will be a cause for denial, suspension, or revocation of the registration, and may subject the waste tire hauler to civil penalties pursuant to this chapter, and/or criminal penalties pursuant to the California Vehicle Code Section 31560. (e) During the period of time for which a waste tire hauler's registration has been denied, suspended or revoked, neither the waste tire hauler, nor the waste tire hauler's vehicles, may be added to another waste tire hauler's registration. In addition, if the denial, suspension or revocation was the result of a particular driver'(s) actions, neither that driver, nor the driver's vehicles, may be added to another waste tire hauler's registration. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Resources Code. s 18457.1. Waste Tire Hauler Registration Suspension. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code. s 18458. Request for Hearing of Denial, Suspension, or Revocation of Waste Tire Hauler Registration. (a) If the Board refuses to issue or renew (denies) a registration, or suspends, or revokes a waste tire hauler registration pursuant to Public Resources Code Section 42960, the waste tire hauler may appeal that decision and request a hearing in accordance with Government Code Sections 11505 to 11519. The request for a hearing must be in writing and received by the CIWMB Legal Office at P.O. Box 4025, Sacramento, CA 95812, within 30 days after receipt of the denial, suspension, or revocation. The Board shall consider the original application, the reasons for denial, and any additional relevant information presented by the applicant. This decision shall be the final decision by the Board. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42960 and 42961, Public Resources Code. s 18458.1. What Steps Can I Take for Board Reconsideration of my Waste Tire Hauler Application? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42952, 42955, 42959, 42960 and 42961, Public Resources Code. s 18459. Waste Tire Manifest System Requirements. (a) The Board will provide blank forms: CIWMB 203, CIWMB 647, CIWMB 648, and CIWMB 180 at the time of initial or renewed waste tire hauler registration. These forms will be provided at no cost. CIWMB 180 shall only be completed by a Retreader. It shall be unlawful for a waste tire hauler, who is not a Retreader determined by the Board, to use a Retreader Trip Log. (1) The Manifest Form (CIWMB 647) and Tire Trip Log (CIWMB 648) may be used in lieu of the Comprehensive Trip Log; however, the Manifest Form and Tire Trip Log shall not be used after December 31, 2005. (2) In lieu of (a)(1), if approved on an individual basis by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log requirements of this section, may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board. The hauler shall provide a copy of their Board approved form to the generator or end-use facility for every waste or used tire transaction. (3) Additional forms may be obtained from the Board by request. (b) The Comprehensive Trip Log, Manifest Form, Tire Trip Log, and Retreader Trip Log shall be completed and signed under penalty of perjury by the appropriate representative, and accompany each shipment of used or waste tires from the point of origin to the facility. (c) The following persons and entities shall comply with the Waste Tire Manifest System: (1) waste and used tire hauler (2) used or waste tire generator (3) Federal, State, and local governments (4) person hauling used or waste tires for agricultural purposes (5) exempted commercial carrier (6) a facility (7) any person not included in Section 18459(c)(1) through (6) who gives, contracts, or arranges to have used or waste tires transported (8) any person not included in Section 18459(c)(1) through (6) who accepts used or waste tires (9) Retreader (d) For purposes of this section, "waste and used tire hauler" means any person engaged in the transportation of used or waste tires, including haulers that the Board approved as exempt from registration pursuant to Public Resources Section 42954. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code. s 18459.1. Tire Program Identification Number. (a) On or after July 1, 2003, every waste tire generator shall apply for and obtain a CIWMB assigned Tire Program Identification Number for each location from which used or waste tires are generated and transported from. Each location shall be assigned a unique site specific Tire Program Identification Number. (b) On or after July 1, 2003, every end-use facility shall apply for and obtain a CIWMB issued Tire Program Identification Number for each location where used or waste tires are accepted. Each location shall be assigned a unique site specific Tire Program Identification Number. (c) Every waste tire hauler shall be assigned a CIWMB issued Tire Program Identification Number, if not already assigned, at the time of registration. (d) Only one Tire Program Identification Number shall be assigned to any one business location. The Board shall issue a certificate with the Tire Program Identification Number for each location, which shall be posted by the operator in a conspicuous place. (e) Every waste tire generator, waste tire hauler, or waste tire end-use facility shall submit written notification to the CIWMB upon any change of business operator or owner, business name, or business address within 10 days of the change. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.1.2. Electronic Data Transfer and Web-Based Data Entry Requirements. (a) Pursuant to Public Resources Code Section 42961.5, any person may submit electronic reports to the Board in lieu of the required Comprehensive Trip Log, Retreader Trip Log, or Manifest or Tire Trip Log forms requirements with the following provisions: (1) The business entity shall complete and sign the application for the Electronic Data Transfer/Web Based Data Entry project. (2) The business shall be in good standing with the CIWMB and have no final administrative, civil, or criminal actions taken by the CIWMB or its representatives for violations of Chapter 3, Article 5.5 or Chapter 6 of these regulations. (3) The waste tire generator, waste tire hauler, Retreader, or end-use facility must demonstrate that they have sufficient technical competency to process and transmit the required information electronically. (4) The Business entity may use their own functionally equivalent form, once approved by the Board, in lieu of the Board required form. (b) The CIWMB may at any time terminate the businesses' eligibility to use electronic reporting based on violations of (a) or (c). (c) Any falsification, misrepresentation, or omission of a fact to the CIWMB, or its representative in the application for the Electronic Data Transfer/Web Based Data Entry project or the electronic transmission of manifest information may be cause to terminate the business' eligibility to participate in either the Electronic Data Transfer or Web-Based Data Entry programs. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.2. Waste Tire Hauler Manifest Form Signature Requirements. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.2.1. Submittal of the Comprehensive Trip Log, Manifest Form, Tire Trip Log, Retreader Trip Log, and Electronic Reporting to the Board. As provided in this section, the Comprehensive Trip Log, or Manifest Form and Tire Trip Log, or Retreader Trip Log shall be submitted to the CIWMB by the waste tire generator, waste tire hauler or Retreader as specified in (a), (b), (c), or (d). (a)(1) If the waste tire hauler chooses to use the Manifest form, the waste tire generator shall submit the completed original Manifest Form to the Board within ninety (90) days of the load shipment. The Manifest Form and Tire Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Manifest Form and the Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board. (2) If the waste tire hauler chooses to use the Tire Trip Log, the waste tire hauler shall submit the completed original Tire Trip Log to the Board within ninety (90) days of the load shipment. (3) The Manifest Form and Tire Trip Log shall not be used after December 31, 2005. (b) On or before January 1, 2006, the waste tire hauler shall submit a copy of the completed Comprehensive Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log shall be in the waste tire hauler's possession while transporting used or waste tires. The Comprehensive Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board. (c) If the waste or used tire is a tire casing being shipped for inspection, retreading, or recapping and is being transported by a Retreader, the waste tire generator may substitute an invoice for the required manifest form provided by the Retreader. The invoice shall contain the date of the transaction, the name of the customer and address, the Tire Program Identification Number of the generator or end use facility, the name of the retreader and address, the quantity of tire casings shipped. A copy of the invoice and Retreader Trip Log shall be in the Retreader's possession while transporting the tire casings. The copy of the invoice and Retreader Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the California Penal Code, or any local public officer designated by the Board. (1) The Retreader shall submit the completed Retreader Trip Log to the Board within ninety (90) days of the load shipment. (d) If approved by the Board pursuant to Public Resources Code Section 42961.5, any person that is subject to the requirements set forth in above (a), (b), or (c) may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and submit an electronic report within ninety (90) days of the load shipment to the Board, in lieu of submitting the required form. The electronic report shall include all information required to be on the Comprehensive Trip Log, Retreader Trip Log, or Manifest and Tire Trip Log forms. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.3. Maintenance of Comprehensive Trip Logs, Retreader Trip Logs, Manifest Forms and Tire Trip Logs. (a) The waste tire generator, and end-use facility shall retain a copy of the completed Manifest Form, receipt from the Comprehensive Trip Log, or Board approved EDT form at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request. (1) If the waste or used tire is a tire casing being shipped to or from a generator, or end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form or receipt from the Comprehensive Trip Log. This invoice shall be retained at the place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request. (b) The waste tire hauler shall retain a copy of the completed Board approved EDT form, Comprehensive Trip Log, or the Manifest Form and Tire Trip Log at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request. (1) The Retreader shall retain a copy of the completed Retreader Trip Log and corresponding invoices at their place of business for a period of three (3) years. These records shall be made available to any authorized representative of the Board upon request. (c) Any person using Electronic reporting, including used and waste tire generators and end-users, must retain a copy of the Board approved EDT form from the waste tire hauler or Retreader at their place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.4. Who Signs the Manifest? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.5. Who Receives Copies of the Manifest and When? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.6. Who Keeps Copies of the Manifest and For How Long? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18459.7. Where Do I Get Waste Tire Hauler Manifest Forms CIWMB-62? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42961.5 and 42962, Public Resources Code. s 18460. Waste Tire Hauler Manifest System Requirements. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code. s 18460.1. Waste Tire Manifest System Requirements for Agricultural Uses Exemption. (a) As provided in s 18459(a)(1), the agricultural exempt waste tire hauler shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board. (b) The agricultural exempt waste tire hauler shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information. (c) The agricultural exempt waste tire hauler shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the agricultural exempt waste tire hauler representative. (d) The agricultural exempt waste tire hauler may destroy the "hauler" copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log upon reaching the end-use facility. (e) The agricultural exempt waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires. (f) The agricultural exempt waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code. s 18460.1.1. Waste Tire Manifest System Requirements for Common Carrier Exemption. (a) As provided in s 18459(a)(1), the common carrier approved for exemption pursuant to Public Resource Code Section 42954 shall not transport 10 or more used or waste tires without having a copy of the Comprehensive Trip Log or Manifest Form and Tire Trip Log in the vehicle while transporting the used or waste tires. The Comprehensive Trip Log or Manifest Form and Tire Trip Log shall be shown upon demand to any representative of the Board, any officer of the California Highway Patrol, any peace officer, as defined in Section 830.1 or 830.2 of the Penal Code, or any local public officer designated by the Board. (b) The exempt common carrier shall leave one copy of the Manifest Form or receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form has been completed with the required information. (c) The common carrier shall keep one copy of the completed Comprehensive Trip Log or Manifest Form and Tire Trip Log. (d) The common carrier shall submit the completed original Comprehensive Trip Log or Tire Trip Log to the Board within ninety (90) days of the load shipment. The Comprehensive Trip Log or Tire Trip Log shall contain the signature of the common carrier representative. (e) If the used or waste tires are transported from a collection center, a new Manifest Form or receipt from the Comprehensive Trip Log shall be used until the waste tires reach an end-use facility. (f) The common carrier shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires. (g) The common carrier shall contact the Board and provide the name of the company, name of the person, and phone number of a waste tire generator, or end-use facility who does not properly complete the manifest. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954 and 42961.5, Public Resources Code. s 18460.2. Waste Tire Manifest System Requirements for Waste Tire Haulers. (a) The registered waste tire hauler shall show the waste tire generator the waste tire hauler registration for the vehicle being used to transport the used or waste tires. (b) As provided in s 18459(a)(1), the registered waste tire hauler shall complete a new Manifest Form or receipt from a Comprehensive Trip Log for each pick-up or delivery of any used or waste tires in accordance with the directions on the form. If a Manifest Form is used, each pick-up or delivery of used or waste tires shall also be entered on the Tire Trip Log in accordance with the directions on the form. The waste tire hauler shall not transport any used or waste tires without having a copy of the Manifest Form and Tire Trip Log or Comprehensive Trip Log in the vehicle transporting the used or waste tires. (1) As provided in s 18459(a)(2), the registered waste tire hauler may substitute their own functionally equivalent form, once approved by the Board, in lieu of the Board required form and substitute an electronic report for the Manifest Form and Tire Trip Log or Comprehensive Trip Log. (c) A vehicle may contain used or waste tires from different waste tire generators. Used or waste tires from each generator shall be accompanied by their own Manifest Form or receipt from the Comprehensive Trip Log from point of origin. (d) The waste tire hauler shall leave one copy of the Manifest Form or a completed receipt from the Comprehensive Trip Log with the waste tire generator, or end-use facility after the form or receipt has been completed. (e) The waste tire hauler shall keep one copy of the completed Manifest Form or Comprehensive Trip Log. (f) The waste tire hauler shall not haul used or waste tires to an end-use facility not legally authorized to accept used or waste tires. (g) The waste tire hauler shall contact the Board and provide the name of the company, name of the person, and phone number of the waste tire generator, or end-use facility who does not provide the necessary information to the hauler in order to complete the manifest or Comprehensive Trip Log. (h) The waste tire hauler shall not transport the used or waste tires without a properly completed Manifest Form and Tire Trip Log or Comprehensive Trip Log. (i) Those waste and used tire haulers exempt from registration pursuant to Public Resources Code section 42954 shall be required to comply with the manifest requirements of Subsections (b) through (h) if they haul a load of 10 or more waste or used tires; however will not be allowed to participate in the electronic reporting as provided in (b)(1). Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951, 42954, 42956 and 42961.5, Public Resources Code. s 18460.2.1. Waste Tire Manifest System Requirements for Retreaders. (a) A registered waste tire hauler meeting the requirements set forth in s 18450(a)(19) shall complete, sign under penalty of perjury, and submit the Retreader Self-Certification Form (CIWMB 173) to the Board before the Board deems that registered waste tire hauler to be a Retreader. (b) The Retreader shall show the waste tire generator the Retreader registration card for the vehicle being used to transport the tire casings. (c) The Retreader shall complete an invoice in accordance with ss 18459.2.1(c) and 18461(a)(1) for each pick-up or delivery of tire casings. Notwithstanding s 18459(d), each pick-up or delivery of tire casings shall also be entered on the Retreader Trip Log in accordance with the directions on the form. The Retreader shall not transport any tire casings without having a copy of the invoice and Retreader Trip Log in the vehicle transporting the tire casings. (d) A vehicle may contain tire casings from different waste tire generators. Tire casings from each generator shall be accompanied by their own invoice form from point of origin. (e) The Retreader shall leave one copy of the invoice form with the waste tire generator, or end-use facility after the invoice form has been completed. (f) The Retreader shall keep one copy of the completed invoice form. (g) The Retreader shall not haul tire casings to an end-use facility not legally authorized to accept used or waste tires. (h) The Retreader shall not transport the tire casings without a properly completed invoice form and Retreader Trip Log. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18460.3. What if the Tire Dealer/Waste Tire Generator Does Not Properly Complete the Manifest Form? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18460.4. What are Legally Authorized Waste Tire Sites? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18461. Manifest System Requirements for Waste Tire End-Use Facilities. The Waste Tire Manifest System requires specific actions on the part of end-use facilities including, but not limited to, the following. (a) As provided in s 18459.3(a), an end-use facility shall retain a copy of the Manifest Form, Board approved EDT form, or the completed receipt from the Comprehensive Trip Log provided by the registered hauler. (1) If a tire casing is being shipped to an end use facility for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form. (b) The waste tire end-use facility may accept the used or waste tires from waste tire hauler(s) who are not registered with the Board and/or have no manifest as provided below: (1) If waste or used tires are received from a registered hauler that does not have a Comprehensive Trip Log, the end use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) within 48 hours of the tire delivery and submit the form to the CIWMB within 90 days. (2) The end-use facility shall complete the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit it to the Board within 30 days of the acceptance of 10 or more waste or used tires from a person who is not registered as a waste tire hauler unless that person has written authorization by the Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption and is transporting no more than 20 waste or used tires to the end-use facility. (3) If the person is hauling 20 or more waste or used tires under the written authorization of a Local Enforcement Agency for purposes of an Amnesty Day Event or a One Time Exemption, the end-use facility shall report this information on the Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) and submit the form to the Board within 30 days of the acceptance of waste or used tires from that person. (c) End-use facility operators shall make available for review by the waste tire hauler any Board issued permit, exemption from waste tire facility permitting requirements, or any local permit or license allowing the storage of used or waste tires on the site. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42951 and 42961.5, Public Resources Code. s 18461.1. My Site Accepts Waste Tires. What Shall I do as the Operator of a Destination Facility if a Waste Tire Hauler Who is Not Registered With the Board and/or Has No Manifest Delivers Waste Tires to My Site? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18461.2. How Can I Demonstrate That My Facility is Authorized to Accept Waste Tires? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18462. Manifest System Requirements for Waste Tire Generators. (a) A waste tire generator shall not give, contract, or arrange with another person to transport used or waste tires unless that person is a registered waste tire hauler or is exempt under Public Resources Code Section 42954. (1) If a tire casing is being shipped from a generator for inspection, retreading, or recapping by a Retreader, an invoice as required pursuant to 18459.2.1(c) may be substituted for the Manifest form. This invoice shall be retained at the place of business for a period of three (3) years and be made available to any authorized representative of the Board upon request. (b) As provided in s 18459.3(a), a waste tire generator shall retain a Board approved EDT form, completed receipt from the Comprehensive Trip Log provided by the hauler, or, retain a copy, and forward the original Manifest Form to the Board. (c) If waste or used tires are removed from the generator's location by a registered waste tire hauler and a completed receipt from the Comprehensive Trip Log is not provided, the generator shall complete a Unregistered Hauler & Comprehensive Trip Log Substitution Form (CIWMB 204) within 48 hours of the tire removal and submit the form to the CIWMB within 90 days. Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42954, 42961.5 and 42962, Public Resources Code. s 18462.1. Can I Give Tires to a Person Wanting to Haul my Waste Tires but Who Doesn't Have a Registration or is Not Exempt From the Registration? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18462.2. Do I need to Know the Destination Site or Collection Facility for the Waste Tires? Note: Authority cited: Sections 40502, 42966 and 43020, Public Resources Code. Reference: Sections 42950, 42951, 42952, 42953, 42961.5 and 42962, Public Resources Code. s 18463. Civil Penalties. Any waste tire generator, end-use facility, or waste tire hauler or any party or person who commits any of the following acts shall be liable for a civil penalty: (a) Intentionally, or negligently violates any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resources Code relating to the generation, transportation or disposal of used or waste tires. (b) The aiding or abetting, or allowing of any violation, or noncompliance with any permit, rule, regulation, standard, or requirement pursuant to Chapter 19 of the Public Resource Code relating to the generation, transportation or disposals of used or waste tires. (c) Any violation of, or noncompliance with any order issued by the Board or by a hearing officer or a court relating to the generation, transportation or disposal of used or waste tires. (d) Any false statement, misrepresentation, or omission of a significant fact or other required information in the application for a waste tire hauler registration, Comprehensive Trip Log, Retreader Trip Log, Manifest Form or Tire Trip Log, or in information regarding these matters subsequently reported to the Board. (e) In addition to liability for a civil penalty, the Board may: (1) File a claim against any registered waste tire hauler surety bond for activities resulting from the illegal disposal of tires or injury. (2) Deny, suspend, or revoke a waste tire hauler registration. Note: Authority cited: Sections 40502 and 42962, Public Resources Code. Reference: Section 42962, Public Resources Code. s 18464. Amount of Civil Penalties and Administrative Penalty Schedule. (a) Civil penalties may be imposed administratively in accordance with the following penalty tables: 1. For waste and used tire haulers, tire generators, and end-use facilities, using Penalty Table I; A. Determine what violations have occurred. B. Determine the number of violations or offenses that have occurred. C. Add up the penalties to determine the applicable fine. Penalty Table I: For Tire Haulers, Tire Generators, and End-Use Facilities Violation Description 1st 2nd 3rd Offense Offense and of Violation Subse- que- nt Offen- ses PRC 42951(b) Failure of tire haulers to transport waste or used tires to a facility that is permitted, excluded, exempted, or otherwise authorized by the board, by statute or $1,000-$- $2,000-$- $3,0- 3,000 4,000 00-- $5,- 000 regulation, to accept waste or used tires, or to a facility that lawfully accepts waste or used tires for reuse or disposal. (major, minor). PRC 42952(b) Falsely advertising or representing himself or herself as being in the business of a waste and used tire $1,000-$- $2,000-$- $4,0- 2,000 4,000 00-- $5,- 000 hauler without being registered as a waste or used tire hauler by the board. Any person who gives, contracts, or arranges with another person to transport waste or used tires and fails to utilize a tire hauler holding a valid waste and used tire hauler PRC 42953 registration from the board (unless $500-$1,- $1,000-$- $2,00- 000 2,000 0-$- 3,0- 00 the tire hauler is exempted from registration requirements as specified in Public Resource Code Section 42954). PRC 42956 Failure to carry waste or used tire hauler registration in $100-$500 $1,000-$- $3,00- vehicle; 3,000 0-$- 5,0- 00 failure to permanently affix tire hauler decal to the lower right hand corner of the windshield. Failure to present waste or used PRC 42956(c) tire hauler registration upon the demand of an authorized $100-$500 $500-$1,- $1,00- 000 0-$- 1,7- 50 representative of the board. Comprehensive Trip Log, Manifest Violations, or Electronic reporting; including failure to submit the Comprehensive Trip Log, manifests, PRC 42961.5 or Electronic reporting on a quarterly basis, missing $100-$500 $500-$1,- $1,50- 000 0-$- 2,5- 00 information, incomplete information, and false information. Failure to maintain surety bond 18456.1(b) 000 2,000 0-$- 3,0- 00 registration periods. Failure to notify board of changes 18456.3 000 0-$- 2,0- 00 registration application form (CIWMB 60) as required by 14 CCR 18456.3. 2. For unregistered waste and used tire haulers, using Penalty Table II; A. Determine the number of violations or offenses. B. Find the number of tires hauled for each load. C. Determine whether any other violations listed in Table I have occurred and add that fine to the fine from Table II to determine the total fine. Penalty Table II: Violation of PRC section 42951(a) Violation 10-20 Tires 21-40 Tires 41-100 Tires More than 100 per Load per Load per Load Tires per Load Unregistered Hauler $100-$500 $500-$750 $500-$1,000 $1,000-$2,000 (1st Offense) Unregistered Hauler $500-$1,000 $750-$1,250 $1,000-$1,750 $2,000- $4,000 (2nd Offense) Unregistered Hauler $1,000-$1,750 $1,250-$2,0- $1,750-$2,750 $3,000-$5,000 00 (3rd Offense) (b) For administrative hearings held pursuant to Public Resources Code sections 42960 and 42962, a person waives the right to a hearing when that person fails to submit to the Board a Notice of Defense pursuant to Government Code section 11506 or CIWMB Request for Hearing form within 15 days of service of the administrative complaint on that person. Note: Authority cited: Sections 40502 and 42962, Public Resources Code. Reference: Sections 42960 and 42962, Public Resources Code; and Section 11506, Government Code. s 18465. Criteria to Impose a Civil Penalty. In assessing the amount of civil penalty, factors to be considered shall include, but are not limited to, the following: (1) The nature, circumstances, extent, and gravity of the violation. (2) Evidence that the violation was willful or negligent. (3) The good or bad faith exhibited by the party. (4) History of violation of the same or similar nature. (5) The extent to which the party has cooperated with the Board in remediating the violation. (6) The extent that the party has mitigated or attempted to mitigate any damage or injury caused by his or her violation. (7) Evidence of any financial gain resulting from the violation. (8) Such other matters as justice may require. Note: Authority cited: Sections 40502, 42962 and 43020, Public Resources Code. Reference: Section 42962, Public Resources Code. s 18466. Procedure for Imposing Civil Penalties. (a) Civil penalties may be administratively imposed pursuant to the Administrative Procedure Act Government Code Section 11500 et seq. (b) Civil penalties may be imposed pursuant to the Public Resources Code Section 42962 in the discretion of the trier of fact in the civil proceeding. Note: Authority cited: Sections 40502 and 42962, Public Resources Code. Reference: Sections 11500 and 42962, Public Resources Code. s 18470. Scope and Applicability. (a) This Article requires operators of major waste tire facilities to demonstrate adequate financial ability to conduct closure activities. (b) Operators of all major waste tire facilities, except state and federal operators, shall comply with the requirements of this Article upon application for issuance of a major waste tire facilities permit pursuant to Chapter 6, Article 1, section 18420. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18471. Definitions. (a) When used in this Article, the following terms shall have the meanings given below: (1) "Current Closure Cost Estimate" means the most recent estimate prepared in accordance with Chapter 6, Article 6, section 18442. (2) "Depository Trust Fund" means the fund established in conjunction with a surety bond or letter of credit and that meets the requirements of section 18474 of this Article. (3) "Enterprise Fund" means a fund established to account for the financing of self-supporting activities of a government unit that renders services on a user-fee basis. (4) "Government Securities" means financial obligations issued by a federal, state or local government, including general obligation bonds, revenue bonds, and certificates of participation. (5) "Letter of Credit" means a contract by which the issuing institution promises to extend credit on behalf of an operator to the Board or its designee, on presentation of the mechanism in accordance with its terms. (6) "Provider of financial assurance" means an entity, other than an operator, that provides financial assurance to an operator of a major waste tire facility, including but not limited to a trustee, an institution issuing a letter of credit, or a surety company. (7) "Surety Bond" means a contract by which a surety company promises that, if the operator fails to perform required closure activities, the surety company will be liable for the operator's responsibilities as specified by the bond. (8) "Trust fund" means a contract by which the operator transfers assets to a trustee to hold, on behalf of the Board or its designee, to pay closure costs. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18472. Closure Cost Estimate Adjustments. (a) An operator shall increase the closure cost estimate when changes to the closure plan increase the cost of closure. (b) An operator may reduce the closure cost estimate when changes to the closure plan decrease the cost of closure. The request for reduction shall be submitted with an application for renewal or revision of the permit for approval by the Board or its designee. (c) Each year, an operator shall submit to the Board or its designee, a report calculating the increase in the closure cost estimate due to the inflation factor for the previous calendar year. The inflation factor is derived from the annual Implicit Price Deflator for Gross National Product as published annually by the U.S. Department of Commerce, in its Survey of Current Business. The inflation factor is the result of dividing the latest annual published deflator by the deflator for the previous year. The operator shall adjust the closure cost estimate for inflation within 60 days of the anniversary date of the establishment of the financial mechanism for closure costs. The operator shall increase the monetary amount of the financial mechanism based on this inflation factor. (d) The mechanism(s) used to demonstrate financial responsibility shall be updated, no more than 60 days after a change in the amount of the current closure cost estimate covered by the mechanism(s). Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18473. Acceptable Mechanisms and Combination of Mechanisms. (a) Subject to the limitation of subsection (c) of this section, an operator shall use any one or any combination of the mechanisms specified which are defined in the following sections of this Article: (1) Section 18474, Trust Fund (2) Section 18475, Surety Bond (3) Section 18476, Letter of Credit (4) Section 18477, Government Securities (5) Section 18478, Enterprise Fund (6) Section 18478.5. State Approved Mechanism (b) If a combination of mechanisms are used, the operator shall designate one mechanism as "primary" and all others as "excess" coverage. (c) If an operator uses a trust fund in combination with a surety bond or letter of credit, the trust fund may be used as the depository trust fund for the other mechanisms. (d) An operator shall not combine a performance bond with any other mechanism(s). Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18474. Trust Fund. (a) An operator may establish a trust fund to meet the requirements of this Article. The trust agreement shall be submitted to the Board or its designee as an originally signed duplicate. The trustee shall be an entity which has the authority to act as a trustee, and whose trust operations are regulated and examined by a federal or state agency. (b) The trust agreement shall be worded as specified by using form CIWMB 140 "Trust Agreement" (12/91) which is incorporated herein by reference; and also shall contain original signature of the grantor and the trustee. (See Appendix A.) (c) The initial deposit to the trust fund shall be at least equal to the current closure cost estimate. (d) If the value of the fund is at any time less than the amount of the current estimate, the operator shall either deposit an amount into the fund so that the value of the fund at least equals the amount of the current closure cost estimate, or obtain other financial assurance, as specified in this Article, to cover the difference. (e) If at any time, the value of the trust fund plus the amount of coverage demonstrated by other mechanisms is greater than the closure cost estimate based on the maximum quantity of waste tires permitted for storage, the operator may request in writing that the Board or its designee authorize the release of the excess funds. After receiving such a request, the Board or its designee shall review the request and, if any excess funds are verified, shall instruct the trustee to release the funds. (f) After the Board or its designee has approved final closure, an operator or any other person authorized by the Board to perform closure, may request reimbursement for closure expenditures by submitting to the Board for review, documentation of those expenditures, including but not limited to tire receipts. After receiving the documentation for closure activities, the Board or its designee shall determine whether the closure expenditures are in accordance with the closure plan or otherwise justified. After the Board or its designee has approved final closure, the Board or its designee shall instruct the trustee, in writing, to reimburse the fund to the grantor. (g) The Board or its designee shall agree to termination of the trust when: (1) An operator substitutes alternate financial assurance as specified in section 18479 of this Article; or (2) The Board or its designee releases the operator from the requirements of this Article in accordance with section 18482. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18475. Surety Bond. (a) An operator may establish a surety bond to meet the requirements of this Article. The surety company issuing the bond shall, at a minimum, be among those listed as acceptable sureties on federal bonds in the most recent issuance of Circular 570 of the U.S. Department of the Treasury. (b) The surety bond shall be worded as specified by using one of the following forms which are incorporated by reference; (1) Form CIWMB 141 (1/92) "Performance Bond," which is incorporated herein by reference, for a surety bond guaranteeing performance (See Appendix A.); or (2) Form CIWMB 142 (1/92) "Financial Guarantee Bond", which is incorporated herein by reference, for a surety bond guaranteeing payment. (See Appendix A.) (c) An operator who uses a surety bond to satisfy the requirements of this Article, or the surety who issues the bond, shall also establish a depository trust fund which meets the requirements of section 18474 of this Article if: (1) An operator fails to demonstrate alternate financial assurance within 60 days after receiving notice of cancellation of the mechanism; (2) An operator fails to perform closure in accordance with the applicable approved closure plan and permit requirements when required to do so by the Board or its designee; or (3) A surety fails to perform such activities on behalf of the operator. This applies to the performance bond only. (d) Under the terms of the bond, all payments made from the bond shall be deposited by the surety directly into the depository trust fund. (e) A surety company shall become liable under the terms of the bond, if the Board or its designee determines that the operator has failed to perform closure as guaranteed by the bond. (f) Under the terms of the bond, a surety may cancel the bond by sending notice of cancellation by certified mail to the operator and the Board or its designee. Cancellation shall not take effect until 120 days after the date of receipt of the notice of cancellation by both the operator and the Board or its designee, as evidenced by the return receipts. (g) An operator may cancel a bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization from the Board or its designee to terminate the bond. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18476. Letter of Credit. (a) An operator may establish a letter of credit to meet the requirements of this section. The issuing institution shall be an entity which has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency. (b) The letter of credit shall be worded as specified by using form CIWMB 143 "Irrevocable Letter of Credit for Closure Costs" (12/91) which is incorporated herein by reference. (See Appendix A.) (c) The letter of credit shall be accompanied by a letter from the operator identifying the number, issuing institution, and date of issuance of the letter of credit; and the name, address, facility number, and amount of funds assured by the letter of credit for closure for each major waste tire facility. (d) An operator who uses a letter of credit to satisfy the requirements of this Article or the issuing institution shall also establish a depository trust fund which meets the requirements of section 18474 of this Article if: (1) An operator fails to demonstrate alternate financial assurance within 60 days after receiving notice of cancellation of the mechanism; or (2) An operator fails to perform closure in accordance with the applicable approved closure plan and permit requirements when required to do so by the Board or its designee. (e) Under the terms of the letter of credit, all payments made from the letter of credit shall be deposited by the financial institution issuing the letter of credit, directly into the depository trust fund. (f) The letter of credit shall: (1) Be irrevocable and issued for a period of at least one year; and (2) Provide that the expiration date will be automatically extended for a period of at least one year unless, at least 120 days before the current expiration date, the issuing institution notifies both the operator and the Board or its designee by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days shall begin on the date when both the operator and the Board or its designee have received the notice, as evidenced by the return receipts. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18477. Government Securities. (a) Government securities may be used to cover closure costs only for major waste tire facilities operated by government agencies. (b) The terms of issuance of government securities shall specify that proceeds from the sale of the securities shall be deposited into a financial assurance mechanism that meets the requirements of Section 18478(d) of this Article. (c) The securities shall have been issued and the proceeds deposited into the financial assurance mechanism that provides equivalent protection to a trust fund by meeting the following requirements: (1) Proceeds from the sale of securities shall be used exclusively to pay for closure activities; (2) The financial operations of the provider of the financial assurance are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly; (3) If the provider of financial assurance has authority to invest revenue deposited into the mechanism, the provider shall exercise investment discretion similar to a trustee; and (4) The mechanism meets other requirements that the Board determines are necessary to ensure that the assured funds shall be available in a timely manner. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18478. Enterprise Fund. (a) The enterprise fund may be used to cover closure costs only for major waste tire facilities operated by government agencies. (b) The enterprise fund shall dedicate its revenue exclusively or with exclusive first priority to financing closure activities. (c) The enterprise fund shall be established and the documents shall be worded as specified by using form CIWMB 144 "Enterprise Fund for Financial Assurances" (3/92), which is incorporated herein by reference. (See Appendix A.) The wording, however, may be modified to accommodate special circumstances on a case-by-case basis, as approved by the Board or its designee. (d) Revenue generated by an enterprise fund shall be deposited into a financial assurance mechanism which: (1) Provides equivalent protection to a trust fund as described in section 18474 of this Article; (2) Shall be funded within five years as described in Section 18474 of this Article; (3) Is used exclusively to finance closure activities and shall remain inviolate against all other claims, including any claims by the operator, the operator's governing body, and the creditors of the operator and its governing body; (4) Authorizes the Board or its designee to direct the provider of financial assurance to pay closure costs if the Board or its designee determines that the operator has failed to perform closure activities covered by the mechanism; (5) Is maintained by a provider whose financial operations are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly; (6) Is maintained by a provider who has authority to invest revenue deposited into the mechanism. (7) Meets other requirements that the Board determines are necessary to ensure that the assured amount of funds shall be available for closure activities in a timely manner. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18478.5. State Approved Mechanism. (a) An operator may satisfy the requirements of this Chapter by obtaining any other mechanism that meets the following criteria, and that is approved by the Board. (1) The financial assurance mechanism(s) must ensure that the amount of funds assured is sufficient to cover the costs assured when needed; (2) The financial assurance mechanism(s) must ensure that funds will be available in a timely fashion when needed; (3) The financial assurance mechanism(s) must be obtained by the operator before the first waste is received at a new facility and before any other financial mechanism is cancelled at existing facilities. The financial mechanism must be maintained until the operator is released from the financial assurance requirements under this Chapter. (4) The financial assurance mechanism(s) must be legally valid, binding, and enforceable under California and Federal law. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Sections 40502 and 42821, Public Resources Code. s 18479. Substitution of Mechanisms by Operator. (a) An operator may substitute any alternate financial assurance mechanism(s) acceptable to the Board or its designee as specified in this Article, provided that at all times the operator maintains an effective mechanism or combination of mechanisms that satisfies the requirements of section 18473 of this Article, and informs the Board of such substitution. (b) After obtaining alternate financial assurance, an operator may request that the Board or its designee terminate or authorize the termination of a financial assurance mechanism. The operator shall submit such a request in writing with evidence of alternate financial assurance. (c) Following written approval by the Board or its designee, the operator may cancel a financial assurance mechanism by giving notice to the provider of financial assurance. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18480. Bankruptcy or Other Incapacity of an Operator or Provider of Financial Assurance. (a) Within 10 days after commencement of a voluntary or involuntary proceeding under the Bankruptcy Code, Title 11, U.S.C. sections 101-1330 in which: (1) The operator is named as debtor. The operator shall notify the Board or its designee by certified mail of such commencement. (2) A provider of financial assurance is named as debtor, such provider shall notify the operator and the Board or its designee by certified mail of such commencement. (b) An operator shall be deemed to be without the financial assurances in the event of bankruptcy of its provider, or in the event of a suspension or revocation of the authority of the provider to issue such coverage. If such an event occurs, the operator shall demonstrate, to the Board or its designee, alternate coverage as specified in this Article within 60 days after receiving notice of the event. If the operator fails to obtain alternate coverage within 60 days, the operator shall notify the Board or its designee within 10 days of such failure. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18481. Recordkeeping and Reporting Requirements. (a) An operator shall maintain evidence of all financial assurance mechanisms until the operator is released from the requirements of this Article, as specified in section 18482. This evidence shall be maintained at each major waste tire facility, whenever possible, or at an alternate, designated location approved by the Board or its designee and which is accessible to the operator, and available for the Board or its designee to review. (b) An operator shall maintain the following types of evidence of financial assurance: (1) Trust Fund. An operator using a trust fund shall maintain a copy of the trust agreement and statements verifying the current balance of the fund. (2) Surety Bond. An operator using a surety bond shall maintain a copy of the bond and any amendments to the bond. (3) Letter of Credit. An operator using a letter of credit shall maintain a copy of the letter of credit and any amendments to the letter of credit. (4) Government Securities. An operator using government securities shall maintain a copy of the following: (A) All official resolutions, forms, letters or other pertinent documents generated to issue the securities; (B) The terms of issuance of the securities; and (C) With respect to the financial assurance mechanism into which proceeds from the issuance are deposited, the information listed in subsection (5)(C)1., 2., and 3. of this section. (5) Enterprise Fund. An operator using a enterprise fund shall maintain a copy of the following: (A) All official resolutions, forms, letters, or other pertinent documents generated to establish the fund; (B) The annual financial statements of the fund; and (C) With respect to the financial assurance mechanism into which enterprise fund revenue is deposited: 1. The mechanism, which shall identify the major waste tire facility(ies) and the current closure cost estimates covered by the mechanism; 2. A letter from an authorized officer of the institution maintaining the mechanism, identifying the amount of coverage provided by the mechanism as of the date of its establishment and each anniversary date of establishment; and 3. Documentation that the mechanism meets the requirements of section 18478(d) of this Article. (c) An operator shall submit current evidence of financial responsibility, as described in subsection (b) of this section, to the Board or its designee: (1) Whenever a financial assurance mechanism is established or amended. (A) In the case of a trust fund, letter of credit or surety bond, such documentation shall include the original mechanisms or amendments; (B) In the case of government securities such documentation shall include the information as specified in subsection (b)(4)(C) of this section. (C) In the case of the enterprise fund such documentation shall include the information as specified in subsection (b)(5)(C) of this section. (2) When a closure plan is required to be submitted as required in Article 6, or when the amendment of a cost estimate is required to be submitted as required in Articles 6 or 9; or (3) If an operator fails to increase the balance of a trust fund or an enterprise fund in accordance with section 18474(c) of this Article. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18482. Release from Financial Assurance Requirements for Closure Costs. (a) After approving the closure of a major waste tire facility as specified in Article 6 of Chapter 6, the Board or its designee shall notify the operator in writing, that the operator is no longer required by this Article to maintain financial assurance for closure of a particular facility; or (b) When operational control of a major waste tire facility is transferred, the existing operator shall remain subject to the requirements of this Article until the new operator provides acceptable financial assurances to the Board or its designee. The Board or its designee shall notify the previous operator in writing that they are no longer required to maintain financial assurance for closure of that particular facility. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18485. Scope and Applicability. (a) This Article requires operators of major waste tire facilities to demonstrate adequate financial ability to compensate third parties for bodily injury and property damage caused by facility operation. (b) Operators of all major waste tire facilities, except state and federal operators, shall comply with the requirements of this Article upon application for issuance of a major waste tire facilities permit pursuant to Chapter 6, Article 1, section 18420. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18486. Definitions. (a) When used in this Article, the following terms shall have the meanings described in Chapter 5, Article 3.5, section 18281: (1) "Assets"; (2) "Current assets"; (3) "Current liabilities"; (4) "Financial reporting year"; (5) "Liabilities"; (6) "Net working capital"; (7) "Net worth"; (8) "Parent corporation"; and (9) "Tangible net worth". (b) When used in this Article, the following terms shall have the meanings given below: (1) "Accidental occurrence" means an event, including pollution exposure, which occurs during the operation of a major waste tire facility prior to closure, that results in bodily injury and/or property damage, and includes continuous or repeated exposure to conditions, neither expected nor intended from the standpoint of the facility operator. (2) "Admitted carrier" means an insurance company entitled to transact the business of insurance in this state, having complied with the laws imposing conditions precedent to transactions of such business. (3) "Auto" means a land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment. But "auto" does not include "mobile equipment." (4) "Bodily injury" means any injury to the body, sickness or disease sustained by a person, including death resulting from any of these at any time. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury." "Bodily injury" excludes: (A) "Bodily injury" expected or intended from the standpoint of the operator. This exclusion does not apply to "bodily injury" resulting from the use of reasonable force to protect persons or property. (B) "Bodily injury" for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement. (C) Any obligation of the operator under a workers compensation, disability benefits or unemployment compensation law or any similar law. (D) "Bodily injury" to: 1. An employee of the operator arising out of and in the course of employment by the operator; or 2. The spouse, child, parent, brother or sister of that employee as a consequence of subsection (b)(4)(D)1 above. This exclusion applies: a. Whether the operator may be liable as an employer or in any other capacity; and b. To any obligation to share damages with or repay someone else who must pay damages because of the injury. (E) "Bodily injury" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading or unloading. This exclusion does not apply to: 1. Parking an "auto" on, or on the ways next to, premises the operator owns or rents, provided the "auto" is not owned by or rented or loaned to the operator; 2. "Bodily injury" arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of "mobile equipment", found in subsection 12 below. (5) "Corporate guarantee" means a contract meeting the requirements of section 18494 of this Article through which a guarantor promises that, if an operator fails to pay a claim by a third party for bodily injury and/or property damage caused by an accidental occurrence, the guarantor shall pay the claim on behalf of the operator. (6) "Excess coverage" means assurance for third party bodily injury and property damage costs that are above a specified level (i.e., above the primary coverage level or a limit of lower excess coverage) but up to a specified limit. (7) "Financial means test" means the financial assurance mechanism specified in section 18493 of this Article by which an operator demonstrates his or her ability to pay third party claims for bodily injury and property damage caused by accidental occurrences by satisfying the prescribed set of financial criteria. (8) "Government securities" means financial obligations meeting the requirements of section 18490 of this Article that are issued by a federal, state, or local government, including but not limited to, general obligation bonds, revenue bonds, and certificates of participation. (9) "Guarantor" means a parent corporation, or a corporation with a substantial business relationship to the operator who guarantees payment of a present or future obligation(s) of an operator. (10) "Insurance" means a contract meeting the requirements of section 18491 of this Article by which an insurer promises to pay a claim by a third party for bodily injury and property damage caused by an accidental occurrence. (11) "Legal defense costs" means expenses that an operator or a provider of financial assurance incurs in defending claims brought: (A) By or on behalf of a third party for bodily injury and/or property damage caused by an accidental occurrence; or (B) By any person to enforce the terms of a financial assurance mechanism. (12) "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment: (A) Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; (B) Vehicles maintained for use solely on or next to premises the operator owns or rents; (C) Vehicles that travel on crawler treads; (D) Vehicles, whether self-propelled or not, maintained primarily to provide mobility to permanently mounted: 1. Power cranes, shovels, loaders, diggers or drills; or 2. Road construction or resurfacing equipment such as graders, scrapers or rollers; (E) Vehicles not described in (A), (B), (C) or (D) above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types: 1. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or 2. Cherry pickers and similar devices used to raise or lower workers; (F) Vehicles not described in (A), (B), (C) or (D) above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos": 1. Equipment designed primarily for: a. Snow removal; b. Road maintenance, but not construction or resurfacing; c. Street cleaning; 2. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and 3. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. (13) "Primary coverage" means the first priority coverage for third party bodily injury and property damage costs up to a specified limit when used in combination with other coverage. (14) "Property damage" means physical injury to tangible property, including all resulting loss of use of that property, or loss of use of tangible property that is not physically injured. "Property damage" excludes: (A) "Property damage" expected or intended from the standpoint of the operator. (B) "Property damage" for which the operator is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the operator would have in the absence of the contract or agreement. (C) "Property damages" arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto" or watercraft owned or operated by or rented or loaned to any operator. Use includes operation and loading and unloading. This exclusion does not apply to: 1. Parking an "auto" on, or on the ways next to, premises the operator owns or rents, provided the "auto" is not owned by or rented or loaned to the operator; 2. "Property damage" arising out of the operation of any of the equipment listed in paragraph (F)2. or (F)3. of the definition of "mobile equipment", found in subsection 12 above. (D) "Property damage" to: 1. Property the operator owns, rents, or occupies; 2. Premises the operator sells, gives away or abandons, if the "property damage" arises out of any part of those premises; 3. Property loaned to the operator; 4. Personal property in the operator's care, custody or control; 5. That particular part of real property on which the operator or any contractors or subcontractors working directly or indirectly on the operator's behalf are performing operations, if the "property damage" arises out of those operations; or 6. That particular part of any property that must be restored, repaired or replaced because the operator's work was incorrectly performed on it. (15) "Provider of financial assurance" means an entity, other than the operator, that provides financial assurance to the operator of a major waste tire facility, including a trustee, an insurer, or a guarantor. (16) "Substantial business relationship" means a business relationship that arises from a pattern of recent or ongoing business transactions. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18487. Amount of Required Coverage. (a) An operator of one or more major waste tire facilities shall demonstrate financial responsibility for compensating third parties for bodily injury and property damage caused by accidental occurrences, including exposures to pollution. (b) The required amounts of coverage shall be: (1) $500,000 per occurrence with a $500,000 annual aggregate for each facility permitted for 5,000 to 200,000 tires or tire equivalents; or (2) $1,000,000 per occurrence with a $1,000,000 annual aggregate for each facility permitted for 200,001 tires or more or corresponding tire equivalents. (c) The required amounts of coverage shall be exclusive of legal defense costs, deductibles and self-insured retentions. (d) The required amounts of coverage shall apply exclusively to an operator's facility or facilities located in the State of California. (e) An operator may use one or more mechanisms to provide proof of financial assurance. (f) If a trust fund or government securities is depleted to compensate third parties for bodily injuries and/or property damages caused by accidental occurrences, the operator shall, within one year of the depletion, demonstrate financial responsibility for the full amount of coverage required by section (a) by replenishing the depleted mechanism(s) and/or acquiring additional financial assurance mechanism(s). Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18488. Acceptable Mechanisms and Combinations of Mechanisms. (a) Subject to the limitations of subsections (c) and (d) of this section, an operator shall use any one, or any combination of the mechanisms which are defined in the following sections: (1) Section 18489, Trust Fund (2) Section 18490, Government Securities (3) Section 18491, Insurance (4) Section 18492, Self-Insurance and Risk Management (5) Section 18493, Financial Means Test (6) Section 18494, Corporate Guarantee (7) Section 18494.5, State Approved Mechanism (b) If a combination of mechanisms are chosen, the operator shall designate one mechanism as "primary" and all others as "excess" coverage. (c) The government securities and self-insurance and risk management mechanisms are acceptable only for major waste tire facilities operated by government agencies. (d) The financial means test and corporate guarantee mechanisms are acceptable only for major waste tire facilities operated by private firms. (1) A private operator may combine a financial means test with a corporate guarantee only if, for the purpose of meeting the requirements of the financial means test, the financial statements of the operator are not consolidated with the financial statements of the guarantor. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18489. Trust Fund. (a) The trust fund shall have a trustee that is authorized to act as a trustee and whose trust operations are regulated and examined by a federal or state agency. (b) The trust agreement shall be established by using form CIWMB 145 "Trust Agreement" (12/91) which is incorporated herein by reference; and also shall contain original signature of grantor and trustee. (See Appendix A.) (c) If, at any time, the value of the trust fund is greater than the required amount of coverage minus the amount of coverage demonstrated by another mechanism, the operator may request in writing that the Board or its designee authorize the release of the excess funds. The Board or its designee shall review the request, and if any excess funds are verified, the Board or its designee shall instruct the trustee to release the funds. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18490. Government Securities. (a) The terms of issuance of government securities shall specify that proceeds from the sale of the securities shall be deposited into a financial assurance mechanism that meets the requirements of section 18490(b) below. (b) The securities shall have been issued and the proceeds already deposited into the financial assurance mechanism that provides equivalent protection to a trust fund by meeting the following requirements: (1) Proceeds from the sale of securities shall be used exclusively to pay claims by third parties for bodily injury and property damage caused by accidental occurrences and shall remain inviolate against all other claims, including any claims by the operator, the operator's governing body, and the creditors of the operator and its governing body; (2) The financial operations of the provider of the financial assurance are regulated by a federal or state agency, or the provider is otherwise certain to maintain and disburse the assured funds properly; (3) If the provider of financial assurance has authority to invest revenue deposited into the mechanism, the provider shall exercise investment discretion similar to a trustee; and (4) The mechanism meets other requirements that the Board or its designee determines are necessary to ensure that the assured funds shall be available in a timely manner. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18491. Insurance. (a) The issuer of the insurance policy shall be an insurer that, at a minimum, is licensed by the California Department of Insurance to transact the business of insurance in the State of California as an admitted carrier. (b) If coverage is not available as specified in (a) above, the operator may seek coverage by an insurer which, at a minimum, shall be eligible to provide insurance as an excess or surplus lines insurer in California. (c) If coverage is obtained as described in section (b) of this section, the insurance shall be transacted by and through a surplus line broker currently licensed under the regulations of the California Department of Insurance and upon terms and conditions prescribed in the California Insurance Code (CIC), Division 1, Part 2, Chapter 6. (d) The Board or its designee may object to the use of any insurer at anytime, whether before or after placement of coverage based on information obtained from, but not limited to, the Surplus Line Association of California, Best's Insurance Reports, and/or the Non-Admitted Insurers Quarterly List. (e) Each insurance policy shall be either: (1) Evidenced by a "Certificate of Liability Insurance" established by using form CIWMB 146 "Certificate of Liability Insurance" (12/91), which is incorporated herein by reference (See Appendix A.); or (2) Amended and evidenced by a "Liability Insurance Endorsement" established by using form CIWMB 147 "Liability Insurance Endorsement" (12/91), which is incorporated herein by reference. (See Appendix A.) Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18492. Self-Insurance and Risk Management. (a) To use the self-insurance and risk management mechanism an operator shall: (1) Be a public entity; (2) Be self-insured; (3) Employ a risk manager; (4) Have an active safety and loss prevention program that seeks to minimize the frequency and magnitude of third party damages caused by accidental occurrences and other self-insured losses; and (5) Have procedures for and a recent history of timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses; and (6) Satisfy any other reasonable conditions including but not limited to the submittal of audited financial statements that the Board or its designee determines are needed to ensure that the assured amount of funds shall be available in a timely manner. (b) This coverage shall be demonstrated by using form CIWMB 148 (12/91), "Certificate of Self-Insurance and Risk Management", which is incorporated herein by reference. (See Appendix A.) Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18493. Financial Means Test. (a) To pass the financial means test, an operator or a guarantor shall be a private entity and shall meet the criteria of section (c) or (d) based on independently audited year-end financial statements for the latest completed fiscal year. (b) The phrase "amount of liability coverage to be demonstrated by the test" as used in sections (c) and (d) refers to the amount of liability coverage required by section 18487 of this Article. (c) The operator or guarantor shall have: (1) Net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by the test; and (2) Tangible net worth of at least $10 million; and (3) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of liability coverage to be demonstrated by the test. (d) The operator or guarantor shall have: (1) A current rating for its most recent bond issuance of AAA, AA, A, or BBB issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's; and (2) Tangible net worth of at least six times the amount of liability coverage to be demonstrated by the test; and (3) Tangible net worth of at least $10 million; and (4) Assets located in the United States amounting to at least 90 percent of its total assets or at least six times the amount of liability coverage to be demonstrated by the test. (e) Within 90 days after the close of each financial reporting year, the operator or the guarantor shall submit the following items to the Board or its designee and, in the case of a guarantor, to the operator; (1) A letter on the operator's or guarantor's official letterhead stationary that is worded and completed as specified in form CIWMB 149 "Instructions for the Letter from the Chief Financial Officer Financial Means Test for Liability" (12/91), which is incorporated herein by reference and which contains an original signature of the operator's or guarantor's chief financial officer. (See Appendix A.) An operator or guarantor shall use form CIWMB 149 to demonstrate or guarantee financial responsibility for liability coverage only. If the operator or guarantor is using a similar financial means test to demonstrate liability coverage for facilities in California or other states, such as but not limited to, hazardous waste treatment, storage, or disposal facilities, or solid waste landfills, or other waste tire facilities, the operator shall list all facilities covered by the financial means test, whether in California or not. (2) A copy of an independent certified public accountant's report on examination of the operator's or guarantor's financial statements for the latest completed fiscal year, with a copy of the operator's or guarantor's financial statements for the latest completed fiscal year. (3) A letter from an independent certified public accountant stating that: (A) He or she has compared the data in the letter in section (e)(1), from the chief financial officer specified as having been derived from the financial statements for the latest completed fiscal year of the operator or the guarantor, with the amounts in the financial statements; and (B) Based on the comparison, no matters came to his or her attention that caused him or her to believe that the specified data should be adjusted. (4) If the operator or the guarantor is required to make such a filing, a copy of the operator's or guarantor's most recent form 10-K filed with the U.S. Securities and Exchange Commission. (f) The Board or its designee may require updated financial statements at any time from the operator or guarantor. If the Board or its designee finds that the operator no longer meets the financial means test requirements of sections (c) or (d) based on such reports or other information, including but not limited to, credit reports and reports from other state agencies, the operator shall obtain alternate coverage within 60 days after receiving the notification of such a finding. (g) If an operator using the financial means test fails to meet the requirements of the financial means test under sections (c) or (d), the operator shall obtain alternate coverage within 60 days after the determination of such failure. (h) If the operator fails to obtain alternate coverage within the times specified in sections (f) or (g), the operator shall notify the Board or its designee by certified mail within 10 days of such failure. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18494. Corporate Guarantee. (a) The guarantor shall be: (1) A parent corporation of the operator; or (2) A firm whose parent corporation is also the parent corporation of the operator; or (3) A firm engaged in a substantial business relationship with the operator and issuing the corporate guarantee as an act incident to that business relationship. (b) The guarantor shall meet the requirements of the financial means test under sections 18493(c) or (d) of this Article based on the guarantor's audited year-end financial statements. (c) The corporate guarantee shall be worded and completed as specified by form CIWMB 150 "Corporate Guarantee" (12/91), which is incorporated herein by reference. (See Appendix A.) (d) The terms of the corporate guarantee shall specify that if the operator fails to satisfy a judgment or an award for bodily injury and property damage to third parties caused by accidental occurrences, or fails to pay an amount agreed in settlement of a claim arising from or alleged to arise from such injury and damage, the guarantor shall satisfy such judgment, award, or settlement agreement up to the limits of the corporate guarantee. (e) If the guarantor fails to meet the requirements of the financial means test under section 18493(c) or (d) of this Article or wishes to terminate the corporate guarantee, the guarantor shall send notice of such failure or termination by certified mail to the operator and the Board or its designee within 90 days after the end of that financial reporting year. The corporate guarantee shall terminate no less than 60 days after the date that the operator and the Board or its designee have received the notice of such failure or termination, as evidenced by the return receipts. The guarantor shall establish alternate coverage as specified in section 18488 of this Article on behalf of the operator within 60 days after such notice, unless the operator has done so. (f) The Board or its designee may require updated financial statements at any time from a guarantor. If the Board or its designee finds, on the basis of such reports or information from other sources, including but not limited to, credit reports and reports from other state agencies, that the guarantor no longer meets the financial means test requirements of section 18493(c) or (d) of this Article, or any requirements of section 18494 of this Article, the Board or its designee shall notify the guarantor and operator of such finding by certified mail. The guarantor shall establish alternate coverage as specified in section 18488 of this Article on behalf of the operator within 60 days after such notice, unless the operator has done so. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18494.5. State Approved Mechanism. (a) An operator may satisfy the requirements of this Chapter by obtaining any other mechanism that meets the following criteria, and that is approved by the Board. (1) The financial assurance mechanism(s) must ensure that the amount of funds assured is sufficient to cover the costs assured when needed; (2) The financial assurance mechanism(s) must ensure that funds will be available in a timely fashion when needed; (3) The financial assurance mechanism(s) must be obtained by the operator before the first waste is received at a new facility and before any other financial mechanism is cancelled at existing facilities. The financial mechanism must be maintained until the operator is released from the financial assurance requirements under this Chapter. (4) The financial assurance mechanism(s) must be legally valid, binding, and enforceable under California and Federal law. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18495. Substitution of Mechanisms by Operator. (a) An operator may substitute any alternate financial assurance mechanism(s) as described in sections 18489 through 18494 of this Article, provided that at all times the operator maintains an effective mechanism or a combination of effective mechanisms, that satisfies the requirements of section 18488 of this Article, and informs the Board or its designee of such substitution. (b) In the event an operator obtains alternate financial assurance, it may request that the Board or its designee terminate or authorize the termination of the previous financial assurance mechanism. The operator shall submit such a request in writing with evidence of alternate financial assurance. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18496. Cancellation or Nonrenewal by a Provider of Financial Assurance. (a) Except as otherwise provided in section 18497 of this Article, a provider of financial assurance may cancel or not renew a financial assurance mechanism by sending a notice of termination by certified mail to the operator and the Board or its designee. (b) Termination of a corporate guarantee shall occur no less than 60 days after the date on which the operator and the Board or its designee have received the notice of termination, as evidenced by the return receipts. (c) Cancellation or nonrenewal of insurance or self-insurance and risk management coverage shall occur no less than 60 days after the date on which the operator and the Board or its designee have received the notice of termination, as evidenced by the return receipts; except in the case of non-payment of insurance premiums, in which case cancellation shall occur no less than 10 days after the date on which the operator and the Board or its designee have received the notice of termination. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18497. Bankruptcy or Other Incapacity of Operator or Provider of Financial Assurance. (a) Within 10 days after commencement of a voluntary or involuntary proceeding under the Bankruptcy Code, Title 11 U.S.C. sections 101-1330 in which: (1) The operator is named as debtor, the operator shall notify the Board or its designee by certified mail of such commencement. (2) A provider of financial assurance is named as debtor, such provider shall notify the operator and the Board or its designee by certified mail of such commencement. (b) An operator shall be deemed to be without the required financial assurance in the event of bankruptcy of its provider of financial assurance, or in the event of a suspension or revocation of the authority of the provider of financial assurance to issue a mechanism. If such an event occurs, the operator shall demonstrate alternate financial assurance as specified in this Article within 60 days after receiving notice of the event. If the operator fails to obtain alternate financial assurance within 60 days, the operator shall notify the Board or its designee within 10 days of such failure. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18498. Recordkeeping and Reporting. (a) An operator shall maintain evidence of all financial assurance mechanisms until the operator is released from the requirements as specified in section 18499 of this Article. This evidence shall be maintained at each major waste tire facility, whenever possible, or at an alternate, designated location approved by the Board or its designee and which is accessible to the operator, and available for Board staff review. (b) An operator shall maintain the following types of evidence, and shall maintain an original or copy of each mechanism used to demonstrate financial responsibility under this Article: (1) Trust Fund. An operator using a trust fund shall maintain a copy of the trust agreement and statements verifying the current balance of the fund. (2) Government Securities. An operator using government securities shall maintain a copy of the following: (A) All official resolutions, forms, letters, or other pertinent documents generated to issue the securities; (B) The terms of issuance of the securities; and (C) With respect to the mechanism into which the funds generated by the issuance are deposited: 1. Identify the major waste tire facilities covered by the fund and the amount of third party liability coverage; 2. Include a letter from an authorized officer of the institution maintaining the mechanism identifying the amount of funds provided by the mechanism as of the anniversary date of each mechanism for each year; and 3. Include a copy of the evidence documenting that the mechanism meets the requirements of section 18490(b) of this Article. (3) Insurance. An operator using insurance shall maintain the original or a copy of the insurance policy in addition to the original or a copy of the liability insurance endorsement or the certificate of liability insurance. (4) Self-Insurance and Risk Management. An operator using self-insurance and risk management shall maintain: (A) The name and qualifications of the currently employed risk manager; (B) Pertinent documents verifying the ongoing activity of the operator's safety and loss prevention program; and (C) Pertinent documents showing procedures for timely investigation and resolution of any claims for third party damages caused by accidental occurrences and other self-insured losses. (5) Financial Means Test. An operator using a financial means test shall maintain a copy of the information specified in section 18493(e) of this Article. (6) Corporate Guarantee. An operator using a corporate guarantee shall maintain documentation of the corporate guarantee as specified in sections 18494(a),(b), and (c) of this Article. (c) An operator shall submit the documentation of current evidence of financial responsibility listed in section 18498(b) to the Board or its designee whenever a financial assurance mechanism is established or amended: (1) In the case of a trust fund such documentation shall include the original mechanism and a copy of the current statement verifying the balance of the account; (2) In the case of government securities such documentation shall include the information as specified in section 18498(b)(2) of this Article; (3) In the case of a financial means test, or a corporate guarantee, such documentation shall include the original mechanism; or (4) In the case of insurance or self-insurance and risk management, such documentation shall include the original liability insurance endorsement, certificate of liability insurance, or certificate of self-insurance and risk management. (d) An operator shall submit written notice to the Board or its designee of the number of claims paid and the total dollar amount paid as a result of an accidental occurrence at an operating facility. This information shall be compiled for the previous calendar year and submitted to the Board or its designee by March 1st of each year. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18499. Release of an Operator from the Requirements. (a) After approving the closure of the major waste tire facility as specified in Article 6, the Board or its designee shall notify the operator and the provider of financial assurance in writing, that he or she is no longer required to demonstrate financial responsibility by this Article for third party operating liability, at the particular facility. (b) When operational control of a major waste tire facility is transferred, the existing operator shall remain subject to the requirements of this Article until the new operator provides acceptable financial assurances to the Board or its designee. Note: Authority cited: Sections 40502 and 42820, Public Resources Code. Reference: Section 42821, Public Resources Code. s 18499.1. Scope and Applicability. All operators of major waste tire facilities shall be subject to the requirements of this article, except state and federal operators. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. s 18499.2. Definitions. (a) "Degree of non-compliance" means the status of compliance of an operator with the financial assurance requirements. An operator is either: 1) partially out of compliance with the requirements ( "Minor"); or 2) completely out of compliance with the requirements ( "Major"). (b) "Potential for harm" means the degree to which operator's actions adversely affect the public health, safety and the environment. This potential is based on the number of tires for which that facility is permitted. (1) Major: 1,000,001 tires or more, or tire equivalents. (2) Moderate: 200,001 to 1,000,000 tires or tire equivalents. (3) Minor: 5000 to 200,000 tires or tire equivalents. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code. s 18499.3. Notice of Violation. (a) The CIWMB shall send a written Notice of Violation to an operator violating the requirements of Articles 9 or 10 of this Chapter (commencing with section 18470). (b) The Notice of Violation shall: (1) describe the violation which CIWMB staff believe is occurring; and (2) describe the consequences of continued failure to comply or respond. (c) All operators shall submit a response to a Notice of Violation within 10 working days from receipt of the Notice of Violation. (d) The CIWMB may consider all contacts with an operator as "good faith" efforts to comply with this Chapter, and the CIWMB may extend the timeframe for an operator to respond and/or comply, as the CIWMB deems necessary, to assure adequate financing for closure activities and operating liability. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. s 18499.4. Issuance of Notice and Order, Cleanup and Abatement Order, and/or Stipulated Notice and Order. (a) If an operator fails to respond to the Notice of Violation within the specified timeframe, the CIWMB shall draft and send a Notice and Order or Cleanup and Abatement Order to the operator. (b) An operator shall respond to the CIWMB with evidence of compliance, or request an alternate schedule for compliance, within 10 working days from receipt of the Order. (c) If an operator responds to the Order by offering partial compliance immediately, and full compliance over a period of time, which is acceptable to the CIWMB, the CIWMB may enter into a Stipulated Notice and Order with the operator. (d) If an operator fails to conform with the compliance schedule within the specified timeframe as provided in the Notice and Order, Cleanup and Abatement Order or Stipulated Notice and Order, further enforcement action may be taken by the CIWMB, as specified in the Notice and Order, Cleanup and Abatement Order, or Stipulated Notice and Order. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. References: Sections 40502, 42850 and 42850.1, Public Resources Code. s 18499.5. Compliance Options. (a) The CIWMB may consider compliance options other than imposing penalties, to assure adequate financing for closure activities and operating liability. The CIWMB may consider options that include, but are not limited to: (1) Placing restrictions on current financial assurance mechanism(s) being used by the operator such as more frequent reporting requirements. (2) Prohibiting use of current financial assurance mechanism(s) being used by the operator, and requiring the operator to establish an alternate mechanism as prescribed in section 18473 and 18488 of this Title. Note: Authority cited: Section 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1 Public Resources Code. s 18499.6. Penalty Calculations. (a) If the CIWMB chooses to impose a penalty, the daily penalty shall equal an amount determined by the gravity-based matrix, in Table 1, using the degree of non-compliance and the potential for harm as the deciding factors, added to the economic benefit an operator receives from noncompliance with this Chapter. Table 1. Degree of Non-Compliance Potential for Harm Major Minor $10,000 $904 Major to to $905 $804 ______________________________________________ $803 $702 Moderate to to $703 $652 ______________________________________________ $651 $550 Minor to to $551 $500 (1) The economic benefit portion of a penalty for lack of liability coverage shall be based on a minimum annual premium for liability insurance, as identified by a CIWMB survey of the insurance industry. The premium is multiplied by the number of years an operator is out of compliance (rounded up to the next whole year if a partial year of non-compliance exists). (2) The economic benefit portion of a penalty for lack of coverage for closure costs shall be based on the current cost of a letter of credit or bond, as identified by a CIWMB survey of the banking industry or insurance industry, respectively. The cost for a letter of credit or bond is multiplied by the pro-rata factor for the length of time of non-compliance. (b) Determinations of penalty amounts may be modified by the CIWMB for one or more of the following reasons: (1) Evidence that coverage has been subsequently provided, such as bank statements, letter from county treasurer verifying balance of fund, certificate demonstrating adequate coverage, etc. (2) Evidence of a payment schedule, if applicable, detailing the operator's good faith efforts has been subsequently provided, such as past deposits to the financial assurance mechanism, etc. (3) An operator's good faith efforts to comply or lack of good faith. (4) An operator's degree of willingness to comply. (5) An operator's history of compliance. (6) Other unique factors such as size of operation, threat to public health and safety and the environment. (c) Penalties may be pursued by the CIWMB administratively or through superior court as specified in Public Resources Code, sections 42850 and 42850.1. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850 and 42850.1, Public Resources Code. s 18499.7. Processing and Collection of Civil Penalty. Processing and collection of civil penalties shall be made by the CIWMB as provided in Public Resources Code Section 42855. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850, 42850.1 and 42855, Public Resources Code. s 18499.8. Appeals Process. Any aggrieved person may appeal a Notice and Order or Cleanup and Abatement Order by the CIWMB, according to Public Resources Code, section 42854. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42850, 42850.1 and 42854, Public Resources Code. s 18499.9. Continued or Recurring Violations. (a) If an operator pays an initial penalty but fails to correct the violation pursuant to Notice and Order or Cleanup and Abatement Order, or has recurring violations within a one year period from the date of the preceding Notice of Violation: (1) the CIWMB may re-initiate the enforcement process; (2) the CIWMB may pursue action to revoke a permit, according to Public Resources Code section 42843, and/or pursue closure of the facility; (3) the CIWMB may pursue both (1) and (2) above. Note: Authority cited: Sections 40502, 42850 and 42850.1, Public Resources Code. Reference: Sections 40502, 42843, 42850 and 42850.1, Public Resources Code. Note: Authority cited: Sections 68042 and 66770, Government Code and Section 24389, Health and Safety Code. Reference: Chapter 1 of Title 7.8 and Sections 66770, 66771, Government Code and Chapter 3.5 of Division 29, Health and Safety Code. s 18500. Scope. The regulations contained in chapter 7 pertain to the California Integrated Waste Management Board's requirements regarding activities related special wastes, including but not limited to household hazardous wastes. Note: Authority Cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40052 and 46400, Public Resources Code. s 18502. Definitions. (a) The following definitions shall apply to the regulations contained in this chapter. (1) "Act" means the Solid Waste Disposal Site Hazard Reduction Act of 1989 (Statutes of 1989, chapter 1095). (2) "Account" means the Solid Waste Disposal Site Cleanup and Maintenance Account described in section 46800 of the Public Resources Code. (3) "Applicant" means a city, county or local agency applying for a grant award. (4) "Board" means the California Integrated Waste Management Board. (5) "DTSC" means the Department of Toxic Substances Control. (6) "Fiscal Year" means the year commencing on the first day of July and ending on June 30 of each year. (7) "Grant" means an award of funds in either one of the following manners (A) "Discretionary Grant" means an award of funds to a city, county or local agency which is based on the evaluation and selection of the applicant's proposed or implemented Household Waste Program pursuant to section 18533.1 of article 2.2, and which is subject to fund availability in the Account after all non-discretionary grants have been awarded. (B) "Non-discretionary Grant" means an award of funds to a city, county or local agency which has implemented a Household Hazardous Waste Program during the fiscal year prior to the grant application; and which meets the specific criteria for the non-discretionary award pursuant to section 18515 of article 2.1. (8) "Grant Agreement" means the written document, any amendment(s) and written change orders thereto, which is signed by the Board or its designated representative and the grant recipient and which defines the terms, provisions and conditions governing the grant. The terms of the grant agreement shall be for a period negotiated between the grant recipient and the Board. (9) "Grant Recipient" means the city, county or local agency which receives a grant award from the Board. (10) "Grant Year" means that time period in which the grant application submittal process, selection and award distribution will occur. The time period will begin on the first day of July in one year and end on June 30 of the next calendar year. (11) "Hazardous Waste" (HW) means waste as defined in section 40141 of the Public Resources Code and section 25117 Health and Safety Code: that is, waste or combination of wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may do either of the following: (A) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness. (B) Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. (12) "Household Hazardous Waste" (HHW) means waste materials determined by the Board, the Department of Toxic Substances Control (DTSC), the State Water Resources Control Board (SWRCB), or the Air Resources Board (ARB) to be: (A) Of such a nature that they must be listed as hazardous in state statutes and regulations; or are (B) Toxic/ignitable/corrosive/reactive; and (C) Carcinogenic/mutagenic/teratogenic; which is discarded from householders as opposed to businesses. (13) "HHW Program" means a program sponsored by a city, county or local agency which results in the separation of HW and/or HHW from the solid waste stream. An HHW Program may include, but is not limited to, the following activities: (A) Load Checking Programs; (B) Collection Programs 1) Periodic 2) Permanent 3) Mobile Collection Program 4) Residential Pick-up Service; (C) Waste Control and Enforcement Programs; (D) Educational Programs; and/or (E) Other program activities incorporating reuse, reduction, or recycling of HW and HHW. (14) "Jurisdiction" means a city, county, or local agency with responsibility for waste management. (15) "Load Checking Program" means a program which provides for physical inspection and removal of hazardous wastes from the incoming waste stream at any solid waste facility, as defined in section 40194 of the Public Resources Code. (16) "Local agency" means any public agency which is responsible for waste management and which sponsors a program(s) to prevent the disposal of H and/or HHW at a solid waste disposal facility. (17) "Local Funding" means those monies originating solely from a jurisdiction which are to be used or were used to conduct a HHW collection program. (18) "Mobile Collection Program" means two or more permanent household hazardous waste collection sites utilizing at least one transportable container for the sites and operated on an intermittent schedule. (19) "Periodic HHW Collection Program" means a program in which a jurisdiction sponsors HHW collection activities at least once a year with each collection event beginning and ending within a one week period (seven days). (20) "Permanent HHW Collection Program" means a program in which a jurisdiction sponsors the maintenance of a permanent HHW collection program at a specific site which is open to the public at least for one day, or a portion of that day, each week. (21) "Proposal" means that part of a discretionary grant application from a jurisdiction specifying its intent to establish or implement a HHW Program, commencing in the fiscal year following the application period, which consists of a newly established program or incorporates a new or added service or capability to an existing HHW program. (22) "Recycling Activities" means those projects which divert hazardous materials from non-hazardous solid waste landfills; and which utilize one or more of the processes for collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the market place. "Recycling" does not include transformation, as defined in section 40201 of the Public Resources Code. (23) "Reduction" means to use only the required amount of a product which contains a hazardous ingredient(s) for a specific task; and/or to use a product containing a lesser amount of a hazardous ingredient(s) in comparison with other brands of the same type of product. (24) "Regional" means any area which included two or more jurisdictions responsible for waste management. This includes two or more cities, two or more counties, or two or more local agencies, or the combination of a city (cities), a county (counties) and/or local agency (agencies). (25) "Residential Pick-up Service" means the service sponsored by a city, county or local agency for the residents of a community whereby HHW is picked up from each resident's home. (26) "Reuse" means the use of a product containing a hazardous ingredient after it is no longer needed by the person who originally purchased and/or used the product. (27) "Waste Control and Enforcement Programs" means a program as provided in section 46400(b) of the Public Resources Code. Note: Authority cited: Sections 40502, 46205 and 46208, Public Resources Code. References: Section 40180, 40201, 46400 and 46401, Public Resources Code. s 18504. Scope and Applicability. a) The regulations contained in this article set forth the criteria needed by cities, counties and local agencies responsible for waste management to apply for and receive a grant of funds from the Solid Waste Disposal Site Cleanup and Maintenance Account (Account). b) This article applies to all cities, counties and local agencies which are either: 1. currently implementing a program or activity which prevents the disposal of HW, including HHW into solid waste landfills, or 2. proposing the establishment of programs or services to prevent the disposal of HW; including HHW; into solid waste landfills. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18505. Programs Eligible for Funding. HHW Programs eligible for funding from the account include, but are not limited to, the following activities: (a) Load Checking Programs; (b) Collection Programs 1) Periodic 2) Permanent 3) Mobile 4) Residential Pick-up Service; (C) Waste Control and Enforcement Programs; (D) Educational Programs; and/or (E) Other program activities incorporating reuse, reduction, or recycling of HW and HHW. Note: Authority cited: Sections 46205, 46208, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18506. Grant Application Process. a) A jurisdiction, with an eligible program, shall submit the documents specified in section 18515 of article 2.1 or sections 18533 and 18533.1 of article 2.2, whichever are applicable, in order to apply for a grant award. b) Documents required in (a) of this section shall be submitted to the principal place of business of the California Integrated Waste Management Board, in care of the HHW Management Program. c) An original and three (3) copies of the documents required in (a) of this section shall be submitted to the Board. All materials submitted will become the property of the Board and will be retained for a minimum of three years. d) The required application documents shall be received by the Board on or before the close of the application period specified in either section 18511 of article 2.1 or section 18531 of article 2.2, whichever is applicable. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18510. Grant Eligibility. Note: Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18511. Grant Application Period. Note: Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18512. Grant Amount. Note: Authority cited: Sections 46205, 46208 and 46401, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18515. Contents of the Grant Application. Note: Authority cited: Sections 46205, 46208, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18520. Review of Grant Application. Note: Authority cited: Sections 46205, 46400 and 46401, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18521. Payment of Grant Funds. Note: Authority cited: Sections 46205, 46208, Public Resources Code. References: Sections 46401 and 46810, Public Resources Code. s 18522. Auditing Requirements. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18530. Grant Eligibility. a) A jurisdiction which has not received a non-discretionary grant in accordance with Article 2.1, Section 18512, and which submits a grant application for a HHW program to ensure that HW, including, but not limited to, HHW, is not disposed of in a solid waste landfill, and which meets the definition of a HHW Program under Section 18502(a)(13) and that of a proposal under Section 18502(a)(21) of this Chapter, is eligible for a discretionary grant. b) A jurisdiction which has received a non-discretionary grant in accordance with article 2.1, section 18512, remains eligible to receive a discretionary grant under this article for the following: 1) A HHW program which meets the definitions under Section 18502(a)(13) and Section 18502(a)(21) of this Chapter; and/or 2) a portion of an HHW program which was not funded under article 2.1 of this chapter in the same grant year. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18531. Grant Application Period. Applications for discretionary grants will be accepted beginning on the first Monday in December of each year commencing in December, 1990, until 4:00 p.m. on the last Friday in February of the next calendar year. Applications received after that date will be returned to the applicant. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18532. Grant Amount. The Board may award a discretionary grant to an eligible jurisdiction in an amount to determined by the Board, but the amount shall not exceed $120,000 for any individual grant. The award amount will be based upon the amount of monies remaining in the Account after all non-discretionary grants have been awarded for the previous calendar year. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18533. Contents of the Grant Application. Any jurisdiction which applies for a discretionary grant shall submit an application to the Board which includes, but is not limited to, the following: a) An application cover sheet, CIWMB Form 302, 3/90 which is incorporated by reference. b) A grant application shall, at a minimum, incorporate the following elements describing the proposed or implemented program: 1) A description of the HHW disposal problem in the applicant's jurisdiction, including, the amount of HHW generated in the geographic area to be serviced. Include a discussion of the jurisidiction's Waste Generation Study as it relates to the identified HHW disposal problem. 2) The HHW Element of the Countywide Integrated Waste Management Plan prepared pursuant to Public Resources Code section 41750. 3) A general description of program goals or objectives for the proposed or completed program, including specific actions which will be taken or have been taken to mitigate the HHW disposal problem. This section must include a description of the program being proposed and discuss the proposed program in relation to the applicant's HHW Element. 4) An identification of the tasks necessary to complete the proposed program and an implementation schedule for the proposed tasks. 5) The geographic area to be serviced, or the geographic area that was serviced. 6) A budget report describing the costs for each completed program or proposed project within the overall HHW program. This shall include the actual or projected costs of staff, hazardous waste contractor fees, and the actual or projected costs for education, public awareness and/or advertising. 7) A description of funding sources other than the Account, which will be used, or which have been used for the program. 8) A report on insurance coverage for the project(s) as required by title 22, California Code of Regulations, section 66264.147, if applicable. 9) A copy of or status report on any required variances or permits from the DTSC, and the federal Environmental Protection Agency generator identification number. 10) A description of any recycling and/or reuse efforts for HHW which will be, or which have been, utilized in conjunction with the proposed project, or completed program, whichever is applicable. 11) A description of public education and awareness efforts to be utilized or which have been utilized. 12) A description of cooperative efforts between local government agencies and interested citizen associations and groups, if any, regarding implementation of the program. 13) Methods of jurisdiction plans to use to evaluate the success of the program, or methods which were used to evaluate the success of the program, whichever is applicable. 14) A resume of management personnel for the program, detailing their qualifications and experience. 15) A resolution from the jurisdiction's governing body authorizing submittal of the grant application and identifying the individual authorized to execute all necessary applications, contracts, agreements and amendments to carry out the purposes specified in the application. c) The grant application for a discretionary grant may be accompanied by a list of the costs associated with the implementation of specific tasks of the grant application required by (a)(3) in order for the Board to provide partial funding for the program. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 41750, 46400 and 46401, Public Resources Code; section 25135.1(d)(4), Health and Safety Code. s 18533.1. Contents of the Grant Proposal. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 41750 and 46401, Public Resources Code; Section 25135.1(d)(4), Health and Safety Code. s 18534. Review of Grant Application. a) The Board shall review a discretionary grant application for the following: 1) to verify that the application is complete; and 2) to verify that the grant proposal incorporates the elements required by sections 18533 and 18533.1 of this article; and 3) to evaluate the application to determine its eligibility for partial funding of an HHW Program. b) The Board may request additional information related to the discretionary grant application required pursuant to section 18533 of this article. The applicant will have 10 (ten) working days, or as specified by the Board, to submit the requested information to the Board or it will be disqualified from consideration for a discretionary grant. Note: Authority cited: Sections 46205 and 46208, Public Resources Code. Reference: Sections 46400 and 46401. s 18534.1. Selection of Grant Recipient. a) The Board shall select one or more grant recipients based upon the recipient's satisfaction of the grant proposal elements required pursuant to section 18533.1 of this article. b) The Board shall give lower priority for grant awards to grant applicants who have received funding for non-discretionary grants under article 2.1 of this Chapter in the same grant year; and for those applicants who had received discretionary grant funding in the year prior to the current grant year cycle. Note: Authority cited: Sections 46208, Public Resources Code. Reference: Sections 46400 and 46401, Public Resources Code. s 18535. Payment of Grant Funds. Discretionary grant recipients will be awarded grant funds no later than June 30 of each year, commencing in June, 1991. Note: Authority cited: Sections 46208 and 46400, Public Resources Code. Reference: Section 46401, Public Resources Code. s 18536. Grant Agreement. a) The grant recipient and the Board shall enter into a written grant agreement which contains the grant proposal as approved and which identifies and ensures compliance with the terms and conditions specified in section 18536.1 and any other special conditions or terms which the Board may deem necessary. b) Written Approval of Changes to Grant Agreement. The recipient shall obtain prior written approval from the Board, or its designated representative, for any changes to the grant agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the changes. Note: Authority cited: Section 46208, Public Resources Code. Reference: Section 46205, Public Resources Code. s 18536.1. Terms and Conditions of a Grant Agreement. The grant recipient shall comply with the following terms and conditions: a) Quarterly Progress Reports. The grant recipient shall submit a quarterly progress report to the Board within 30 days following the end of each quarter. The report shall include, but not be limited to: 1) A statement that the program(s) is or is not on schedule, and a description of the program tasks or milestones and the status of each. Pertinent reports or interim findings shall be appended. 2) A discussion of any difficulties or special problems encountered in accomplishing the project tasks. 3) A financial report comparing costs to date with the approved scope of work and the original budget. The report should state whether the program(s) is progressing within the approved budget, and an explanation of any current or anticipated deviations. The report shall include a Balance Sheet showing the program's current assets and liabilities as well as a Statement of Expenditures. 4) A report of any changes in management personnel. 5) The report for the fourth quarter will be the Final Report required pursuant to (e) of this section. b) Compliance. Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. The recipient shall secure any permits or variances required by the DHS and EPA and any other authorities having jurisdiction over the program(s) including but not limited to, the California Integrated Waste Management Board and the appropriate Regional Water Quality Control Boards. The grant recipients shall maintain or revise all applicable permits, such as solid waste facility permits, as needed. c) Auditing. 1) All grant recipients shall maintain an accounting system for the program that utilizes generally accepted accounting principles and practices. The Board, the State Controller's Office and the State Auditor General's Office or their designated representative(s) shall have absolute right of access to all of the grant recipient's records pertaining to the grant agreement in order to conduct reviews and/or audits. 2) In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers. 3) The accounting records and source documents shall be retained by the grant recipient for at least three (3) years after expiration of the grant agreement, or until the completion of a Board action and/or resolution of issues which may arise as a result of any litigation, claim negotiation or audit. 4) If an audit reveals that grant funds have not been spent in accordance with the grant agreement, the recipient shall be required to forfeit the unexpended portion of the grant and repay any improperly spent monies, plus interest at the rate the state would have earned on this money had it remained in the Account. Such forfeitures shall revert to the Account. d) Grant Termination. The Board may terminate any grant in whole, or in part, at any time before the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms or conditions of the grant agreement. The Board shall notify the recipient within five working days, in writing, of the determination, the reasons for the termination of the grant, and the effective date of termination. e) Final Report. At the end of each fiscal year during which funds are received, the grant recipient shall submit a final report. The report shall be submitted within 60 days of the end of the fiscal year and include, but not be limited to: 1) A Table of Contents. 2) A brief summary of the objectives of the grant and how these objectives were accomplished. 3) Any findings, conclusions, or recommendations for additional activities which result from the successful completion of the program for the grant year. A statement, if applicable, of future public and/or private support to maintain or further develop the program. 4) A list of contractors who participated, in whole or in part, in the grant program, including the names, addresses and a description of their work. 5) Final Financial Statement for the Program. This report shall provide information that enables the Board to determine the final specific use for all grant funds. It shall indicate all other sources of funds utilized by the program. The report shall also account for all revenues generated by the program. Note: Authority cited: Sections 46205 and 46208 Public Resources Code. Reference: Section 46401, Public Resources Code. s 18570. Authority and Purpose. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811, 115812, 115813, 115814, 115815 and 115816, Health and Safety Code. s 18571. Definitions. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115725, 115730, 115735, 115810, 115811, 115812 and 115813, Health and Safety Code; Sections 21067 and 42002, Public Resources Code; and Section 12200, Public Contract Code. s 18572. Eligible Local Public Agencies. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18573. Eligible Projects. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730 and 115813, Health and Safety Code. s 18574. Allocation of Funds. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18575. Criteria. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18576. Requests Exceeding Funds. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18577. Grant Amount. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Section 115813, Health and Safety Code. s 18578. Eligible Costs. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18579. Ineligible Costs. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115730, 115810, 115811 and 115813, Health and Safety Code. s 18580. Payments. Note: Authority cited: Section 40502, Public Resources Code; and Section 115814, Health and Safety Code. Reference: Sections 115810, 115811 and 115813, Health and Safety Code. s 18600. Introduction. For the purposes of this Chapter, both the question and answer in each section have regulatory effect for implementation and enforcement. This Chapter has been adopted by the California Integrated Waste Management Board pursuant to and for the purpose of implementing the California Oil Recycling Enhancement Act, Sections 48600 through 48691 of the Public Resources Code. Nothing in this Chapter is intended to limit the authority of any other state or local agency in its proper exercise of regulatory authority over oil manufacturers, used oil haulers, or used oil recycling facilities. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48600, 48630 and 48680, Public Resources Code. s 18601. Definitions. (a) In addition to the definitions provided in the Public Resources Code, the following definitions shall apply whenever the terms are used in this Chapter. (1) "Act" means the California Oil Recycling Enhancement Act as described in Division 30, Part 7, Chapter 4 of the Public Resources Code. (2) "Annual report" means a report that is submitted to the Board by each grant recipient beginning on the first January 1 after receiving a block grant and on or before January 1 thereafter for the term of the grant agreement, and as defined in Section 48674 of the Public Resources Code. (3) "Anonymously donated" means delivered to a used oil collection center under circumstances which prevent identification of the generator, such as delivery after hours. (4) "Block grant" means an award of funds from the California Used Oil Recycling Fund to a local agency which is based on the evaluation of an applicant's used oil collection program submitted pursuant to Section 48690 of the Public Resources Code. (5) "Block grant account" means monies available for block grants to local governments as described in Section 48653(a)(4) of the Public Resources Code. (6) "Board" means the California Integrated Waste Management Board. (7) "CIWMB Oil manufacturer registration number" means the registration number provided by the Board or its designee to all oil manufacturers. All oil manufacturers must obtain a registration number from the Board prior to submitting reports to the Board. (8) "Curbside collection program" means a service which collects used oil from households on a monthly or more regular basis, and which may collect other recyclable materials, including but not limited to newspaper, glass containers, aluminum cans, and bi-metals. (9) "Department" means the Department of Toxic Substances Control. (10) "Fee" means the $0.16 per gallon fee that oil manufacturers must pay to the Board for each gallon of lubricating oil sold, pursuant to Section 48650(a) of the Public Resources Code. (11) "Fiscal Year" means the year commencing on July 1 and ending on June 30 of each year. (12) "Generator" means any entity which generates used oil or causes a used oil hauler to transport such oil. (13) "Generator category" includes: (A) Collection station (i.e., service station, shop, garage, recycling center, curbside recycling operation) (B) Industrial source (C) Marine source (D) Agricultural source (E) Governmental source (F) Outside California (G) Other Haulers (14) "Grant Agreement" means the written document, and any amendment(s) and written change orders thereto, which is signed by the Board or by its designated representative and the grant recipient, which defines the terms, provisions and conditions governing a block grant. (15) "Grant Recipient" means the local agency which receives a block grant from the Board. (16) "Grant Year" means the time period in which the grant application submittal, evaluation, selection, and award distribution will occur. The time period will begin on the first day of July in one year and end on June 30 of the next calendar year. (17) "Incentive claim/report" means the formal request for payment of incentive fees on used lubricating oil either used to generate electricity by an electric utility, or transported by a used oil hauler to a certified used oil recycling facility or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located. The incentive claim/report is designed to satisfy the report requirements described in Public Resources Code Section 48670. (18) "Industrial oil", as it is defined in Public Resources Code, Section 48616, includes, but is not limited to, any compressor, turbine, or bearing oil, hydraulic oil, metal-working oil, or refrigeration oil. Industrial oil does not include di-electric fluids. (19) "Internal combustion engine" includes engines powered by gasoline, methanol, alcohol fuels, diesel, compressed natural gas, propane or butane. (20) "Local agency" means a public entity which is a city, county, or district, or any political subdivision but not the State. (21) "Lubricating oil", as it is defined in Public Resources Code, Section 48618, includes any oil which is intended for use in machinery powered by an internal combustion engine. Lubricating oil includes oil intended for use in an internal combustion engine crankcase, transmission, gearbox, or differential in an automobile, bus, truck, vessel, plane, train, heavy equipment, or other machinery powered by an internal combustion engine. Lubricating oil also includes consumer additives which are intended to be mixed with lubricating oils in an internal combustion engine and synthetic lubricating oils. Lubricating oil does not include oil intended for use in a 2-cycle engine where the oil is entirely consumed during usage. (22) "Manifest" means a uniform hazardous waste manifest as defined in Section 25160 of the Health and Safety Code, which is hereby incorporated by reference. (23) "Modified Manifest Receipt" means the receipt completed for each generator and attached to the manifest pursuant to Section 25250.8(b)(3) of the Health and Safety Code, which is hereby incorporated by reference. (24) "Must" means a provision is mandatory. (25) "Oil manufacturer" as it is defined in Section 48619 of the Public Resources Code, means the first person or entity in California to take title to lubricating or industrial oil for sale, use or transfer in California. For purposes of this chapter a person or entity who first takes title to lubricating or industrial oil from an out-of-state entity, for purposes of sale or distribution, is the oil manufacturer. (26) "Operator" means the person or entity responsible for the handling and collection of used oil at a certified used oil collection center, curbside collection program, private business, state or local governmental agency, nonprofit organization, or electric utility. (27) "Patron" means the person or entity delivering used oil to a certified collection center for storage and transportation to a recycling facility. (28) "Quarter" means a three month period during a calendar year. For each year, the first quarter commences January 1 and ends March 31, the second quarter commences April 1 and ends June 30, the third quarter commences July 1 and ends September 30, and the fourth quarter commences October 1 and ends December 31, all inclusive. (29) "Recycling Incentive" means the amount the Board pays for each quart of lubricating oil recycled, to every industrial generator, curbside collection program, certified used oil collection center, or electric utility pursuant to Sections 48651(a) and (b) of the Public Resources Code. (30) "Regional" means any geographic area which includes two or more local agencies. (31) "Used lubricating oil generated by a certified used oil collection center" means used lubricating oil generated on-site by the certified used oil collection center. It does not include used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day. (32) "Used oil collection program" means a program undertaken by a local agency to encourage the collection, recycling, and proper disposal of used oil generated at households. A used oil collectionprogram includes but is not limited to, integration of used oil collection into an existing curbside collecting program, household hazardous waste program, and a public education and awareness program to promote opportunities for, and to educate the public as to the benefits from, recycling of used oil. (33) "Used oil storage facility" means a hazardous waste facility which stores used oil, as defined in Section 25123.3(a) of the Health and Safety Code. (34) "Used oil transfer facility" means a hazardous waste transfer facility that either stores used oil for periods greater than 144 hours, or that transfers used oil from one container to another as defined in Section 25123.3(c) of the Health and Safety Code. (35) "U.S. EPA" means the United States Environmental Protection Agency. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48601, 48616, 48618, 48619, 48651, 48660, 48670, 48674, 48690 and 48691, Public Resources Code. s 18610. Scope and Applicability. The regulations contained in this Article set forth recordkeeping requirements with which oil manufacturers, used oil haulers, and operators of used oil recycling facilities must comply. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48671, 48672 and 48673, Public Resources Code. s 18611. Will the Board Examine My Books and Records to Determine Whether I Comply with These Regulations? (a) Yes. The Board, or persons authorized by the Board, may conduct examinations of the books and records of oil manufacturers, used oil haulers, and operators of used oil recycling facilities, for the purposes of determining compliance with the provisions of the Act. Nothing herein shall limit the authority of the Board pursuant to the Act to audit, examine, review, inspect, or otherwise determine the compliance of any person with the Act. (b) An examination is a review or inspection of any books or records or other documentation of sales or transfers of new or used lubricating or industrial oil. Such reviews may include verification of measurements or procedures regarding reporting, payments and other activities related to the Act. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48657, 48671, 48672 and 48673, Public Resources Code. s 18612. Are the Reports and Information that I Submit to the Board Public Documents? (a) All information obtained by the Board, or persons authorized by the Board may be disclosed to the public upon request, unless the information is exempt from disclosure pursuant to the Act, the Public Records Act (Government Code Section 6250 et seq.), or other applicable law. Information exempt from public disclosure may include, but is not limited to, proprietary information concerning specific sales or purchases of new or used lubricating or industrial oil; market reports; personal financial data; and trade secrets which the reporter has requested not be publicly disclosed. (b) If you believe that any information submitted to the Board is a trade secret, you must identify this information at the time of submission. Any information not identified by you as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law. (c) Regarding trade secrets, the Board shall determine whether any or all of the information has been properly identified as a trade secret. (d) Upon receipt of a written request for records pertaining to information obtained by the Board pursuant to this Chapter, the Board shall determine whether the requested information is exempt from disclosure. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48675, Public Resources Code. s 18613. Articles 3, 4, and 5 of this Chapter Describe Specific Records that I Must Maintain. How Must I Maintain These Records? Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions: (a) You must give the Board notice of the location of your records on or before November 30, 1992. Notice of any change in location, or intent to establish a new location of such records, must be provided no less than 10 days prior to any change in location or establishment of a new location. Notice shall mean written notice stating the name of the business entity, the complete present and potential future addresses of the location of the records, if applicable, and the names and telephone numbers of the individuals responsible for such records. (b) Oil manufacturers must maintain records for at least four years. Used oil haulers and used oil recycling facilities must maintain records for at least three years. (c) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent businessperson engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. An Automatic Data Processing (ADP) system must have built into its program a method of producing visible and legible records which will provide the necessary information to determine compliance with the requirements of this Chapter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48657, 48671, 48672 and 48673, Public Resources Code. s 18614. Articles 3, 4, and 5 of this Chapter Contain Specific Reporting Requirements. How Do I Submit Reports, Notices, and Applicable Supporting Documents to the Board? (a) Except where specifically provided otherwise, any reports and notices must be prepared and submitted in the form designated by the Board. Oil manufacturer reports must include the information specified in Section 18622 of this Chapter. Used oil hauler reports must include the information specified in Section 18634 of this Chapter. Operators of used oil recycling facilities must include the information specified in section 18642 of this Chapter. Only notices and reports containing such information and bearing an original signature pursuant to (c)(4), below, will be acceptable. (b) Reports, notices, and applicable supporting data must be accurate, complete, and typed or legibly handwritten in English. (c) All reports to the Board must contain all of the following information: (1) The full name, address, and identification number of the person preparing the report; (A) For used oil hauler and used oil recycling facility reports, the identification number will be the U.S. EPA Identification number . (B) For oil manufacturer reports, the identification number will be the Oil Recycler Fee Permit Number as issued by the Board or its representative. (C) If an entity preparing the report has no EPA Identification number or Oil Recycler Fee Permit Number, an identification number must be obtained from the Board upon written request. (2) The name and telephone number of a contact person for purposes of the report; (3) The reporting period, if applicable, and date of preparation of the report; (4) The signature and title of the representative of the entity authorized to prepare the report. The signature block must state that the information ion the report is correct to the best knowledge and belief of the person submitting the report; (5) The date of signing of the report. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48671, 48672 and 48673, Public Resources Code. s 18614.1. What If My Report Does Not Contain All of the Information Required by Section 18614 of this Article? The Board will reject your report if it fails to comply with the reporting requirements of Section 18614. Any such rejection shall not extend any applicable due date or time period. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48671, 48672 and 48673, Public Resources Code. s 18615. When are Reports Due to the Board? Report due dates are discussed in this Chapter as follows: in Section 18622 for oil manufacturers, Section 18634 for used oil haulers, and Section 18642 for used oil recycling facilities. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code. s 18616. On What Date is a Report, Complaint, Payment, Notice or Other Information Considered to be Submitted to the Board? Reports, complaints, payments, notices and other information will be considered submitted to the Board on the postmarked date if deemed complete by the Board. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a), 48671, 48672 and 48673, Public Resources Code. s 18619.1. Scope and Applicability. The regulations contained in this Article set forth recordkeeping requirements with which certified used oil collection centers, industrial generators, curbside collection programs, and electric utilities wishing to claim recycling incentives must comply. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code. s 18619.2. Will The Board Examine My Books, Records, and Operations to Determine Whether I Am in Compliance With The Program Requirements? (a) Yes. An operator of a certified or registered program shallprovide access to the Board or persons authorized by the Board for any one or all of the following purposes: (1) To determine compliance with the provisions of the Act and this Chapter; (2) To determine the accuracy of any information provided to the Board; (3) For the investigation of complaints related to compliance with the provisions of the Act and this Chapter; or (4) To inspect any records required by the Act or this Chapter. (b) An applicant for certification or registration shall provide access to the Board or persons authorized by the Board for the purposes listed in subparts (a)(1), (a)(2), and (a)(4) of this Section. (c) Failure to provide access, as required, may result in one or more of the following: (1) Denial of a pending application; (2) Cancellation of a certification or registration, or denial of a recertification request; (3) Legal actions pursuant to Public Resources Code Section 48680; (4) Recoupment of monies previously paid by the Board, which were the subject of the inspection; or (5) Rejection of incentive claims made to the Board. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code. s 18619.3. How Must Records Be Maintained to Satisfy The Requirements of This Chapter? (a) Any records which you are required to maintain pursuant to this Chapter or the Act must be kept in accordance with the following provisions: (1) You must give the Board notice of the location of your records on or before April 1, 1993, or upon certification or registration pursuant to Articles 6 and 6.1 of this Chapter, respectively. "Notice" of any change in location, or intent to establish a new location of such records, must be provided no less than ten (10) days prior to any change in location or establishment of a new location. "Notice" shall mean a written notice stating the name of the business entity, the complete present and potential future addresses of the location of the records, if applicable, and the names and telephone numbers of the individual(s) responsible for such records. (2) Records must be retained for at least three years. (3) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by the average prudent businessperson engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. If records are maintained in an Automatic Data Processing (ADP) system, it must have built into its program a method of producing visible and legible records which will provide the necessary information to determine compliance with the requirements of this Chapter. (4) All records maintained pursuant to this Chapter shall be suitable for examination. Records satisfy this standard when they are prepared and retained in accordance with generally accepted accounting principles and good business practice. Note: Authority cited: Sections 40502 and 48651, Public Resources Code. Reference: Sections 48631(d), 48660, 48670 and 48680, Public Resources Code. s 18619.4. Are the Reports and Information That I Submit to the Board Public Documents? (a) All information obtained by the Board, or persons authorized by the Board, may be disclosed to the public upon request, unless the information is exempt from disclosure pursuant to the Act, the Public Records Act (Government Code Section 2650 et. seq.), or another applicable law. Information exempt from public disclosure may include, but is not limited to: proprietary information concerning specific sales or purchases of new or used lubricating or industrial oil; market reports; personal finan cial data; and trade secrets, as defined in the Public Resource Code, which the reporter has requested not be publicly disclosed. (b) If you believe that any information submitted to the Board is a trade secret, you must identify this information at the time of submission. Any information not identified by you as a trade secret shall be made available to the public, unless exempted from disclosure by another provision of law. (c) Regarding trade secrets, the Board shall determine whether any or all of the information has been properly identified as a trade secret. (d) Upon receipt of a written request for records pertaining to information obtained by the Board pursuant to this Chapter, the Board shall determine whether the requested information is exempt from disclosure. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48675, Public Resources Code. s 18619.5. What Happens If My Certified or Registered Used Oil Collection Program Is Not In Compliance With the Requirements of the Act or of This Chapter? Violations of the Act or any regulation contained in this Chapter may be subject to the provisions of Section 48680 of the Public Resources Code. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(d), 48660 and 48680, Public Resources Code. s 18620. Applicability. In addition to the general requirements of this Chapter, oil manufacturers must comply with the provisions of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code. s 18621. As an Oil Manufacturer, What Records Am I Required to Maintain? Beginning May 1, 1992, you must maintain records of all industrial oil sold in California and all lubricating oil sold in California which is not exempt from payment of the fee pursuant to Section 48650 of the Public Resources Code. Records must include: (a) the amount, in gallons, of lubricating oil sold monthly; (b) the amount, in gallons, of industrial oil sold monthly. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48671, Public Resources Code. s 18622. As an Oil Manufacturer, What Reports Must I Submit to the Board? All oil manufacturers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in section 18614 of this Chapter. (a) You must submit a report for the period between May 1, 1992, and September 30, 1992, which includes: (1) the amount, in gallons, of lubricating oil sold monthly in California; (2) the amount, in gallons, of industrial oil sold monthly in California. This report is due to the Board by January 31, 1993. (b) For the quarter beginning October 1, 1992, and each following quarter, you must submit reports which include: (1) the amount, in gallons, of lubricating oil sold monthly in California; (2) the amount, in gallons, of industrial oil sold monthly in California; (3) the total amount of fees due pursuant to Section 48650 of the Public Resources Code. (A) you must calculate the total amount of fees due by multiplying the number of gallons of lubricating oil sold during the quarter by $0.16 per gallon. Reports must be submitted to the Board on or before the last day of the month following each quarter, as defined in Section 18601 of this Chapter. For example, lubricating oil sold during the quarter commencing October 1 and ending December 31 must be reported by January 31. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b) and 48671, Public Resources Code. s 18623. What Date is Considered the Date of Sale? The date of sale of lubricating or industrial oil is the date of receipt by the purchaser, as evidenced by an invoice. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), Public Resources Code. s 18624. How Should Payments be Made to the Board and When Are They Due? (a) All payments made pursuant to Sections 48650(a) and (b) of the Public Resources Code must accompany the report submitted pursuant to Section 18622 of this Chapter. Payments received after the due date of this report shall be deemed late. (b) All payments must be reported and recorded in currency of the United States of America ( "U.S. dollars"). All payments to the Board must be made in U.S. dollars and made by either check, draft, money order or cashier's check payable to the State of California, Integrated Waste Management Board or an entity designated by the Board to collect payments. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b) and 48671, Public Resources Code. s 18625. How Do I Notify Those Who Purchase Lubricating Oil From Me That the Fee Has Been Paid? You must inform your customers that the fee has been paid by one of the following methods: (a) A sales invoice or a contract which clearly states that the fee is included in the invoiced or contracted amount; (b) Documentation showing that the fee has been paid to the Board. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48650(a) and (b), Public Resources Code. s 18626. Exemption Certificates. (a) Scope and Applicability. All sales or transfers of lubricating oil in the state by an oil manufacturer are subject to the oil recycling fee unless exempted. (b) Exemption from Responsibility for the Oil Recycling Program Fee. A seller is exempt from responsibility for the oil recycling fee when the purchaser certifies in writing, in a timely manner, to the seller that the lubricating oil purchased will be used in an exempt manner as provided in PRC section 48650. To be considered timely, an exemption certificate shall be given: (1) At any time before the seller bills the purchaser for the lubricating oil; or (2) At any time within the seller's normal billing and payment cycle; or (3) Any time at or prior to delivery of the subject oil to the purchaser. Exemption certificates are valid until there is a change in the use of the oil as described in the certificate. The purchaser is responsible for submitting a revised exemption certificate prior to any change in use of the oil purchased. (c) Liability for the Fee for Other Uses If a purchaser certifies in writing to a seller that the lubricating oil purchased will be used in an exempt manner, as provided in PRC section 48650(b), and instead uses the lubricating oil in some manner which is not exempt, the purchaser shall be liable for payment of the oil recycling fee as if the purchaser were the first person or entity to take title to the lubricating oil for sale, use, or transfer in this state. The fee will apply at the time of the sale, use or transfer by the purchaser. (d) Form of Exemption Certificates. (1) All purchasers qualifying for an exemption must provide certification as follows: (A) the name and address of the purchaser; (B) the purchaser's CIWMB oil manufacturer registration number; (i) if the purchaser is not required to hold an oil manufacturer registration number, a statement to that effect and the reasons; (C) a description of the lubricating oil purchases associated with the certificate, including the number of gallons; (D) a statement describing the exempt use of the lubricating oil pursuant to the exemptions described in PRC section 48650(b); (E) date; (F) signature of the purchaser. (2) Submission to the Board of form CIWMB 36 "State of California Oil Recycling Program Fee Exemption Certificate" (rev. 11/94), which is incorporated herein by reference, will satisfy the requirements of part d(1), above. (See Appendix A.) (e) "Qualified" Fee Exemption Certificates. Purchasers may issue "Qualified" Fee Exemption Certificates if a portion of the total oil purchased is to be used in an exempt manner. In these cases, the CIWMB Fee Exemption Certificate Form Number 36 (rev. 11/94) requires that a purchase order be attached. Each purchase order must indicate that the oil is purchased for exempt use. If a purchase order does not so specify, it will be presumed that the oil purchased is to be used in a nonexempt manner, and is subject to the fee. (f) Untimely Exemption Certificates. An exemption certificate which is not issued in a timely manner is not retroactive, and will not relieve the seller of the responsibility for the fee, unless the seller presents satisfactory evidence that (1) the specific oil was used in an exempt manner or (2) that the fee was paid to the state by the purchaser. (g) Good Faith. A seller will be presumed to have been issued a certificate in good faith in the absence of evidence to the contrary. A seller will not be relieved of the responsibility for the oil recycling fee if it knew, or should have known, that the lubricating oil would not be used by the purchaser in an exempt manner. (h) Penalties for Improper Use of an Exemption Certificate. Civil penalties, as described in Public Resources Code (PRC) section 48680, may be assessed if there is unauthorized issuance or use of an Exemption Certificate. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650 and 48680, Public Resources Code. s 18626.99. Certificate of Registration. Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Sections 3470(b) and (c), Public Resources Code. s 18627. Refund of Lubricating Oil Payment. Any person who has made the lubricating oil payment on oil which is later sold or used for an exempt purpose pursuant to PRC section 48650, may request a refund. For this chapter, an exempt purpose shall include lubricating oil that is subsequently sold to an agency of the Federal Government and on which the payment was not made by that agency. The request for a refund must include the information in Section 18613 of this chapter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code.Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48650(a) and (b), 48671 and 48680, Public Resources Code. s 18630. Scope and Applicability. In addition to the general requirements of Article 2 of this Chapter, used oil haulers must comply with the provisions of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code. s 18631. As a Used Oil Hauler, What Records Am I Required to Maintain? You must keep all manifests and modified manifest receipts as described in Section 25250.8 of the Health and Safety Code and Section 66263.22 of Title 22 of the California Code of Regulations. These documents must be made available to the Board for examination pursuant to Section 18611 of this Chapter. These records must be maintained in accordance with the general requirements set forth in Section 18613 of this Chapter, in addition to any recordkeeping requirements of the Department of Toxic Substances Control. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code. s 18632. What Specific Information Am I Required to Include on Each Modified Manifest Receipt? In addition to the information required by Section 25250.8 of the Health and Safety Code, you must include the following information on each modified manifest receipt: (a) the generator category of the entity generating the used oil, as defined in Section 18601 of this Chapter; (b) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil collected from the generator. (1) To obtain an estimate, you must ask each generator to provide an approximation of the amount of used lubricating oil and the amount of used industrial oil being collected. (2) If the generator fails to provide you with an estimate of the amount of lubricating versus industrial oil, you must use your best judgment to provide an estimate based upon your knowledge, if any, of the types of machinery used by the generator. (3) You will not be held liable for the accuracy of estimates made pursuant to (1) and (2), above. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code. s 18633. Am I Required to Provide Any Specific Information to the Recipients of the Used Oil I Deliver? Yes. Used oil haulers must provide the recipients of their used oil (i.e., a used oil transfer facility, a used oil storage facility, or a used oil recycling facility) with either: (a) a receipt containing the following information for each delivery: (1) the manifest number; (2) an estimate of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery; or (b) an estimate in box 11 or box 15 of the Uniform Hazardous Waste Manifest, of the amount, in gallons, of lubricating oil and the amount, in gallons, of industrial oil contained in the delivery. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48672 and 48673, Public Resources Code. s 18634. As a Used Oil Hauler, What Reports Must I Submit to the Board? All used oil haulers must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter. (a) All reports must be submitted to the Board no later than 10 days after the end of each quarter, as defined in section 18601 of this Chapter. For example, used oil transported during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil transported during the quarter commencing October 1 and ending December 31 must be reported by January 31. (b) Reports must contain all of the following information for the used oil that you collected during the reporting period: (1) an estimate, by generator category, of the total amount, in gallons, of lubricating oil collected and transported; (2) an estimate, by generator category, of the total amount, in gallons, of industrial oil collected and transported; (3) the sum total, in gallons, of all used lubricating and industrial oil collected and transported; (4) if you are also the operator of a used oil transfer facility or a used oil storage facility, indicate the amount of used oil included in this report which was, or will be, to the best of your knowledge, reported to the Board by another hauler; (5) a listing of all the locations to which you transported used oil during the reporting period, including used oil transfer facilities, used oil storage facilities, and used oil recycling facilities. For each location, you must specify the name of the entity, the street address, the mailing address, the telephone number, and the U.S. EPA Identification Number. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48672, Public Resources Code. s 18640. Scope and Applicability. In addition to the general requirements of Article 2 of this Chapter, used oil recycling facilities, as defined in Section 48624 of the Public Resources Code, shall comply with the provisions of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624, 48662 and 48673, Public Resources Code. s 18641. As the Operator of a Used Oil Recycling Facility, What Records Am I Required to Maintain? You must maintain the following records in accordance with the general requirements set forth in Section 18613 of this Chapter. (a) Manifests, maintained pursuant to Section 66264.71(a)(6) of Title 22 of the California Code of Regulations, must be made available for examination pursuant to Section 18611 of this Chapter. (b) For each delivery received, you must estimate the amount, in gallons, which is used lubricating oil and the amount which is used industrial oil. You may obtain an estimate of these amounts from the used oil hauler delivering the used oil pursuant to Section 18633 of this Chapter. (c) You must maintain records of the amount of used oil processed at your facility. These records must include: (1) the amount, in gallons, of recycled oil produced. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is: (A) re-refined as motor vehicle oil; (B) re-refined as industrial oil; (C) processed into fuel oil; (D) processed into asphalt; (E) consumed in the process of preparing it for reuse, including being burned for energy recovery; (2) the amount, in gallons, of used oil transferred to another facility for processing or treatment; (3) the amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those: (A) produced as a nonhazardous waste (e.g., water); (B) produced as a hazardous waste; (C) other. If "other" is indicated, you must indicate the specific residual material produced. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48673, Public Resources Code. s 18642. As an Operator of a Used Oil Recycling Facility, What Reports Must I Submit to the Board? (a) You must prepare and submit to the Board a report in accordance with the general requirements for reporting contained in Section 18614 of this Chapter. (b) All reports must be submitted on or before the last day of the month following each quarter, as defined in section 18601 of this Chapter. For example, used oil received and recycled during the quarter commencing July 1 and ending September 30 must be reported by October 31, and used oil received and recycled during the quarter commencing October 1 and ending December 31 must be reported by January 31. (c) Your reports must contain all of the following information for the reporting period: (1) the total amount, in gallons, of used oil received during the reporting period, including: (A) an estimate of the total amount of lubricating oil received; (B) an estimate of the total amount of industrial oil received. (2) the amount of used lubricating and used industrial oil received from: (A) within California; (B) outside of California. If used oil is received from outside of California, the report must include the state or country from which the used oil was received. (3) the total amount, in gallons, of recycled oil produced by the facility. For purposes of this section, recycled oil includes used oil which is prepared for reuse, as it is defined in the Section 25250.1 of the Health and Safety Code, including used oil which is: (A) re-refined as motor vehicle oil; (B) re-refined as industrial oil; (C) processed into fuel oil; (D) processed into asphalt; (E) consumed in the process of preparing it for reuse, including being burned for energy recovery; (4) the total amount, in gallons, of used oil transferred to another facility for processing or treatment and the name and U.S. EPA Identification number of each facility; (5) the total amount, in gallons, of residual material produced. For purposes of this section, residual material includes constituents of the used oil which remain after processing, including those: (A) produced as a nonhazardous waste (e.g., water); (B) produced as a hazardous waste; (C) other. If "other" is indicated, you must indicate the specific residual material produced. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48673, Public Resources Code. s 18643. Records of Transaction. Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(b), Public Resources Code. s 18643.0. Who May Become a Certified Used Oil Recycling Facility? The Board shall consider certifying any used oil recycling facility in California, as defined in Section 48624 of the Public Resources Code. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48624 and 48662, Public Resources Code. s 18643.1. Why Should I Become a Certified Used Oil Recycling Facility? It is necessary for used oil recycling facilities to become certified because recycling incentives can only be paid to certified used oil collection centers, industrial generators, or curbside collection programs that transport used oil to certified used oil recycling facilities or to an out of state recycling facility as described in Section 48651 of the Public Resources Code. Industrial oil must also be hauled to certified used oil recycling facilities. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18643.2. As An Operator of a Used Oil Recycling Facility, Must I Apply For Certification/Recertification of the Facility? No. Once the Board receives a report from the Department following the annual inspection of your facility, the Board initiates the certification/recertification process for your facility. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18643.3. How Does The Board Certify or Recertify a Used Oil Recycling Facility? (a) Following the annual inspection of a used oil recycling facility pursuant to Section 48661 of the Public Resources Code, the Department forwards an inspection report of the facility to the Board. (b) Within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of an inspection report for a used oil recycling facility, the Board notifies the operator of the facility in writing that its certification/recertification is being processed. (c) Within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) working days of receipt of the above described inspection report, the Board notifies the operator of the facility in writing that its certification is either: (1) Approved; or (2) Denied, and the reasons for denial. Denial may occur when a facility is engaged in a repeating or recurring pattern of noncompliance that poses a significant threat to public health and safety or the environment. Such a pattern may include violations as described in Public Resources Code Sections 48661 (b) and (c). (d) If a certification is approved, the Board sends a certificate to the operator of the facility. (e) In case of denial, the operator of the facility may submit a written request for a Board hearing. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18643.4. As an Operator of a Used Oil Recycling Facility, What Should I Do With the Certificate That the Board Issues to Me? (a) The certificate shall be kept on file at the used oil recycling facility. An operator may request that the certificate be kept on file at another location, and the Board may grant approval of such request when the request is submitted in writing and the following conditions are met: (1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the recycling facility; and (2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of Article 5 of these regulations are maintained. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18643.5. How Long Is a Certificate Valid? (a) A certificate is valid until such time that it is surrendered by the operator, or recertification is denied pursuant to Section 18643.3 of this Article. (b) A certificate does not expire, and the operator of a used oil recycling facility is not required to submit an application for recertification. Upon receipt of the annual inspection report from the Department, the Board automatically initiates the certification/recertification process for a facility. However, upon evaluating the annual inspection report, the Board may either certify/recertify a used oil recycling facility or deny its certification/recertification pursuant to Section 18643.3 of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18643.6. Is the Certificate Transferrable? No. The certificate is neither transferrable nor assignable to any other person. It is issued to a specific operator of a used oil recycling facility for a specific location. The operator of a used oil recycling facility must notify the Board in writing of any change in the operator, location of the facility, or cessation of facility operation. The notification shall be submitted to the Board within sixty (60) calendar days of the change occurring. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18643.7. Is There a List of Certified Used Oil Recycling Facilities Available? (a) Yes. The Board maintains a current list of certified used oil recycling facilities. The list is available to the public upon request. (b) The Board also maintains a current list of used oil recycling facilities whose certifications were denied by the Board. This list is also available to the public upon request. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48662, Public Resources Code. s 18644. Annual Report. Note: Authority cited: Section 3470(b), Public Resources Code. Reference: Section 3468(c), Public Resources Code. s 18650.0. Scope and Applicability. Any person wishing to have a used oil collection center certified by the Board, pursuant to Section 48660 of the Public Resources Code, must comply with the provisions of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.1. Who May Apply for Certification? Any operator or proposed operator of a used oil collection center is eligible to apply for certification from the Board. Application for certification of a used oil collection center is optional and is not required by the Act or this Chapter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.2. How Do I Apply for Certification? (a) A separate, complete application containing the information requested in Section 18650.3, below, for each used oil collection center must be submitted to the Board when requesting certification. (b) The filing period for applications is continuous. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.3. What Information Am I Required to Provide in the Application for Certification? (a) To be considered complete, applications shall contain the following information: (1) A request for either initial certification, or recertification. (A) If the application is for recertification, it shall include only that information which has changed since the last application for certification was submitted to the Board. (2) The name, street and mailing address, and phone number (if applicable) of the used oil collection center, and, if different, of the operator. (3) The type of organization which the operator represents. (A) If the organization is an individual business doing or proposing to do business under a different name, the applicant shall provide a copy of the fictitious business name statement. (B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement. (C) If the organization is a corporation, the applicant shall provide the corporate number as assigned by the Secretary of State. (D) If the organization is a husband and wife co-ownership, the application shall contain both names. (E) If the organization is a local government agency, the applicant shall provide a copy of either an authorizing letter or a resolution from the governing board. (F) If the operation is a private, nonprofit program, the applicant shall provide verification of nonprofit status. Any one of the following will constitute verification: 1. A copy of a letter from the Federal Internal Revenue Service confirming tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code; or 2. A copy of a letter from the State of California Franchise Tax Board confirming tax exempt status pursuant to Section 23701(d) of the Revenue and Taxation Code; or 3. A corporate number as assigned by the Secretary of State. (4) The federal identification number (employer ID number) of the organization. (5) A description of the physical location of the facility in relation to the nearest cross street. (6) If it is a proposed operation, the specific date the center intends to begin accepting used oil from the public at no charge and offering the recycling incentive. (7) If it is an existing facility, the specific date the center began accepting used oil from the public at no charge and offering the recycling incentive. (8) The actual days and hours the used oil collection centers is, or will be, open for business. (9) The actual days and hours the used oil collection center is, or will be, accepting used oil from the public at no charge and offering the recycling incentive. (10) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA. (11) Description of operations conducted at the collection center, if any, in addition to the collection of used oil from the public. Description of other materials collected for disposal and/or recycling at the facility. (12) Total anticipated or actual used oil storage vessel capacity of all storage vessels on site, in gallons. (13) If the application is for initial certification, a description of the type and frequency of advertising which will be conducted to comply with Section 18651.4 of this Chapter. (14) If the application is for recertification, a description of the method and frequency of each type of advertising conducted (since the previous application for certification was submitted) to comply with Section 48660(b)(4) of the Public Resources Code and Section 18651.4 of this Chapter. Whenever possible, an example or facsimile of each advertising event should be included. (15) An indication whether the proposed operator or owner also operates or owns a used oil hauler business, as defined in Public Resources Code Section 48623, or a used oil recycling facility, as defined in Public Resources Code Section 48624. (16) Identify the company name or individual and address to whom the Board should pay the recycling incentive. (17) Any other information the Board determines is necessary to aid in a finding of compliance with Public Resources Code Section 48660(b). (b) The application shall be signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: "I certify, under penalty of perjury, that the information contained in this application is true and correct to the best of my knowledge, and that the facility for which this application is being made is currently in compliance with all Federal, State and local requirements. I certify that the property owner is aware that I am applying to become a certified used oil collection center and will be accepting used oil from the public. I agree to operate in compliance with the requirements of the California Oil Recycling Enhancement Act, and with all related regulatory provisions." (1) If the operator is a partnership, the application shall be signed by at least one partner with authority to bind the partnership. (2) If the operator is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind the entity to a contract. (3) If the operator is a husband and wife co-ownership, the application shall be signed by both the husband and the wife. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.4. How Does the Board Process an Application for Certification of a Used Oil Collection Center? (a) The Board issues an identification number to all used oil collection centers upon receipt of an application for initial certification. (b) All applications for certification are reviewed by the Board for compliance with these regulations and with the Act. (c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in a certification application. (d) The Board will notify an applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of the application that it is either: (1) Complete and correct and accepted for further review; or (2) Incomplete and rejected and the reason(s) for rejection. (e) Upon determining that an application is complete and correct, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) calendar days that certification is either: (1) Granted; or (2) Denied and the reason(s) for denial. (f) If the Board grants certification, the applicant shall receive the written notice, a certificate, and a certification sign. (g) If the Board denies certification of a used oil collection center, and the applicant wishes a hearing on such denial, a request for hearing must be made to the Board in writing. (h) Reasons for denial of certification may include, but are not limited to: (1) Failure to provide information or documentation to substantiate the application as stipulated in Section 18650.3 of this Chapter; (2) For recertification: (A) The used oil collection center's certification history demonstrates a pattern of operation in violation of the requirements of the Act, including any relevant regulations; (B) The used oil collection center's certification history demonstrates outstanding fines, penalties, or unresolved audit findings. 1. If the certification of a used oil collection center is denied, the applicant can reapply for certification at any time. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.5. May a Person Withdraw an Application for Certification? Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit the operator of a used oil collection center from reapplying at a later date. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.6. As the Operator of a Certified Used Oil Collection Center, Might There Ever be an Occasion When I Will Need to Submit a New Application? (a) Yes. An operator shall be required to file a new application with the Board in accordance with the requirements of this Chapter when any of the following conditions occur: (1) A change in the location of the certified used oil collection center; or (2) A change in the operator of the certified used oil collection center; or (3) Expiration of the certificate pursuant to Section 18650.8 of this Article. (b) Because a certificate is not transferrable (see Section 18650.9 of this Article, an application for initial certification must be submitted whenever there is a change in the location or operator of a certified used oil collection center. (c) An application for initial certification or recertification shall be submitted at least sixty (60) calendar days prior to any of the events listed in (a) above to avoid any loss of incentive payments. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.61. As the Operator of a Certified Used Oil Collection Center,. What Should I Do if I Decide to Cease Collection Center Operations? You should notify the Board, in writing, of your intention to cease collection center operations a minimum of thirty (30) days prior to cessation of operation. This written notice should indicate the date the collection center will cease accepting used lubricating oil from the public. Within thirty (30) days of cessation of operation, you must return your certificate and certification sign (if issued by the Board) to the Board. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.7. What Should I Do with the Certificate Once I Have Received It? (a) The certificate shall be kept on file at the used oil collection center. An operator may request that the certificate be kept on file at another location, and the Board may grant approval of such request when the request is submitted in writing and the following conditions are met: (1) A copy of the certificate with a statement indicating where the original certificate is maintained is kept at the used oil collection center; and (2) The original certificate is maintained at the main business office of the operator where records and reports meeting the requirements of this Chapter are maintained. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.8. When Does My Certificate Expire? A certificate shall be valid for two (2) years from the date certification is approved by the Board, or until such time as it is voluntarily surrendered by the operator, denied pursuant to Section 18650.4 of this Chapter, or canceled by the Board pursuant to Section 48660(a) of the Public Resources Code. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18650.9. Is a Certificate Transferrable or Assignable? No. The certificate is issued to a specific used oil collection center operator for a specific location and is neither transferrable nor assignable to any other person. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18651.0. What Must I Do with a Certificate Sign Once I Have Received It? (a) All certified used oil collection centers shall display a certification sign provided by the Board. The sign shall be in compliance with Public Resources Code Section 48660(b)(4) and will also include the following information: (1) State of California Certified; (2) Contaminated oil, or oil suspected of contamination, may not be accepted; (3) Space for insertion, by operator, of the center operating hours. (b) The certification sign must be posted in a location easily readable from a public street. The sign may be posted in a different location if requested in writing and approved in writing by the Board. (c) The certification sign shall not be displayed by any person, company, or other entity not approved for certification by the Board. (d) The certification sign is the property of the Board and shall be returned to the Board upon surrender, expiration, or cancellation of certification. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18651.1. What If Local Zoning Ordinances Prevent Posting of the Sign Provided by the Board? Where local zoning ordinances do not permit posting of the sign provided by the Board in accordance with Section 18651.0 of this Article, the Section 48660(b)(4) of the Public Resources Code, the collection center operator must petition the Board by submitting a written request describing how the center will meet these requirements. The Board shall notify the center in writing within thirty (30) calendar days of receipt of the petition that its request is either: (a) Approved; or (b) Denied and the reasons for denial. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18651.2. What Are the Required Operational Procedures for Certified Used Oil Collection Centers? (a) Certified used oil collection centers operators shall operate in accordance with all Federal, State and local laws and regulations. (b) Certified used oil collection centers shall accept used oil from the public at no charge and shall verbally offer to pay persons an amount equal to the recycling incentive the center will receive for the used oil. (c) Certified used oil collection center operators shall not accept more than twenty (20) gallons of used oil, in containers not larger than five (5) gallons, from a person each day. (d) Operators of certified used oil collection centers may set a maximum limit for used lubricating oil accepted at certified centers. The maximum limit may not be less than 5 gallons per person per day. (e) Used oil received from the public may be refused if it is contaminated by materials which render the used oil infeasible for recycling. Certified used oil collection center operators shall provide the name and address of the nearest business or governmental entity which accepts contaminated oil to any member of the public whose used oil is refused due to contamination. (f) If the collection center accepts used industrial oil in addition to used lubricating oil, it shall maintain a Used Industrial Oil Receipt Log. The Industrial Oil Receipt Log shall include: (1) Date used industrial oil received; and (2) Quantity of used industrial oil received, in gallons or quarts. (g) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility, it shall maintain a Used Oil Receipt Log. The Used Oil Receipt Log shall include: (1) An entry for each receipt of used oil. This entry shall include: (A) Printed name and signed name of patron; (B) Date received; (C) Quantity of oil received, in gallons or quarts; (D) Amount of recycling incentive fee paid, if any; (E) Indication if the oil is lubricating or industrial oil; and (F) An indication if the used lubricating oil was: 1. From out of state (in which case no incentive payment was made); or 2. Anonymously donated. (h) Logs must be available for inspection at the collection center, or other location specified in accordance with Section 18650.7 of this Article, during normal business hours. Logs must contain data for the last three-year period. (i) If the collection center is owned or operated by a used oil hauler or a used oil recycling facility: (1) The percentage of anonymously donated used lubricating oil received must not exceed ten (10) percent of the total amount received for any quarter. (2) The Board may refuse to pay the recycling incentive to the center for the amount of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter. (3) Should a center wish to receive payment of the recycling incentive for a quantity of anonymously donated used lubricating oil in excess of ten (10) percent of the total amount received for any quarter, the center shall petition the Board for approval. Such petition shall be a written request describing why the center is entitled to payment. The Board shall notify the center in writing within thirty (30) calendar days of receipt of the petition that it is either: (A) Approved, or (B) Denied and the reasons for denial. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(b), 48660(c), 48660(d), and 48670, Public Resources Code. s 18651.3. How Do I Calculate the Amount of Recycling Incentive I Owe to a Person Delivering Used Oil? (a) To calculate the payment, multiply the total number of quarts received by the value of the recycling incentive set by the Board. Payment to the patron must be based on a determination of the nearest quart. (b) A certified used oil collection center shall have available at all times graduated container capable of accurately measuring, in one quart increments, and safely transferring, one liquid gallon. The graduated container shall be used for measurement if the amount of oil brought in by the public is in question by either the patron or the collection center staff. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660(b)(2), Public Resources Code. s 18651.4. As the Operator of a Certified Used Oil Collection Center, How Do I Comply with the Act's Requirement for Periodic Advertising in Local Media? (a) Advertising using one or more of the following mechanisms at least once every six months shall constitute compliance with the requirements of the Act: (1) Newspaper, magazine, newsletter or other periodic publication; (2) Radio; (3) Press releases, public service announcements, or feature news; (4) Printed material including brochures or posters; (5) Outdoor advertising including billboards and transit signs; (6) Special events; (7) Television; (8) Direct mail; (9) Yellow pages. (b) An advertisement shall include the name, location, and hours used lubricating oil is accepted at the center and indicate that the center accepts used lubricating oil at no charge, and offers payment of the recycling incentive. (c) Two or more collection centers may jointly advertise their centers provided the name, location, and hours of each center is identified, and the form and frequency of advertisement complies with part (a) of this Section. The advertisement must also indicate that each center accepts used lubricating oil at no charge and offers payment of the recycling incentive. (d) Should a collection center wish to implement an advertising program different from that described in part (a) of this Section, the center shall petition the Board for approval by submitting a written request describing how the center will meet the advertising requirement of the Act. The Board shall notify the center in writing within a minimum of ten (10), a median of twenty (20) and a maximum of thirty (30) calendar days of receipt of the petition that its request is either: (1) Approved; or (2) Denied and the reasons for denial. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660, Public Resources Code. s 18651.5. As a Certified Used Oil Collection Center, How Can I Determine If Used Oil is Contaminated in Excess of That Which Would Occur Through Normal Use? In order to determine contamination in excess of that which would occur through normal use, a certified used oil collection center may test used oil received from the public for halogenated compounds, and may conduct verbal and/or visual screening. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660(c), 48660.5(a), and 48660.5(b)(1), Public Resources Code. s 18651.6. Under What Conditions Will a Contaminated Used Oil Shipment Be Eligible for Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code? (a) A shipment meeting both of the following conditions will qualify for reimbursement: (1) Used oil which meets the criteria of Public Resources Code Section 48660.5; and, (2) Used oil which has been properly disposed of and issued a receipt of disposal. A Uniform Hazardous Waste Manifest may be used for this purpose. Disposal, for the purpose of this Section, means incinerating, burying, or otherwise processing contaminated used oil for purposes of elimination which result in a higher cost than the cost to recycle non-contaminated used oil. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(a), 48660(c), Public Resources Code. s 18651.7. What Constitutes One Shipment in Regards to Reimbursement of Disposal Costs, Pursuant to Section 48660.5 of the Public Resources Code? A shipment may not exceed the capacity of the storage tank normally used by the certified used oil collection center to contain used lubricating oil received from the public. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5(c), Public Resources Code. s 18651.8. How Do I Apply for Reimbursement of Additional Disposal Costs Pursuant to Public Resources Code Section 48660.5? The Board shall reimburse an operator of a certified used oil collection center for the cost of hauling contaminated oil minus the amount normally charged to haul the same amount of uncontaminated oil pursuant to the requirements of Section 48660.5(a) of the Public Resources Code. To receive reimbursement, an operator must submit a written application to the Board. (a) An application must include: (1) The collection center name, its location, and its Board identification number; (2) The hazardous waste generator identification number (ID Number) assigned by either the California Department of Toxic Substances Control or the U.S. EPA; (3) Quantity of shipment for which reimbursement is sought, in gallons; (4) Source, type, and level of contamination (if known); (5) Registered hazardous waste hauler (pursuant to Article 6.5, Chapter 6.5, Division 20, Health and Safety Code) name, ID Number, and actual total disposal cost; (6) A statement signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: "I certify under penalty of perjury that the information contained in this application is true and correct to the best of my knowledge."; (7) Signature of collection center supervisor. (b) Applicant must also submit: (1) A copy of invoice or receipt from a used oil hauler indicating: (A) The Uniform Hazardous Waste Manifest number for the shipment; (B) Amount of actual total disposal cost minus the amount normally charged to pick-up the same amount of uncontaminated oil; (2) Copy of the Uniform Hazardous Waste Manifest from the used oil hauler; (3) Copy of established certified used oil collection center procedures for preventing contamination of oil with hazardous waste. (c) In any calendar year, a certified used oil collection center shall be reimbursed for not more than one shipment of contaminated used oil and for not more than five thousand dollars ($5,000) in disposal costs, subject to the availability of funds pursuant to Public Resources Code Section 48656. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48660.5, Public Resources Code. s 18651.9. Must Certified Used Oil Collection Centers Maintain Written Procedures to Prevent the Acceptance of Contaminated Used Lubricating Oil? (a) Yes. Established procedures for preventing the acceptance of contaminated used lubricating oil must be in writing and available to Board staff, collection center personnel, and the public during normal business hours. (b) Procedures may include: (1) Posted signs which list unacceptable contaminants; (2) A list of questions to ask patrons regarding contaminants; (3) A description of tests of used oil for the presence of contaminants. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660 and 48660.5, Public Resources Code. s 18653.0. Scope and Applicability. In addition to the general requirements of this Chapter, industrial generators, operators of curbside collection programs, and electric utilities wishing to claim the used oil recycling incentive must comply with the provisions of this Article. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.1. Purpose. The Board requires registration of all industrial generators, operators of curbside collection programs, and electric utilities to facilitate the payment of recycling incentives. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.2. As an Industrial Generator, Operator of Curbside Collection Program, or Electric Utility, How Do I Register to Receive Payment of Recycling Incentives? (a) To register to receive payment of the recycling incentive, a separate, complete application must be submitted to the board by each industrial generator, operator of a curbside collection program, or electric utility. (b) Applicants may apply for registration in either of the following ways: (1) Register separately for each location at which used lubricating oil is collected. (2) Register jointly for multiple used lubricating oil collection locations. If this option is chosen, a primary registrant must provide the infor mation required by Section 18653.3 of this Chapter. The following information must also be provided for each additional location: (A) Facility name; (B) Street address; (C) County; (D) Phone number; (E) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA. (3) Only applicants for registration which are from the same category may apply following the procedures described in section (2) above. For example, an industrial generator and a curbside collection program must submit separate applications for registration. (c) The filing period for applications is continuous. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.3. What Information Am I Required to Provide in the Application for Registration? (a) To be considered complete, applications for registration shall contain the following information: (1) A request for either initial registration, or for a change in registration. (A) If the application is for a change in registration, it shall include only that information which has changed since the last application for registration was submitted to the Board. (2) The type of organization which the generator or program represents. (A) If the organization is an individual business doing or proposing to do business under a different name, the applicant shall provide a copy of the fictitious business name statement. (B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement. (C) If the organization is a corporation, the applicant shall provide the corporate number as assigned by the Secretary of State. (D) If the organization is a husband and wife co-ownership, the application shall contain both names. (E) If the organization is a local government agency, the applicant shall provide a copy of either the authorizing letter or resolution from the governing board. (F) If the operation is a private, nonprofit program, the applicant shall submit verification of nonprofit status. Any one of the following will constitute verification: 1. A copy of a letter from the Federal Internal Revenue Service confirming tax exempt status pursuant to Section 501(c)(3) of the Internal Revenue Code; and 2. A copy of a letter from the State of California Franchise Tax Board confirming tax exempt status pursuant to Section 23701(d) of the Revenue and Taxation Code; or 3. A corporate number assigned by the Secretary of State. (3) The federal identification number (employer ID number) of the organization. (4) If the organization is an industrial generator or an electric utility, a description of the physical location of the facility in relation to the nearest cross street. (5) If an industrial generator or an electric utility, the name, street and mailing address, and phone number of the operation. (6) If an electric utility, the Public Utilities Commission identification number, if applicable. (7) If a curbside collection program, the name, street and mailing address, and phone number of the offices of the program operator. (8) If the organization is a curbside collection program, the actual days of collection, the jurisdiction or area serviced, and a description of other materials collected. (9) If applicable, the hazardous waste generator identification number assigned by either the Department of Toxic Substances Control or the U.S. EPA. (10) If an industrial generator, description of the type of business conducted. (11) An indication whether the proposed applicant also operates or owns a used oil hauler business, as defined in Public Resources Code Section 48623, or a used oil recycling facility, as defined in Public Resources Code Section 48624. (12) Identify the company name or individual and address to whom the Board should pay the recycling incentive. (13) Any other information the Board determines is necessary to aid in a finding that the organization is eligible for payment of recycling incentives pursuant to Public Resources Code Section 48651. (b) The application shall be signed by the applicant(s) as described below, under penalty of perjury. The signature block shall contain an affidavit stating the following: "I certify under penalty of perjury that the information contained in this application is true and correct to the best of my knowledge, and I agree to operate in compliance with the requirements of the California Oil Recycling Enhancement Act, and with all related regulatory provisions." (1) If the operator is a partnership, the application shall be signed by at least one partner with authority to bind the partnership. (2) If the operator is a firm, association, corporation, county, city, public agency or other governmental entity, the application shall be signed by the chief executive officer or the individual with authority to legally bind the entity to a contract. (3) If the operator is a husband and wife co-ownership, the application shall be signed by both the husband and wife. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.4. What Will the Board Do with the Application for Registration Once It is Submitted for Review? (a) The Board will issue an identification number to all industrial generators, operators of curbside collection programs, and electric utilities upon receipt of the application for registration. (b) All applications for registration will be reviewed by the Board for compliance with these regulations and with the Act. (c) The Board will periodically conduct field investigations to verify the ongoing accuracy of information contained in the registration application. (d) The Board will notify the applicant in writing within a minimum of six (6), a median of eight (8), and a maximum of ten (10) working days of receipt of the application that it is either: (1) Complete and correct and accepted for further review; or (2) Incomplete and rejected and the reasons for rejection. (e) Upon determining that an application is complete and correct, the Board shall notify the applicant in writing within a minimum of twenty-five (25), a median of thirty-five (35), and a maximum of forty-five (45) calendar days that registration is either: (1) Granted; or (2) Denied and the reasons for denial. (f) Reasons for denial of registration may include, but will not be limited to, any of the following: (1) Failure to provide information or documentation to complete the application as stipulated in Section 18653.3 of this Chapter; (2) The industrial generator's, curbside collection program's, or electric utilities' registration history demonstrates a pattern of operation in violation of the requirements of the Act, including all relevant regulations adopted herein; (3) The industrial generator's, curbside collection program's, or electric utilities' registration history demonstrates outstanding fines, penalties, or unresolved audit findings. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.5. As an Industrial Generator, Operator of a Curbside Collection Program, or an Electric Utility, May I Withdraw an Application for Registration? Yes. An applicant may withdraw an application from review by the Board. Such withdrawal shall be requested in writing and submitted to the Board. A withdrawal of application does not prohibit an industrial generator, an operator of a curbside collection program, or an electric utility from reapplying at a later date. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18653.6. As an Industrial Generator, an Operator of a Curbside Collection Program, or an Electric Utility Which Has Already Registered, Might There Ever Be an Occasion When I Will Need to Submit a New Application? (a) Yes. Should there be a change in any of the information included in the most recent registration application submitted to the Board you are required to submit a new application. (b) A new application shall be submitted at least sixty (60) calendar days prior to implementing the changes in part (a) above to avoid any lapse in incentive payments. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Section 48651, Public Resources Code. s 18654. How Does the Board Calculate Used Oil Recycling Rates? Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48631(c) and (d) and 48676, Public Resources Code. s 18655.1. Who Can Receive Recycling Incentive Payments? Used oil collection centers certified pursuant to Article 6 of this Chapter, and industrial generators, curbside collection programs, and electric utilities registered pursuant to Article 6.1 of this chapter are eligible to receive recycling incentive payments. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code. s 18655.2. On What Used Oil Can a Recycling Incentive Be Paid? (a) For industrial generators, certified used oil collection centers, and curbside collection programs, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a $0.04 per quart of $0.16 per gallon fee was paid to the State of California and, after use, was transported after April 1, 1993, by a used oil hauler to a certified used oil recycling facility, or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located, is eligible for payment of a recycling incentive. (b) Certified used oil collection centers may claim the recycling incentive only for used lubricating oil collected from the public and/or generated on-site by the used oil collection center. A certified used oil collection center cannot claim the recycling incentive for used oil generated by an entity other than the center, except used oil delivered by the public in quantities of no more than 20 gallons per person per day. (c) For electric utilities, all lubricating oil sold or transferred in this state or imported into this state after October 1, 1992, for which a $0.04 per quart or $0.16 per gallon fee was paid to the State of California and, after use, was used to generate electricity after April 1, 1993, is eligible for payment of a recycling incentive. Electric utilities may only claim recycling incentive payments for lubricating oil used in equipment owned by the electric utility. (d) If the Board finds that it has paid a recycling incentive for used lubricating oil which was transported to a non-certified used oil recycling facility, or to an out-of-state facility not in compliance with regulations of the state in which the facility is located, the claimant shall be responsible for refunding the amount of the payment to the Board. Any refunds may be deducted from future recycling incentive claims. (e) If the Board finds that it has paid the recycling incentive to the operator of a used oil collection center which was not accepting used lubricating oil from the public at no charge and offering the recycling incentive, the claimant shall be responsible for refunding the amount of the payment to the Board. Any refunds may be deducted from future recycling incentive claims. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code. s 18655.3. When Can an Incentive Claim Be Submitted? No more than three incentive claims per quarter shall be submitted to the Board. The last claim for a quarter must be postmarked on or before the last day of the month following that quarter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670, Public Resources Code. s 18655.4. How Long After Used Oil Is Hauled Away, or Used to Generate Electricity By an Electric Utility Must an Incentive Claim Be Submitted? A claim must be submitted by the last day of the month following the quarter in which the used lubricating oil was transported by a used oil hauler to a used oil recycling facility, or used to generate electricity by an electric utility. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), Public Resources Code. s 18655.5. How Do Incentive Claims Relate to Quarterly Reports, as Described in Public Resource Code Section 48670? (a) Incentive claims satisfy the quarterly report requirements. Businesses must provide a quarterly report or submit a recycling incentive claim only if they want payment for used oil hauled during the quarter. (b) Industrial generators, curbside collection programs, electric utilities, and certified used oil collection centers must submit an incentive claim/report on or before the last day of the month following each quarter in which used lubricating oil was: (1) Transported by a used oil hauler to a certified used oil recycling facility; (2) Transported by a used oil hauler to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located; or (3) Used by an electric utility to generate electricity. (c) No more than three incentive claims/reports will be accepted for each quarter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code. s 18655.51. If I Operate More Than One Certified Used Oil Collection Center, May I Submit a Single Recycling Incentive Claim? (a) Yes, upon written approval by the Board. (b) If an operator of more than one certified collection center wishes to submit a single incentive claim for multiple centers, the operator shall make such request for approval in writing. The Board shall notify the operator in writing within forty-five (45) calendar days of receipt of the request that it is either: (1) Approved; or (2) Denied and the reasons for denial. (c) A single incentive claim for multiple centers must include the information required by Sections 18655.6(b), (3), (5), (6), (7), (8), and (9) of this Chapter, for each certified center. The person completing the single incentive claim must provide the information specified in Sections 18655.6(b) (1), and (b)(2) and sign a penalty of perjury statement pursuant to part (b)(4). (d) Manifest or modified manifest receipts and, if applicable, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling fee must include the identification number as issued by the Board pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), 48660, and 48670, Public Resources Code. s 18655.6. What Must Be Submitted With an Incentive Claim? Incentive claims submitted by industrial generators, curbside collection programs, certified used oil collection centers and electric utilities must: (a) Be accurate, complete, and typed or legibly handwritten in English; and (b) Contain all of the following information: (1) Full name, address, and telephone number of the certified or registered entity preparing the incentive claim/report; and (2) Full name and telephone number of a contact person for purposes of the report; and (3) The identification number as issued by the Board pursuant to Section 18650.4(a) or 18653.4(a) of this Chapter. (4) The signature and title of the representative of the entity authorized to prepare the report. The signature block shall contain an affidavit stating the following: "I certify under penalty of perjury that the information contained in this claim/report, including attached copies of invoices, manifests and manifest receipts, is true and correct, and that no other claim has been submitted on this used oil to the best of my knowledge."; and (5) If applicable, the amount of new lubricating oil purchased from a vendor or an oil manufacturer in the quarter or since the last incentive claim/report was submitted. Specify if no lubricating oil was purchased; (6) If lubricating oil was purchased, copies of the purchase receipts, invoices, or other documentation showing payment of the $0.04 per quart or $0.16 per gallon lubricating oil recycling fee to a vendor or the State of California; (7) The amount of used lubricating oil transported to a certified used oil recycling facility or to an out-of-state facility registered with the U.S. EPA and in compliance with the regulations of the state in which the facility is located for the period since the previous claim; (8) Copies of completed, typed or legibly handwritten manifests or modified manifest receipts from used oil haulers pursuant to Health & Safety Code Section 25250.8 for the amount of used lubricating oil for which a claim is being made; (9) Electric utilities shall include the amount of lubricating oil used to generate electricity pursuant to Public Resources Code Section 48651(b) for the period since the previous claim; and (10) The total monetary amount being claimed. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code. s 18655.7. Where Are Incentive Claims Submitted? Incentive Claims and Quarterly Reports shall be delivered to the Board's main business office, to the attention of the Accounting Section. The outside of the package containing the claims must be clearly marked: "Used Oil Recycling Incentive Claim Enclosed." Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b) and 48670, Public Resources Code. s 18655.8. What Records Must I Keep to Support an Incentive Claim? (a) Certified used oil collection centers must: (1) If applicable, retain copies of purchasing receipts for all lubricating oil purchased that denote a fee of $0.04 per quart or $0.16 per gallon was paid to the State of California or a vendor; and (2) Retain copies of manifests or modified manifest receipts from used oil haulers to support an incentive payment claim; and (3) Maintain a log consistent with Section 18651.2 of this Chapter, if used industrial oil is accepted in addition to used lubricating oil. (b) Curbside collection programs must: (1) Retain copies of manifests or modified manifest receipts from used oil haulers to support an incentive payment claim. (c) Electric utilities must: (1) Retain copies of purchasing receipts for all lubricating oil purchased that denote a fee of $0.04 per quart of $0.16 per gallon was paid to the State of California or to a vendor; and (2) Maintain documentation indicating: (A) The date that used lubricating oil from utility-owned equipment was used to generate electricity; and (B) The amount, in gallons of used lubricating oil from utility-owned equipment that was used to generate electricity. (d) Industrial generators: (1) Must retain copies of purchasing receipts for any lubricating oil purchased that specify a fee of $0.04 per quart or $0.16 per gallon was paid to the State of California, or to the distributor; and (2) Must retain copies of manifests or modified manifest receipts from used oil haulers; and (3) Must retain all vouchers issued by the Board verifying refunds of fees paid by the Board for lubricating oil that was ultimately used for a use exempt from payment pursuant to Section 48650 of the Public Resources Code. Note: Authority cited: Sections 40502 and 48670, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code. s 18655.9. What Happens If My Incentive Claim is Rejected? The Board will notify the claimant within thirty (30) calendar days if an incentive claim is rejected and include the reasons for rejection. The claimant may resubmit a revised claim. If the Board denies payment of an incentive claim, the claimant may submit a written request for a Board hearing. Request for a hearing must be submitted within thirty (30) days of notification of rejection. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48660 and 48680, Public Resources Code. s 18656.0. How Long Will It Take for the Board to Process My Claim? You can expect payment for your incentive claim within fifty (50) calendar days of the postmark date of your claim. The Board will process and forward your claim for payment to the State Controllers Office (SCO) within 35 days after the postmark date. If the Board finds cause to investigate any provisions of your claim this time period will be extended until resolution. The SCO will pay the claim within 15 calendar days of receipt of the claim from the Board. Note: Authority cited: Sections 40502 and 48641, Public Resources Code. Reference: Sections 48651(a) and (b), and 48670, Public Resources Code. Section 926.17, Government Code. s 18658.0. Scope and Applicability. The regulations contained in this Chapter pertain to grants from the California Used Oil Recycling Fund (Fund) to local agencies for the implementation of used oil collection programs. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48690 and 48691, Public Resources Code. s 18658.1. Programs Eligible for Funding. (a) Used oil collection programs eligible for funding from the Fund shall provide for activities relating to the implementation of existing or new used oil collection programs. These programs shall meet either of the criteria listed below or a combination of the two based upon how many residents are served by each: (1) Ensure that at least one certified used oil collection center is available for every 100,000 residents not served by curbside used oil collection. For example, one certified used oil collection center must be available for a program with 100,000 residents or less, and three must be available for a program serving 240,000 residents. The center shall accept used oil from the public at no charge. The center shall be open at least four days a week for a total of 20 hours of which three hours each week are outside the weekday hours of 8:00 a.m. through 5:30 p.m. (2) Provide curbside collection at least once a month. (b) Programs eligible for funding from the Fund shall include a public education program to inform the public of locally available used oil recycling opportunities. (c) A local agency may implement its used oil collection program in conjunction with other similar programs in order to improve used oil recycling efficiency. (d) A county or local agency whose program has not served a specific city or area within the county is not eligible to obtain the funds the city or area would have been eligible to receive. (1) A county may not claim the service area of a city that provided a used oil collection program for the area if the city meets the following criteria: (A) Was the sole sponsor of the used oil collection program for its respective jurisdiction or was part of a regional program of which the county was not a participant; and (B) Notified the Board and the county in writing by August 31 of the grant year that it met the provisions of this section. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613 and 48691, Public Resources Code. s 18658.2. Grant Application Process. (a) To apply for a block grant, an applicant must comply with the following: (1) A local agency with an eligible program shall submit the documents specified in Section 18659.1 of this Chapter in order to apply for a grant award. (2) An original and three (3) copies of the documents required shall be submitted to the California Integrated Waste Management Board, at its principal place of business in care of the Household Hazardous Waste Section. all materials submitted will become the property of the Board and will be retained for a minimum of three years. (3) The required application documents must be received by the Board on or before the close of the application period specified in Section 18658.3 of this Chapter. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48653 and 48657, Public Resources Code. s 18658.3. Grant Application Period. Grant applications will be accepted beginning on the first business day of September until the end of the workday on the last business day of October. Applications received after the last business day in October will be returned to the applicants. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48653 and 48691, Public Resources Code. s 18659.0. Grant Amount. (a) As specified in Section 48653 of the Public Resources Code, grants will be given for the implementation of local used oil collection programs to cities, based on the city's population, and counties, based on the population of the unincorporated area of the county. Grants to regional programs will be based on the combined population of each city or unincorporated area which is a participant in the regional program. (b) A local agency shall receive no more than one grant per year from the Fund. Local agencies can pool grant funds to implement regional used oil collection programs. (c) All population statistics will be obtained through the most current annually revised Department of Finance Report on Population Estimates for California Cities and Counties, which is hereby incorporated by reference. (d) The population of the unincorporated area in each county and population of each city will be used as a base number to determine the awarded grant amount. The Board will calculate the grant amount each applicant will receive. (e) To determine the grant amount available to a local agency, the following formula will be used: (1) Divide A, the total amount in the block grant account, by B, the population of the state, to calculate C, the fraction or per capita value. A / B = C (2) Multiply C, the per capita value, by D, the population of the local agency or regional program, to calculate E, the maximum grant amount the local agency is eligible to receive. C x D = E Note: Authority cited: Sections 48641, 48653 and 48690, Public Resources Code. Reference: Section 48613, Public Resources Code. s 18659.1. Contents of the Grant Application. (a) A local agency which is eligible for a grant award, pursuant to Section 18658.1 of this Chapter, shall submit to the Board a grant application. The grant application shall include, but not be limited to all of the following: (1) An Application Cover Sheet, provided by the Board as form CIWMB 306 "Application Cover Sheet" (9/92), which is incorporated herein by reference. (See Appendix A.) (2) A Program Report, which shall include: (A) A description of the used oil collection program and the problem that the program is addressing; (B) An explanation of the program's goals or objectives; (C) Identification of the tasks necessary to complete the proposed program and an implementation schedule for the proposed tasks; (D) If applicable, the geographic area to be serviced by a used oil curbside collection program; (E) The local agency's population and the population served by the local agency's used oil collection program; (F) The operation plan which describes how the program will be conducted. This may include, but is not limited to, frequency of pickup for a curbside collection program; days and hours of operation for a used oil collection center(s); type of equipment or facilities used; and method of used oil storage and disposal; (G) A description of the proposed public education program to inform the public of locally available used oil recycling opportunities; (H) A description of funding sources other than the grant from the Fund, which will be used for the program; (I) Description of cooperative efforts between local government agencies and interested citizen associations and groups, if any, regarding implementation of the program; and (J) If a program includes establishing a new used oil collection center(s) to meet the block grant eligibility requirements as specified in Section 48691 of the Public Resources Code, the report shall include a description of how the local agency will ensure the certification of the collection center at the earliest opportunity. (3) A Budget Report consisting of the itemized costs of the program. This shall include, but is not limited to, the cost of staffing, used oil contractor fees, the cost of public education, public awareness and/or advertising costs, and any purchases of equipment or materials. The budget report shall also contain the source(s) of funding, fees collected, as well as the total cost of all used oil collection programs for which the request for a grant is being made. (4) To apply for a grant as a regional program a signed copy(s) of the written agreement between the governing bodies involved authorizing the grant application to act on their behalf shall be included in the grant application. (5) An approved resolution from each applicant's governing body authorizing submittal of the application and identifying the individual authorized to execute any agreements and contracts to carry out the program. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48690 and 48691, Public Resources Code. s 18659.2. Review of Grant Application. (a) Board staff shall review an application for a grant to verify that it is complete and satisfies the criteria contained within Section 18659.1 of this Chapter. (b) Board staff may request additional information related to the grant application required pursuant to Section 18659.1 of this Chapter if the application is incomplete. The applicant will have a minimum of 10 (ten) working days, or an additional time period specified by the Board, to submit the requested information to the Board or will be disqualified from consideration for a grant. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48690 and 48691, Public Resources Code. s 18659.3. Terms and Conditions of a Grant Agreement. (a) The grant recipient and the Board shall enter into a written grant agreement which contains a description of the program, as approved, and which identifies and ensures compliance with the terms and conditions specified in this Section. (b) The grant recipient shall obtain prior written approval from the Board, or its designated representative, for any changes to the grant agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the change(s). (c) The grant recipient shall submit an annual report to the Board, for the term of the grant agreement, on or before January 1 following receipt of the grant. The report shall include any amendments to the local used oil collection program; a description of the implementation of the program and the extent to which the program was successful in addressing the problem of illegal disposal of used oil; and a description of how the block grant for the previous year was expended if applicable. The report shall also include the following information: (1) A description of the used oil collection center program and/or curbside collection program; (2) An account of the number of participants in the program; (3) The amount of used oil collected as a result of the used oil collection center or curbside collection program(s), whichever is applicable; (4) A description of the public education efforts; and (5) A description of measures taken by the local agency to continue the program. (d) Grant recipients shall comply with all applicable federal, state and local laws, ordinances, regulations and permits. The recipient shall maintain certification of the used oil collection center(s) pursuant to Section 48660 of the Public Resources Code. (e) If a program includes establishment of a new used oil collection center(s) or a new curbside collection program(s) to meet the block grant eligibility requirements as specified in Section 48691 of the Public Resources Code, up to fifty percent (50%) of the grant amount available to a local agency may be withheld until the new collection center(s) becomes certified or the new curbside collection program becomes operational. (f) If during the term of the grant a collection center(s) used by a local agency to qualify for a block grant: (1) Does not have an application(s) for certification on file with the Board; or (2) The center's application(s) or reapplication(s) is denied; or (3) The center's certification(s) is canceled; Then the local agency may be required to return grant funds used for that center(s). (g) If during the term of the grant a curbside collection program(s) used by a local agency to qualify for a block grant ceases to operate, the local agency may be required to return grant funds used for that program(s). Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48690, Public Resources Code. s 18659.4. Payment of Grant Funds. Block grant recipients will be awarded grant funds during January of each grant year. Note: Authority cited: Section 48641, Public Resources Code. Reference: Section 48690, Public Resources Code. s 18659.5. Auditing. (a) The Board, the State Controller's Office, and the State Auditor General's Office, or their designated representatives, shall have an absolute right of access to all of the grant recipient's records pertaining to a California Used Oil Recycling Block Grant. (b) All local agencies receiving block grants from the Fund shall maintain an accounting system which utilizes generally accepted accounting principles and practices. In addition to accounting records, all source documents associated with the accounting records shall be maintained. Source documents include, but are not limited to, bid summaries, contracts with the grant recipient, change orders showing approval by a city or county engineer, purchase orders, invoices, paid warrants, time sheets, labor distribution reports and payroll registers. (c) The accounting records and pertinent documents shall be retained by the grant recipient for at least three (3) years after expiration of the grant agreement, or until the completion of a Board action and/or resolution of issues which may arise as a result of any litigation, claim negotiation or audit. (d) If an audit reveals that grant funds have been distributed for a program which has either not met the criteria of Section 18658.1 of this Chapter, and/or has not spent grant funds in accordance with the grant agreement, the grant recipient shall repay the money received, plus interest, at the rate the State would have earned on this money had it remained in the Fund. Such forfeitures shall revert to the Fund. (e) The Board may terminate any grant in whole, or in part, at any time before the date of completion, whenever it is determined by the Board that the recipient has failed to comply with the terms or conditions of the grant agreement. The Board shall notify the recipient within five (5) working days, in writing, of the determination, the reasons for termination of the grant, and the effective date of termination. Note: Authority cited: Section 48641, Public Resources Code. Reference: Sections 48613, 48674, 48690 and 48691, Public Resources Code. s 18660.5. Definitions. (a) For the purposes of this Chapter, the following shall apply: (1) "Act" or "the Act" means the Electronic Waste Recycling Act of 2003 (Senate Bill 20, Chapter 526, Statutes of 2003), as amended. (2) "Approved Collector" means an authorized collector as defined in Section 42463(b) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recovery payments from approved recyclers. (3) "Approved Dual Entity" means an entity that is both an "approved collector" and an "approved recycler" as defined in this Section. (4) "Approved Recycler" means a "covered electronic waste recycler" as defined in Section 42463(i) of the Public Resources Code who applies to the CIWMB for approval and whose application is approved pursuant to this Chapter and therefore may be eligible for recycling payments from the CIWMB. (5) "Bare CRT" means a Cathode Ray Tube with the vacuum relieved and the yoke removed that has been separated from the device housing and has had all circuit boards, wiring and other components detached from the tube. (6) "Bare Panel" means an LCD, gas plasma, or other non-CRT video display panel that has been separated from the device housing and has had all circuit boards, lamps, wiring and other components detached from the panel. (7) "Board" means the California Integrated Waste Management Board, when these regulations refer to an official action that be taken by Board members. (8) "Cancellation" means a processing or treatment method that qualifies CEWs for recycling payments, removes the CEWs from the payment system eliminating the possibility of double payments, and results in treatment residuals as specified in Section 18660.32 of this Chapter. (9) "CRT" means a Cathode Ray Tube with the yoke still attached that has been separated from a CRT device. (10) "CRT device" means a whole covered electronic device containing a Cathode Ray Tube. (11) "California Sources" of CEWs are consumers, as defined in Section 42463(d) of the Public Resources Code, located in California who generate CEWs after their own use of the CEW. California sources may include, but are not limited to the business sector, residential sector, local government, state government, schools and other institutions within the borders of California. Entities who take, further handle, consolidate, store, or otherwise deal with discarded, donated or collected CEWs are not California consumers, or California sources. (12) "CIWMB" means the California Integrated Waste Management Board, when these regulations refer to the entity as a whole, including staff. (13) "Collective Report" means a report submitted to the CIWMB through a trade association, a group of associations, or other organization that represents more than one manufacturer. (14) "Commingled" means mixed together and impossible to economically or practically separate. (15) "Covered Electronic Waste" or "CEW" means a discarded device that DTSC has determined to be a covered electronic device, as specified by Section 42463(f) of the Public Resources Code. (16) "Designated Approved Collector" means an approved collector, as defined in subsection (a)(2) of this section, that has been designated by a California local government to provide CEW collection services for or on behalf of the local government and who, in the course of providing the services for the local government, would not be subject to the source documentation requirements pursuant to Section 18660.20(j)(1)(B) of this Chapter. (17) "DTSC" means the Department of Toxic Substances Control. (18) "End-Use Destination" means the location where the treatment residuals from the approved recycler are sent after cancellation. (19) "Illegal Disposal" means, for the purposes of this Chapter, the disposal or placement of CEWs on a property without the permission of the owner(s) of, or responsible party(ies) for, the property. (20) "Load" means a single transfer (a pick up or delivery) of CEWs, such as from a consumer to a collector or from a collector to a recycler. (21) "Load Check Activities" means, for the purposes of this Chapter, the efforts made to identify, retrieve and divert from the disposed solid waste stream those CEWs that have been illegally discarded by generators. "Load Check Activities" do not include the rejection or acceptance of CEWs due to the lack of source documentation. (22) "Manufacturer Payment" or "Manufacturer Take Back Payment" means a payment made by the CIWMB to a registered manufacturer that takes back covered electronic wastes (CEWs) from a California source for the purposes of recycling the CEW pursuant to Section 42476(g) of the Public Resources Code. (23) "Manufacturer Payment Claim" means a registered manufacturer's request submitted to the CIWMB with all required documentation for a manufacturer payment. (24) "Manufacturer Take Back" means a program administered by a registered manufacturer that accepts CEWs from California sources for the purposes of recycling. (25) "Non-Profit or Charitable Organization" means, for the purposes of this Chapter, an organization that obtains tax exempt status from the Federal Internal Revenue Service or State of California Franchise Tax Board. (26) "PBBs" mean Polybrominated Biphenyls (27) "Product Category" means the types of covered electronic devices as defined in Section 42463(f) of the Public Resources Code. These categories include, but are not limited to, the following: (A) Cathode Ray Tubes (CRTs) devices used in televisions, (B) CRTs devices used in monitors, (C) Liquid Crystal Display (LCD) monitors, (D) Laptop computers containing LCD screens, and (E) Other video display devices as specified by the DTSC pursuant to Section 25214.10.1(d) of the Health and Safety Code. (28) "Proof of approval" means the unique identification number and expiration date, issued by the CIWMB that identifies a collector or recycler as being approved pursuant to this Chapter. (29) "Proof of designation" means a letter or other document that must be secured by a designated approved collector from a California local government that, at a minimum, specifies the following information: (A) The beginning and end dates of the designation. (B) The geographic area within which the designated approved collector is providing CEW collection services for the local government and the locations(s) at which the collection service is provided. (C) The customer type to be served by the designated approved collector (i.e. residential, commercial, etc). (D) The nature of collections activities to be provided by the designated approved collector (i.e. drop-off receipt, curbside service, illegal disposal clean-up, etc). (E) Contact information for the designating authority. (F) If the proof of designation secured by the designated approved collector is a document other than a letter from the local government, the proof must also include the designated approved collector's written notification to the local government that such other document has been used. The written notification provided to the local government must be accompanied by a copy of the document being used to demonstrate designation. (G) If, after January 1, 2005, and before the effective date of this regulation, a designated approved collector has secured a document from a local government that does not meet the definition of proof of designation as specified in this Section, such document may be used by a designated approved collector to comply with applicable requirements of this Chapter through March 31, 2006. (30) "Recovery payment" means the payment made by an approved recycler to an approved collector in exchange for the transfer of CEWs pursuant to Section 42477 of the Public Resources Code. (31) "Recovery payment request" means an approved collector's request for recovery payment made to an approved recycler accompanying the transfer of CEWs. (32) "Recycling payment" means the payment made by the CIWMB to an approved recycler that includes a recovery component related to recycler payments to collectors pursuant to Section 42477 of the Public Resources Code and a recycling component for CEW cancellation pursuant to Section 42478 of the Public Resources Code. (33) "Recycling payment claim" means an approved recycler's claim that includes all required documentation submitted to the CIWMB for recycling payments for cancelled CEWs. (34) "Registered Manufacturer" means a manufacturer as defined in Section 42463(n) of the Public Resources Code who registers with the CIWMB pursuant to this Chapter and therefore may be eligible for manufacturer payments from the CIWMB. (35) "Source-anonymous CEWs" means CEWs whose originating California source cannot be identified in collection log information required pursuant to Section 18660.20(j)(1)(B) of this Chapter. (36) "Transfer" or "Transferred" means physically changing possession of CEWs, such as a transfer from a consumer to a collector or from a collector to a recycler. (37) "Treatment residuals" means any material resulting from the dismantling or treatment of a CEW. Treatment residuals are not considered CEWs and are not eligible for payment. In some cases, treatment residuals may be used to demonstrate the prior processing of CEWs, and bills of lading for the material may be required as part of the claim for payment submitted by an approved recycler. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463, 46465.2, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.6. Applicability and Limitations. (a) Limitations on the types of CEWs eligible for payments: (1) An approved collector may request recovery payment only for the types of CEWs specified by DTSC that are transferred to an approved recycler by the collector. (2) An approved recycler may claim recycling payment only for the types of CEWs specified by DTSC that are received from an approved collector and are cancelled by the recycler. (3) A registered manufacturer may claim manufacturer payment only for the types of CEWs specified by DTSC that the manufacturer takes back for recycling. (b) Limitations on the timeframes eligible for payments: (1) An approved collector, an approved recycler, or a registered manufacturer shall not receive payment for any CEWs transferred from a California source before January 1, 2005. (2) An approved collector shall not request recovery payments from recyclers for transfers that occur prior to the approval of the collector's application by the CIWMB. (3) An approved recycler shall not claim recycling payments from the CIWMB for transfers or cancellation that occurs prior to the approval of the recycler's application by the CIWMB. (4) A registered manufacturer shall not claim manufacturer payments from the CIWMB for recycling that occurs prior to the manufacturer's registration with the CIWMB. (c) Limitations on the Sources of CEWs and CEWs eligible for payments: (1) Only CEWs resulting from a California source are eligible for recovery, recycling, or manufacturer payments. (2) CEWs owned by a person in California, but used entirely outside of California are not eligible for payments. (3) Source-anonymous CEWs, documented pursuant to Section 18660.20(j)(1)(D) of this Chapter, are eligible for recovery and recycling payments if: (A) The source-anonymous CEWs result from load check activities as defined in Section 18660.5(a)(21) conducted at permitted solid waste facilities whose operator is an approved collector or, if not an approved collector, the source-anonymous CEWs are directly transferred from the permitted solid waste facility to an approved collector; or (B) The source-anonymous CEWs result from illegal disposal clean-up activities conducted by an approved collector who is a local government or its designated approved collector; or (C) The source-anonymous CEWs result from illegal disposal on property owned or managed by an approved collector that is a non-profit or charitible organization as defined in Section 18660.5(a)(25) of this Chapter. (4) CEWs are transferred to a designated approved collector are not eligible for payments unless the CEWs are accompanied by applicable source documentation pursuant to Section 18660.20(h) of this Chapter. (d) Limitations on the ability of collectors and recyclers to charge a fee: (1) If the recovery payment from a recycler does not fully cover the net cost of CEW recovery, and the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector, then an approved collector may charge a fee for CEW recovery. (2) If the recovery payment from a recycler fully covers the net cost of CEW recovery, an approved collector shall provide CEW recovery at no charge to California consumers or the CIWMB may revoke approval and direct recyclers to deny recovery payments to the collector. (3) If the recycling payment from the CIWMB does not fully cover the net cost of CEW recycling, an approved recycler may charge a fee for CEW recycling. (4) If the recycling payment from the CIWMB fully covers the net cost of CEW recycling, an approved recycler shall provide CEW recycling at no charge to approved collectors or the CIWMB may revoke approval and deny recycling payments to the recycler. (e) Limitations on recovery payments: (1) An approved recycler shall make recovery payments at or above the minimum rate specified in Section 18660.33 of this Chapter to approved collectors for all CEWs transferred to the recycler. (2) The CIWMB shall revoke a recycler's approval and deny recycling payments to a recycler that fails to make recovery payments to approved collectors as specified in this Chapter. (3) An approved recycler shall not make the recovery payments as specified in this Chapter to collectors who are not approved pursuant to this Chapter. (4) An approved recycler may make other types of payments, not provided for under this Chapter, to a collector regardless of the collector's approval status. (5) An approved recycler shall not provide recovery payments to a collector other than the approved collector that transfers the CEWs to the recycler, but nothing limits the collectors involved in prior transfers from negotiating payments among themselves unrelated to the recovery payment provisions of this Chapter. (6) An approved collector is eligible for recovery payments only if the collector establishes a cost-free opportunity for a California source to transfer CEWs to the collector. (f) Limitations on recycling payments: (1) The CIWMB shall make recycling payments only to approved recyclers who: (A) Cancel CEWs using cancellation methods as specified in Section 18660.32 of this Chapter. (B) Document cancellation and meet the other requirements of this Chapter. (2) The CIWMB shall not make recycling payments to a recycler other than the approved recycler that cancels the CEWs, but nothing limits the recyclers involved in subsequent transfers from negotiating payments among themselves unrelated to the recycling payment provisions of this Chapter. (3) The CIWMB shall not make recycling payments for reuse of either a whole CEW or of a partially disassembled CEW, such as a CRT with an attached yoke. (4) If treatment residuals are disposed to land, water or air, then a recycler shall not be eligible for recycling payments for the original CEWs unless the treatment residual is not economically feasible to recycle and/or cannot be recycled because it would pose a hazard to public health, safety or the environment. (g) Limitations in relation to current business practices: (1) The CIWMB shall not limit the ability of approved collectors and approved recyclers to transfer or not transfer CEWs to or from any party. (2) The CIWMB shall not limit the ability of approved collectors and approved recyclers from entering into contracts with each other or other parties. (3) The CIWMB shall not limit the ability of collectors to recover CEWs or recyclers to recycle CEWs without participating in the system described in this Chapter. (4) If collectors wish to receive recovery payments or recyclers wish to receive recycling payments, then they must meet the requirements in this Chapter. (h) Limitations on recycling payments on exported CEWs and treatment residuals: (1) The CIWMB shall not approve recyclers located outside the State. CEWs sent to unapproved recyclers are not eligible for payments pursuant to this Chapter regardless of the location of the unapproved recycler. (2) If treatment residuals are disposed to land, water or air, then a recycler shall not be eligible for recycling payments for the original CEWs unless the treatment residual is not economically feasible to recycle and/or cannot be recycled because it would pose a hazard to public health, safety or the environment. (i) Limitations on the manufacturer payment system: (1) The CIWMB shall not register any entity other than a manufacturer as defined in Section 42463(n) of the Public Resources Code to be a registered manufacturer. (2) The CIWMB shall not make manufacturer payments to any entity other than a registered manufacturer. (3) A registered manufacturer shall only claim payment for, and the CIWMB shall only make manufacturer payments for, CEWs received from California sources that are processed for recycling that in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. (4) A registered manufacturer shall not claim payment for, and the CIWMB shall not make manufacturer payments for, CEWs that are reused, repaired, refurbished or otherwise returned to use. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42472(b), 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.7. Document Submittals. (a) A collector, a recycler, or a manufacturer shall prepare and submit applications, registrations, claims and/or reports required pursuant to this Chapter in the manner designated by the CIWMB. (b) The CIWMB shall only accept collector, recycler or dual entity applications, claims and reports containing all the required information and bearing an original signature of the primary applicant, or a person with signature authority as designated by the primary applicant pursuant to Section 18660.11 of this Chapter. (c) The CIWMB shall only accept manufacturer registrations, claims and reports containing all the required information and bearing an original signature of the primary registrant, or a person with signature authority as designated by the primary registrant pursuant to Section 18660.35 of this Chapter. (d) The CIWMB shall provide forms upon request that may be used to meet the requirements for the applications, registrations, and payment claims specified in this Chapter. (e) A collector, a recycler, or manufacturer shall ensure that applications, registrations, claims, reports and all applicable supporting documentation are accurate, complete, and typed or legibly handwritten in English using permanent ink. A collector or a recycler may void errors only by using a single line through the error. A collector or a recycler shall not use correction fluid, correction tape or erasures for correcting errors on any document required by or submitted to the CIWMB. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.8. Records. (a) An approved collector, an approved recycler, or a registered manufacturer shall send written notice to the CIWMB regarding any change in location, or intent to establish a new location, of records required by this Chapter no less than 10 days prior to the change. In the written notice, an approved collector or an approved recycler shall include its name and identification number from the proof of approval, the complete present and potential future address of the location of the records, if applicable, and the names and telephone numbers of the individuals responsible for such records. (b) All records maintained pursuant to this Chapter must include the books of account that are ordinarily maintained by a prudent business person engaged in the same activity, together with all bills, receipts, invoices, manifests, cash register tapes, or other documents of original entry supporting the entries in the books of account. (c) An electronic data processing system must have built into its program a method of producing visible and legible records that will provide the necessary information to determine compliance with the requirements of this Chapter. (d) An approved collector, an approved recycler, or a registered manufacturer shall maintain records for at least three years. (e) An approved collector, an approved recycler, or a registered manufacturer shall maintain records that are originals, and typed or legibly handwritten in English. (f) An approved collector, an approved recycler, or a registered manufacturer shall not store records in an unprotected area, in an outside location, in a motor vehicle or in a location where the records are likely to become contaminated, damaged or stolen. (g) An approved collector, an approved recycler, or a registered manufacturer shall maintain records suitable for examination prepared and retained in accordance with generally accepted accounting principles and good business practice. (h) If the CIWMB determines that records do not meet the conditions in this Section, the CIWMB may revoke approval and/or deny payments. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.9. Audits. (a) The CIWMB, or persons authorized by the CIWMB, may conduct audits of approved collectors, approved recyclers, and registered manufacturers to determine compliance with the requirements of this Chapter. (b) As part of an audit, the CIWMB may do any one or all of the following in relation to CEW recovery or recycling: (1) Review, examine or investigate any books, records, accounts, and/or documentation. (2) Observe, review, examine or investigate any on-site activities, operations, processes, CEWs, treatment residuals or other materials. (3) Observe and inspect transactions. (4) Verify measurements, counts, weights, and calculations. (5) Examine and verify revenue, cost and net cost information and calculations. (6) Use other examination procedures to investigate recovery payments, recycling payments, manufacturer payments, transfers of CEWs or treatment residuals, costs, revenue, net costs, or other activities related to determining compliance with this Chapter. (c) An approved collector, an approved recycler, or a registered manufacturer shall provide CIWMB staff, or persons authorized by the CIWMB, access to location(s) and/or records for the purpose of audits related to the requirements of this Chapter, and for any or all of the following purposes in relation to CEW recovery or recycling: (1) To determine compliance with the CIWMB's regulations and with the provisions of the Act. (2) To determine the accuracy of the information provided in the application for approval or registration. (3) To determine the accuracy of the information, calculations, weights, counts, and other data upon which claims for payments or payments are based. (4) For the investigation of complaints related to recovery payments to collectors. (5) For the investigation of complaints related to the geographic origin of CEWs. (6) To obtain cost data, revenue data and net cost calculations required for the CIWMB to set and adjust the Standard Statewide recovery payment rate, recycler payment rate and consumer fees. (7) To obtain sample data to calculate component weight to device weight conversion factors. (8) To inspect any records required by this Chapter or the Act. (d) If an approved recycler, or a registered manufacturer fails to provide reasonable access for audits pursuant to this Section, the CIWMB shall do one or more of the following: (1) Deny approval or registration if a renewal is pending. (2) Revoke an existing approval or registration. (3) Recoup monies previously paid by the CIWMB, which were the subject of the audit, accumulated interest, and any associated penalties. (4) Deny current and future claims for payments. (e) An approved recycler or a registered manufacturer that must repay monies to the CIWMB based on the results of a CIWMB audit shall pay the entire amount, including the original amount, accumulated interest, and any associated penalties. (f) An approved recycler or a registered manufacturer shall make any payments, repayments or recoupments in U.S. dollars by check, draft, money order or cashier's check payable to the State of California, Integrated Waste Management Board, or to a designee selected by the CIWMB. (g) If an approved collector fails to provide reasonable access for audits pursuant to this Section, the CIWMB shall do one or more of the following: (1) Deny approval if a renewal is pending. (2) Revoke an existing approval. (3) Direct approved recyclers to deny current and future claims for recovery payments. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.10. Net Cost Report. (a) To adjust the statewide recovery and recycling payment rates, establish future payment schedules and adjust the consumer fees, the CIWMB shall periodically update information concerning the net costs of CEW recovery and CEW recycling. (b) An approved collector or an approved recycler shall maintain records and provide information for use by the CIWMB in the update on their actual net costs to operate. (c) An approved collector or an approved recycler shall use the following allowable revenues and costs for use in the calculation of net costs: (1) Revenues in relation to CEW recovery or recycling, other than the payments required pursuant to this Chapter, including but not limited to: (A) Up-front revenues received, such as from fees charged. (B) End-use revenues, such as from commodity values. (2) Costs in relation to CEW recovery or recycling including, but not limited to: (A) The actual costs of receiving, handling, processing, storing, transferring and transporting CEWs. (B) The actual costs of canceling CEWs. (C) Labor. (D) Property taxes. (E) Depreciation. (F) Utilities. (G) Supplies. (H) Fuel. (I) Insurance. (J) Interest. (K) General overhead. (L) Facilities and equipment rent or lease. (M) Maintenance. (N) Transportation. (O) Handling costs. (P) Disposition costs. (Q) A reasonable rate of profit or return on investment. (R) Marketing, promotion and public education. (d) An approved collector and approved recycler shall submit to the CIWMB a report on the net costs of recovery and/or recycling for the prior calendar year, including: (1) An annualized summary of the revenues, costs, and net cost (costs minus revenues) of CEW recovery and/or CEW recycling based on the records maintained pursuant to Sections 18660.20(j)(3) and 18660.21(l)(5) of this Chapter. (2) Name, identification number and mailing address. (3) The name and phone number of a contact person for purposes of the report. (4) The reporting year and date of preparation of the report. (5) The total annualized revenues excluding recovery and recycling payments received from the CIWMB, plus a list of the types of revenues included in the revenue calculation. (6) The total annualized costs, plus a list of the types of costs included in the cost calculation. (7) The total annualized net costs (annualized costs minus annualized revenues). (8) The net cost per pound of CEW recovery and the net cost per pound of CEW recycling. (9) The signature and title of a person with signature authority for net cost reports as designated pursuant to Section 18660.11 of this Chapter. (10) The signature block shall state and certify the following statement: "I hereby declare under penalty of perjury that this net cost report, including any and all figures, calculations and accompanying documents has been examined by me and is true, correct and complete." (11) The date and place of the signing of the report. (e) An approved collector or an approved recycler shall convert any data captured on a per unit basis to a per pound basis for the purposes of determining revenues, costs and net costs. (f) The CIWMB may revoke approval and/or deny recycling payments for failure to submit a net cost report, or for the submission of a fraudulent report. (g) The net cost report shall be submitted to the CIWMB on or before March 1, 2006, and each year thereafter. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42464, 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.11. General Application Requirements. (a) Collectors and recyclers may submit an application to become approved at any time. (b) In applications for approval, collectors and recyclers shall provide the following general information: (1) Name of organization. (2) Type of organization: (A) If the organization is an individual doing or proposing to do business under a different name, the applicant shall provide a copy of any fictitious business name statement. (B) If the organization is a partnership, the applicant shall provide a copy of the current partnership agreement and any fictitious business name statement. (C) If the organization is a corporation, the applicant shall provide the corporate number and Articles of Incorporation and name and position of all current corporate officers as filed with the Secretary of State, any fictitious business name statement, and the agent for service of process. (D) If the organization is a corporation from a state other than California, the applicant shall provide a copy of the approved certificate from the California Secretary of State qualifying and authorizing the corporation to transact business in California. (E) If the organization is a husband and wife co-ownership, the applicant shall provide both names and any fictitious business name statement. (F) If the organization is a local government agency, and is applying as a recycler or dual entity, the applicant shall provide a copy of the authorizing resolution from the governing board. (G) If the organization is a limited liability company (LLC), the applicant shall provide a copy of the Articles of Organization and Statement of Information as filed with the Secretary of State, any operating agreement, any fictitious business name statement, and the agent for service of process. (H) If the organization is a limited liability company from a state other than California, the applicant shall provide a copy of their certificate from the California Secretary of State authorizing the LLC to transact business in California. (I) If the organization is a non-profit or charity, the applicant shall provide a description and a copy of the appropriate designation documentation. (3) Mailing address and physical address. (4) Name of the contact person. (5) Telephone number(s) of the contact person. (6) An e-mail address of the contact person or organization, if available. (7) List(s) of the persons (if any), in addition to the primary applicant, who are authorized to sign: (A) Payment claims. (B) Net cost reports. (C) Other payment related correspondence with the CIWMB. (8) An indication of whether the collector or recycler wishes to be included in an on-line registry. (9) The location in which the records required by this Chapter will be maintained. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.12. Additional Application Requirements for Collectors. (a) In addition to the general application information required in Section 18660.11 of this Chapter, a collector shall also include the following information: (1) The date and the name under which the collector notified DTSC as a CRT and/or universal waste handler. (2) A description of the existing or proposed collection operation, including but not limited to: (A) The types of California sources from which the collector may recover CEWs, including but not limited to households, businesses, and/or other collectors. (B) The type(s) of CEWs that may be recovered by the collector. (C) Whether the collector may recover CEWs from outside of the State of California. (D) The cost-free opportunity(ies) established by the collector for a California source to transfer CEWs to the collector as required by Section 42476(f)(2) of the Public Resources Code. (3) Certification statements by the collector as follows: (A) "The undersigned collector agrees under penalty of immediate revocation of approval and denial of recovery payments that as an approved collector:" 1. "I shall make reasonable efforts to ensure that any CEWs for which payment is claimed originate from a California source." 2. "I shall provide free CEW collection to California consumers if the payments I receive from recyclers fully covers the net cost of collection, transportation and charges paid to the recycler." 3. "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions." 4. "I shall establish a cost-free CEW collection opportunity for California sources." (B) "The undersigned collector certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct." (4) The name and signature of the primary applicant who has the authority to sign and bind the collector to this application. (5) The date and location of application. (b) The CIWMB shall not approve a collector located outside the United States, unless required to by treaty. If the CIWMB must approve a collector outside the United States, the collector must comply with the requirements of Section 42476.5 of the Public Resources Code. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42476.5, 42477, 42478 and 42479, Public Resources Code. s 18660.13. Additional Application Requirements for Recyclers. (a) In addition to the general information required in Section 18660.11 of this Chapter, a recycler shall also include the following information: (1) Documentation that the recycler has fulfilled DTSC notification and authorization requirements regarding the handling and processing of CEWs. (2) A description of the recycling operation, including: (A) The method(s) of cancellation used by the recycler. (B) The types of CEWs cancelled by the recycler, pursuant to Section 18660.32 of this Chapter. (C) Estimated percentages of cancelled CEWs expected to originate from inside of and from outside of the State of California annually. (3) An explanation and documentation showing how the demonstrations in Public Resources Code Section 42479(b) have been satisfied, including but not limited to the following: (A) The recycler is in compliance with applicable requirements of Chapter 23 of Division 4.5 of Title 22 of the California Code of Regulations. (B) The recycler demonstrates to the CIWMB that the recycler's facility meets all of the following standards: 1. The facility has been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A). If a DTSC inspection has been requested but not yet completed, then the CIWMB will review the remainder of the application but withhold approval until the DTSC inspection is completed and the facility found to be in conformance. 2. The facility is accessible during normal business hours for unannounced inspections by state or local agencies. 3. The facility has health and safety, employee training, and environmental compliance plans and certifies compliance with the plans. 4. The facility meets or exceeds the standards specified in Chapter 1 (commencing with Section 1171) of Part 4 of Division 2 Division 4 (commencing with Section 3200), and Division 5 (commencing with Section 6300), of the Labor Code or, if all or part of the work is to be performed in another state, the equivalent requirements of that state. (4) Unless the recycler is applying as a dual entity, the name, address, contact person's name and telephone number of at least one (1) collector from which the recycler has accepted, has contracted to accept or intends to contract to accept CEWs for cancellation with a letter from the collector certifying under penalty of perjury that California CEWs from that collector will be transferred to the recycler for recycling. (5) A completed "Payee Data Record" STD. 204 form (Rev. 6-2003) - Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by the CIWMB and is hereby incorporated by reference. (6) Certification statements by the recycler as follows: (A) "The undersigned recycler agrees under penalty of perjury and of immediate revocation of approval and denial of recycling payments that as an approved recycler:" 1. "I shall fully reimburse an approved collector for all CEWs and/or CEWs transferred at the rate specified in this Chapter within 60 days" 2. "I shall not adjust fees, charges or other contract provisions upward for the purpose of negating the recovery payment to approved collectors." 3. "I shall provide free CEW recycling by accepting without charge CEWs from approved collectors if the payment from the CIWMB fully covers the net cost of CEW recycling." 4. "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions." (B) "The undersigned certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct." (7) The name and signature of the primary applicant who has the authority to sign and bind the recycler to this application. (8) The date and location of application. (b) The CIWMB shall not approve a recycler located outside California. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.14. Additional Application Requirements for Dual Entities. (a) An entity that is both a collector and a recycler at the same location may apply for both approvals, and if approved will be an approved dual entity. (b) In addition to completing and submitting one copy of the General information required in Section 18660.11 of this Chapter, all dual entity approval applications shall contain the information required in Sections 18660.12 and 18660.13 for collector applications and recycler applications, respectively. (c) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a collector, shall meet all the requirements in this Chapter for approved collectors. (d) Unless there are specific "dual entity" provisions, an approved dual entity, when acting as a recycler, shall meet all the requirements in this Chapter for approved recyclers. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.15. CIWMB Review of Applications. (a) Upon receipt of the application, the CIWMB will notify the applicant within 30 calendar days if the application is complete or incomplete. (b) If the CIWMB determines the application is incomplete, with exception of a pending inspection by DTSC, the CIWMB notification will list the missing information, and the applicant will have 30 calendar days from the notification to provide the missing information or the CIWMB will deny the application. (c) After the CIWMB determines that an application is complete, the CIWMB will notify the applicant within 30 calendar days whether the application has been: (1) Approved, and if so, proof of approval bearing a unique approval identification number will be provided stating the type of approval granted: (A) Approved collector, and/or (B) Approved recycler. (2) Denied, and if so, the cause(s) for denial will be listed. After denial, an application to become approved may be resubmitted at any time after the causes for denial have been corrected. (d) The CIWMB shall not charge collector or recyclers to process an application. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.16. Approval Term and Applications for Renewal. (a) An approved collector's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the collector continues to meet and fulfill the requirements of this Chapter, and the collector continues to operate in conformance with DTSC requirements. (b) An approved recycler's approval remains valid for 2 years following the date of approval provided that the information in the original application remains unchanged, the recycler continues to meet and fulfill the requirements of this Chapter, and the recycler continues to operate in conformance with DTSC requirements and submit to inspections by DTSC. (c) To renew approval, a collector or recycler shall re-apply to the CIWMB on a biennial basis at least 90 calendar days prior to the expiration date of approval. (d) If a collector or recycler fails to renew approval, after the expiration date all of the following conditions apply: (1) The approval is expired and invalid. (2) The collector or recycler shall be ineligible for all payments set forth in this Chapter. (3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.17. Prohibited Activities. (a) The CIWMB may deny a renewal or revoke the approval of a collector or recycler for any of the following prohibited activities: (1) Failure by a collector or recycler to operate in conformance with DTSC requirements. (2) Failure by a recycler to submit to a DTSC inspection within any 12-month period. (3) Failure by a recycler to provide recovery payments to approved collectors as specified in this Chapter. (4) Failure to submit to CIWMB audits as specified by this Chapter. (5) Failure to submit a net cost report as specified in Section 18660.10. (6) Transferring an approval or proof of approval to any other person. (7) Altering the proof of approval. (8) A material breach of any of the certification statements contained in the application. (9) Fraudulently requesting a recovery payment. (10) Fraudulently claiming a recycling payment. (11) Submitting a fraudulent net cost report. (b) If the CIWMB denies a renewal or revokes an approval for prohibited activities, all of the following conditions apply: (1) The approval is immediately invalid. (2) The collector or recycler shall be ineligible for all payments set forth in this Chapter. (3) The collector or recycler shall immediately return any issued proof of approval to the CIWMB. (c) A collector or recycler may not reapply for approval until 180 calendar days after denial or revocation for prohibited activities. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.18. Changes to an Approved Application. (a) An approved collector or an approved recycler shall reapply to the CIWMB for approval at least 90 calendar days prior to the change taking effect, if one of the following changes may occur: (1) A change in recovery, recycling or business practices that will prevent the approved collector or approved recycler from meeting the requirements of this Chapter. (2) A change in recovery, recycling or business practices that will result in the breach of a certified statement on the application or in a prohibited activity as specified in Section 18660.17 of this Chapter. (b) If an unforeseen change occurs an approved collector or an approved recycler shall notify the CIWMB of the change within ten calendar days after the unforeseen change. In cases of notification after a change specified in subsections (1) or (2) in part (a) of this Section, the CIWMB may revoke the approval immediately or may require the collector or recycler to reapply for approval. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.19. Appeal of Denial or Revocation of Approval. (a) If the CIWMB denies an application for approval or revokes an approval, the collector or recycler may appeal that decision and request a hearing within 30 calendar days after the date of the denial or revocation. Any appeal received by the CIWMB after 30 calendar days from the date of the denial or revocation shall be denied without a hearing or consideration of the appeal. (b) This appeal provided for in this Section is also governed by the general administrative adjudication provisions of the California Administrative Procedure Act, found at Chapter 4.5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11400. This appeal is not subject to the provisions of Chapter 5 of Part 1 of Division 3 of Title 2 of the Government Code, commencing with Section 11500. (c) The collector or recycler requesting a hearing must submit the appeal in writing and ensure that it is received by the CIWMB's main business office, to the attention of the Legal Office. The collector or recycler shall clearly mark the outside of the package containing the appeal with: "e-Waste Appeal Enclosed". (d) In an appeal, a collector or recycler shall include, at a minimum, all of the following: (1) The collector's or recycler's name, mailing address, contact name and daytime telephone number. (2) The type of approval: collector, recycler or both. (3) The location and street address. (4) The date on the notification from the CIWMB and the stated reasons for denial or revocation. (5) A statement of the basis for objecting to the denial or revocation. (e) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. (f) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the application, the reasons for denial or revocation, and any additional relevant information presented by the applicant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. (g) The Board may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. (h) The CIWMB will notify the collector or recycler of the final determination in writing within 20 calendar days from the date on which the Board adopts a final decision. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42463(b) and 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code. s 18660.20. Requirements for an Approved Collector. (a) Upon CIWMB approval of its application, an approved collector may begin requesting recovery payments for CEWs transferred to approved recyclers after the approval. (b) An approved collector shall comply with the requirements of this Chapter, including: (1) Begin collection activities from California sources within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to begin collection activities within 180 days. (2) Transfer at least one (1) load of CEWs to an approved recycler within 180 calendar days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 calendar days of approval. The CIWMB may revoke approval if a collector fails to transfer at least one load of CEWs within 180 calendar days of approval. (c) An approved collector shall make reasonable efforts to determine if CEWs it collects are from California sources or from non-California sources and shall keep track of those materials separately. Reasonable efforts may include any of the following, but are not limited to: (1) Posting signs and asking consumers. (2) Conducting spot checks and/or surveys. (3) Checking for a valid California identification of a person, a California license plate on a vehicle, and/or a bill of lading showing a California origin. (4) Requiring additional documentation from consumers or collectors delivering large numbers of CEWs. (5) Not allowing CEWs from being dropped-off anonymously or illegally disposed at the approved collector's facilities or operations. (d) An approved collector shall not knowingly request recovery payment for non-California CEWs. (e) An approved collector shall determine if CEWs they transfer to recyclers have already been cancelled, and shall keep track of those materials separately. (f) An approved collector shall not request recovery payment for previously cancelled CEWs. (g) An approved collector shall show the CIWMB-issued proof of approval, or a legible photocopy, bearing the unique identification number when requesting recovery payments from an approved recycler. If an approved collector, or its agent, fails to show the proof of approval, the approved recycler may deny recovery payment. (h) An approved collector shall provide to any collector or recycler information on the origin (California or non-California) and cancellation status of CEWs transferred, including but not limited to the following: (1) Signed statement listing the sources(s) of the transferred CEWs. (2) A copy(ies) of the applicable portions of the collection log specified in subsection (j) of this section that describe the collection activities that resulted in the transferred CEWs. (3) Written description of any activity, such as packaging and consolidation, that explains any discrepancy between the CEWs transferred and the CEWs collected as recorded in a log specified in subsection (j) of this section. (4) A copy of any applicable proof of designation specified in subsection (k) of this section associated with CEWs collected while acting as a designated approved collector for a local government. (i) An approved collector shall operate in accordance with all Federal, State and local laws and regulations. (j) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved collector shall maintain the following records: (1) A collection log containing: (A) A brief written description of collection activities or events, including the type of consumers targeted for collection, the dates and locations the activities occurred, and an estimate of the weight of CEWs collected. (B) Approved collectors that are not California local governments, nor entities acting as the designated approved collector for a California local government, shall maintain a list of all consumers who transfer CEWs to the approved collector, including the name and address of the consumer and the number of CEWs transferred. (C) A list of other handlers and approved collectors who transferred CEWs to the approved collector in any month, including the name and address of the other handler and approved collector and the number of CEWs transferred and the sources of those CEWs as recorded pursuant to parts (A) and (B) of this Section. (D) When collecting source-anonymous CEWs, all approved collectors shall log this activity separately and provide a brief written description of the activity or incident that resulted in the source-anonymous CEWS, the date and location of the activity or incident, the number and an estimate of the weight of source-anonymous CEWs collected from the location of the activity or incident, and a name, organizational affiliation, address and phone number of a person responsible for the site of the activity or incident. (2) Records of transfers by load and recovery payments from approved recyclers, including signed and dated receipts showing the weight of CEWs transferred. The approved collector shall identify and record each approved recycler using the name and identification number from the recycler's "proof of approval." (3) Records on the costs, revenues and net costs associated with the collection, transportation and disposition of all CEWs handled as specified in Section 18660.10 of this Chapter. (k) An approved collector that is acting as a designated approved collector for a local government shall do the following: (1) Secure proof of designation as defined in Section 18660.5(a)(29) of this of this Chapter. (2) Provide a copy of the applicable proof of designation to another approved collector or approved recycler at the time CEWs are transferred from the designated approved collector to another approved collector or approved recycler. (3) A designated approved collector shall be relieved only of the source documentation requirement specified by Section 18660.20(j)(1)(B) of this Chapter only for those collection activities that occur within the designation as specified in subsection k(1) of this section. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.21. Requirements for an Approved Recycler. (a) Upon CIWMB approval of its application, an approved recycler may begin claiming recycling payments for CEWs received from an approved collector and cancelled after the approval. (b) An approved recycler shall comply with the requirements of this Chapter, including: (1) Begin CEW cancellation activities within 180 calendar days of approval. The CIWMB may revoke approval if a recycler fails to begin CEW cancellation within 180 days. (2) Accept transfer of and cancel at least one (1) load of CEWs from an approved collector within 180 days of approval. Approved dual entities may also meet this requirement by both collecting and canceling at least one load of CEWs within 180 days of approval. The CIWMB may revoke approval if a recycler fails to cancel at least one load within 180 days of approval. (3) Record each approved collector's proof of approval identification number and provide a receipt showing the weight, or number, of CEWs transferred and the amount of the corresponding recovery payment made to the collector. (4) Make recovery payments to approved collectors, or their agents, for all CEWs transferred, in accordance with this Chapter, at the time of transfer of CEWs, or at a later time specified in a written contract between the approved collector and approved recycler, but not more than 60 days from the date of transfer. (5) Cancel CEWs by one or more of the manners prescribed in Section 18660.32 of this Chapter. (6) Submit recycling payment claims to the CIWMB as specified in Sections 18660.22 through 18660.31 of this Chapter. (7) Submit to and obtain a DTSC inspection, within any 12-month period. (c) Based on information supplied by approved collectors, an approved recycler shall, at a minimum, keep track of the weight of CEWs from both California and non-California sources transferred from approved collectors and ensure that recycling payments are not claimed for non-California source materials. (d) An approved recycler shall not provide recovery payment to approved collectors for CEWs from outside California, or to approved collectors that refuse to provide information on CEW origin pursuant to Section 18660.20(h) of this Chapter. (e) An approved recycler shall not claim recycling payments for non-California CEWs. (f) Approved recyclers shall determine if CEWs they accept from collectors have already been cancelled and shall, at a minimum keep track of the weight of those materials and ensure that recycling payments are not claimed for these materials. (g) An approved recycler shall not provide recovery payment to approved collectors for previously cancelled material. (h) An approved recycler shall not claim recycling payments for previously cancelled material. (i) An approved recycler may deny recovery payments for commingled loads in which CEWs cannot be distinguished from other materials. (j) An approved recycler shall operate in accordance with all Federal, State and local laws and regulations. (k) An approved recycler shall measure, record and report weights in pounds. An approved recycler shall weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures). (l) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, an approved recycler shall maintain the following records: (1) A recycling log containing a brief written description of CEW transfers by load from approved collectors and the dates the transfers from collectors occurred. (2) Records of CEW transfers, including all documentation received from an approved collector as specified in Section 18660.20(h), and recovery payments made to approved collectors, including signed and dated receipts showing the weight of CEWs transferred. (A) The approved recycler shall identify and record each approved collector using the name and identification number from the collector's "proof of approval." (B) The approved recycler shall record separately the quantity of source-anonymous CEWs transferred from an approved collector. (3) Records showing the definitive cancellation of CEWs by weight, date and cancellation method upon which a payment claim is based. (4) Records for all bills of lading for treatment residuals including the following information: (A) Date of shipment. (B) Quantity and material type in shipment. (C) Full name and address of shipper. (D) The full name and address of the buyer or other transferee, and shipping name and address if different. (5) Records on the net costs associated with the disposition of all CEWs handled, the net costs of accepting the transfer of CEWs, the net costs of each cancellation method used, and any additional administrative costs of providing recovery payments to approved collectors. (6) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.22. General Requirements for Recycling Payment Claims. (a) An approved recycler shall submit all of the following general information in a claim for recycling payments from the CIWMB: (1) The full name, mailing address, and federal tax identification number of the recycler preparing the report. (2) The name and phone number of a contact person for purposes of the report. (3) The reporting period (calendar month and year) and date of preparation of the report. (4) The total weight of CEW devices claimed, as calculated in Sections 18660.23, 18660.24, and 18660.25 of this Chapter. (5) The total monetary amount being claimed. (6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.11 of this Chapter. The signature block shall include the following certification statements: (A) "I hereby declare under penalty of perjury that:" 1. "The recycler is currently in compliance with all Federal, State and local requirements, including compliance with the requirements of the Act and this Chapter." 2. "All claimed CEWs have been cancelled as specified in Section 18660.32 and are unable to re-enter the payment system." 3. "I have certified the weights and verified the calculations, including the adjustments for CEWs from non-California sources and for prior cancellation." 4. "This payment claim, including any and all accompanying documents has been examined by me and is true, correct and complete." 5. "I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment" 6. "I further understand that fraud could result in revocation of the recycler's approval." (7) The date and place of the signing of the claim. (b) For each cancellation method used, an approved recycler shall submit no more than one recycling payment claim per calendar month and may only include one reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter, in a single recycling payment claim. An approved recycler shall prepare payment claims for different cancellation methods separately, but may submit a package containing all the claims for a reporting period. (c) An approved recycler shall attach all of the following to the payment claim: (1) For all CEWs received from collectors, that are not included in a prior claim, a report that includes: (A) A list of approved collectors from which the transfers of CEWs were accepted with the name and proof of approval identification number of each. (B) The total weight of CEWs in all loads transferred from the approved collector. Note that this weight may not equal the weight claimed for recycling payment because recovery payments are made on the weight of all CEWs transferred while recycling payments are made on the weight of only those CEWs cancelled. (C) The total amount of recovery payments made to approved collectors. (D) A copy(ies) of the applicable records specified in Section 18660.21(l)(1)- (4) pertaining to the collection and processing activities involving the CEWs cancelled and being claimed for payment. (E) The total weight of source-anonymous CEWs transferred from approved collectors. (2) For all CEWs cancelled, that are not included in a prior claim, a description of cancellation activities that includes the types of cancellation used and the time period(s) in which each cancellation method occurred. (3) For all CEWs that are not cancelled but are transferred to another entity, that are not included in a prior claim, a description and quantification of those activities including but not limited to repair, refurbishment, resale, reuse, transfer and/or export. (d) An approved recycler shall deliver recycling payment claims to the CIWMB's main business office, to the attention of the Accounting Section. An approved recycler shall mark the outside of the package containing the claims clearly with "e-Waste Claim Enclosed." (e) An approved recycler shall submit timely recycling payment claims so that the CIWMB receives each claim within 45 days of the end of the reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB may return without payment any claim received more than 45 days after the end of the reporting period, as specified by Sections 18660.23, 18660.24 and 18660.25 of this Chapter. The CIWMB shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by the CIWMB, whichever is earlier. (f) The CIWMB may reject a claim if it fails to comply with the general requirements of this Section, or the additional requirements in the applicable provisions regarding cancellation methods in Sections 18660.23, 18660.24 and/or 18660.25 of this Chapter. (g) The CIWMB's rejection of a recycling payment claim shall not extend any applicable due date or time period. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.23. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Crushing or Shredding. (a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT-containing CEWs through crushing or shredding as specified in Section 18660.32 of this Chapter. (b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled. (c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of CRT glass cullet were sent to an end use destination. (d) The reporting period for a recycling payment claim pursuant to this Section is the month in which shipment(s) of CRT glass cullet were made. (e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through crushing or shredding as follows: (1) The total weight of CRT-containing CEWs cancelled for the reporting period. (2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter. (3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. (f) An example calculation for canceling CRT-containing CEWs through crushing or shredding is included for illustration purposes as follows: The weight of CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim (g) An approved recycler shall attach to the payment claim the following documentation from all shipments of CRT glass cullet made during the reporting period of a calendar month: (1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. (2) The date of the shipment and the weight of the CRT glass cullet. (3) Weight tickets of individual shipments of CRT glass cullet. (4) Verification of post cancellation disposition, including: (A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment. (B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. (C) For all shipments of CRT glass cullet, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. (h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.24. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of CRTs or CRT-Containing CEWs Through Dismantling to a Bare CRT After Relieving the Vacuum. (a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum as specified in Section 18660.32 of this Chapter. (b) An approved recycler shall base recycling payment claims on the weight of CRT-containing CEWs cancelled. (c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which one or more shipments of bare CRTs were sent to an end use destination. (d) The reporting period for a recycling payment claim pursuant to this Section is the month in which the shipment(s) of bare CRTs were made. (e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling CRT-containing CEWs through dismantling to a bare CRT as follows: (1) The total weight of CRT-containing CEWs cancelled. (2) The total payment claimed, calculated by multiplying the weight of CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter. (3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. (f) An example calculation for canceling CRT containing CEWs through dismantling to a bare CRT after relieving the vacuum is included for illustration purposes as follows: The weight of CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim (g) An approved recycler shall attach the following documentation for all shipments of bare CRTs made during the reporting period of a calendar month: (1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. (2) The date of the shipment and the weight of the bare CRTs. (3) Weight tickets of individual shipments of bare CRTs. (4) Verification of post cancellation disposition, including: (A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading and an executed contract or other documentation from the intended recipient of the shipment. (B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. (C) For all shipments of bare CRTs, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. (h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the CRT-containing CEWs, including but not limited to metals, plastics, fibers and wood. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.25. Additional Requirements for Recycling Payment Claims to Demonstrate Cancellation of Non-CRT-Containing CEWs. (a) In addition to the general information required in Section 18660.22 of this Chapter, an approved recycler shall include the information in this Section to claim recycling payments for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as specified in Section 18660.32 of this Chapter. (b) An approved recycler shall base recycling payment claims on the weight of the cancelled non-CRT-containing CEWs. (c) An approved recycler shall submit a recycling payment claim within 45 calendar days of the end of a calendar month in which it cancels non-CRT-containing CEWs. (d) The reporting period for a recycling payment claim pursuant to this Section is the calendar month the cancellation occurs. (e) An approved recycler shall calculate the payment and include the calculation in a recycling payment claim specific to canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW as follows: (1) The total weight of non-CRT-containing CEWs prior to cancellation for the reporting period. Note that non-CRT-containing CEWs commingled with other material are ineligible for recycling payment. (2) The total payment claimed, calculated by multiplying the adjusted weight of non-CRT-containing CEWs cancelled by the Standard Statewide combined recovery and recycling payment rate specified in Section 18660.34 of this Chapter. (3) If the amount in subsection (1) of this Section includes CEWs from outside California or previously cancelled materials, then the recycler shall reduce the payment claim to reflect these corrections by adjusting the weights. (4) For each cancelled non-CRT-containing CEWs, the recycler shall record and report the manufacturer name, model number, serial number and weight prior to processing. (f) An example calculation for canceling non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW is included for illustration purposes as follows: The weight of non-CRT-containing CEWs cancelled: 1000 pounds Times the per pound Standard Statewide combined recovery and recycling payment rate: X $0.48 Equals the payment claim for the reporting period: = $480.00 Total Claim (g) An approved recycler shall attach the following documentation for all shipments of circuit boards from non-CRT-containing CEWs made during the reporting period of a calendar month: (1) Shipping reports to end use destinations, including the names of the shipping recycler and the receiving end-use destination. (2) The date of the shipment and the weight of the circuit boards. (3) Weight tickets of individual shipments of the circuit boards. (4) Verification of post cancellation disposition, including: (A) For shipments by sea, the proof of disposition to an end-use destination shall be the on-board bill of lading. (B) For other shipments, the proof of disposition to an end-use destination shall include a receipt issued by the person receiving the shipment and any applicable bill of lading. (C) For all shipments of non-CRT-containing CEWs circuit boards, a discussion of the ultimate disposition of the material shipped demonstrating that the disposition is not disposal to land, water or air. (h) In addition to the documentation required in subsection (g), an approved recycler shall attach to the payment claim a description and quantification of the disposition of other treatment residuals derived from cancellation of the non-CRT-containing CEWs, including but not limited to metals, plastics, and fibers. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.30. CIWMB Review of Recycling Payment Claims. (a) The CIWMB shall review a recycling payment claim and determine if a recycling payment is due pursuant to this Chapter. If the CIWMB has cause to investigate any aspect of a claim, the review will be extended until resolution of all issues aspects under investigation. (b) The CIWMB may deny payment for any of the following reasons: (1) The CIWMB determines that: (A) The signature on the claim is not that of a person with signature authority for recycling payment claims as designated pursuant to Section 18660.11 of this Chapter. (B) The recycler did not have current approval for the reporting period and/or the cancellation period in the claim. (C) The approved recycler failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter. (D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and the CIWMB verified values and calculations. (E) The facility has not been inspected by DTSC within the past 12 months, as specified in Section 42479(b)(2)(A) of the Public Resources Code. (F) The recycler is ineligible for payment pursuant to Section 42479(b)(1) of the Public Resources Code. (2) The CIWMB has prevailed against the claimant in a civil or administrative action and money is owed to the CIWMB as a result of the action. (3) The CIWMB discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.31. Appeal of Denied or Adjusted Recycling Payment Claims. (a) An approved recycler may file a formal appeal by writing to the CIWMB within 30 calendar days of the warrant date of an adjusted payment or the date of the notice denying the claim. (b) Any appeal received by the CIWMB after 30 calendar days from the date of the adjustment letter from the CIWMB on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal. (c) An approved recycler shall include all of the following information in a written appeal: (1) The recycler's name and identification number from its proof of approval. (2) The month(s) and year(s) in question. (3) A copy of the recycling payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed. (4) An explanation of why the adjustment or denial was in error. (5) Any other documentation that supports the appeal. (d) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. (e) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. (f) The CIWMB may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. (g) The CIWMB will notify the recycler of the final determination in writing within 20 calendar days from the date on which Board adopts a final decision. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42479, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code. s 18660.32. Cancellation Methods. (a) The CIWMB shall not pay recycling payment claims unless the cancellation method used meets the requirements of this Section. (b) An approved recycler shall not use or propose cancellation methods that are inconsistent with any DTSC requirements for handling or otherwise processing CEWs. (c) An approved recycler may use the following standard CEW cancellation methods that qualify for recycling payments as specified in the requirements of this Chapter: (1) CRT or CRT-containing CEW cancellation through crushing or shredding. (2) CRT or CRT-containing CEW cancellation through dismantling to a bare CRT after relieving the vacuum. (3) Cancellation of non-CRT-containing CEWs through dismantling to a bare panel or crushing/shredding of the entire CEW. (d) An approved recycler may submit proposals for alternative cancellation methods to the CIWMB for review on a case-by-case basis. The CIWMB, in consultation with DTSC, shall act within 180 calendar days to disapprove an alternative method, approve an alternative method for use only by the requesting recycler, or approve an alternative method for use by all recyclers. (e) An approved recycler shall not claim, and the CIWMB shall not pay, recycling payments for CEWs "cancelled" with an alternative method unless the CIWMB has previously approved the alternative method. The CIWMB shall deny payment on any CEWs "cancelled" with an alternative method prior to CIWMB approval. (f) Reuse of either an intact CEW or of a partially disassembled CEW, such as a CRT with an attached yoke, is not cancellation and is not eligible for recycling payments. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.33. Standard Statewide Recovery Payment Rate. (a) An approved recycler shall pay an approved collector at least the Standard Statewide recovery payment rate of $0.20 per pound for all CEWs transferred to the recycler regardless of the real or anticipated disposition of the CEWs. (b) In addition to the Net Cost Report described by Section 18660.10 of this Chapter, an approved collector or an approved recycler may submit test results, studies or other information for the CIWMB to consider when the Standard Statewide recovery payment rate is reviewed and adjusted, if necessary, biennially. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.34. Standard Statewide Combined Recovery and Recycling Payment Rate. (a) The CIWMB shall pay an approved recycler the Standard Statewide combined recovery and recycling payment rate of $0.48 per pound for the weight of CEWs cancelled pursuant to the requirements of this Chapter, which includes a component for recovery costs and a component for recycling costs. (b) In addition to the Net Cost Report described by Section 18660.10 of this Chapter, an approved collector or an approved recycler may submit test results, studies or other information for the CIWMB to consider when the Standard Statewide recycling payment rate is reviewed and adjusted, if necessary, biennially. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476, 42477, 42478 and 42479, Public Resources Code. s 18660.35. Manufacturer Registration. (a) A manufacturer may apply to become registered, to renew an existing registration, or to revise an existing registration at any time by submitting a complete application. (b) In an application for registration, manufacturers shall provide the following general information: (1) Name of manufacturer. (2) Mailing address and physical address. (3) Name of the employee or officer of the manufacturer who is the contact person. (4) Telephone number(s) of the contact person. (5) An e-mail address of the contact person. (6) Name of the employee or officer of the manufacturer who is the primary applicant authorized to sign: (A) Payment claims. (B) Reports. (C) Other payment-related documentation and/or correspondence required by the CIWMB. (7) Name of the employee or officer of the manufacturer (if any), in addition to the primary applicant, who is authorized to sign: (A) Payment claims. (B) Reports. (C) Other-payment related documentation and/or correspondence required by the CIWMB. (8) An indication of whether the manufacturer wishes to be included in an on-line registry. (9) The location in which the records required by this Chapter will be maintained. (c) In an application for registration, a manufacturer shall also include the following information about its take back program or activities, including but not limited to: (1) The types of California sources from which the manufacturer may take back CEWs, including but not limited to households, businesses, and/or other collectors. (2) The type(s) of CEWs that the manufacturer may take back for recycling. (3) The mechanism(s) by which the manufacturer will accept CEWs into the take back program, such as mail-in, drop-off, trade-in, or pick-up. (4) Any conditions the manufacturer may place on accepting CEWs. (5) Whether the manufacturer may recover for the purposes of recycling discarded electronic devices similar to CEWs from outside of the State of California. (d) In an application for registration, a manufacturer shall also include the following information regarding the recycling of the CEWs received into its take back program: (1) The name and address of the recycling facility(ies) used by the manufacturer. (2) A description of the recycling operation used by the manufacturer, including the recycling process that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. (e) In an application for registration, a manufacturer shall make the following certification statements: (1) "The undersigned manufacturer agrees under penalty of immediate revocation of registration and denial of manufacturer payments that as an registered manufacturer:" (A) "I shall ensure that any CEWs for which payment is claimed originate from a California source." (B) "I shall only claim payment for those CEWs that I take back and process for recycling." (C) "I shall operate in compliance with the requirements of this Chapter, the Act and with all applicable local, state and federal regulatory provisions." (2) "The undersigned manufacturer certifies under penalty of perjury under the laws of the State of California that the information provided herein is true and correct." (A) The name and signature of the primary applicant who has the authority to sign and bind the manufacturer to this application. (B) The date and location of application execution. (f) In an application for registration, a manufacturer shall submit a completed "Payee Data Record" STD. 204 Form (or as revised) - Department of Finance, State of California with an original signature of the primary applicant. The form will be provided by the CIWMB and is hereby incorporated by reference. (g) Within 30 calendar days upon receipt of the application for registration, the CIWMB will notify the manufacturer if the applicant is a registered manufacturer and provide a registration number to be used in all correspondence and claims. (h) A registered manufacturer's registration remains valid for 2 years following the date of registration provided that the information in the original application remains unchanged and the manufacturer continues to meet and fulfill the requirements of this Chapter. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a) and 42476, Public Resources Code. s 18660.36. Requirements for a Registered Manufacturer. (a) Upon registration with the CIWMB, a registered manufacturer may claim manufacturer payments for those CEWs received by the manufacturer's take back program after the effective date of registration and processed for recycling as specified in Section 18660.6(i)(3) of this Chapter. (b) A registered manufacturer shall determine if CEWs received by the manufacturer's take back program and processed for recycling are from California sources or from non-California sources and shall keep track of those materials separately. (c) A registered manufacturer shall not request payment for non-California CEWs. (d) A registered manufacturer shall not request payment for previously cancelled CEWs. (e) A registered manufacturer shall ensure that any CEW on which the manufacturer has claimed manufacturer payment does not enter the recovery and recycling payment system. (f) The recycling operation used by a registered manufacturer shall operate in accordance with all Federal, State and local laws and regulations. (g) In addition to the general record keeping requirements in Section 18660.8 of this Chapter, a registered manufacturer shall obtain and maintain the following records: (1) A written description of the take back program, including the type of consumers from whom CEWs are accepted for take back. (2) A record of the number of CEWs collected by the product categories defined in Section 18660.5(a)(27) of this Chapter. (3) Records of transfers by load to the recycling operation used by the registered manufacturer, including signed and dated receipts showing the weight and number of CEWs transferred. (4) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the recycling operation used by the manufacturer. (5) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use. (6) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling. (7) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. (8) Complete records of all claims, attachments and supporting documentation for all recycling payment claims made to the CIWMB. (h) A registered manufacturer shall measure, record and report weights in pounds. A registered manufacturer shall weigh CEWs and/or treatment residuals on a scale or other device approved, tested and sealed in accordance with Division 5 of the Business and Professions Code (Weights and Measures) or in accordance with comparable standards of the state in which the registered manufacturer is located. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code. s 18660.37. Manufacturer Payment Claims. (a) A registered manufacturer shall base a manufacturer payment claim on the number of CEWs processed for recycling by screen size(s) as listed in Section 42464(a) of the Public Resources Code. (b) A registered manufacturer shall submit all of the following general information in a claim for manufacturer payments from the CIWMB: (1) The full name, mailing address, registration number, and federal tax identification number of the registered manufacturer preparing the claim. (2) The name and phone number of a contact person for purposes of the claim. (3) The period of time covered by the claim and date of preparation of the claim. (4) The number of CEW devices claimed: (A) In each product category as defined in Section 18660.5(a)(27). (B) By screen size as listed in Section 42464(a) of the Public Resources Code. (5) The total monetary amount being claimed, as calculated in subsection (f) of this Section. (6) The signature and title of a person with signature authority for payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. The signature block shall include the following certification statements: (A) "I hereby declare under penalty of perjury that:" 1. "All claimed CEWs were received from California sources through the manufacture take back program described in the manufacturer registration." 2. "All claimed CEWs have been processed for recycling in a manner that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result." 3. "No claimed CEWs were transferred into the recovery and recycling payment system." 4. "I have certified the number of devices and verified the calculations." 5. "This payment claim, including any and all accompanying documents, has been examined by me and is true, correct and complete." 6. "I understand that errors or omissions on my part may result in the CIWMB delaying or denying payment" 7. "I further understand that fraud could result in revocation of the manufacturer registration." (7) The date and place the claim was signed. (c) A registered manufacturer shall submit no more than one payment claim per calendar month. (d) The claim period for a manufacturer payment claim pursuant to this Section is the time period within which processing occurs and may not exceed three (3) months. (e) A registered manufacturer shall attach all of the following to the payment claim: (1) A written description of take back program that collected the CEWs for which payment is being claimed, including the type of consumers from whom CEWs were accepted, and a record of the number of CEWs collected by the product categories as defined in Section 18660.5(a)(27) of this Chapter. (2) Records of transfers by load to the registered manufacturer's recycling operation, including signed and dated receipts showing the weight and number of CEWs transferred. (3) Written description of any activity, such as packaging and consolidation, which explains any discrepancy between the CEWs received through the take back program and the CEWs transferred to the manufacturer's recycling operation. (4) Records showing any CEWs received through the take back program that are reused, repaired, refurbished or otherwise returned to use. (5) Records showing any CEWs received through the take back program that are transferred to another entity without being processed for recycling. (6) Records showing the processing for recycling of CEWs by number, screen size, weight, date and recycling method that results in cancellation as specified in Section 18660.32 of this Chapter or an equivalent result. (f) A registered manufacturer shall calculate the payment and include the calculation in a manufacturer payment claim as follows: (1) The total number of CEWs, by screen size as specified in Section 42464(a) of the Public Resources Code, that are processed for recycling during the claim period. (2) The total payment claimed, calculated by: (A) Multiplying the number of CEWs in each screen size category by the value of the covered electronic waste recycling fee that applies to that category. (B) Adding the calculations in (A) above for each screen size category calculation together. (g) An example calculation for a manufacturer claim is included for illustration purposes as follows: The number CEWs processed for recycling by screen size: 100 devices with less than 15 inch screen size 100 devices Times the covered electronic waste recycling fee for category x $6.00 __________ $600.00 200 devices greater than or equal to 15 inch screen size but less than 35 inch screen size 200 devices Times the covered electronic waste recycling fee for category x $8.00 __________ $1600.00 Equals the payment claim for the claim period: ($600.00+$1600.00)= $2200.00 Total Claim (h) A registered manufacturer shall deliver manufacturer payment claims to the CIWMB's main business office, to the attention of the Accounting Section. A registered manufacturer shall mark the outside of the package containing the claims clearly with "e-Waste Claim Enclosed." (i) A registered manufacturer shall submit timely manufacturer payment claims so that the CIWMB receives each claim within 45 days of the end of the claim period. The CIWMB may return without payment any claim received more than 45 days after the end of the claim period. The CIWMB shall determine a claim's receipt as either the date of the postmark on the claim package, or the date the claim package was physically received by the CIWMB, whichever is earlier. (j) The CIWMB may reject a claim if it fails to comply with the requirements of this Section. (k) The CIWMB's rejection of a manufacturer payment claim shall not extend any applicable due date or time period. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a), 42476 and 42479, Public Resources Code. s 18660.38. CIWMB Review of Manufacturer Payment Claims. (a) The CIWMB shall review a manufacturer payment claim and determine if a manufacturer payment is due pursuant to this Chapter. If the CIWMB has cause to investigate any aspect of a claim, the review will be extended until resolution of all issues aspects under investigation. (b) The CIWMB may deny payment for any of the following reasons: (1) The CIWMB determines that: (A) The signature on the claim is not that of a person with signature authority for registered manufacturer payment claims as designated pursuant to Section 18660.35(b)(6) or (7) of this Article. (B) The registered manufacturer did not have current registration for the claim period. (C) The registered manufacturer failed to meet the requirements in this Chapter or committed an activity prohibited in this Chapter. (D) The payment claim contains a numerical discrepancy between values or calculations reported on the claim and the CIWMB verified values and calculations. (2) The CIWMB has prevailed against the claimant in a civil or administrative action and money is owed to the CIWMB as a result of the action. (3) The CIWMB discovers, as part of an application review, claim review or an audit, significant inconsistencies or fraud. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42475(a) and 42476, Public Resources Code. s 18660.39. Appeal of Denied or Adjusted Manufacturer Payment Claims. (a) A registered manufacturer may file a formal appeal by writing to the CIWMB within 30 calendar days of the warrant date of an adjusted payment or the date of the notice denying the claim. (b) Any appeal received by the CIWMB after 30 calendar days from the date of the adjustment letter from the CIWMB on an adjusted payment or the date of the notice denying the claim shall be denied without a hearing or consideration of the appeal. (c) A registered manufacturer shall include all of the following information in a written appeal: (1) The registered manufacturer's name and registration. (2) The month(s) and year(s) in question. (3) A copy of the manufacturer payment claim and the notice denying the claim, or a copy of the remittance advice if a payment adjustment is being appealed. (4) An explanation of why the adjustment or denial was in error. (5) Any other documentation that supports the appeal. (d) At any time during the proceeding, before a final decision is issued, the CIWMB, with the consent of the petitioner, may refer the matter to mediation, or binding or non-binding arbitration, consistent with the provisions of Government Code Section 11420.10. (e) The CIWMB shall provide a hearing before the executive director, or his or her designee, who shall act as a hearing officer. The hearing officer shall consider the claim, the reasons for payment denial or payment adjustment, and any additional relevant information presented by the claimant or CIWMB staff. The hearing officer shall issue a written decision stating the factual and legal basis for the decision. (f) The CIWMB may adopt the decision as the final decision, or review all or a part of the decision at a hearing before the Board. (g) The CIWMB will notify the registered manufacturer of the final determination in writing within 20 calendar days from the date on which Board adopts a final decision. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42476, Public Resources Code; and Sections 11400.20 and 11415.10, Government Code. s 18660.41. Reporting Requirements. Each manufacturer as defined by Section 42463(n) of the Public Resources Code shall submit an annual report to the CIWMB on or before July 1, 2005, and annually thereafter, for the period of the previous calendar year. Each manufacturer shall report information by brand name of covered electronic devices sold in the state. (a) The report shall include the following: (1) Name and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer. (2) The information elements, as described in Section 42465.2 of the Public Resources Code and specified in Sections 18660.41(b) through (f), below. (b) The sales reporting shall include: (1) Data on the number of covered electronic devices sold in the state by: (A) Screen size as listed in Section 42464(a) of the Public Resources Code; and (B) Product category; (2) An explanation of the methodology used to estimate sales data. (c) The materials reporting shall include: (1) An estimated average amount in milligrams for mercury, cadmium, lead, hexavalent chromium, including their alloys and compounds, and PBBs used in covered electronic devices, and all their component parts by product category. (2) Estimates may be based on either physical testing or maximum tolerance levels of the material in product design specifications. (3) An explanation of the methodology used to estimate data. (d) Recyclable content reporting shall include: (1) Estimates on the amount in tons of recyclable content materials (e.g., plastics, glass, and metals) contained in covered electronic devices; (2) The increase from the previous year in the use of recyclable content materials; and (3) An explanation of the methodology used to estimate recyclable content. (e) Design for recycling reporting shall include: (1) Information on current activities and future plans related to the design of covered electronic devices, including but not limited to, the following: (A) Ease of disassembly of covered electronic devices; (B) Identification of resin types; and (C) Improved materials efficiency through reduction in hazardous materials use or other approaches. (f) List of retailers noticed pursuant to Section 42465.2(a)(1)(E) of the Public Resources Code shall include: (1) The contact information used by the manufacturer to perform the notice, such as the name, address, contact person, phone number and/or email address of the retailer to which the notice was made. (2) The list of covered products contained in the notice. (g) Manufacturers shall individually submit to the CIWMB samples of the consumer information and description of all methods used to comply with Section 18660.42 of this Chapter. Manufacturers shall submit this information at the same time they comply with Section 18660.41(a) through (e), above. (h) Each manufacturer shall maintain the report and all supporting documentation for three years after the report is submitted. If the CIWMB or DTSC requests a copy of the supporting documentation the manufacturer shall submit the supporting documentation within 10 days of the request. (i) Each manufacturer shall provide a certification under penalty of perjury that the information is true and correct. (j) Collective reporting - Compliance with the reporting required in Sections 18660.41(b) through (f), above, is the individual responsibility of each manufacturer. A manufacturer may comply with the reporting requirements in subsections (b) and (c), above, by submitting a collective report for the subsections containing sales and materials information, if the following conditions are met: (1) A collective report must contain all of the information required in Sections 18660.41(b) and (c), above, but may combine the information for those manufacturers submitting information for the collective report; (2) The collective report shall contain a list of all manufacturers whose reports are included in the collective report. This list shall include the name of the manufacturer and address of the manufacturer; and name, address, phone number, and email address for a contact person of the manufacturer; (3) Each manufacturer shall provide a certification under penalty of perjury that the information provided for the collective report is true and correct; and (4) Notwithstanding Section 18660.41(j)(1) through (3), above, the CIWMB may request, on a case-by-case basis, a manufacturer to submit an individual report with the information required in Sections 18660.41(b) and (c), above, and all supporting documentation of the information contained in the report. In response to CIWMB's request, the manufacturer shall submit an individual report and supporting documentation within ten days of receiving the CIWMB's request. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code. s 18660.42. Requirements. A manufacturer shall do the following: (a) Make the consumer information required by Section 42465.2(a)(2) of the Public Resources Code available in English and Spanish; and (b) If a manufacturer uses a centralized database or Internet site to meet the requirement in (a), the manufacturer must maintain the databases or Internet site for their accuracy. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Section 42465.2, Public Resources Code. s 18660.43. Requirements. The protection from disclosure of information or the disclosure of information submitted to the CIWMB by a collector, a recycler, or a manufacturer of covered electronic devices, pursuant to this Chapter, shall be governed by the standards adopted by the Board found at Sections 17041 through 17046, of this Title. Note: Authority cited: Sections 40502, 42475(b) and 42475.2, Public Resources Code. Reference: Sections 42465.2(c) and 42475(c), Public Resources Code s 18700. Authority. Note: Authority cited: Section 66790, Government Code. Reference: Section 66796.22, Government Code. s 18720. Definitions. (a) The following definitions shall apply to the regulations contained in this chapter. (1) Agricultural wastes. "Agricultural wastes" means solid wastes of plant and animal origin, which result from the production and processing of farm or agricultural products, including manures, orchard and vineyard prunings, and crop residues, which are removed from the site of generation for solid waste management. Agricultural refers to SIC Codes 011 through 0291. (2) Aluminum can or aluminum container. "Aluminum can" or "aluminum container" means any food or beverage container that is composed of at least 94% aluminum. (3) Asbestos. "Asbestos" means fibrous forms of various hydrated minerals, including chrysotile (fibrous serpentine), crocidolite (fibrous reibecktite), amosite (fibrous cummingtonite-grunerite), fibrous tremolite, fibrous actinolite, and fibrous anthophyllite. (4) Ash. "Ash" or "ashes" means the residue from the combustion of any solid or liquid material. (5) Bi-metal container. "Bi-metal container" means any metal container composed of at least two different types of metals, such as a steel container with an aluminum top. (6) Best readily available and applicable data or representative data. "Best readily available and applicable data" or "representative data" means information that is available to a jurisdiction from published sources, field sampling, the Board, or other identifiable entities which is the most current data and which addresses the situation being examined. (7) Buy-back recycling center. "Buy-back recycling center" means a facility which pays a fee for the delivery and transfer of ownership to the facility of source separated materials, for the purpose of recycling or composting. (8) Capital costs. "Capital costs" means those direct costs incurred in order to acquire real property assets such as land, buildings and building additions; site improvements; machinery; and equipment. (9) Commercial solid wastes. "Commercial solid waste" means solid waste originating from stores, business offices, commercial warehouses, hospitals, educational, health care, military, and correctional institutions, non-profit research organizations, and government offices. Commercial solid waste refers to SIC Codes 401 through 4939, 4961, and 4971 (transportation, communications and utilities), 501 through 5999 (wholesale and retail trade), 601 through 679 (finance, insurance and real estate), 701 through 8748 (public and private service industries such as hospitals and hotels), and 911 through 9721 (public administration). Commercial solid wastes do not include construction and demolition waste. (10) Commercial unit. "Commercial unit" means a site zoned for a commercial business and which generates commercial solid wastes. (11) Composition. "Composition" means a set of identified solid waste materials, categorized into waste categories and waste types pursuant to sections 18722(i) and (j) of article 6.1 of this chapter. (12) Composting. "Composting" means a method of waste treatment which produces a product meeting the definition of "compost" in Public Resources Code section 40116. (13) Composting facility. "Composting facility" means a permitted solid waste facility at which composting is conducted and which produces a product meeting the definition of "compost" in Public Resources Code section 40116. (14) Construction and demolition waste. "Construction and demolition waste" includes solid wastes, such as building materials; and packaging and rubble resulting from construction, remodeling, repair and demolition operations on pavements, houses, commercial buildings, and other structures. Construction refers to SIC Codes 152 through 1794, 1796, and 1799. Demolition refers to SIC Code 1795. (15) Corrugated Container. "Corrugated container" means a paperboard container fabricated from two layers of kraft linerboard sandwiched around a corrugating medium. Kraft linerboard means paperboard made from wood pulp produced by a modified sulfate pulping process, with basis weight ranging from 18 to 200 pounds, manufactured for use as facing material for corrugated or solid fiber containers. Linerboard also may mean that material which is made from reclaimed paper stock. Corrugating medium means paperboard made from chemical or semichemical wood pulps, straw or reclaimed paper stock, and folded to form permanent corrugations. Corrugated container refers to SIC Code 2653. (16) Cost-effective. "Cost-effective" means a measurement of cost compared to an unvalued output (e.g., the cost per ton of solid waste collected) such that the lower the cost, the more cost-effective the action. (17) Disposal. "Disposal" means the management of solid waste through landfilling or transformation at permitted solid waste facilities. (18) Disposal capacity. "Disposal capacity" means the capacity, expressed in either weight in tons or its volumetric equivalent in cubic yards, which is either currently available at a permitted solid waste landfill, or will be needed for the disposal of solid waste generated within the jurisdiction over a specified period of time. (19) Diversion Alternative. "Diversion alternative" means any activity, existing or occurring in the future, which has been, is, or will be implemented by a jurisdiction which could result in or promote the diversion of solid waste, through source reduction, recycling or composting, from solid waste landfills and transformation facilities. (20) Drop-off recycling center. "Drop-off recycling center" means a facility which accepts delivery or transfer of ownership of source separated materials for the purpose of recycling or composting, without paying a fee. Donation of materials to collection organizations, such as charitable groups, is included in this definition. (21) Durability. "Durability" means the ability of a product to be used for its intended purpose for a period greater than the mean useful product life span of similar products. (22) End market or end use. "End market" or "end use" means the use or uses of a diverted material or product which has been returned to the economic mainstream, whether or not this return is through sale of the material or product. The material or product can have a value which is less than the solid waste disposal cost. (23) Feasible. "Feasible" means that a specified program, method, or other activity can, on the basis of cost, technical requirements and time frame for accomplishment, be undertaken to achieve the objectives and tasks identified by a jurisdiction in a Countywide Integrated Waste Management Plan. (24) Ferrous metals. "Ferrous metals" means any iron or steel scrap which has an iron content sufficient for magnetic separation. (25) Food waste. "Food waste" means all animal and vegetable solid wastes generated by food facilities, as defined in California Health and Safety Code section 27521, or from residences, that result from the storage, preparation, cooking, or handling of food. (26) Hazard. "Hazard" means having one or more of the characteristics that cause a substance or combination of substances to qualify as a hazardous material, as defined by section 66084 of title 22 of the California Code of Regulations. (27) Household hazardous waste. "Household hazardous wastes" are those wastes resulting from products purchased by the general public for household use which, because of their quantity, concentration, or physical, chemical, or infectious characteristics, may pose a substantial known or potential hazard to human health or the environment when improperly treated, disposed, or otherwise managed. (28) Household hazardous waste collection. "Household hazardous waste collection" means a program activity in which household hazardous wastes are brought to a designated collection point where the household hazardous wastes are separated for temporary storage and ultimate recycling, treatment, or disposal. (29) Implementation. "Implementation" means the accomplishment of the program tasks as identified in each component required by section 18733 of this chapter. (30) Industrial solid waste. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, and publicly operated treatment works, and/or solid wastes placed in debris boxes. (31) Industrial unit. "Industrial unit" means a site zoned for an industrial business and which generates industrial solid wastes. (32) Inert solids or inert waste. "Inert solids" or "inert waste" means a non-liquid solid waste including, but not limited to, soil and concrete, that does not contain hazardous waste or soluble pollutants at concentrations in excess of water-quality objectives established by a regional water board pursuant to division 7 (commencing with section 13000) of the California Water Code and does not contain significant quantities of decomposable solid waste. (33) Jurisdiction. "Jurisdiction" means the city or county responsible for preparing any one or all of the following: the Countywide Integrated Waste Management Plan, or the Countywide Siting Element, or the Source Reduction and Recycling Element. (34) Marine wastes. "Marine wastes" means solid wastes generated from marine vessels and ocean work platforms, solid wastes washed onto ocean beaches, and litter discarded on ocean beaches. (35) Market development. "Market development" means a method of increasing the demand for recovered materials so that end markets for the materials are established, improved or stabilized and thereby become more reliable . (36) Materials recovery facility. "Materials recovery facility" means a permitted solid waste facility where solid wastes or recyclable materials are sorted or separated, by hand or by use of machinery, for the purposes of recycling or composting. (37) Medium-term planning period. "Medium-term planning period" means a period beginning in the year 1996 and ending in the year 2000. (38) Mixed paper. "Mixed paper" means a waste type which is a mixture, unsegregated by color or quality, of at least two of the following paper wastes: newspaper, corrugated cardboard, office paper, computer paper, white paper, coated paper stock, or other paper wastes. (39) Model component format. "Model component format" means that format described in sections 18733.1 through 18733.6 of article 6.2 of this chapter which shall be used for preparation of several of the individual components of a SRR Element. (40) Municipal solid waste or MSW. "Municipal solid waste" or "MSW" means all solid wastes generated by residential, commercial, and industrial sources, and all solid waste generated at construction and demolition sites, at food-processing facilities, and at treatment works for water and waste water, which are collected and transported under the authorization of a jurisdiction or are self-hauled. Municipal solid waste does not include agricultural crop residues (SIC Codes 071 through 0724, 0751), animal manures (SIC Code 0751), mining waste and fuel extraction waste (SIC Codes 101 through 1499), forestry wastes (SIC Codes 081 through 0851, 2411 and 2421), and ash from industrial boilers, furnaces and incinerators. (41) Non-ferrous metals. "Non-Ferrous metals" means any metal scraps that have value, and that are derived from metals other than iron and its alloys in steel, such as aluminum, copper, brass, bronze, lead, zinc and other metals, and to which a magnet will not adhere. (42) Non-recyclable paper. "Non-recyclable paper" means discarded paper which has no market value because of its physical or chemical or biological characteristics or properties. (43) Non-renewable resource. "Non-renewable resource" means a resource which cannot be replenished, such as those resources derived from fossil fuels. (44) Normally disposed of. "Normally disposed of" refers to those waste categories and waste types which: 1) have been demonstrated by the Solid Waste Generation Study, conducted pursuant to section 18722 of this chapter, to constitute at least 0.001% of the total weight of solid wastes disposed in a solid waste stream attributed to the jurisdiction as of January 1, 1990; 2) which are deposited at permitted solid waste landfills or transformation facilities subsequent to any recycling or composting activities at those solid waste facilities; and 3) which are allowed to be considered in the establishment of the base amount of solid waste from which source reduction, recycling, and composting levels shall be calculated, pursuant to the limitations listed in Public Resources Code section 41781(b). (45) Old newspaper. "Old newspaper" means any newsprint which is separated from other types of solid waste or collected separately from other types of solid waste and made available for reuse and which may be used as a raw material in the manufacture of a new paper product. (46) Operational costs. "Operational costs" means those direct costs incurred in maintaining the ongoing operation of a program or facility. Operational costs do not include capital costs. (47) Organic waste. "Organic waste" means solid wastes originated from living organisms and their metabolic waste products, and from petroleum, which contain naturally produced organic compounds, and which are biologically decomposable by microbial and fungal action into the constituent compounds of water, carbon dioxide, and other simpler organic compounds. (48) Other plastics. "Other plastics" means all waste plastics except polyethylene terephthalate (PET) containers, film plastics, and high density polyethylene (HDPE) containers. (49) Permitted capacity. "Permitted capacity" means that volume in cubic yards or weight in tons which a solid waste facility is allowed to receive, on a periodic basis, under the terms and conditions of that solid waste facility's current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board. (50) Permitted landfill. "Permitted landfill" means a solid waste landfill for which there exists a current Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state. (51) Permitted solid waste facility. "Permitted solid waste facility" means a solid waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Integrated Waste Management Board, or which is permitted under the regulatory scheme of another state. (52) Plan or Countywide Integrated Waste Management Plan. "Plan" or "Countywide Integrated Waste Management Plan" means the Countywide Integrated Waste Management Plan as defined in section 41750 of the Public Resources Code. (53) Program. "Program" means the full range of source reduction, recycling, composting, special waste, or household hazardous waste activities undertaken by or in the jurisdiction or relating to management of the jurisdiction's waste stream to achieve the objectives identified in the Source Reduction, Recycling, Composting, and Special Waste components, and Household Hazardous Waste Element, respectively. (54) Purchase preference. "Purchase preference" means a preference provided to a wholesale or retail commodity dealer which is based upon the percentage amount that the costs of products made from recycled materials may exceed that of similar non-recycled products and still be deemed the lowest bid. (55) Rate structure. "Rate structure" means that set of prices established by a jurisdiction, special district (as defined in Government Code section 56036), or other rate setting authority to compensate the jurisdiction, special district or rate setting authority for the partial or full costs of the collection, processing, recycling, composting, and/or transformation or landfill disposal of solid wastes. (56) Recovered material. "Recovered material" means material which has been retrieved or diverted from disposal or transformation for the purpose of recycling, re-use or composting. "Recovered material" does not include those materials generated from and reused on site for manufacturing purposes. (57) Region. "Region" means the combined geographic area of two or more incorporated areas; two or more unincorporated areas; or any combination of incorporated and unincorporated areas. (58) Repairability. "Repairability" means the ability of a product or package to be restored to a working or usable state at a cost which is less than the replacement cost of the product or package. (59) Residential solid waste. "Residential solid waste" means solid waste originating from single-family or multiple family dwellings. (60) Residential unit. "Residential unit" means a site occupied by a building which is zoned for residential occupation and whose occupants generate residential solid wastes. (61) Reusability. "Reusability" means the ability of a product or package to be used more than once in its same form. (62) Re-use. "Re-use" means the use, in the same form as it was produced, of a material which might otherwise be discarded. (63) Rubber. "Rubber" means an amorphous polymer of isoprene derived from natural latex of certain tropical plants or from petroleum. (64) Salvage. "Salvage" means the controlled removal of solid waste materials at a permitted solid waste facility for recycling, re-use, composting, or transformation. (65) Seasonal. "Seasonal" means those periods of time during the calendar year which are identifiable by distinct cyclical patterns of local climate, demography, trade or commerce. (66) Sewage sludge. "Sewage sludge" means residual solids and semi-solids resulting from the treatment of waste water, but does not include waste water effluent discharged from such treatment processes. (67) Short-term planning period. "Short-term planning period" means a period beginning in the year 1991 and ending in the year 1995. (68) SIC Code. "SIC Code" means the standards published in the U.S. Standard Industrial Classification Manual (1987), which is herein incorporated by reference. (69) Sludge. "Sludge" means residual solids and semi-solids resulting from the treatment of water, waste water, and/or other liquids. Sludge includes sewage sludge and sludge derived from industrial processes, but does not include effluent discharged from such treatment processes. (70) Solid Waste Generation Study. "Solid Waste Generation Study" means the study undertaken by a jurisdiction to characterize its solid waste stream and comply with all the requirements of sections 18722, 18724, and 18726 of this chapter. (71) Source Reduction and Recycling Element or SRR Element. "Source Reduction and Recycling Element" or "SRR Element" means the source reduction and recycling element required pursuant to Public Resources Code sections 41000 and 41300. (72) Source separated. "Source separated" describes the segregation, by the generator, of materials designated for separate collection for some form of materials recovery or special handling. (73) Special waste. "Special waste" means any hazardous waste listed in section 66740 of title 22 of the California Code of Regulations, or any waste which has been classified as a special waste pursuant to section 66744 of title 22 of the California Code of Regulations, or which has been granted a variance for the purpose of storage, transportation, treatment, or disposal by the Department of Health Services pursuant to section 66310 of title 22 of the California Code of Regulations. Special waste also includes any solid waste which, because of its source of generation, physical, chemical or biological characteristics or unique disposal practices, is specifically conditioned in a solid waste facilities permit for handling and/or disposal. (74) Statistically representative. "Statistically representative" means those representative and random samples of units that are taken from a population sample, pursuant to the procedures given in appendix 1 of article 6.1 of this chapter. For the purposes of this definition, population sample includes, but is not limited to, a sample from a population of solid waste generation sites, solid waste facilities and recycling facilities, or a population of items of materials and solid wastes in a refuse vehicle load of solid waste. (75) Tin can or tin container. "Tin can" or "tin container" means any food or beverage container that is composed of steel with a tin coating. (76) Ton. "Ton" means a unit of weight in the U.S. Customary System of Measurement, an avoirdupois unit equal to 2,000 pounds. Also called short ton or net ton. (77) Transformation facility. "Transformation facility" means a facility whose principal function is to convert, combust, or otherwise process solid waste by incineration, pyrolysis, destructive distillation, or gasification, or to chemically or biologically process solid wastes, for the purpose of volume reduction, synthetic fuel production, or energy recovery. Transformation facility does not include a composting facility. (78) Volume. "Volume" means a three dimensional measurement of the capacity of a region of space or a container. Volume is commonly expressed in terms of cubic yards or cubic meters. Volume is not expressed in terms of mass or weight. (79) Waste categories. "Waste categories" means the grouping of solid wastes with similar properties into major solid waste classes, such as grouping together office, corrugated and newspaper as a paper waste category, as identified by the solid waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification. (80) Waste diversion. "Waste diversion" means to divert solid waste, in accordance with all applicable federal, state and local requirements, from disposal at solid waste landfills or transformation facilities through source reduction, recycling or composting. (81) Waste generator. "Waste generator" means any person, as defined by section 40170 of the Public Resources Code, whose act or process produces solid waste as defined in Public Resources Code section 40191, or whose act first causes solid waste to become subject to regulation. (82) Waste type. "Waste type" means identified wastes having the features of a group or class of wastes which are distinguishable from any other waste type, as identified by the waste classification system contained in section 18722 of article 6.1 of this chapter, except where a component-specific requirement provides alternative means of classification. (83) White goods. "White goods" means discarded, enamel-coated major appliances, such as washing machines, clothes dryers, hot water heaters, stoves and refrigerators. (84) Wood waste. "Wood waste" means solid waste consisting of wood pieces or particles which are generated from the manufacturing or production of wood products, harvesting, processing or storage of raw wood materials, or construction and demolition activities. (85) Yard waste. "Yard waste" means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, yard clippings, leaves, tree trimmings, prunings, brush, and weeds. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41300 and 41823, Public Resources Code. s 18722. Solid Waste Generation Studies -General Requirements. (a) Relation to Waste Characterization Component. For the purposes of this Chapter, a solid waste generation study constitutes the waste characterization component of the SRR Element required by sections 41003, 41030, 41303 and 41330 of the Public Resources Code. Each jurisdiction shall prepare an initial solid waste generation study and all subsequent solid waste generation studies in accordance with the requirements of this Article. Additional specific requirements and guidelines for the initial solid waste generation study are defined in Section 18724 of this Article. (b) Regional and Joint Solid Waste Generation Studies. Solid waste generation studies may be conducted by an individual jurisdiction for solid waste generated within that jurisdiction, or jointly by two or more jurisdictions for the solid waste generated within the participating jurisdictions. (c) Solid Waste Generation Data Projections. All solid waste generation studies shall include a 15-year projection of the solid waste to be generated within the jurisdiction, and diverted and disposed by the jurisdiction. The projected time period shall commence from the date of the local adoption of a SRR Element. The projection is to include the amounts, waste categories and waste types generated, diverted from disposal, and disposed, for each year of the 15- year period, under (1) the solid waste management system conditions and diversion activities existing at the time that the Solid Waste Generation study is prepared, and under (2) the solid waste management system conditions expected to be realized after a jurisdiction's implementation of its SRR Element and its attainment of the statutory diversion mandates. (1) Acceptable information sources which may be used by the jurisdiction to determine and project changes in population, or in governmental, residential, industrial, and commercial operations, shall be the following: (A) documented population data available from the California Department of Finance; (B) documented employment data available from the California State Employment Development Department; (C) documented industrial and commercial operations data available from the California Department of Commerce or from the California State Employment Development Department; (D) documented data available in a local jurisdiction's adopted current General Plan; (E) documented data available from published reports of local associations of governments and chambers of commerce; (F) documented data available from the U.S. Census Bureau; (G) documented jurisdiction-specific demographic, economic, and solid waste data developed and published by a jurisdiction in the course of the preparation of its solid waste generation study. (d) Annual Report on Solid Waste Generation. The annual report on the implementation of the SRR Element, required pursuant to Section 41821 of the Public Resources Code, shall contain the jurisdiction's analysis of the need to revise its solid waste generation study, including the need to revise its data on the sources of generation, diversion and disposal, and its data on categories and types of solid waste generated, diverted and disposed. (e) Uses of Solid Waste Generation Data. Data obtained from a solid waste generation study shall be used to determine the total quantity of solid waste generated within the jurisdiction, and diverted and disposed, for purposes of identifying the quantities and types of materials to be diverted from disposal pursuant to Sections 41780 and 41781 of the Public Resources Code. (f) Measuring Solid Waste Quantity. In determining the aggregate quantity of solid waste generated, each jurisdiction shall use the following types of measurements: volume or weight. The conversion factors used to convert volume to weight, or weight to volume, shall be provided in the solid waste generation study and submitted to the Board in the SRR Element. (1) Conversion Factors. The conversion factors used for measurement of the quantity of solid waste may be those from published sources and/or those derived from test measurements developed by a jurisdiction. A solid waste generation study shall cite all published sources of conversion factors used by a jurisdiction. For conversion factors derived from test measurements developed by a jurisdiction, a jurisdiction shall include in the solid waste generation study, a summary of the test measurement methods used. Conversion factors submitted by a jurisdiction are subject to approval by the Board at the time of the Board's consideration of approval of a jurisdiction's submitted SRR Element. (A) By January 1, 1992, the Board shall complete a study and compile a list of acceptable conversion factors for each specific waste type listed in (j) of this section. (2) Generation. For solid wastes sampled or estimated to be produced at the sources of generation, e.g., residential units and commercial units, or at solid waste transfer stations, the quantity of solid wastes generated shall be reported in weight. Data collected in terms of volume shall be converted to weight. (3) Diversion. For solid wastes which are diverted from transformation and disposal facilities, and which are sampled by means of a quantitative field analysis at recycling, composting and solid waste reduction facilities, the quantities of solid wastes which are diverted by means of recycling, composting or source reduction shall be reported in weight. Data collected in terms of volume shall be converted to weight. For solid wastes which are diverted from transformation and disposal facilities, and which are not sampled by means of a quantitative field analysis but which are estimated from existing records to be diverted from transformation or disposal facilities, the quantities of solid waste which are diverted by means of recycling, composting or source reduction shall be reported in weight. Data collected in terms of volume shall be converted to weight. (4) Transformation and Disposal. For solid wastes sampled or estimated to be received at solid waste transformation facilities and solid waste disposal sites, the quantity of solid wastes disposed shall be reported in both volume and weight. For solid wastes disposed in permitted solid waste landfills the volume measurement shall be expressed in terms of in-place volume in the landfill, after compaction, as measured in a waste cell in the upper lift of a waste management unit excluding the volume of cover material in the cell. For the purposes of this section, cell is defined in Section 17225.9, of title 14 of the California Code of Regulations. For the purposes of this section, waste management unit is defined in Public Resources Code section 43000(a). (A) When solid waste volumes are recorded as uncompacted solid wastes or solid wastes compacted in refuse vehicles or solid waste transfer trailers, a jurisdiction shall state the conversion factors used to convert these volumes to in-place volumes in the landfill. A solid waste generation study shall cite all published sources of conversion factors for solid waste volumes used by a jurisdiction. (5) Mixed Loads. If a refuse collection vehicle chosen for sampling has a mixed load of solid waste that is collected from more than one source of generation, or from more than one jurisdiction, a weight or volume fraction (i.e., the quantity) arising from each source of generation or jurisdiction along the collection route shall be estimated. This estimation shall be proportionally based on the number of residential, commercial and industrial units from the solid waste collection route sampled, and/or on the weight or volume of the contents of each refuse container which is sampled at the source(s) of generation. Where the number of units, or weight or volume of each refuse container, are determined by a jurisdiction to be unavailable, a jurisdiction may use population estimates to proportionally allocate the origins of solid wastes. (6) Weight to be Used for Compliance with Diversion Standards. The total weight of solid waste generated by a jurisdiction and diverted from disposal shall be the standard by which the Board shall measure a jurisdiction's compliance with the statutory diversion requirements of section 41780 of the Public Resources Code. (g) Determination of Solid Waste Generation. The total solid waste generated by a jurisdiction shall be the sum of the total solid waste disposed, as quantified in the solid waste disposal characterization, plus the total solid waste diverted from permitted solid waste landfills and transformation facilities through any combination of existing source reduction, recycling, and composting programs, as quantified in the solid waste diversion characterization. (1) The total quantity of solid waste disposed shall include only solid waste transformed or disposed in permitted solid waste transformation or disposal facilities. Solid wastes placed in illegal dumps or unpermitted landfills cannot be counted as a part of the total solid waste generated, for the purposes of the solid waste generation study. (2) Expressed as an equation, the total solid waste generated by the jurisdiction shall be computed as follows: GEN = DISP + DIVERT where: GEN = the total quantity of solid waste generated within the jurisdiction. DISP = the total quantity of solid waste, generated within the jurisdiction, which is transformed or disposed in permitted solid waste facilities. DIVERT = the total quantity of solid waste, generated within the jurisdiction, which is diverted from permitted solid waste transformation and disposal facilities, through existing source reduction, recycling, and composting programs. (h) Representative Sampling of Solid Waste. The solid waste generation study shall be performed in two (2) parts, consisting of: (1) a representative determination of the composition and quantity of solid waste disposed within and by the jurisdiction, i.e., a waste disposal characterization, and, (2) a representative determination of the composition and quantity of solid waste generated within the jurisdiction which is diverted from solid waste landfills and solid waste transformation facilities, i.e., a waste diversion characterization. (A) A solid waste generation study shall be representative of all residential, commercial, industrial and other sources of waste generation in the jurisdiction. It shall also be representative of all solid waste source reduction, recycling, composting, transformation and disposal activities and facilities in the jurisdiction or used by the jurisdiction and its residents and businesses. (i) Identification of Solid Waste Sources, Categories and Types. The solid waste generation study shall identify all significant sources of solid waste generated by a jurisdiction, identify all solid waste diversion programs and activities in a jurisdiction, all solid waste diversion facilities used by a jurisdiction which are either located in that jurisdiction or used by that jurisdiction, and identify all permitted solid waste transformation and disposal facilities used by a jurisdiction. The solid waste generation study shall identify solid wastes generated, diverted and disposed by volume and/or weight, according to the requirements of section 18722(f) of this article, and by waste category and waste type from the following sources of generation within the jurisdiction: (A) residential (B) commercial (C) industrial (D) other sources The source of waste generation listed in (D) above and titled "other sources," may be used by a jurisdiction to identify sources of solid waste generation which it determines are not categorized as residential, commercial, or industrial sources of waste generation. Some examples of "other sources" of solid waste generators are: state and national parks and recreation areas, and self-haul vehicles. (1) Sampling Period. Solid waste diversion and disposal characterizations shall demonstrate the composition and quantity of solid wastes diverted and disposed by the jurisdiction during a continuous twelve month period subsequent to 1984, pursuant to the requirements set forth in sections 18722(a) and (b) of this article. Data collection is not required for each day of the sampling period. (2) Seasonal Variations. A solid waste generation study shall quantify seasonal variations in solid waste generation. A. For a jurisdiction which uses a quantitative field analysis for the initial solid waste generation study prepared for the SRR Element, only one sampling period (e.g., one week) is required for each of the seasons identified by a jurisdiction that occur within the 6-month sampling period chosen by a jurisdiction. Only that amount of waste which enables a jurisdiction to meet the requirements of Section 41780(a)(1) of the Public Resources Code needs to be sampled by a jurisdiction. A jurisdiction may use existing data from its own jurisdiction or from a similar jurisdiction, as defined in Section 18724(c) of this article, to determine the seasonal variation in the quantities and composition of solid wastes, and to determine the seasonal ratios of solid wastes generated, diverted and disposed, if the jurisdiction cannot obtain such data during its 6-month sampling period. B. In subsequent solid waste generation studies prepared for revisions of SRR Elements, the data for a quantitative field analysis shall be collected with a frequency sufficient to sample the solid waste generated during all seasons identified by the jurisdiction, and in the amount needed to satisfy the requirements of section 41780 of the Public Resources Code. C. For all solid waste generation studies, data collection is not required for each day of the seasons identified. In each season identified by a jurisdiction, the frequency of sampling shall be sufficient to provide a representative characterization of solid wastes generated, diverted, and disposed in the amounts needed to satisfy the requirements of section 41780 of the Public Resources Code. In subsequent solid waste generation studies, the frequency of sampling shall be statistically representative of the seasons sampled. (3) Marine Wastes. A jurisdiction shall, in its solid waste generation study, identify all marine wastes generated in the jurisdiction and assign them to the waste categories and waste types listed in (j) of this section, or shall demonstrate that marine wastes generated within the jurisdiction have been accounted for within the commercial sources of solid waste generation. (j) Solid Waste Categories and Types. A solid waste generation study shall identify solid waste generation, within a jurisdiction, by volume and weight, in accordance with the requirements of (f) of this section. A solid waste generation study shall identify solid waste generation within a jurisdiction by the following waste categories denoted by numerals 1 through 8, and the waste types which are identified by letter within each waste category: (1) Paper: (A) corrugated containers and brown paper bags (B) mixed paper (C) newspaper (D) high grade ledger paper (E) other paper (2) Plastics: (A) high-density polyethylene (HDPE) containers (B) polyethylene terephthalate (PET) containers (C) film plastics (D) other plastics (3) Glass: (A) refillable glass beverage containers (B) California Redemption Value glass (C) other recyclable glass (D) other non-recyclable glass (4) Metals: (A) aluminum cans (B) bi-metal containers (C) ferrous metals and tin cans (D) non-ferrous metals including aluminum scrap (E) white goods (F) other metals (5) Yard Waste, including leaves, grass, and prunings (6) Other Organics: (A) food waste (B) tires and rubber products (C) wood wastes (D) agricultural crop residues (E) manure (F) textiles and leather (G) other miscellaneous organics (7) Other Wastes: (A) inert solids, including rock, concrete, brick, sand, soil, fines, asphalt, sheetrock (B) household hazardous waste materials and discarded household hazardous waste materials containers (8) Special Wastes: (A) ash (B) sewage sludge (C) industrial sludge (D) asbestos (E) auto shredder waste (F) auto bodies (G) other special wastes A jurisdiction may add additional waste types to this list, but only if the quantities of these additional waste types are not duplicates of the reported quantities of the waste types given in the list above. (k) Composite Solid Wastes. A jurisdiction shall, in the case of a composite solid waste material which is readily separable into individual components, estimate in a solid waste generation study the separate percent contribution, by volume or weight, of each identifiable and separable waste category and waste type in the composite solid waste material. (l) Sampling Methodologies. Each jurisdiction shall use one or more of the methodologies listed in (1) through (4) of this subsection, to characterize the waste categories, waste types and quantities of the solid wastes generated within the jurisdiction and diverted or disposed in solid waste landfills or transformation facilities, using the waste categories and types given in Sections 18722(i) and (j) of this article. (1) Quantitative Field Analysis. The quantitative field analysis methodology shall be conducted using data which is collected in the field either from the sources of generation, from refuse collection vehicles or solid waste transfer vehicles; solid waste source reduction, recycling, and composting programs and facilities; and/or permitted solid waste transformation and disposal facilities. For the purposes of this section, quantitative field analysis consists of two steps: (1) the physical separation and sorting of residential, commercial, industrial or other solid wastes, and/or the visual survey of the composition of the solid wastes contained in self-haul vehicles, industrial solid wastes contained in debris boxes or other industrial solid waste containers, and (2) the physical measurement or accurate estimation and recording of the weight and/or volume of the solid wastes observed when performing step (1). (2) Materials Flow Methodology. A materials flow methodology is one in which a jurisdiction estimates, using data on the quantities of specific commodities sold in the jurisdiction's marketplace, the quantity of solid wastes generated as a result of sales of those commodities. With this methodology, adjustments are to be made for (a) import and export of commodities to and from a jurisdiction, (b) commodity lifetime, and (c) other variables identified by a jurisdiction. (3) Jurisdiction-Specific Data. This methodology is one in which a jurisdiction uses existing published data to estimate the amounts of solid wastes specific to its jurisdiction, e.g., data on demolition and construction wastes, sludges, automobile bodies, nonhazardous industrial wastes, incinerator residues, and other solid wastes which cannot be easily sampled or estimated by another methodology allowed by this section. (4) Existing Data from Comparable Jurisdictions. The comparable jurisdiction methodology is one by which the jurisdiction analyzes solid waste generated in the jurisdiction by using existing solid waste composition data from another jurisdiction or jurisdictions in California, except as allowed in the following paragraphs of this subsection. The use of out-of-state waste composition data is acceptable, provided that the jurisdiction submits with its solid waste generation study a statement of justification which satisfies its burden of proof of demonstrating the following: 1. The out-of-state data must be comparable to data available within California, and satisfy the requirements of subparagraphs (A), (B), and (C) of this section; 2. The statutory and regulatory framework of the state from which the data is derived must be consistent with the California Integrated Waste Management Act of 1989, as amended, and its attendant regulations, such that it is evident that the framework has not significantly impacted the relative composition of the solid wastes disposed and diverted in that state. As a part of demonstrating the data's comparability and legal consistency, a jurisdiction shall submit a complete copy of the following, at the time the jurisdiction submits its SRR Element for the Board's consideration: i). the waste characterization study and composition data it is using, and ii). the solid waste statutory and regulatory framework of the state from which the study and data originated. For the purposes of this section, out-of-state data refers only to data obtained from other states of the United States. Except for the initial solid waste generation study, and as allowed by section 18724(c) of this article, data from another jurisdiction may be used to characterize the composition of solid waste generated only if all of the following criteria are met: (A) the jurisdiction's population is within plus or minus 10% of that of the jurisdiction conducting the solid waste generation study; and (B) the jurisdiction's total residential solid waste tonnage disposed is within plus or minus 10% of the total residential tonnage disposed by the jurisdiction conducting the solid waste generation study, or the jurisdiction's number of residential dwelling units is within plus or minus 10% of the number of residential units of the jurisdiction conducting the solid waste generation study; and (C) the jurisdiction's total commercial solid waste tonnage disposed is within plus or minus 10% of the total commercial tonnage disposed by the jurisdiction conducting the solid waste generation study, or the jurisdiction's number of commercial units is within plus or minus 10% of the number of commercial units of the jurisdiction conducting the solid waste generation study. (m) Solid Wastes Countable Towards Diversion. For purposes of determining the quantity and types of solid wastes diverted, only those solid wastes which are normally disposed of at permitted solid waste landfills or permitted solid waste transformation facilities, and which are allowed to be counted toward the statutory diversion mandates pursuant to Sections 41781(a) and (b) of the Public Resources Code, as amended shall be included. (n) Unacceptability of Double and Multiple Counting. A jurisdiction shall not double count or multiple count solid wastes that are diverted from disposal by recycling, composting and source reduction programs and facilities. (o) Accuracy of Data. A jurisdiction shall, in compiling necessary data on the quantities and composition of solid wastes generated, diverted and disposed, develop a system of reporting procedures which will, as accurately as possible, quantify data reported from local governments, special districts, solid waste haulers, solid waste facility operators, scrap dealers, recycling facilities, recycling programs, and source reduction programs, for the purposes of the preparation of the SRRE, the Household Hazardous Waste Element, and the Countywide Siting Element. This system of reporting shall be separately outlined in the solid waste generation study when it is submitted to the Board. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41003, 41030, 41031, 41033, 41300, 41303, 41330, 41331, 41333, 41780, 41781 and 41821, Public Resources Code. s 18724. Additional Requirements and Guidelines for the Initial Solid Waste Generation Study. In addition to the general requirements in section 18722 of this article, the following requirements pertain to a jurisdiction's preparation of the initial solid waste generation study for the initial SRR Element. (a) Initial Solid Waste Generation Study Submission Dates. Each city, which is not a city and county, shall submit the initial solid waste generation study, as a part of its SRR Element, to the county in which it is located by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code. Each county, and city and county, shall complete the initial solid waste generation study, as a part of its SRR Element, by July 1, 1991, except as provided by section 41000(b) of the Public Resources Code. (b) Regional and Joint Solid Waste Generation Studies. In addition to the methodologies given in section 18722(l) of this article, for the initial solid waste generation study, a jurisdiction may use data collected on an aggregate basis for a joint or regional study of which a jurisdiction is a part. For the purposes of this section, data collected on an aggregate basis are data which are collected at solid waste facilities and recycling facilities which may not be readily disaggregated to a level in which an individual jurisdiction's solid waste generators, waste categories and/or waste types can be identified. The aggregate data shall be disaggregated on a proportional basis, relative to the applicable demographic, economic, and residential, commercial and industrial characteristics of each jurisdiction participating in the regional or joint study. The initial solid waste generation study shall outline and describe how the proportional allocations of solid waste generated, diverted and disposed were determined and applied to the preparation of the solid waste generation study. (c) Use of Pre-existing Solid Waste Generation Studies and Data. In addition to the methods given in section 18722(l) of this Article, for the initial solid waste generation study, a jurisdiction may use pre-existing solid waste generation studies or data on solid waste composition that have been prepared, subsequent to 1984, by the Board and/or by jurisdictions in California or out-of-state which have similar demographic (e.g., dwelling unit size, family size), and economic (e.g., income, employment), or solid waste (e.g., waste composition, relative proportions of solid waste generators) characteristics. The use of out-of-state waste composition data is acceptable, provided that the jurisdiction submits with its solid waste generation study a statement of justification which satisfies its burden of proof by demonstrating the following: 1. the out-of-state data must be comparable to data available within California, and satisfy the requirements of subsection (c) of this section; and 2. the statutory and regulatory framework of the state from which the data is derived must be consistent with the California Integrated Waste Management Act of 1989, as amended, and its attendant regulations, such that it is evident that the framework has not significantly impacted the relative composition of the solid wastes disposed and diverted in that state. As a part of demonstrating the data's comparability and legal consistency, a jurisdiction shall submit a complete copy of the following, at the time the jurisdiction submits its SRR Element for the Board's consideration: i) the waste characterization study and composition data it is using, and ii) the solid waste statutory and regulatory framework of the state from which the study and data originated. For the purposes of this section, out-of-state data refers only to data obtained from other states of the United States. A jurisdiction using solid waste generation studies or data from the Board and/or another jurisdiction with similar demographic, economic and solid waste characteristics shall list and describe in its solid waste generation study all the major characteristics which are similar between the two jurisdictions relative to the study. (d) Measuring Solid Waste Quantity for Diversion Mandates. If a jurisdiction chooses to count specific waste types towards its statutory diversion mandates, a jurisdiction shall identify those waste types in the initial solid waste generation study. (e) Sampling Period - Field Study and Data Projection. If a quantitative field analysis and/or materials flow methodology, as described in section 18722(l) of this Article, are used, data for the initial solid waste generation study shall be collected in the field during a continuous six month period subsequent to 1984 and prior to the adoption of the initial SRR Element by a jurisdiction. Based on the data collected during the 6-month field study, a jurisdiction shall project the types and quantities of solid waste generated, diverted and disposed for the following 6-month period. The field data and the projection, when combined, shall constitute the continuous 12-month study required by section 18722(i)(1) of this article. (f) Sampling by Quantitative Field Analysis. If a quantitative field analysis for the initial solid waste generation study is selected for use by a jurisdiction, the quantitative field analysis may be conducted using the sampling procedures outlined in Appendix 1. "General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study" (11/90). (g) Aggregate Data. In the preparation of the initial solid waste generation study, jurisdictions jointly developing or collecting aggregate data on a county or regional basis shall use only that data related to the quantities of solid waste generated within that region, not data on quantities of solid waste generated within other regions. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41000, 41030, 41031, 41033, 41300, 41330, 41332, 41333, 41781 and 41823, Public Resources Code. s 18726. Solid Waste Generation Studies for Revised SRR Elements. In addition to the general requirements in section 18722 of this article, the following requirements pertain to a jurisdiction's preparation of solid waste generation studies for Revised SRR Elements. (a) Individual Jurisdiction Responsibility. For all revisions of an SRR Element in which solid waste generation studies are conducted jointly by two or more jurisdictions, each participating jurisdiction shall be responsible for specifically measuring and identifying, in its SRR Element, the estimated quantity of solid waste generated within its jurisdiction which is disposed or diverted from disposal by source reduction, recycling or composting activities. (b) Identification of Solid Waste Sources, categories and types. Solid Waste generation studies prepared for revisions of the SRR Element shall identify the quantities of solid waste generated the jurisdiction, by source, by waste category and waste type as listed in sections 18722(i) and (j) of this Article. Data for each Solid Waste generation study submitted to the Board as a part of a revised SRR Element pursuant to revisions required by Article 7 of this Chapter shall have been collected during a continuous twelve month period. (1) commencing no more than three years prior to the next Board submittal date for the SRR Element as required by Article 7 of this Chapter. (c) Sampling by Quantitative Field Analysis. The quantitative field analysis for all Solid Waste generation studies for revised SRR Elements shall be conducted using the sampling procedures outlined in Appendix 1, "General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study" (11/90), unless otherwise authorized by the Board. (d) Requirement for Statistical Representation. Solid Waste generation studies for revised SRR Elements shall be statistically representative of the composition and quantity of solid waste generated, diverted and disposed by the jurisdiction. Statistical representation shall be established by use of the Guidelines given in Appendix 1 of this Article. (e) Partial Solid Waste Generation Studies. If, upon review of the annual report submitted by a jurisdiction in compliance with section 41821 of the Public Resources Code, the Board finds that the lack of accurate and/or sufficient information on solid waste quantities and solid waste composition has contributed to the inability of a jurisdiction to meet the goals and objectives cited in its adopted SRR Element, and/or to meet the statutory diversion mandates given in section 41780 of the Public Resources Code, the Board may require a jurisdiction to prepare a partial solid waste generation study focused on particular sources of generation, and/or particular waste categories and waste types. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41032, 41033, 41330, 41331, 41332, 41333, 41781, 41821, 41822 and 41823, Public Resources Code. Appendix 1 General Guidelines for Sampling When Performing a Quantitative Field Analysis for a Solid Waste Generation Study (CIWMB - November, 1990) 1. Sampling Solid Waste Generation, Diversion and Disposal - Perform these tasks in the following order: a. Identify the Populations. In each jurisdiction, identify: the populations of (1) residential units, commercial units, industrial sites, and other sites of solid waste generation; (2) facilities and programs which recycle, compost, or source reduce solid wastes; and (3) solid waste transfer stations, and permitted solid waste transformation facilities and solid waste disposal sites. For the purposes of these guidelines, a population is the aggregate from which a sample is chosen, and refers to the aggregate number of solid waste generators, solid waste diversion facilities and programs, or solid waste transfer, transformation and disposal facilities identified by the jurisdiction. b. Stratify the Populations (Optional Step). Stratify each identified population into distinct subpopulations. The jurisdiction shall select the subpopulations. For example, to stratify the population for a solid waste diversion characterization, the jurisdiction could stratify the population of recycling facilities into the following subpopulations: drop-off centers, buy-back centers, and thrift shops. If the number of units in the subpopulation is small, the jurisdiction may choose not to stratify the population, and instead choose a sample from the population as a whole. c. Random Sampling. Assign a unique number to each identified unit of a population or subpopulation. Using a random numbers table or any other unbiased sampling method, choose the units to be sampled in the population or subpopulation, for each season identified by a jurisdiction. State the type(s) of unbiased sampling methods used in the solid waste generation study, when the study is submitted to the Board as a part of the SRR Element. 2. Sampling and Variability Determination: In order to determine the minimum number of samples to be taken from a population or subpopulation, a jurisdiction may use one of the following two methods: (a) Klee and Carruth Method. Perform these tasks as follows: (i) Sample, according to the requirements of sections 18722, 18724 and 18726 of this article, all of the solid waste generated, all of the solid waste diverted from disposal by recycling, composting or source reduction activities, and all of the solid waste transformed and disposed, for each identified population or subpopulation. (ii) To determine the number of samples required for a statistically representative sampling from each population or subpopulation, the jurisdiction shall use the formula for normal approximation which is found in: A.J. Klee and D. Carruth, "Sample Weights in Solid Waste Composition Studies," American Society of Civil Engineers Journal of the Sanitary Engineering Division, volume 96(SA4), pages 945-954, August 1970, which is incorporated by reference. A 90% confidence interval shall be used in this formula. This formula is: A 90% confidence level shall be used in this formula. Thus at 90% confidence level, z = 1.645 and s = 0.1632, where z is the normal standard deviate (one-tailed) for the confidence level desired and s is the estimated standard deviation of the sample, transformed (arcsin) basis. A jurisdiction shall use these values for z and s in computing the minimum number of samples. A jurisdiction shall select the confidence interval and confidence width to be used in computing the minimum number of samples, i.e., the jurisdiction shall determine the D (small delta) value to use in the formula. In order to determine D, a jurisdiction shall estimate its percent waste composition (X) by use of existing published data (waste category, and waste type if available) about the jurisdiction. and/or published data on percent waste composition from other jurisdictions. The source of the value of X used in the solid waste generation study shall be stated in the solid waste generation study. Next, a jurisdiction shall select a level of precision or sensitivity D) (large delta) (e.g., 1%, 2%, 3%) concomitant with its need for a given level of precision. with its population, and with the funds it has available for the solid waste generation study, as determined by the jurisdiction. The waste category occurring in the highest percent in the selected waste stream shall be selected as the waste category for determining X and computing D. (iii) All solid waste generation studies prepared using the Klee and Carruth Method for the purposes of meeting the requirements of the Integrated Waste Management Act of 1989, as amended, and otherwise approved by the Board, shall be considered to meet the requirements of this article. b. American Society of Testing Materials (ASTM) Method. (i) Sample, according to the requirements of sections 18722, 18724 and 18726 of this article, all of the solid waste generated, all of the solid waste diverted from disposal by recycling, composting or source reduction activities, and all of the solid waste transformed and disposed, for each identified population or subpopulation in the jurisdiction. (ii) A jurisdiction shall use section 9 and Table D of Draft No. 4 of the proposed ASTM "Method for Determination of the Composition of Un processed Municipal Solid Waste," dated January 24, 1990, which is incorporated by reference. A jurisdiction may also use the values for s and x in Table C of this method, or may use values for s and x found in published solid waste characterization studies which were conducted in California subsequent to 1984. Other sections of this Method may be used with section 9 and Table D. Once a final version of this Method is adopted by ASTM, that Method shall become the approved method for compliance with this article. All solid waste generation studies prepared using the Draft ASTM Method for the purposes of meeting the requirements of the Integrated Waste Management Act of 1989, as amended, and otherwise approved by the Board, shall be considered to meet the requirements of this article. 3. Sort and Identify. Sort and identify the solid wastes from each population and/or subpopulation, using the sources of waste generation listed in section 18722(i) of this article, and the waste categories and waste types listed in section 18722(j) of this article. 4. Assignment of Waste Category and Waste Type. Assign each identified solid waste material to one of the waste categories and waste types listed in sections 18722(j) of this article, or to any additional waste types which a jurisdiction chooses to add to the list of waste types in section (j) of this article. 5. Volume or Weight Measurement. Measure the volume or weight of each solid waste material that has been identified. 6. Tabulate and Analyze Data - Perform these tasks in the following order. Tabulate and analyze all data compiled about the waste categories and waste types. As a part of the analysis, a jurisdiction shall compute (a) and (b) as follows: a. Determination of Mean and Variability. Compute the sample mean ( x) for volume or weight for each waste category and waste type identified. Note, x = S x i /n, where x i is a sample weight or volume and n is the total number of samples taken in the population or subpopulation sampled. Next, compute the variance (s<>2; i.e., where s<>2 = S (x i - x)<>2 /n-1) and the standard deviation of the mean(s), for volume or weight measurement for each population and subpopulation, using the following formula: b. Set Confidence Levels for Sample Mean. Set a 90% confidence level around the sample mean (x), for each waste category and waste type identified.), for each waste category and waste type identified. Use the formula: where t n-1 is the t value taken from the Student's t test values in Table 1, and where (n-1) is the degrees of freedom for the Student's t test for a 90% confidence level. 7. Data Analysis Adjustment. The data analysis conducted in steps 1 through 6 may be adjusted to include waste categories and waste types which: (a) are known, by current written records held by the solid waste recycling, composting, source reduction, transformation or disposal facilities, to be disposed or diverted in a jurisdiction or in permitted solid waste facilities used by a jurisdiction, and (b) may otherwise have been overlooked in the random sampling procedure. TABLE 1 Student's t Values [FNa1] Number of Degrees of 90% Confidence Samples (n) Freedom (n-1) Level ____________________ ____________________ ___________________________________ 2 1 6.314 3 2 2.920 4 3 2.353 5 4 2.132 6 5 2.015 7 6 1.943 8 7 1.895 9 8 1.860 10 9 1.833 11 10 1.812 12 11 1.796 13 12 1.782 14 13 1.771 15 14 1.761 16 15 1.753 17 16 1.746 18 17 1.740 19 18 1.734 20 19 1.729 21 20 1.725 22 21 1.721 23 22 1.717 24 23 1.714 25 24 1.711 26 25 1.708 27 26 1.706 28 27 1.703 29 28 1.701 30 29 1.699 31 30 1.697 36 35 1.690 41 40 1.684 46 45 1.679 51 50 1.676 61 60 1.671 71 70 1.667 81 80 1.664 91 90 1.662 101 100 1.660 121 120 1.658 141 140 1.656 161 160 1.654 189 188 1.653 210 200 1.653 oo oo 1.645 FNa1 Source: George Savage, Draft ASTM Method, ASTM Designation DXXXX-XX, Table D, January, 1990, Philadelphia, PA: American Society of Testing Materials. Note: This formula is used to establish a confidence interval for a population mean when the population variance is unknown. This formula is found in: M. Woodward and L.M.A. Francis, 1988, Statistics for Health Management and Research, section 7.4.3, pgs. 161-162, London: Edward Arnold Publishers, which is incorporated by reference. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41030, 41031, 41032, 41033, 41300, 41330, 41331, 41332, 41333, 41780 and 41781, Public Resources Code. s 18726.1. Calculation of Maximum Disposal Tonnage. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1 and 41780.2, Public Resources Code. s 18726.2. Calculation of Minimum Diversion Tonnage. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1 and 41780.2, Public Resources Code. s 18730. Scope. (a) The Source Reduction and Recycling Element (SRRE) shall specify the means by which each jurisdiction required to prepare and implement a SRRE shall achieve the diversion mandates required by Public Resources Code section 41780 and 41780.1. (b) The SRRE shall include items identified in chapter 9, Article 6.1, sections 18722 through 18726, and sections 18731 through 18748 of this Article, as applicable. (c) Unless otherwise specified, this Article pertains to initial and subsequent SRREs. (d) For the purpose of this Article, a jurisdiction is a city, county, city and county or a regional agency. (e) For the purpose of this Article, programs which may be considered as funded or operated by a jurisdiction or local governing body are identified in Public Resources Code section 41781.2(b)(1). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40052, 40057, 40970-40975, 41000, 41300, 41780, 41780.1 and 41781.2, Public Resources Code. s 18731. Goals and Objectives. The SRRE shall include statements which define the goals and objectives for the short-term and medium-term planning periods. (a) SRRE goals shall be consistent with the mandates of section 40051 of the Public Resources Code. (b) SRRE objectives shall identify the amount of solid waste which the jurisdiction plans to divert from disposal at facilities to comply with the diversion requirements of Public Resources Code Sections 41780 and 41780.1 through each of the component programs described in sections 18733 through 18748 of this Article. (c) SRRE objectives shall specify the time frame for achievement of each objective. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 40900(c), 41001, 41301, 41780, 41780.1 and 41781.2, Public Resources Code. s 18732. Solid Waste Generation Analysis. Each jurisdiction preparing a SRRE shall prepare a solid waste generation analysis based upon the information developed in Article 6.1 of this Chapter. The analysis shall include, but not be limited to, the following: (a) For the initial SRRE, include a list, by specific waste categories, as denoted in section 18722, of Article 6.1 of this chapter, of the quantities of materials currently diverted from disposal, and the materials identified as being currently disposed according to the Waste Generation Study conducted by the jurisdiction. (b) A list of the waste materials currently disposed in the jurisdiction which could potentially be diverted from disposal by use of the diversion programs described in sections 18733 through 18740, of this Article. (c) A list of the waste materials currently disposed in the jurisdiction which cannot be diverted from disposal by diversion programs including, but not limited to, those described in sections 18733 through 18740 of this article and a discussion of why these waste materials cannot be diverted from disposal. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41030, 41051, 41071, 41201, 41330, 41351, 41371 and 41401, Public Resources Code. s 18733. Model Component Format. (a) The model component format, described in sections 18733.1 through 18733.6 of this Article, shall be used in the preparation of each of the following individual components of the SRRE: (1) Source Reduction Component (2) Recycling Component (3) Composting Component (4) Special Waste Component (b) Additional requirements contained in sections 18734 through 18737.2 of this Article, shall be included in the preparation of the components, listed in section 18733(a) of this Article, in accordance with the model component format. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41003 and 41303, Public Resources Code. s 18733.1. Component Objectives. (a) Each component shall state the specific objectives to be accomplished during the short-term and medium-term planning periods. The initial SRRE component objectives shall be based upon the results of the Solid Waste Generation Analysis required by section 18732 of this Article and other local considerations which may be necessary to accomplish integrated waste management. (b) For the initial SRRE, each jurisdiction shall identify specific waste categories or waste types, as found in the Solid Waste Generation Study conducted pursuant to section 18722, of Article 6.1 of this chapter, as priorities for waste diversion based on analysis of solid waste generation in terms of criteria which may include, but are not limited to, the following: (1) volume of the solid waste; (2) weight of the solid waste; (3) hazard of the solid waste; and (4) material, products or packages, contributing to the waste category or waste type, that are made of non-renewable resources. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41054, 41071, 41201, 41351, 41371 and 41401, Public Resources Code. s 18733.2. Existing Conditions Description. (a) As applicable, each component, listed in section 18733(a) of this Article, shall include a description of the existing diversion alternatives for each component program in the jurisdiction. The description shall include, but not be limited to, the following: (1) a brief description of each existing diversion alternative implemented in the jurisdiction; and (2) the quantity of waste diverted, listed by waste category and waste type where applicable as follows: (A) for the initial SRRE identify the quantity of waste diverted for each existing diversion alternative. Waste quantities shall be specified by volume, expressed in cubic yards, or by weight, expressed in tons; (B) for a subsequent SRRE, quantify each existing diversion alternative which involves recycling or composting programs that are operated or funded by a jurisdiction. Waste quantities shall be specified by weight, expressed in tons or volume, expressed in cubic yards. (3) an identification and description of the existing diversion alternatives within the jurisdiction that will be decreased in scope, phased out or closed during the short-term and medium-term planning periods. The description shall include a discussion of the effects of such closure on existing solid waste management activities within the jurisdiction and its impact on the attainment of the solid waste diversion mandates specified in sections 41780 and 41780.1, Public Resources Code. (b) The information provided in this section shall be used to: (1) account for existing diversion amounts when calculating baseyear solid waste generation rates in the initial SRRE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41031, 41333, 41780, 41780.1 and 41780.2, Public Resources Code. s 18733.3. Evaluation of Alternatives. Each component shall include an evaluation of diversion alternatives which have been considered for local implementation for the purpose of achieving the objectives required in section 18733.1, of this Article. (a) Each alternative considered shall be evaluated in terms of the following criteria and any other local considerations: (1) effectiveness in reducing either solid waste volume, weight, percentage in weight or its volumetric equivalent; (2) hazard created by the alternative considered; (3) ability to accommodate changing economic, technological, and social conditions; (4) consequences of the diversion alternative on the characterized waste, such as shifting solid waste generation from one type of solid waste to another; (5) whether it can be implemented in the short-term and medium-term planning periods; and (6) the need for expanding existing facilities or building new facilities to support implementation of the alternative. (b) In addition, the evaluation shall include, but not be limited to, the following: (1) a discussion of the consistency of each alternative with applicable local policies, plans, and ordinances based upon local conditions; (2) a discussion of any institutional barriers to local implementation of each alternative; (3) an estimate of the costs related to the implementation of each alternative being evaluated for the short-term and medium-term planning periods; and (4) a discussion of the availability of local, regional, state, national, and international end-uses for the materials which would be diverted through implementation of each alternative being considered. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41053, 41073, 41203, 41250, 41260, 41353, 41373, 41403, 41450, 41460, 41780 and 41780.1, Public Resources Code. s 18733.4. Selection of Programs. (a) Each component shall identify and describe the diversion alternatives selected, including existing diversion alternatives, expansions of existing diversion alternatives, and new diversion alternatives, which will be implemented to meet the objectives of the component and meet the solid waste diversion requirements specified in Public Resources Code, section 41780 and 41780.1. This selection shall be based upon the evaluations conducted pursuant to section 18733.3 of this Article. The program description shall include, but not be limited to, the following: (1) a discussion of each diversion alternative selected for the program identifying why the alternative was selected for implementation. For the initial SRRE this discussion shall be based upon the data compiled in the solid waste generation study conducted pursuant to Article 6.1, of this chapter, information contained in the solid waste generation analysis required by section 18732 of this Article; and the evaluation conducted pursuant to section 18733.3 of this Article. (2) an estimate of the anticipated quantities of solid wastes to be diverted from solid waste disposal, by diversion program and waste type, for the short-term and medium-term planning periods. Solid waste quantities shall be estimated either by volume, expressed in cubic yards, or by weight, expressed in tons. Each component shall state the anticipated percentage of contribution of the selected program towards the diversion mandates required by section 41780 and 41780.1 of the Public Resources Code; (3) as applicable to the component, a listing of the anticipated local, regional, state, national, and/or international end-uses for diverted materials based upon the evaluation of the diversion alternative required by section 18733.3(b)(4) of this Article; (4) as applicable to the component, a description of the proposed methods for handling and disposal which may be necessary to implement the selected program; and (5) a description of any facilities to be utilized for the implementation of the program which section 18733.3 of this Article has shown must be expanded or built to support implementation of the selected program. (b) Each diversion alternative which involves waste type "sludge" shall, in addition to the criteria set forth in subsections (a)(1) and (a)(2) of this section, be subject to a finding by the Board as described in Article 7.0 section 18775.2. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41050-41053, 41070-41075, 41200-41204, 41250, 41260, 41350-41353, 41370-41375, 41400-41404, 41450, 41460, 41480, 41780 and 41780.1, Public Resources Code. s 18733.5. Program Implementation. Each component shall contain a program implementation description which includes, but is not limited to, the following: (a) identification of government agencies and divisions thereof, organizations, and/or persons responsible for implementation of the selected program; (b) identification of the tasks necessary to implement the selected program; (c) identification of a short-term and medium-term planning period implementation schedule addressing each task identified in (b) of this section. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41050, 41070, 41200, 41250, 41260, 41350, 41370, 41400, 41450, 41460 and 41780, Public Resources Code. s 18733.6. Monitoring and Evaluation. (a) Each jurisdiction shall use one or more of the following methods to monitor and evaluate diversion programs being implemented: (1) for the initial SRRE, a Waste Generation Study consistent with the waste generation study prepared under section 18722, of Article 6.1 of this Chapter; (2) targeted solid waste characterization studies involving recycling, composting, transformation, and solid waste landfill facilities to measure changes in the volume, or weight of specific materials; (3) an assessment of any changes in the design, production, distribution, sale, or use of selected products and packages which affect solid waste generation; or (4) another method for which prior written approval has been given by the Board. (b) Each jurisdiction shall provide the following information based upon the specific monitoring and evaluation methods selected for each recycling and composting program that is operated or funded by a jurisdiction: (1) written criteria for evaluating the program's effectiveness; (2) identification of agencies or divisions thereof, organizations, or persons responsible for the program's monitoring, evaluation, and reporting; (3) identification of measures to be implemented if monitoring shows a shortfall in the attainment of solid waste diversion objectives of the component or a shortfall in the attainment of the diversion mandates specified in Public Resources Code, sections 41780 and 41780.1. Such measures may include, but are not limited to, provisions for: (A) increasing the frequency of program monitoring and review, or, (B) modification of the objectives or diversion alternatives adopted in each component program. (c) Each recycling or composting component program that is operated or funded by a jurisdiction shall contain an explanation of how the program is to be monitored and evaluated during its implementation. A jurisdiction shall identify the methods to quantify and monitor achievement of the objectives, including but not limited to, diversion from solid waste landfills and transformation facilities and reduction of waste hazards. Actual solid waste diversion shall be quantified in cubic yards, or in tons, and as a percentage of the total solid waste generation of the jurisdiction. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41052, 41072, 41202, 41250, 41260, 41352, 41372, 41402, 41450, 41460, 41780 and 41780.1, Public Resources Code. s 18734. Source Reduction Component Specific Requirements. The Source Reduction Component shall include the requirements contained in sections 18733.1 through 18734.3 of this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050 and 41350, Public Resources Code. s 18734.1. Source Reduction Component Objectives. (a) Each jurisdiction shall examine and select source reduction program objectives which meet the goal of minimizing the quantity of solid waste disposed including, but not limited to, the following: (1) reducing the use of non-recyclable materials; (2) replacing disposable materials and products with reusable materials and products; (3) reducing packaging; (4) reducing the amount of yard wastes generated; (5) purchasing repairable products; and, (6) increasing the efficiency of the use of paper, cardboard, glass, metal, and other materials by reducing wastes from non-residential generators' production operations, processes, and equipment and considering durability, reusability, and recyclability as product selection criteria. (b) Each jurisdiction shall identify specific waste types (materials, products, and packaging) to be targeted for the source reduction objectives, based upon criteria, which include, but are not limited to, the following: (1) the potential to extend the useful life of affected materials, products, or packaging; and (2) whether the waste type has limited recyclability. Note: Authority cited: Sections 40502, Public Resources Code. Reference: Sections 40900(c), 41050-41054 and 41350-41354, Public Resources Code. s 18734.2. Source Reduction Component Existing Conditions Description. (a) The description of existing conditions shall identify the source reduction activities currently being performed by public and private entities including, but not limited to governmental, commercial, and industrial entities; (b) For the initial SRRE, quantification of current source reductions achieved through existing programs within the jurisdiction shall meet the following criteria: (1) the methodology, assumptions, and results shall be described, documented, and verified; and, (2) the jurisdiction shall use the best readily available and applicable data, which may include direct observations and measurements of source reduction and the results of monitoring programs similar to those identified in section 18733.6 of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050, 41053, 41350 and 41353, Public Resources Code. s 18734.3. Evaluation of Source Reduction Program Alternatives. Each jurisdiction shall consider source reduction program alternatives including, but not limited to, the following: (a) Rate structure modifications, which may include, but are not limited to: (1) local waste disposal fee modifications; (2) quantity-based local user fees, which may include, but are not limited to, variable can rates for garbage collection services, such as fees based on the number of containers set out for collection; (b) Creation of other economic incentives, which may include, but are not limited to: (1) loans, grants, and loan guarantees; (2) deposits, refunds, and rebates; and (3) reduced business license fees; (c) Technical assistance or instructional and promotional alternatives, which may include, but are not limited to: (1) waste evaluations; (2) the establishment of compost programs which assist generators to compost at the site of generation; (3) technical assistance to industry and consumer organizations, and to source reduction businesses; (4) educational efforts, such as consumer awareness programs, school curricula development, seminars, and public forums; (5) awards and other types of public recognition for source reduction activities; and (6) non-procurement source reduction programs, such as education of employees, office changes to increase the use of scrap paper, increased use of electronic mail, and increased double-sided copying. (d) Regulatory programs, which may include, but are not limited to: (1) local adoption of ordinances that specify that one or more of the following criteria be considered in the procurement selection of products and packaging by the jurisdiction: (A) durability (B) recyclability (C) reusability (D) recycled material content (2) local establishment of incentives and disincentives to land-use development that promote source reduction; (3) locally established requirements of waste reduction planning and reporting by waste generators or manufacturers; (4) local adoption of bans on products and packaging to the extent the following can be demonstrated: (A) the ban will result in reduction in waste at the source, rather than substitution by another product or package of equivalent or greater volume; and (B) the ban will result in a net environmental benefit. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41050-41054 and 41350-41354, Public Resources Code. s 18735. Recycling Component Specific Requirements. The Recycling Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18735.1 through 18735.5 of this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code. s 18735.1. Recycling Component Objectives. A statement of market development objectives to be achieved in the short-term and medium-term planning periods shall be included in the goals and objectives section of the recycling component, as required by sections 41074 and 41374 of the Public Resources Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070-41074 and 41370-41374, Public Resources Code. s 18735.2. Recycling Component Program Existing Conditions Description. The description of the existing recycling program shall include, but not be limited to, a description of existing private and public recycling activities, local market development activities, including any government procurement programs, economic development activities, consumer incentives, and education programs conducted within the jurisdiction. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code. s 18735.3. Evaluation of Recycling Program Alternatives. Each jurisdiction shall analyze the recycling diversion alternatives affecting residential, commercial, and industrial wastes. The analysis shall take into account existing recycling programs and their possible expansion in addition to the areas of concern specified in section 18733.3 of this Article. (a) The alternatives shall include, but not be limited to, the following methods for accomplishing separation of the recyclable materials from the waste stream: (1) separation of recyclable materials at the source of generation, including curbside and mobile collection systems; (2) drop-off recycling centers; (3) buy-back recycling centers; (4) manual material recovery operations; (5) mechanized material recovery operations that produce a product which has a market; and (6) salvage at solid waste facilities. (b) The jurisdiction shall consider changing zoning and building code practices to encourage recycling of solid wastes, such as, rezoning to allow siting of a drop-off recycling center in residential neighborhoods or revising building codes to require adequate space be allotted in new construction for interim storage of source-separated materials. (c) The jurisdiction shall consider changing existing rate structures to encourage recycling of solid wastes. (d) The jurisdiction shall consider the methods which it will use to increase the markets for recycled materials, including, but not limited to, changing governmental procurement programs to promote market development by giving purchase preferences to recycled products or otherwise specifying their use. (e) The jurisdiction shall encourage handling methods which preserve the integrity of recovered materials so that they remain usable raw materials for manufacturers of recycled content products. For this purpose, the jurisdiction shall consider the extent to which separation of recyclable materials from waste can be performed as close to the point of generation as possible. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(d), 41075 and 41375, Public Resources Code. s 18735.4. Selection of Recycling Program. (a) The recycling component shall identify the end markets or end users which will be secured during the short-term period, for the materials collected. In the event that such markets cannot be identified, the component shall describe the methods by which the jurisdiction will secure the necessary markets. (1) The identification of markets may be described in general terms. (2) Planned development of markets at manufacturing facilities in the jurisdiction shall also be described. (b) The Recycling Component shall describe the measures to be taken if uneconomical market conditions or other unfavorable conditions occur which are beyond the jurisdiction's control and which would prevent the jurisdiction from satisfying the requirements of sections 41780 and 41780.1 of the Public Resource Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41074, 41374, 41780 and 41780.1, Public Resources Code. s 18735.5. Recycling Program Implementation. The recycling program shall denote actions planned to deter unauthorized removal of recyclable materials which would adversely affect the recycling program's effectiveness. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41070 and 41370, Public Resources Code. s 18736. Composting Component Specific Requirements. The Composting Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18736.1 through 18736.4 of this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200 and 41400, Public Resources Code. s 18736.1. Composting Component Objectives. A statement of market development objectives to be achieved in the short-term and medium-term planning periods shall be provided in the Composting Component, as required by sections 41204 and 41404 of the Public Resources Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200, 41204, 41400 and 41404, Public Resources Code. s 18736.2. Composting Component Program Existing Conditions Description. The description of the existing composting program shall include, but not be limited to, a description of existing local market development activities, including any government procurement programs, economic development activities, or consumer incentives conducted within the jurisdiction. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200 and 41400, Public Resources Code. s 18736.3. Evaluation of Composting Program Alternatives. (a) Composting program alternatives that qualify toward achievement of the diversion mandates specified in sections 41780 and 41780.1 of the Public Resources Code shall include only those alternatives whose products result from the controlled biological decomposition of organic wastes that are source separated from the municipal solid waste stream or separated at a centralized waste processing facility. (b) Composting alternatives do not include composting of solid waste at the site of generation by the generator, since such an alternative constitutes a source reduction method. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41201, 41202, 41401, 41402, 41780 and 41780.1, Public Resources Code. s 18736.4. Selection of Composting Program. (a) The Composting Component shall identify the end markets or end use which will be secured during the short-term period for the materials composted, using the selected program. In the event that such markets cannot be firmly identified, the component shall describe the methods by which the jurisdiction will secure the necessary markets. The identification of markets may be described in general terms. Planned development of markets at manufacturing facilities in the jurisdiction shall also be described. (b) The Composting Component shall describe the measures to be taken if uneconomical market conditions occur beyond the jurisdiction's control, which would prevent the jurisdiction from satisfying the requirements of sections 41780 and 41780.1 of the Public Resource Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41200, 41204, 41400, 41404, 41780 and 41780.1, Public Resources Code. s 18737. Special Waste Component. The Special Waste Component shall include the requirements contained in sections 18733.1 through 18733.6 and 18737.1 and 18737.2 of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41250 and 41450, Public Resources Code. s 18737.1. Special Waste Component Objectives. For the initial SRRE each jurisdiction shall examine and select Special Waste Component objectives based upon data generated in the Solid Waste Generation Study, conducted pursuant to section 18722, of Article 6.1 of this chapter. The objectives shall include a plan to reduce the hazard potential of special wastes by waste type. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900(c), 41250 and 41450, Public Resources Code. s 18737.2. Special Waste Component Existing Conditions Description. (a) The description of the existing special waste program shall include, but not be limited to, a description of existing solid waste facilities which are permitted to handle or dispose of special wastes. Where applicable, the description shall include a discussion of other regulatory agency requirements, permits, or other documents associated with the operation of these facilities. (1) regulatory agencies include, but are not limited to, regional water quality control boards, air quality management districts, and the Department of Toxics Substances Control. (b) For the initial SRRE the jurisdiction shall provide a discussion on those special wastes identified in the Waste Generation Study conducted pursuant to section 18722, of Article 6.1 of this Chapter for which there is currently no permitted handling or disposal method within the jurisdiction. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41250 and 41450, Public Resources Code. s 18738. Household Hazardous Waste Component Specific Requirements. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code. s 18738.1. Household Hazardous Waste Component Objectives. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code. s 18738.2. Household Hazardous Waste Existing Conditions Description. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41280 and 41480, Public Resources Code. s 18738.3. Evaluation of Household Hazardous Waste Program Alternatives. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code. s 18738.4. Selection of Household Hazardous Waste Program. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 40900(c), 41280 and 41480, Public Resources Code. s 18738.5. Implementation of Household Hazardous Waste Programs. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41280 and 41480, Public Resources Code. s 18740. Education and Public Information Component. (a) Component objectives. The Education and Public Information Component shall include a statement of educational and informational objectives for the short-term and medium-term planning periods. (b) Existing program description. The component shall include a description of all existing educational and public information programs and activities within the jurisdiction which promote source reduction, recycling, composting, and the safe handling and disposal of solid waste. (c) Selection of program alternatives. For the initial SRRE the component shall incorporate data compiled in the solid waste generation study conducted pursuant to Article 6.1 and the solid waste generation analysis of section 18732 of this Article to identify solid waste generators that will be targeted in educational and public information programs. (d) Program implementation. The component shall include a program implementation discussion which: (1) identifies those agencies or divisions thereof, organizations, and/or persons responsible for implementation; (2) identifies required implementation tasks; (3) establishes short-term and medium-term implementation schedules for tasks; (e) Monitoring and evaluation. For each education and public information component program which involves recycling or composting programs that are operated or funded by a jurisdiction, the component shall: (1) identify the methods to be used to measure achievement of the education and public information objectives identified pursuant to section (a), above; (2) establish written criteria by which to evaluate program effectiveness; (3) identify agencies or divisions thereof, organizations, and/or persons responsible for program monitoring, evaluation, and reporting; (4) identify measures to be implemented if monitoring performed pursuant to section 18733.6(a) of this Article shows a shortfall in the attainment of the solid waste diversion objectives; and (5) establish a program monitoring and reporting schedule. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 41220 and 41420, Public Resources Code. s 18744. Facility Capacity Component. (a) For the initial SRRE the Solid Waste Facility Capacity Component shall identify and describe all existing permitted solid waste landfills and transformation facilities within the jurisdiction. This description shall contain the following: (1) identification of the owner and operator of each permitted solid waste disposal facility; (2) quantity and waste types of solid waste disposed; (3) permitted site acreage; (4) permitted capacity; (5) current disposal fees; and (6) for solid waste landfills, remaining facility capacity in cubic yards and years. (b) The Solid Waste Facility Capacity Component shall include a solid waste disposal facility needs projection which estimates the additional disposal capacity, in cubic yards per year, needed to accommodate anticipated solid waste generation within the jurisdiction for a 15-year period commencing in 1991. (1) The solid waste disposal capacity needs projection for the initial SRRE shall be calculated based upon the solid waste generation projection conducted in accordance with section 18722, of Article 6.1 of this Chapter. (2) The disposal capacity needs projection for the 15 year period shall be calculated using the following equation: ADDITIONAL CAPACITY Year n = [ (G + I) - (D + TC + LF + E) ] Year n where: G = The amount of solid waste projected to be generated in the jurisdiction; I = The amount of solid waste which is expected to be imported to the jurisdiction for disposal in permitted solid waste disposal facilities through interjurisdictional agreement(s) with other cities or counties, or through agreements with solid waste enterprises, as defined in section 40193 of the Public Resources Code. D = The amount diverted through successful implementation of proposed source reduction, recycling, and composting programs. TC = The amount of volume reduction occurring through available, permitted transformation facilities. LF = The amount of permitted solid waste disposal capacity which is available for disposal in the jurisdiction, of solid waste generated in the jurisdiction. E = The amount of solid waste generated in the jurisdiction which is exported to solid waste disposal facilities through interjurisdictional agreement(s) with other cities, counties or states, or through agreements with solid waste enterprises, as defined in section 40193 of the Public Resources Code. n = each year of a 15 year period commencing in 1991. [iterative in one year increments] (c) The Solid Waste Facility Capacity Component shall include discussions of: (1) The solid waste disposal facilities within the jurisdiction which will be phased out or closed during the short-term and medium-term planning periods and the anticipated effect from such phase-out or closure on disposal capacity needs of the jurisdiction. (2) Plans to establish new or expanded facilities for the short-term and medium-term planning periods and the projected additional capacity of each new or expanded facility. (3) Plans to export waste to another jurisdiction for the short-term and medium-term planning periods and the projected additional capacity of proposed export agreements. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41260, 41460 and 41821, Public Resources Code. s 18746. Funding Component. (a) The Funding Component shall demonstrate that there is sufficient funding and allocation of resources for: (1) program planning and development; (2) implementation of programs in order to comply with the requirements of sections 41780 and 41780.1 of the Public Resources Code. (b) The Funding Component shall provide cost estimates for component programs scheduled for implementation in the short-term planning period. (1) The Funding Component shall identify revenue sources sufficient to support the component programs. (2) The Funding Component shall identify sources of contingency funding for component programs. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41230, 41430, 41780 and 41780.1, Public Resources Code. s 18748. Integration Component. (a) The Integration Component shall explain how the Source Reduction, Recycling, Composting, and Special Waste components combine to achieve the 25 and 50 percent mandates specified in Public Resources Code sections 41780 and 41780.1. The Integration component shall include, but is not limited to, the following: (1) a description of the solid waste management practices which fulfill the legislative goals of promoting integrated solid waste management in the following order of priority: (A) source reduction; (B) recycling and composting; and (C) environmentally safe transformation and environmentally safe land disposal of solid wastes; (2) an explanation of how the jurisdiction has integrated the components to maximize the use of all feasible source reduction, recycling and composting options; (3) an explanation of how the components jointly achieve the diversion mandates in sections 41780 and 41780.1 of the Public Resources Code; (4) an explanation of how priorities between components were determined, and (5) an explanation of whether the jurisdiction has been designated, or plans to apply for designation, as a California Integrated Waste Management Board Recycling Market Development Zone. (b) An integrated schedule shall be submitted in the Integration Component which shall include the following: (1) a calendar scheduling all implementation tasks for new and expanded programs, commencing after the effective date of the Integrated Waste Management Act of 1989 through the short-term planning period, as identified in the components specified in sections 18733(a) and 18740 of this Article. The schedule shall include a short descriptive title for each task, the entity implementing the task, the task start date and milestone dates, and a schedule for funding source availability. (A) implementation tasks are those tasks in each component which satisfy the requirements of sections 18733.5(b) and 18740(d) of this Article. (2) the schedule shall also show the anticipated date of achievement of the solid waste diversion mandates specified in sections 41780 and 41780.1, Public Resources Code. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41001, 41002, 41301, 41302, 41780 and 41780.1, Public Resources Code. s 18750. Scope. The Household Hazardous Waste (HHW) Element shall specify the means by which each jurisdiction required to prepare and implement a HHW Element shall safely collect, recycle, treat and dispose of household hazardous wastes generated by households within the jurisdiction. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18751. Household Hazardous Waste Element Specific Requirements. The Household Hazardous Waste Element shall include the requirements contained in sections 18751.1 through 18751.6 of this Article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18751.1. Household Hazardous Waste Element Goals and Objectives. The HHW Element shall include statements which define the goals and objectives for the short-term and medium-term planning periods. (a) HHW Element goals and objectives shall be consistent with the mandates of section 40051 of the Public Resources Code. (b) Each jurisdiction shall examine and select household hazardous waste element goals and objectives based upon data generated in the Solid Waste Generation Study, conducted pursuant to section 18722, of Article 6.1 of this Chapter. The objectives shall include plans to source reduce and safely collect, recycle, treat and dispose of household hazardous waste generated within the jurisdiction. (c) The HHW Element shall specify the time frame for achievement of each objective. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 41500 and 41510, Public Resources Code. s 18751.2. Household Hazardous Waste Existing Conditions Description. The description of the existing household hazardous waste program shall: (a) Identify the types and quantities of household hazardous wastes that are currently source reduced, collected, reused, recycled, treated and/or disposed through existing programs; (1) Household hazardous waste categories shall include those contained in form CIWMB-303 "Household Hazardous Waste Collection Information for Fiscal Year __/__" (5/95), which is incorporated herein by reference. (See Appendix A.) (b) Explain the current methods for source reduction, reuse, recycling, collection, treatment, and disposal of household hazardous waste generated within the jurisdiction; (1) If there is no existing program, this must be stated. (c) Estimate amounts of household hazardous waste currently being illegally disposed of in the jurisdiction, based on results of the Waste Characterization Study, Section 18722 (j)(7)(B), and on known illegal disposal methods. Note: Authority cited: Section 40502, Public Resources Code; and Section 25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code. s 18751.3. Evaluation of Household Hazardous Waste Program Alternatives. The HHW Element shall include an evaluation of the Program alternatives which have been considered for local implementation consistent with the objectives of section 18751.1 of this Article, including but not limited to the following: (a) Program alternatives including, but not limited to: (1) collection alternatives, as follows: (A) periodic community-wide, or neighborhood household hazardous waste collection; (B) permanent household hazardous waste drop-off sites; (C) mobile household hazardous waste collection; and (D) local activities, actions or efforts to encourage the formation of privately or publicly operated fee-for-service, door-to-door, or curbside household hazardous waste collection alternatives. (2) load-checking programs for household hazardous waste at all solid waste management facilities; and (3) waste exchange, reuse and/or recycling alternatives for household hazardous wastes including, but not limited to, alternatives for waste oils, paints, and batteries. (b) Each alternative considered shall be evaluated in terms of the following criteria and any other local considerations: (1) hazards, as defined by Section 18720(a)(26) of this Chapter, which are created by the alternative considered; (2) ability to accommodate changing economic, technological, and social conditions; (3) whether it can be implemented in the short-term and medium-term planning periods; and (4) the need for expanding existing facilities or constructing new facilities to support implementation of the alternative. (5) In addition, the evaluation shall include, but not be limited to, the following: (A) a discussion of the consistency of each alternative with applicable local policies, plans, and ordinances based upon local conditions; (B) a discussion of any institutional barriers to local implementation of each alternative; (C) an estimate of the costs related to the implementation of each alternative being evaluated for the short-term and medium-term planning periods; and (D) a discussion of the availability of local, regional, state, national, and international end-uses for the materials which would be diverted through implementation of each alternative being considered. (6) effectiveness in reducing either the volume or weight of HHW generated. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18751.4. Selection of Household Hazardous Waste Program. (a) The HHW element shall identify and describe the diversion alternatives which have been selected for the jurisdiction's HHW program, including existing diversion alternatives, expansion of existing diversion alternatives, and new diversion alternatives, which will be implemented to meet the goals and objectives of the element. This selection shall be based upon the evaluations conducted pursuant to section 18751.3 of this Article. The program description shall include, but not be limited to, the following: (1) a discussion of each diversion alternative selected for the program identifying why the alternative was selected for implementation. This discussion shall be based upon the data compiled in the solid waste generation study conducted pursuant to Article 6.1, of this Chapter; information contained in the solid waste generation analysis required by section 18732 of Article 6.2; and the evaluation conducted pursuant to section 18751.3 of this Article. (2) as applicable to the element, a listing of the anticipated local, regional, state, national, and/or international end-uses for diverted materials based upon the evaluation of the diversion alternatives required by section 18751.3(b)(5)(D) of this Article; (3) as applicable to the element, a description of the proposed methods for handling and disposal which may be necessary to implement the selected program; and (4) a description of any facilities to be utilized for the implementation of the program which section 18751.2 of this Article has shown must be expanded or built to support implementation of the selected program identified in Section 18751.3 of this Article. (b) In addition to the above requirements, the program description shall include the following: (1) an identification of the types and quantities of household hazardous wastes anticipated to be collected, recycled, and/or disposed through proposed programs using household hazardous waste categories contained in form CIWMB-303 "Household Hazardous Waste Collection Information for Fiscal Year __/__" (5/95), which is incorporated herein by reference (See Appendix A.): (A) where applicable, specification of the targeted Public participation goals by Percent of the Population of the affected jurisdiction for each Preferred program alternative; (2) a description of recycling and/or reuse efforts to be used in conjunction with a proposed household hazardous waste program; (3) a description of all proposed cooperative and/or multi-jurisdictional household hazardous waste program implementation efforts/actions/activities in which the jurisdiction intends to participate. Note: Authority cited: Section 40502, Public Resources Code and Section 25218.10, Health and Safety Code. Reference: Sections 41500, 41510, 41750 and 47103, Public Resources Code. s 18751.5. Implementation of Household Hazardous Waste Program. (a) The element shall contain a program implementation schedule that includes, but is not limited to, the following: (1) identification of government agencies and divisions thereof, organizations, and/or persons responsible for implementation of the selected program; (2) identification of the tasks necessary to implement the selected program; and, (3) identification of a short-term and medium-term planning period implementation schedule addressing each task identified in paragraph (a)(2) of this section which specifies the date each task will be completed. (b) The jurisdiction may use technical assistance, program guidelines, and model operation plans, provided by the Board, for community household hazardous waste collection programs in the implementation of its household hazardous waste program. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500, 41510, 47100 through 47106, and 41750, Public Resources Code. s 18751.6. Monitoring and Evaluation. The element shall contain an explanation of how the program is to be monitored and evaluated as follows: (a) identify the methods chosen from (b) of this section, which are being used to monitor achievement of the jurisdiction's objectives, as described in Section 18751.1, including but not limited to, the success in reducing or eliminating household hazardous waste. (b) each jurisdiction shall use one or more of the following methods to monitor and evaluate the diversion objectives achieved within the jurisdiction: (1) a Waste Generation Study consistent with the waste generation study prepared under section 18722, of Article 6.1 of this Chapter; (2) targeted solid waste characterization studies involving all or a representative sample of solid waste landfill facilities, used by a jurisdiction, to measure changes in the volume, weight and hazard of specific materials, with adjustments or shifts in household hazardous waste generation resulting from source reduction; (3) an assessment of any changes in the design, production, distribution, sale, and/or use of selected products and packages which affect household hazardous waste generation; (4) monitoring of accurately maintained records of the volumes and types of HHW collected; or (5) another method for which prior written approval has been given by the Board. (c) Each jurisdiction shall provide the following information based upon the specific monitoring and evaluation methods selected for each program: (1) written criteria for evaluating the program's effectiveness; (2) identification of agencies or divisions thereof, organizations, and/or persons responsible for the program's monitoring, evaluation, and reporting; (3) identification of known monitoring and evaluation funding requirements, revenues, and revenue sources; and (4) identification of measures to be implemented if monitoring shows a shortfall in the attainment of the objectives of the element. Such measures may include, but are not limited to, provisions for: (A) increasing the frequency of program monitoring and review, (B) modification of the objectives, or, (C) modification of the Program to increase its effectiveness. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18751.7. Education and Public Information. (a) Objectives. The education and public information section of the element shall include a statement of educational and informational objectives for the short-term and medium-term planning periods. (b) Existing program description. A description of all known existing educational and public information programs and activities within the jurisdiction which promote the source reduction, reuse, recycling and safe disposal of household hazardous waste shall be included. (c) Identification of Preferred Alternatives. The public information and education section shall list the preferred alternatives both existing and proposed which will be maintained or implemented in the short and medium term Planning Periods to achieve the objectives of this section. (d) Program implementation. A program implementation discussion which includes the following shall be submitted: (1) identification of community audiences to be targeted in educational and public information programs; (2) identification of those agencies or divisions thereof, organizations, and/or persons responsible for implementation; (3) identification of the required implementation tasks; (4) short-term and medium-term implementation schedules for tasks listed in (3) above; (5) identification of all public and private program implementation costs, revenues, and revenue sources necessary for program implementation; and, (6) public information and education alternatives to promote the use of safer substitute products or practices in households. (e) Monitoring and evaluation. The section shall: (1) identify the methods to be used to measure achievement of the education and public information objectives identified pursuant to section (a), above; (2) establish written criteria by which to evaluate program effectiveness; (3) identify agencies or divisions thereof, organizations, and/or persons responsible for program monitoring, evaluation, and reporting; (4) identify monitoring and evaluation funding requirements, revenues, and revenue sources; (5) identify measures to be implemented if monitoring performed pursuant to section 18751.6(a) of this Article shows a shortfall in the attainment of the household hazardous waste disposal objectives; and (6) establish a program monitoring and reporting schedule. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18751.8. Funding. (a) The jurisdiction shall demonstrate that there is sufficient funding and allocation of resources for: (1) program planning and development; (2) implementation of programs in order to comply with the requirements of sections 41500 and 41510 of the Public Resources Code. (b) The funding section shall provide cost estimates for element programs scheduled for implementation in the short-term planning period, as follows: (1) The funding section shall identify revenue sources sufficient to support the element programs. (2) The funding section shall identify sources of contingency funding for element programs in the event that preferred revenue resources are insufficient. (c) The funding section shall include a table which summarizes Program implementation costs, including public and private costs, revenues, and revenue sources necessary for implementation of the selected program. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41500 and 41510, Public Resources Code. s 18752. Scope. (a) The Nondisposal Facility Element (NDFE) shall identify the nondisposal facilities to be used by a jurisdiction to assist in reaching the diversion mandates of Public Resources Code Section 41780. (b) The NDFE shall include the items identified in Sections 18752 through 18754.5 of this chapter. (c) For the purpose of this Article, a nondisposal facility is any solid waste facility required to obtain a permit pursuant to Article 1 (commencing with Section 44001) Chapter 3, Part 4 of the Public Resources Code, except a disposal facility or a transformation facility. (d) The NDFE shall reflect information available to a jurisdiction at the time of the development of the document. The NDFE may also contain additional information as determined by a jurisdiction. (e) A jurisdiction may include other facilities not defined as nondisposal facilities (i.e. recycling centers, drop-off centers, household hazardous waste facilities, etc.). (f) For the purpose of this Article, a jurisdiction is a city, county, city and county, or regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. s 18753. Description of Nondisposal Facilities within a Jurisdiction. The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities located within a jurisdiction which recover for reuse or recycling at least five percent of the total volume of material received by the facility. (a) Each facility description shall include, but is not limited to: (1) type of facility; (2) facility capacity; (3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and, (4) participating jurisdictions. (b) Each facility location description may include, but is not limited to: (1) address of the facility; or, (2) description of the general area, (include a land use map, zoning map, or other type of planning map). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. s 18753.5. Description of Nondisposal Facilities outside a Jurisdiction. The NDFE shall identify all existing, expansion of existing, and proposed nondisposal facilities which a jurisdiction, plans to utilize, but which are not located within the jurisdiction, and which recover for reuse or recycling at least five percent of the total volume of material received by the facility. (a) Each facility description shall include, but is not limited to: (1) type of facility; (2) estimated amount of the waste the jurisdiction will transport to the facility; (3) anticipated diversion rate or expected diversion rate from the total amount of the waste that the facility receives; and, (4) location of facility. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. s 18754. Description of Transfer Stations within a Jurisdiction. The NDFE shall identify existing, expansion of existing, and proposed transfer stations located within a jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling. (a) Each facility description shall include, but is not limited to: (1) name of facility; and, (2) participating jurisdictions. (3) facility capacity. (b) Each facility location description may include, but is not limited to: (1) address of the facility; or, (2) description of the general area, (include a land use map, zoning map, or other type of planning map). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. s 18754.5. Description of Transfer Stations outside a Jurisdiction. The NDFE shall identify existing, expansion of existing, and proposed transfer stations to be used by a jurisdiction but not located within the jurisdiction, which recover less than five percent of the volume of materials received for reuse or recycling. (a) Each facility description shall include, but is not limited to: (1) name of facility; and, (2) location of facility. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41730, 41731, 41732, 41733 and 41750.1, Public Resources Code. s 18755. General Requirements. (a) The Siting Element shall demonstrate that there is a countywide or regionwide minimum of 15 years of combined permitted disposal capacity through existing or planned solid waste disposal and transformation facilities or through additional strategies. (b) The Siting Element shall describe and identify the areas, numbers and types of new solid waste disposal and transformation facilities, as well as the expansion of existing solid waste disposal and transformation facilities necessary to provide a minimum of 15 years of combined permitted disposal capacity. (c) If the requirements of subdivision (b) of this section cannot be demonstrated, then strategies shall be discussed for the transformation, disposal, or diversion of excess waste. (d) The Siting Element shall include the items identified in sections 18755.1 through 18756.7 of this article. (e) A "Siting Element" may be prepared by a regional agency when the regional agency is composed of two or more counties and all incorporated cities of those counties. (f) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management. (g) For the purposes of this article, "regionwide" shall be defined as including the member agencies of the regional agency. For the purposes of this article, a "regional agency" shall be the governing entity created by a voluntary agreement between cities and counties for the purpose of complying with Part 2 of Division 30 of the Public Resources Code. A city or county which is a party to such an agreement shall be considered a "member agency" of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40970-40972, 40977, 41700-41721.5, 41750.1 and 41821.2, Public Resources Code. s 18755.1. Goals and Policies. (a) The Local Task Force (LTF) shall develop goals, policies, and procedures to provide guidance to the county to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies established by the county. (b) The LTFs of each county, which are member agencies of a regional agency formed pursuant to section 18776(b) of this chapter, shall develop goals, policies, and procedures to provide guidance to the regional agency to prepare the Siting Element. Based upon this guidance, the Siting Element shall include a statement on the goals and policies of the regional agency. (c) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall describe the method for the environmentally safe disposal of solid waste generated within the boundaries of the county and regional agency. (d) The policies shall specify any programs, regulatory ordinances, actions, or strategies that may be established to meet the goals described in subdivision (c) of this section and to assist in the siting of solid waste disposal facilities. An implementation schedule shall be included which identifies tasks necessary to achieve each selected goal. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950(d), 41700 and 41701(a), Public Resources Code. s 18755.3. Disposal Capacity Requirements. (a) Each county and regional agency, with assistance from the Local Task Force, shall include documentation in the Siting Element of the following information: (1) the January 1, 1990 disposal capacity in cubic yards and in tons established pursuant to CCR 18777(b); (2) the existing disposal capacity in cubic yards and in tons in the year the Siting Element is prepared; and (3) the disposal capacity in cubic yards and in tons in any year the Siting Element is revised. (b) The anticipated disposal capacity needs shall be described in cubic yards and tons, on an annual basis and aggregated for a minimum 15-year period, beginning with the year in which the Siting Element is prepared, and any year the Siting Element is revised. (c) Area(s) shall be selected where solid waste disposal facilities are envisioned to be expanded or sited and constructed for the purpose of meeting a required minimum of 15 years of combined permitted disposal capacity. Each county and regional agency shall consider the following in determining the areas where solid waste disposal facilities are planned to be expanded or sited and constructed: (1) the total amount of solid waste generated, expressed in cubic yards and in tons for volumetric capacity for the required 15-year period; (2) the existing remainder of combined permitted disposal capacity in cubic yards and in tons for the required 15-year period; and (3) an estimation of the total disposal capacity in cubic yards and in tons needed to meet a minimum of 15 years of combined permitted disposal capacity. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41701(b), (c) and (d), and 41791, Public Resources Code. s 18755.5. Description of Existing Solid Waste Disposal Facilities. (a) The Siting Element shall include an identification of each permitted solid waste disposal facility located countywide and regionwide. The description shall include, but not be limited to, the following information for each facility: (1) the name of the facility and the name of the facility owner and operator; (2) the facility permit number, permit expiration date, date of last permit review, and an estimate of remaining site life, based on remaining disposal capacity; (3) the maximum permitted daily and yearly rates of waste disposal, in tons and cubic yards; (4) the average rate of daily waste receipt, in tons and cubic yards; (5) the permitted types of wastes; and, (6) the expected land use for any site being closed or phased out within the 15-year planning period. (b) The Siting Element description shall include a map showing each existing permitted solid waste disposal facility countywide and regionwide. The map shall be drawn to scale and the scale legend included on the map sheet. The type of map may be a 7.5 or 15 minute USGS quadrangle. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 50001, Public Resources Code. s 18756. Criteria for Establishing New or for Expanding Existing Solid Waste Disposal Facilities. (a) To establish a new solid waste disposal facility or to expand an existing solid waste disposal facility, the county and regional agency shall describe the criteria to be used in the siting process for each facility. The criteria shall include, but not be limited to, a description of the major categories of Environmental Considerations, Environmental Impacts, Socioeconomic Considerations, Legal Considerations, and additional criteria as developed by the county, cities, regional agency and member agencies. The following are examples of criteria that may be considered within those major categories: (1) Environmental Considerations (for example: geology and solids including faulting and seismicity, ground settlement, surface hydrology and ground water, quantity and quality of ground water, surface water, surface water contamination, drainage patterns, etc.); (2) Environmental Impacts (for example: air quality including climatic and meteorological conditions and emissions, visibility, cultural resources including regional setting, inventory and significance, paleontological resources including inventory and significance, vegetation, and wildlife, etc.); (3) Socioeconomic considerations (for example: transportation including local and regional transportation systems, highways and major roadway corridors, rail transportation and corridors, land use including regional and local land uses such as military use, mineral extraction, agriculture, recreation/tourism, compatibility with existing and future land uses, consistency with county general plan(s) and future post-closure uses, economic factors including estimates of development costs and operational costs, etc.); (4) Legal considerations (for example: federal, state, and local minimum standards and permits, liabilities, and monitoring, etc.); (5) Additional criteria as may be included by the county, cities, regional agency and member agencies approving the Siting Element. (b) The Siting Element shall describe the process instituted countywide or regionwide to confirm that the criteria set forth in (a)(1-5) of this section are included as part of the solid waste disposal facility siting process. (c) The countywide Siting Element shall be approved by the county and the cities as described in Public Resources Code section 41721. The regionwide Siting Element shall be approved by the regional agency as described in section 18783(c) of this chapter. The Siting Element shall include: a resolution from each jurisdiction and member agency approving or disapproving of the Siting Element or any proposed amendment to the element; and a record of any jurisdiction or member agency failing to act upon the Siting Element. (d) No solid waste disposal facility in the Siting Element shall be established that does not satisfy the minimum criteria that are adopted in the Siting Element pursuant to section 18756(a) of this article. (e) A solid waste disposal facility not described within the Siting Element shall not be established unless an amendment to the Siting Element has been approved identifying and describing the facility, and the date of its inclusion in the element pursuant to PRC section 41721.5. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 50001, Public Resources Code. s 18756.1. Proposed Facility Location and Description. (a) The Siting Element shall include a description of each proposed new solid waste disposal facility and a description of each proposed expansion of an existing solid waste disposal facility for each county and regional agency included in the Siting Element which complies with the criteria identified in Section 18756 of this article. The description shall include the type of facility, location, size, volumetric capacity of the facility expressed in cubic yards and in tons, life expectancy (years), expansion options of the existing or proposed facility, and post-closure uses. (1) Each Siting Element shall include one or more maps indicating the location of each proposed solid waste disposal facility and adjacent and contiguous parcels. The map(s) shall be drawn to scale and include the scale on the map sheet. The type of map(s) may be a 7.5 or 15 minute USGS quadrangle. (b) A description shall be provided in the Siting Element of how each proposed solid waste disposal facility contributes to and maintains for each county or regional agency included in the Siting Element the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article and is consistent with the diversion goals of Public Resources Code section 41780. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41700, 41701, 41702, 41704 and 41780, Public Resources Code. s 18756.3. Consistency with City and County General Plans for New or Expanded Solid Waste Disposal Facilities. (a) Reserved areas for proposed new or the expansion of existing solid waste disposal facilities shall be identified in the Siting Element. Verification shall be made that the expanded or proposed facilities are located in areas where the land use is designated or authorized for solid waste disposal facilities and that the areas are consistent with the applicable city and county general plans. Verification of general plan consistency shall include a resolution, notarized statement, or affidavit from each applicable city and the county. Proposed areas that are consistent with the current city and county general plans shall be reserved pursuant to the requirements of Public Resources Code sections 41702 and 41720. (b) Proposed areas that are not situated in, coextensive with, or adjacent to an area authorized for land use as a solid waste disposal facility, within an applicable city and county general plan, may be "tentatively reserved" for future or expanded solid waste disposal facilities. Proposed areas that are inconsistent with applicable city and county general plans shall be tentatively reserved pursuant to the requirements of Public Resources Code sections 41710 through 41712. (c) Proposed areas included in the Siting Element may be identified as "tentatively reserved" in the initial filing of a Countywide and Regionwide Integrated Waste Management Plan, as determined by Public Resources Code section 41791. However, by the first five-year revision of the Countywide and Regionwide Integrated Waste Management Plan all areas identified to assure the minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article must meet the requirements of Public Resources Code section 41702. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41702, 41704, 41710-41712 and 41720, Public Resources Code. s 18756.5. Strategies for Disposing of Solid Waste in Excess of Capacity When New or Expanded Sites Are Not Available. (a) The Siting Element shall provide an analysis describing the reasons why there are not available locations for establishing new or expanding existing solid waste disposal facilities within each county or regional agency included in the Siting Element. This analysis shall include a determination of whether the inability to establish new or to expand existing solid waste disposal facilities is due to the lack of locations with the appropriate physical or environmental site characteristics or because of other considerations; and, (b) If new or expandable solid waste disposal facilities are not available, or are not sufficient to meet countywide or regionwide needs, each county and regional agency shall include strategies for disposing of solid waste. The discussion of strategies shall include, but is not limited to, the following: (1) A description of the types (residential, commercial, industrial, and special) and quantities in cubic yards and in tons of waste in excess of remaining volumetric capacity of existing solid waste disposal facilities; (2) A description of the diversion or export programs which will be implemented to safely handle and divert or dispose of excess solid waste. The description shall identify the existing solid waste disposal facilities, including those outside of the county or regional agency, that will be used to implement these strategies. The description shall document how the proposed programs shall provide the county or regional agency with sufficient disposal capacity to meet the required minimum of 15 years of combined permitted disposal capacity as described in CCR 18755(a) of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41703, Public Resources Code. s 18756.7. Siting Element Implementation. (a) The Siting Element shall include, but not be limited to, the following: (1) identification of local government agencies, Local Task Forces, regional agencies, organizations, and any others, responsible for implementing the countywide or regionwide solid waste disposal facility siting program; (2) implementation schedules addressing each task identified in Section 18755.1(d) for a minimum of 15 years beginning with the year in which the element is prepared; and, (3) identification of revenue sources sufficient to support the administration and maintenance of the countywide or regionwide solid waste disposal facility siting program. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41700, Public Resources Code. s 18757. General Requirements. (a) The Countywide Integrated Waste Management Plan (CIWMP) shall include the following: (1) for a county with no regional agency within its boundaries, the Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs), and Nondisposal Facility Elements (NDFEs) for the county and each city within the county, and the Siting Element and Summary Plan; (2) for a county composed of one or more regional agencies: (A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency; (B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these as regional documents; and (C) a countywide Siting Element and Summary Plan. (b) The Regional Agency Integrated Waste Management Plan (RAIWMP) shall include the following: (1) for a regional agency composed of two or more counties and all of the cities within those counties, either: (A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or (B) a SRRE, HHWE, and NDFE, Siting Element, and Summary Plan for the regional agency. (2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a SRRE, HHWE, and NDFE for the regional agency; (3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), a SRRE, HHWE, and NDFE for the regional agency, a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency. (c) The Summary Plan shall include the items identified in sections 18757.1 through 18758 of this article. (d) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management. (e) For the purposes of this article, "regionwide" shall be defined as including the member agencies of a regional agency. For the purposes of this article, "Regional Agency" shall be the governing entity created by a voluntary agreement between cities and counties to carry out the mandates of Public Resources Code section 41780. A city or county which is party to such an agreement shall be considered a "member agency" of the Regional Agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40977, 41750-41760 and 41821.2, Public Resources Code. s 18757.1. Goals and Objectives. The Local Task Force (LTF) shall develop goals, policies, and objectives to provide guidance to the county or regional agency in coordinating countywide and regionwide diversion programs, marketing strategies, and disposal strategies for the medium-term planning (1996-2000) period. Based upon this guidance, the Summary Plan shall include a statement on the goals, policies, and objectives established by the county or regional agency. (a) The goals shall be consistent with the mandates of Public Resources Code section 40051. The goals shall express plans for integrating strategies aimed towards reducing, diverting, marketing, and safely handling and disposing of all solid waste generated countywide or regionwide. (b) The Summary Plan shall identify policies within the Source Reduction and Recycling Elements and Household Hazardous Waste Elements that facilitate the reduction of solid waste for incorporated cities and the unincorporated area of the county or the regional agency. (c) The Summary Plan shall contain specific objectives for achievement of the goals stated in subdivision (a) of this section. These objectives shall allow for measurements of progress made toward achieving the goals by including an implementation schedule which identifies specific tasks and milestones necessary to achieve each objective. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41750 and 41751, Public Resources Code. s 18757.3. County and Regional Agency Profile and Plan Administration. The Summary Plan shall include: (a) A general countywide or regionwide description including, but not limited to, topography, major roadways, city boundaries, and climate. (b) A summary of important demographic data, including, but not limited to, population, ethnicity, average age and income of the citizens, housing, seasonal demographic fluctuations, and transportation patterns. (c) A description of the governmental solid waste management infrastructure, including all local jurisdiction waste management entities, solid waste management authorities or districts, and any other regional agencies responsible for countywide or regionwide waste handling and/or disposal. (d) An identification of the entity(ies) responsible for the following Plan-related functions: public information; budgeting; implementation of a solid waste management program; and, administration (such as maintenance, revision, and coordination of Plan-related documents). Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code. s 18757.5. Description of Current Solid Waste Management Practices. The Summary Plan shall describe the current or most recent countywide or regionwide solid waste management practices. (a) The Summary Plan shall contain a description of all factors affecting the current collection, removal, and disposal of solid wastes. This description shall include, but not be limited to: (1) service areas; (2) designation of territories served through franchises, permits, contracts, or governmental services; (3) quantity of waste collected in each jurisdiction of the CIWMP or RAIWMP area (tons and cubic yards per day/year); (4) a description of storage and transportation needs and existing and anticipated methods for handling the collected materials targeted for recycling. (5) final destination of collected wastes (e.g., landfill, transformation, exportation), by quantity (tons and cubic yards). (b) The Summary Plan shall identify all permitted solid waste facilities located countywide or regionwide. This description shall include, but not be limited to, the following information: (1) Facility name and location; and (2) A map showing existing permitted solid waste facilities countywide or regionwide. The map should be drawn to scale and the scale and legend included on the map sheet. The map may be a 7.5 or 15 minute USGS quadrangle. (c) The Summary Plan may include a description of waste diversion facilities located countywide or regionwide that are exempt or have received an exclusion from a solid waste facilities permit, to the extent practicable. For each facility this description should include: (1) the reason for exemption or exclusion; (2) the estimated amount and type of material recovered/processed; and, (3) the operator(s) and owner(s). (d) The Summary Plan shall include, for countywide or regionwide programs, a description of Recycling Market Development Zones, and applicable strategies for processing and/or marketing secondary materials, including forming regional secondary materials marketing associations and joining associations outside the jurisdictional boundaries. The description shall discuss the county's or regional agency's role in developing markets. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code. s 18757.7. Summary of Source Reduction and Recycling Elements, Household Hazardous Waste Elements and Nondisposal Facility Elements. The Summary Plan shall: (a) Summarize the types of programs planned in the Source Reduction and Recycling Elements by component from all the jurisdictions. This summary shall include, but is not limited to, the following: (1) a listing and description of the planned and current diversion programs; (2) a listing and identification of all planned contingency programs and measures; and (3) a listing of targeted materials and marketing strategies, by program. (b) Summarize the types of programs planned in the Household Hazardous Waste Elements from all jurisdictions. This summary shall include, but is not limited to, the following: (1) a listing and identification of all planned and contingency programs and measures; and (2) a listing of targeted materials and marketing strategies, by program. (c) List the types and numbers of facilities planned in the Nondisposal Facility Elements from all jurisdictions and identify which jurisdictions are served by or use the facility(ies). (d) Describe the coordination or consolidation of programs identified in subdivisions (a) and (b) of this section to include the following: (1) identification and description of programs that were coordinated or consolidated and those programs that may be coordinated or consolidated in the future into countrywide or regionwide programs; and (A) implementation schedules for the coordination or consolidation of individual jurisdiction's programs into countywide or regionwide programs. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code. s 18758. Countywide and Regional Agency Integrated Waste Management Plan Financing. The Summary Plan shall: (a) Provide cost estimations for the countywide or regionwide programs and facilities scheduled for implementation and use. (b) Summarize funding sources and allocation of revenues for all program and facility planning and implementation tasks identified in the Summary Plan. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41751, Public Resources Code. s 18760. Applicability. (a) The procedures for preparing Source Reduction and Recycling Elements (SRREs), Household Hazardous Waste Elements (HHWEs) and Nondisposal Facility Elements (NDFEs) apply to the counties, cities, joint power authorities, regional agencies, special districts, or other agencies which are designated by the cities or counties, and are responsible for preparing these Elements. (1) Cities, counties and cities which are also counties may enter into agreements to prepare and implement the SRREs, HHWEs and NDFEs which are specific to each jurisdiction. (2) A city, county or a city and county shall be held accountable for implementation of the specified goals and programs of its SRRE and HHWE. (b) For the purposes of this article, a jurisdiction is a city, county, city and county, or regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40002, 40950, 40971 through 40975, 41000, 41300, 41500, 41510, 41730, 41731, 41813, 41850 and 41823, Public Resources Code. s 18761. Local Task Force (LTF). (a) Establishment. Each county board of supervisors, and a majority of the cities within the county which contain a majority of the population in the county, shall submit written documentation to the Board approving the membership of their LTF, within 30 days after establishment of the LTF. (1) The documentation submitted to the Board shall denote the identity of the members in the LTF, and whether the members represent the governmental or the private sectors, or other entities or groups. The documentation shall define the terms of membership for each member. (2) The terms of membership shall be determined by the county board of supervisors and a majority of the cities within the county which contain a majority of the population in the county. (3) After its establishment, each LTF shall inform the Board of how frequently it intends to meet. (b) Role of the LTF. The LTF shall advise jurisdictions responsible for the SRRE, HHWE and NDFE preparation, and review goals, policies, and procedures for jurisdictions, which, upon implementation, will aid in meeting the solid waste management needs of the county, as well as the mandated source reduction and recycling requirements of Public Resources Code section 41780. (1) The LTF shall assist and advise in the review of the SRRE, HHWE, and NDFE, and shall assist jurisdictions in the implementation of the SRRE, HHWE, and NDFE. (2) The LTF shall provide technical guidance and information regarding source reduction, waste diversion, and recycling to local jurisdictions during preparation and revision of the SRRE, HHWE and NDFE. Such information may be presented to the general public at public hearings and upon request by members of local government and community organizations. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41000, 41300, 41500, 41510, 41730 and 41731, Public Resources Code. s 18762. SRRE, HHWE, and NDFE Preparation. (a) A jurisdiction shall prepare the SRRE, HHWE, and NDFE pursuant to Articles 6.1, 6.2, 6.3, and 6.4 of this Chapter, as applicable. (1) Except as provided by Public Resources Code section 41735(a), a jurisdiction shall comply with the California Environmental Quality Act (CEQA) pursuant to Public Resources Code sections 21000 et seq. (b) A jurisdiction shall submit written documentation to the Board of its designation of an agency responsible for preparation of the SRRE, HHWE and NDFE within 30 days of said designation. (c) A jurisdiction, in coordination with the LTF, shall prepare and adopt the SRRE, HHWE, and NDFE, by the dates specified in Public Resources Code sections 41000, 41300 and 41791, as applicable. (d) For the purposes of this article, after a jurisdiction prepares and adopts its NDFE, the NDFE shall be appended to the SRRE by the jurisdiction at the time the SRRE is submitted to the Board. At the time of the five year revision of the SRRE, the NDFE may be incorporated into the SRRE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40900, 40950, 41000, 41003, 41300, 41303, 41500, 41510, 41730, 41731, 41732, 41733, 41734, 41735, 41736, 41750, 41780 and 41791, Public Resources Code. s 18763. Circulation of the Preliminary Draft SRRE and HHWE for Review. (a) A jurisdiction shall prepare a preliminary draft of its SRRE and HHWE. (b) If the jurisdiction is a city, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the county or regional agency responsible for the Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste Management Plan (RAIWMP) preparation, and the LTF. (c) If the jurisdiction is a county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF. (d) If the jurisdiction is a regional agency then the following applies: (1) If the regional agency is composed of a single county but does not include all of the cities within the county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, the agency in the county responsible for the CIWMP preparation, and to the LTF. (2) If the regional agency is composed of a single county and all of the cities within that county, the preliminary draft SRRE and HHWE shall be sent to adjoining cities and the LTF. (3) If the regional agency is composed of two or more counties and all of the cities within the counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, and the LTF of each affected county. (4) If the regional agency is composed of two or more counties but does not include all of the cities within those counties, the preliminary draft SRRE and HHWE shall be sent to adjoining cities, each of the county agencies responsible for the CIWMP, and the LTF of each affected county. Each jurisdiction shall also submit three copies of the draft SRRE and HHWE to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 41000, 41300, 41500, 41510, 41750.1 and 41790, Public Resources Code. s 18764. Review of the Preliminary Draft SRRE and HHWE. (a) Review Period. In accordance with Government Code section 15376, the review period shall be a minimum of 30 days, commencing upon the date of receipt of the Preliminary Draft SRRE and HHWE by a reviewing agency. The median time for review shall be 38 days. The maximum time for review shall be 45 days. (1) Review by LTF. In reviewing the preliminary draft SRRE and HHWE, the LTF shall consider the issues of regional concern pursuant to Public Resources Code section 40950(c) to aid in ensuring that they are addressed. Copies of written comments made by the LTF on the preliminary draft SRRE and HHWE shall be sent simultaneously to the Board and to the jurisdiction that prepared the preliminary draft SRRE and HHWE. (2) Review by Other Reviewing Agencies. The county, adjacent cities, any association of regional governments, and the Board shall review the preliminary draft SRRE and HHWE and send written comments to the jurisdiction that prepared the preliminary draft SRRE and HHWE. A copy of the Board's written comments shall be sent simultaneously to the LTF. Note: Authority cited: Section 40502, Public Resources Code; Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41500, 41510 and 41790, Public Resources Code. s 18765. Review of the Final Draft SRRE, HHWE and NDFE. (a) Thirty (30) days prior to the public hearing for the adoption of the SRRE and HHWE, the jurisdiction shall send a copy of the final draft of its SRRE and HHWE to the LTF(s) of the affected counties for review. Within 15 days of receipt of the final draft of the SRRE and HHWE, the LTF shall provide written comments to the jurisdiction and the Board regarding the final draft. (b) Ninety (90) days prior to the public hearing for the adoption of the NDFE, the jurisdiction shall send a copy of the final draft NDFE to the LTF for review. Within 90 days of receipt of the final draft NDFE, the LTF shall provide written comments to the city or county and the Board regarding the final draft. (c) If deficiencies are indicated in the LTF's comments, the LTF shall meet with the jurisdiction to resolve them. If no resolution between the jurisdiction and the LTF can be achieved, the LTF shall send a letter to the jurisdiction and the Board indicating the remaining deficiencies of the SRRE, HHWE and NDFE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41734, Public Resources Code. s 18766. Public Participation; Notice; Local Adoption of SRRE, HHWE and NDFE. (a) The general public, affected governmental entities, and private industries shall be given an opportunity to participate in the planning process and implementation of the SRRE, HHWE, and NDFE through attendance at informative meetings and public hearings. (1) Pursuant to Public Resources Code section 41793, at least one public hearing shall be held to receive testimony regarding the Preliminary Draft of the SRRE and HHWE before a jurisdiction adopts its SRRE and HHWE. (A) To inform the public of the hearing, the jurisdiction shall publish a notice in a local newspaper of general circulation at least 30 days in advance of the scheduled public hearing on the SRRE and HHWE. (2) Jurisdictions may form advisory committees which may review and comment on draft elements, and provide technical guidance and support during the development of the SRRE, HHWE, and NDFE. (b) In addition to the hearing or hearings held pursuant to (a)(1) of this section, the governing body of the jurisdiction, shall conduct a public hearing for the purpose of adopting the SRRE, HHWE, and NDFE. After considering all comments of the members of the governing body and the public, the jurisdiction shall, by resolution, adopt the SRRE, HHWE and NDFE. (1) To inform the public of the hearing, the jurisdiction shall publish a notice in a newspaper of general circulation at least three (3) days in advance of the scheduled public hearing on the final draft SRRE, HHWE, and NDFE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40971, 41000, 41300, 41500, 41510, 41730, 41731 and 41793, Public Resources Code. s 18766.5. Revision of the SRRE prior to Board Approval. Note: Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 40950, 41000, 41300, 41781.2, 41790 and 41793, Public Resources Code. s 18767. Submittal of City or Regional Agency SRRE, HHWE, and NDFE to the County and County NDFE to the Cities. (a) A city, or regional agency which is composed of some cities within a single county, shall transmit one (1) copy of its SRRE and one (1) copy of its HHWE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP. (1) A signed resolution and documentation that the jurisdiction has complied with CEQA (Public Resources Code sections 21000 et seq.) shall accompany the SRRE and HHWE that are submitted to the county. (b) A city, unless it is a city and county, or regional agency which is composed of some cities within a single county shall transmit a copy of its NDFE to the county in which it is located within 30 days of its adoption by the city or regional agency for incorporation into the CIWMP. This submittal shall occur no later than the applicable submittal dates in PRC section 41791.5. (c) A county, unless it is a city and county, shall transmit a copy of its NDFE to the cities which are located within the county within 30 days of adoption of the NDFE by the county. This submittal shall occur no later than the applicable submittal dates specified in PRC 41791.5. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40971, 41000, 41300, 41500, 41510, 41791, 41730, 41731, 41750.1 and 41793, Public Resources Code. s 18768. Submittal of the SRRE, HHWE, and NDFE to the Board. (a) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its SRRE. (1) When submitting the SRRE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the SRRE, a copy of the resolution(s) adopting the SRRE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.). (b) A jurisdiction shall, according to the schedule set forth in PRC section 41791.5, submit to the Board three (3) copies of its NDFE. (1) When submitting the NDFE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearing(s) on the NDFE, a copy of the resolution(s) adopting the NDFE, and comments on the final draft from the LTF. (c) A jurisdiction shall submit its HHWE with the CIWMP or the RAIWMP according to the schedule set forth in PRC section 41791. Any city, or regional agency which is composed of some cities within a single county, may separately submit its HHWE to the Board for approval. (1) When submitting the HHWE to the Board, the jurisdiction shall include a copy of the public notice(s) for the public hearings on the HHWE, a copy of the resolution(s) adopting its HHWE, comments on the final draft from the LTF, and a copy of the Notice of Determination which has been filed with the State's Clearinghouse in the Office of Planning and Research as verification of compliance with the CEQA (Public Resources Code sections 21000 et seq.). (d) The Board's 120 day review period for consideration of approval of a SRRE, HHWE, or NDFE will commence upon determination by the Board that three (3) copies of a SRRE, HHWE, or NDFE and the accompanying documents required by (a), (b) and (c) of this section have been submitted by the jurisdiction. (1) Within 30 days of receipt of a SRRE, HHWE, or NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in (a), (b), and (c) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days of notification. Note: Authority cited: Section 40502, Public Resources Code; and Section 15376, Government Code. Reference: Sections 21083, 40971, 41750, 41791, 41791.5, 41794, 41800 and 41802, Public Resources Code. s 18769. Board Approval of SRREs, HHWEs, and NDFEs. (a) The Board shall approve, conditionally approve, or disapprove the SRRE, HHWE, and NDFE at a public hearing. After receiving testimony from the jurisdiction, the public and the LTF, the Board shall either adopt and prepare written findings approving the SRRE, HHWE, and NDFE or issue a Notice identifying deficiencies in the SRRE, HHWE, and NDFE or amendments to the NDFE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41800, 41801, 41802 and 41810 through 41813, Public Resources Code. s 18770. Amendment or Revision, and Resubmittal of the Amended or Revised SRRE, HHWE, and NDFE. (a) If a jurisdiction revises or amends its SRRE, HHWE, or NDFE, the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the requirements of sections 18765 through 18768 of this article. (b) A jurisdiction shall resubmit a revised or amended version of its SRRE, HHWE, or NDFE to the Board either voluntarily according to PRC section 41770.5 or within 120 days of receipt of a notice identifying the element's deficiencies. (c) The Board's 60 day review period for consideration of approval of amendments to the NDFE prior to the five year revision of the SRRE will commence upon determination by the Board that three (3) copies of the amendments to the NDFE and the accompanying documents required by section 18768(b) have been submitted by the jurisdiction. (1) Within 30 days of receipt of the amendments to the NDFE for approval, the Board shall indicate to the jurisdiction whether all requirements included in section 18768(b) have been fulfilled. If the Board notifies the jurisdiction that the required documents have not been submitted, the jurisdiction shall submit the remaining required document(s) within 30 days. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 21083, 40950, 41000, 41300, 41770, 41770.5, 41780, 41781.2, 41790, 41793, 41800, 41801, 41802, 41810-41813 and 41822, Public Resources Code. s 18770.5. Board Approval of Revised or Amended SRREs, HHWEs, and NDFEs. (a) If a jurisdiction is required to amend or revise its SRRE, HHWE, or NDFE due to the disapproval of the document, the Board shall approve, conditionally approve, or disapprove the element or amendment, pursuant to Public Resources Code sections 41812 and 41813, within 120 days of receipt of resubmitted elements or within 60 days of the receipt of NDFE amendments. (b) The Board shall approve, conditionally approve, or disapprove revised or amended SRREs, HHWEs, and NDFEs at a public hearing. After considering public testimony and input from the LTF, the Board shall either adopt a resolution approving revised or amended SRREs, HHWEs, and NDFEs, or issue a notice identifying deficiencies in the SRREs, HHWEs, and NDFEs. Board approval shall be based on an evaluation of the jurisdiction's implementation of the hierarchy for waste management practices as described in Public Resources Code section 40051 of the California Integrated Waste Management Act of 1989. (1) If revised or amended SRREs, HHWEs, and NDFEs are disapproved or conditionally approved, the Board shall send a notice identifying deficiencies within thirty (30) days of making its findings. (2) Conditional approval or disapproval of a SRRE or HHWE, which has been revised per Section 18772 of this article, shall require the jurisdiction to reinstitute the process for preparation and approval of the SRREs and HHWEs, beginning in sections 18762 through 18768. (3) If revised or amended SRREs, HHWEs, and NDFEs are approved, the Board shall send a copy of the resolution of approval to the jurisdiction within thirty (30) days of making its finding. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code. s 18771. Annual Report: Review and Revision of City, Regional Agency or County SRREs. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40950, 41000, 41300, 41780, 41790 and 41821, Public Resources Code. s 18772. Board's Biennial Review of the City, Regional Agency, or County SRRE and HHWE. (a) In addition to local jurisdiction review of city, regional agency, and county SRREs and HHWEs, at least once every two years, the Board shall conduct an independent review of SRREs and HHWEs. This biennial review will enable the Board to assess each jurisdiction's progress towards meeting the mandated diversion requirements. The Board shall determine if the SRRE and HHWE programs are being implemented, and if jurisdictions are meeting the goals of their SRRE and HHWE. (b) If the Board finds that a jurisdiction is failing to implement its SRRE and HHWE, and is not making progress towards meeting the requirements of Public Resources Code sections 41000, 41300, 41500, 41510 or 41780, as applicable, after a public hearing on the matter, the Board shall issue a compliance order for achieving those requirements. (1) The compliance order shall identify the programs goals of the SRRE and HHWE which are not being implemented or attained by the jurisdiction, or identify areas of the SRRE and HHWE which require revision. The Board shall also set a date by which the jurisdiction shall meet the mandated requirements. (2) The Board shall issue the compliance order within 30 days of making its finding of noncompliance. (c) If a jurisdiction fails to bring its SRRE and HHWE into compliance by the date specified by the Board, the Board shall enforce the compliance order pursuant to Public Resources Code section 41850. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41000, 41300, 41500, 41510, 41780, 41825 and 41850, Public Resources Code. s 18773. Board Approval of Revised SRRE and HHWE. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 41780, 41800, 41802, 41810 through 41813 and 41822, Public Resources Code. s 18774. One-Year Time Extension for Meeting Diversion Requirements. (a) Commencing in 1995, the Board may grant a one-year time extension for meeting the state mandated requirements identified in Public Resources Code section 41780. (1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41820. (2) Within 45 days of receipt of this request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41820 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41820, Public Resources Code. s 18774.5. Two-Year Time Extension for Meeting Diversion Requirements. (a) Commencing in 1995, the Board may grant a two-year time extension to a rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, for meeting the state mandated diversion requirements in Public Resources Code section 41780. (1) A jurisdiction requesting an extension shall demonstrate, in writing, that it meets the requirements for an extension pursuant to Public Resources Code section 41787.4. (2) Within 45 days of receipt of a complete request, the Board shall review the adequacy of the application, and determine if the requirements of Public Resources Code section 41787.4 are met. Based upon this determination, the Board shall adopt written findings approving or disapproving the jurisdiction's request. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 41780 and 41787.4, Public Resources Code. s 18775. Reduction in Diversion and Planning Requirements. (a) A rural jurisdiction, as defined in Public Resources Code sections 40183 and 40184, may petition the Board, at a public hearing, to reduce the planning requirements and diversion requirements specified in Public Resources Code section 41780. To petition for a reduction, the jurisdiction shall present verification to the Board which indicates that achievement of the requirements is not feasible. To qualify to petition for a reduction in the diversion and planning requirements, a jurisdiction must meet the following: (1) For a rural city, have a geographic area of less than 3 square miles or a population density of less than 1500 people per square mile and a waste disposal rate of less than 100 cubic yards per day or 60 tons per day. (2) For the unincorporated area of a rural county, the county's population shall be 200,000 or less. (3) For a rural regional agency, consist of rural cities and counties, not to exceed more than two rural counties, unless authorized by the Board. (4) Be located in a rural area. "Rural area" means those counties and cities located in agricultural or mountainous areas of the state and located outside the Department of Finance's Primary Metropolitan Statistical Areas. (b) Based on information presented at the hearing, the Board may establish reduced diversion requirements, and alternative, but less comprehensive, planning requirements. A petitioner may identify those specific planning requirements from which it wants to be relieved and provide justification for the reduction. Examples of reduced planning requirements could include, but would not be limited to, reduced requirements for solid waste generation studies, and reduced requirements and consolidation of specific component requirements. These reduced planning requirements, if granted, must ensure compliance with Public Resources Code section 41782. (c) Rural jurisdictions requesting a reduction in the diversion and planning requirements must include the following information in the reduction petition: (1) A general description of the existing disposal and diversion systems, including documentation of the types and quantities of waste disposed and diverted. Documentation sources may include, but are not limited to, the following: (A) Solid Waste Generation or Characterization Studies; (B) Diversion data from public and private recycling operations; (C) Current year waste loading information from permitted solid waste facilities used by the jurisdiction; (2) Identification of the specific reductions being requested (i.e., diversion or planning requirements or both); (3) Documentation of why attainment of mandated diversion and planning requirements is not feasible. Examples of documentation could include, but are not limited to: (A) Evidence from the documentation sources specified in paragraph (c)(1) of this section; (B) Verification of existing solid waste budget revenues and expenses from the duly authorized designated representative of the jurisdiction; (4) The planning or diversion requirements that the jurisdiction feels are achievable, and why. (5) Documentation verifying that the rural city or county has implemented those programs identified in Public Resources Code section 41787(a)(3). (6) Documentation verifying that the rural regional agency has implemented those regionwide programs identified in Public Resources Code section 41787.1(c)(2). Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40183, 40184, 40973, 41787, 41787.1, 41787.2 and 41802, Public Resources Code. s 18775.2. Sludge Diversion. (a) Jurisdictions that wish to claim diversion of the waste type "sludge" shall submit a written request to the Board pursuant to PRC 41781.1. Within 45 days of receipt of a jurisdiction's request, the Board shall notify the jurisdiction in writing whether sufficient information has been included in the request to enable the Board to make findings pursuant to PRC Section 41781.1. Requests that are found by the Board to be incomplete, pursuant to the criterion set forth in this section, shall be returned to the jurisdiction to correct any inadequacy. The Board shall make the findings required by PRC Section 41781.1 at a public hearing no later than 180 days after receipt of a complete request for sludge diversion credit. (1) A request for allowing sludge diversion shall include the following information: (A) Description of the selected diversion alternative(s); (B) Projected annual quantity of sludge waste to be diverted through the year 2000; (C) Documentation that waste type "sludge" has been categorized, quantified, and documented in the applicable "solid waste generation study" as defined in section 18722 of this chapter; (D) Written certification from the agent(s) responsible for implementing the sludge diversion alternative that the intended sludge reuse meets all applicable requirements of state and federal law. Information upon which the above certification is based shall be made available to the Board upon request. (E) Description of monitoring program(s) that are in place or which will be established to insure that the sludge diversion alternative will not pose a threat to public health or the environment. (F) If the sludge diversion alternative receives a permit or is identified under an existing permit, waste discharge requirements, or has other conditions imposed by one or more of the agencies specified in PRC Section 41787.1, include the name of the agency(s) and identify the agency identification code or number for the permit, waste discharge requirements, or other imposed conditions. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41781.1, Public Resources Code. s 18775.4. Use of Excluded Waste Types for Baseline Diversion Credit. (a) To establish baseline diversion, jurisdictions which have included alternatives for the diversion of agricultural wastes, inert solids, or scrap metals as defined in PRC section 41781.2(b), or white goods as defined in Article 3 of this Chapter, shall follow the requirements specified in PRC section 41781.2. Within 60 days of receipt of a jurisdiction's SRRE for final review, the Board shall notify the jurisdiction in writing if there is insufficient information to determine that the criteria specified in PRC section 41781.2 have been met. This notification shall be based on the criteria specified in PRC section 41801.5(b). (b) If the Board disapproves an element for which a jurisdiction has received a notification of excluded wastes pursuant to PRC section 41801.5(b), the jurisdiction may, concurrent with the procedures specified in section 18770 of this article, submit additional information to the Board which substantiates that the criteria specified in PRC section 41781.2 have been met. Within 60 days of receipt of the additional information, the Board shall determine whether diversion of all or a portion of the excluded waste will be allowed for the purposes of compliance with the diversion requirements of PRC section 41780. (c) Based on the Board's determination in subsection (b), the jurisdiction shall update or revise, if necessary, its SRRE to correct any inadequacy and shall resubmit it to the Board within 120 days of the Board's determination. If a jurisdiction is unable to resubmit its updated or revised SRRE within 120 days, the Board may, on a case-by-case basis, extend the deadline for resubmittal. Upon receipt of a resubmitted element, the Board shall follow the procedures specified in section 18770 of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41781.2, 41801.5 and 41811.5, Public Resources Code. s 18776. Procedures for the Preparation and Submittal of the Siting Element and Summary Plan. (a) Except as provided in subsection (b)(3)(B) of this section, each county shall prepare and adopt a Siting Element and a Summary Plan which shall be part of the Countywide Integrated Waste Management Plan (CIWMP), pursuant to Public Resources Code sections 41700 through 41826. (b) Where a regional agency has been formed, the following requirements shall apply: (1) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county and does include the unincorporated area of the county, shall prepare and submit to the Board a Siting Element and a Summary Plan which shall be part of the CIWMP. (2) Each regional agency composed of member agencies that do not extend beyond the boundaries of a single county, but does not include the unincorporated area of the county, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan. (3) Each regional agency composed of two or more counties and all cities within those counties, shall prepare and submit to the Board one of the following as part of the Regional Agency Integrated Waste Management Plan (RAIWMP): (A) a countywide Siting Element and Summary Plan for each county within the regional agency; or (B) a regionwide Siting Element and Summary Plan for the regional agency. (4) Each regional agency composed of more than one county, but which does not include all of the cities within those counties, shall be included in the documents prepared pursuant to subsection (a) of this section for the preparation and submittal of the Siting Element and Summary Plan for each county of the regional agency. (5) Each regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), shall prepare and submit to the Board a Siting Element and Summary Plan as part of the RAIWMP for each county that is wholly encompassed in the regional agency. (c) Each county and regional agency shall designate the agency responsible for preparing its Siting Element and Summary Plan; and shall notify the Board, in writing, within 30 days of the effective date of this article or the formation of a regional agency. Each county and regional agency shall notify the Board, in writing, of any change in the designation of a responsible agency within 30 days of the change. (d) For the purposes of this article, "countywide" shall be defined as including the incorporated cities within the county and the unincorporated areas of the county. For purposes of this article, "county" shall include the Board of Supervisors as the legislative and executive body of county government, and any designated agency responsible for solid waste management. (e) For the purposes of this article, "regionwide" shall be defined as including the member agencies of a regional agency. For the purposes of this article, "regional agency" shall be the governing entity created by a voluntary agreement between cities and/or counties to carry out the mandates of Public Resources Code section 41780. A city or county which is a party to such an agreement shall be considered a "member agency" of the regional agency. A regional agency may authorize one district, as defined in subdivision (a) of Section 41821.2 of the Public Resources Code, to be included as a member of the regional agency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40970 - 40975, 40977, 41700, 41701, 41702, 41703, 41704, 41750, 41750.1, 41751, 41791 and 41821.2, Public Resources Code. s 18777. Role of the Lock Task Force. (a) The role of the Local Task Force (LTF) shall be to assist and advise the agency(ies) responsible for preparation of the Siting Element and the Summary Plan. The LTF shall guide the preparation and review of these documents prior to their circulation to reviewing agencies and to the Board, to aid in ensuring that the county or regional agency adequately plans for meeting future solid waste handling and disposal needs. (b) Within 30 days of its establishment, the LTF shall determine and verify the remaining permitted combined disposal capacity of existing solid waste disposal facilities in the county or regional agency. (c) If the county and the cities within the county determine that the representation of the current LTF is not adequately addressing the needs of the county, cities, or public, a new LTF may be established. The new LTF membership shall be approved as described in Public Resources Code Section 40950. Within 30 days of the establishment of the new LTF, a membership roster containing the names, phone numbers, and member representation shall be sent to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40001, 40950, 41751 and 41791, Public Resources Code. s 18778. Public Participation in the Preparation of the Preliminary Draft Siting Element and Summary Plan. (a) The general public, affected governmental entities, and private industries shall be given an opportunity to comment on the development and implementation of the preliminary Siting Element and Summary Plan at informative meetings and public hearings. (1) The agency(ies) responsible for preparing the preliminary Siting Element and Summary Plan shall hold at least one public meeting to receive public comment on these preliminary draft documents. Notice of the public meeting shall be provided pursuant to section 18782 of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900 and 41793, Public Resources Code. s 18779. Procedures for the Preparation and Review of the Preliminary Draft Siting Element and Summary Plan. (a) Preparation of the Preliminary Draft Siting Element and Summary Plan. Each county and regional agency shall prepare a preliminary draft of its Siting Element and Summary Plan. The agency(ies) responsible for preparation of the preliminary draft(s) shall consider LTF recommendations and public input during the development and revision phases. The preliminary draft(s) shall be sent to the LTF, incorporated cities within the county, member agencies within the regional agency, and the Board. (b) Review by LTF. The preliminary draft Siting Element and Summary Plan shall be reviewed by the LTF. Within 45 days of receipt of each preliminary draft, the LTF shall send written comments to the Board and to the agency preparing each preliminary draft document. (c) Review by Incorporated Cities. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each incorporated city within the county and regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document. (d) Review by Member Agencies. Within 45 days of receipt of the preliminary draft Siting Element and Summary Plan, each member agency within the regional agency, shall review each preliminary draft and send written comments to the agency responsible for preparing each preliminary draft document. (e) Review by the Board. Three hardcopies of the the preliminary draft Siting Element and Summary Plan or two hardcopies and two magnetically coded disks in a Board approved format shall be submitted to the Board. Within 45 days of receipt of the required copies of the the preliminary draft Siting Element and Summary Plan, the Board shall send written comments on the adequacy of each preliminary draft to meet the requirements of the Integrated Waste Management Act of 1989, as amended, to the agency responsible for preparing each draft document. A copy of the Board's preliminary draft Siting Element and Summary Plan comments shall be simultaneously sent to the LTF. (f) Other Agencies. A copy of the the preliminary draft Siting Element and Summary Plan shall be submitted to all associations of governments and to any Local Enforcement Agency located within the boundaries of the county or regional agency. Within 45 days of receipt of the the preliminary draft Siting Element and Summary Plan, each of those agencies receiving a copy may send written comments to the agency responsible for preparing the preliminary draft document. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750, 41751 and 41791, Public Resources Code. s 18780. Procedures for the Preparation of the Final Draft Siting Element and Summary Plan. No later than 105 days after the close of the 45 day review period for the preliminary draft Siting Element and Summary Plan, the agency responsible for preparing each draft document shall respond in writing to each comment received on each preliminary draft, and prepare the final draft Siting Element and Summary Plan. (a) A copy of the final draft countywide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to the LTF, each incorporated city in the county, each Local Enforcement Agency (LEA) in the county, applicable associations of governments, and any regional agencies in the county. (b) A copy of the final draft regionwide Siting Element and Summary Plan, including a copy of the written responses to comments received, shall be sent to each member agency of the regional agency formed pursuant to section 18776(b)(3) of this chapter, each LTF and LEA in the regional agency, and applicable associations of governments. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40900, 40950, 41700, 41701, 41703, 41704, 41710, 41750 and 41751, Public Resources Code. s 18781. Local Task Force Review Process. (a) Within 45 days of receipt of the final draft Siting Element and Summary Plan, the LTF shall provide written comments to the following: (1) the county or regional agency responsible for the preparation of the final draft Siting Element and Summary Plan; (2) each incorporated city within the county or each member agency within the regional agency; (3) each regional agency within the county; and (4) the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950 and 41751, Public Resources Code. s 18782. Notice Requirements for Public Hearings. (a) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan as specified in CCR section 18778 of this article, the county shall publish a notice of the public hearing in a local newspaper of general circulation. (b) At least 30 days in advance of the scheduled public hearing for the purposes of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each incorporated city within the county and the county or designee shall publish a notice of the public hearing in a local newspaper of general circulation. (c) At least 30 days in advance of the scheduled public hearing to take comments on the preliminary draft Siting Element and Summary Plan, as specified in CCR section 18778 of this article, the regional agency formed pursuant to section 18776(b)(3) of this article shall publish a notice of the public hearing in a local newspaper of general circulation. (d) At least 30 days in advance of the scheduled public hearing for the purpose of adopting the final draft Siting Element and Summary Plan, as specified in CCR section 18783 of this article, each member agency within the regional agency and the regional agency shall publish a notice of the public hearing in a local newspaper of general circulation. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41793, Public Resources Code. s 18783. Local Adoption of the Final Draft Siting Element and Summary Plan, and the Countywide and Regional Agency Integrated Waste Management Plans. (a) Local adoption of the CIWMP will occur when the final draft Siting Element and Summary Plan are adopted by the county and the cities within the county as described in Public Resources Code section 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with the California Environmental Quality Act (CEQA), pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in the county, and the county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. Failure by a city to take action on the Siting Element or Summary Plan shall be deemed an approval of the Siting Plan or Summary Plan by that city. (2) If the final draft Siting Element and Summary Plan are not approved by the county and the cities within the county, pursuant to PRC sections 41721 and 41760, then the county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760. (b) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(A) and (5) of this article will occur when the final draft Siting Element and Summary Plan from each county that makes up the regional agency have been adopted by the county and cities within the county. These revised documents shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in the county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and each city within the county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. (2) If the final draft Siting Element and Summary Plan are not approved by each county and the cities within each county as described in Public Resources Code sections 41721 and 41760, then the county responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. (c) Local adoption of the RAIWMP for a regional agency preparing documents pursuant to section 18776(b)(3)(B) of this article will occur when the final draft Siting Element and Summary Plan have been approved by the regional agency and by a majority of the member agencies within the regional agency except in those regional agencies which have only two member agencies, in which case the Siting Element and Summary Plan are subject to approval of the member agency which contains a majority of the population of the member agencies of the county. Each member agency shall act upon the Siting Element and the Summary Plan within 90 days after receipt of the documents. If a member agency fails to act upon the Siting Element and Summary Plan within 90 days after receipt of the element and plan, the member agency shall be deemed to have approved the Siting Element and Summary Plan as submitted. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq. (1) Each member agency, and the regional agency, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, the regional agency and each member agency within the regional agency shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. (2) If the final draft Siting Element and Summary Plan are not approved as provided in subsection (c) of this section, then the regional agency responsible for preparing the final draft Siting Element and Summary Plan shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These revised documents shall be approved as described in subsection (c) above. (d) Local approval of the RAIWMP for a regional agency formed pursuant to section 18776(b)(4) of this article will occur when the final draft Siting Element and Summary Plan for each county where the regional agency exists have been adopted by the cities and each county. The final draft Siting Element and Summary Plan shall be approved as described in Public Resources Code sections 41721 and 41760. A final draft Siting Element and Summary Plan submitted for local adoption shall be accompanied by environmental documentation verifying compliance with CEQA, pursuant to Public Resources Code sections 21000 et seq. (1) Each incorporated city in each county, and each county, shall conduct a public hearing for the purpose of adopting the final draft Siting Element and Summary Plan. After considering all public comments, each county and city within each county shall, by resolution, either approve or disapprove the final draft Siting Element and Summary Plan. (2) If the final draft Siting Element and Summary Plan are not approved by each county and cities within each county, then each county shall revise the deficient areas within 90 days of the close of the local jurisdiction review period specified in PRC section 41721 of this article and recirculate them for local approval, pursuant to sections 18780 through 18785 of this article. These documents shall be approved as described in Public Resources Code section 41721 and 41760. These revised documents shall be approved as described in this subsection (d) above. (e) If a jurisdiction or member agency disapproves the Siting Element or the Summary Plan, the jurisdiction or member agency shall give written notification to the LTF, the County Board of Supervisors and the Board of the deficient areas in the Siting Element or the Summary Plan within 30 days of disapproval. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40950, 40971, 41000, 41720, 41721, 41751 and 41760, Public Resources Code. s 18784. Submittal of Countywide and Regional Agency Integrated Waste Management Plan to the Board for Approval. (a) Within 30 days of the local adoption of the CIWMP, as provided in section 18783 of this article, the county shall submit, unless any of these documents have been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board: (1) for a county with no regional agency within its boundaries, a CIWMP consisting of the Source Reduction and Recycling Elements (SRRE's), Household Hazardous Waste Elements (HHWE's), and Nondisposal Facility Elements (NDFE's) for the county and each city within the county, and the Siting Element and Summary Plan. (2) for a county which contains one or more regional agencies the CIWMP shall include: (A) a SRRE, HHWE, and NDFE for each city that is not a member agency of the regional agency and for the county if it is not a member agency of the regional agency; (B) a SRRE, HHWE, and NDFE for each city that is a member agency of the regional agency and for the county if it is a member agency of the regional agency, or the SRRE, HHWE, and NDFE for the regional agency, if the regional agency has elected to prepare one or more of these documents as a regional agency; (C) a countywide Siting Element and Summary Plan. (3) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975; (4) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and NDFE, and approving or disapproving the Siting Element and Summary Plan; (5) a copy of the public notices for each jurisdiction's public hearings on the SRRE, HHWE, NDFE, Siting Element and Summary Plan; (6) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research; (7) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 41760 of the Public Resources Code. (b) Within 30 days of the local adoption of the RAIWMP, as provided in section 18783 of this article, the regional agency shall submit, unless these documents have already been submitted pursuant to the requirements of this chapter, three hardcopies, or two hardcopies and two magnetically coded disks in a format approved by Board staff, of the following to the Board: (1) for a regional agency composed of two or more counties and all of the cities within those counties, the RAIWMP shall include either: (A) a SRRE, HHWE, and NDFE for each city and county which are member agencies of the regional agency and the Siting Element and Summary Plan for each county; or (B) a SRRE, HHWE, NDFE, Siting Element, and Summary Plan for the regional agency. (2) for a regional agency composed of more than one county, but which does not encompass all of the cities within those counties, a RAIWMP consisting of a SRRE and HHWE, and a NDFE for the regional agency; (3) for a regional agency composed of more than one county, and which includes all of the cities and the unincorporated area within at least one of those counties, but not all of the cities within the other county(ies), the RAIWMP shall include a SRRE and HHWE for the regional agency, a NDFE for each city and the county that is a member agency of the regional agency, and a Siting Element and Summary Plan for each county that is wholly encompassed by the regional agency. (4) a copy of the agreement forming a regional agency pursuant to Public Resources Code section 40975; (5) a copy of each jurisdiction's resolution adopting its SRRE, HHWE, and approving or disapproving the Siting Element and Summary Plan; (6) a copy of the public notices for each jurisdiction's public hearing on the applicable preliminary draft and final draft SRRE, HHWE, and Siting Element and Summary Plan; (7) a copy of the Notice of Determination, for the project's CEQA document(s), which has been filed with the State Clearinghouse in the Office of Planning and Research; (8) a tabulation showing that the Siting Element and Summary Plan were approved by the county and the cities within the county in accordance with sections 41721 and 47160 of the Public Resources Code or by each member agency of a regional agency in accordance with section 18783(c) of this article. (c) The Board's 120 day review period for consideration of approval of the Siting Element and the Summary Plan will commence upon determination by the Board that the accompanying documents required in section 18784 of this article have been submitted and are included or referenced by the submitting jurisdiction. (1) Within 30 days of receipt of the Siting Element and the Summary Plan submitted for approval, the Board shall indicate to the submitting jurisdiction whether all requirements in section 18784 of this article have been fulfilled. If the jurisdiction is notified that the required documents have not been submitted, the jurisdiction shall submit the remaining document(s) within 30 days of notification. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40975, 41720, 41721, 41760, 41790, 41791 and 41793, Public Resources Code. s 18785. Board Approval of Countywide and Regional Agency Integrated Waste Management Plan. (a) Following submittal of a locally adopted CIWMP or RAIWMP to the Board, the Board shall have at least 90 days, but not more than 120 days, with a median of 105 days, to review and act upon the CIWMP or RAIWMP. The Board, at a public hearing, shall determine whether the CIWMP or RAIWMP meets the requirements of the California Integrated Waste Management Act of 1989 as amended. After considering public testimony, input from the LTF, and written comments, the Board shall approve, conditionally approve, or disapprove the CIWMP or RAIWMP. The Board shall either adopt a resolution approving or conditionally approving the CIWMP or RAIWMP, or issue a Notice identifying deficiencies in the CIWMP or RAIWMP. (b) Within 30 days of approval, conditional approval, or disapproval of a CIWMP or RAIWP, the Board will send a copy of the resolution of approval or conditional approval, or a Notice identifying the deficiencies to the jurisdiction(s) responsible for preparation of the CIWMP or RAIWMP and any Element containing deficiencies. (1) In a Notice of Deficiency, the Board shall identify the deficient areas in a CIWMP or RAIWMP and provide a written analysis of why these areas are deficient and provide recommendations to correct deficient areas. Note: Authority cited: Section 40502, Public Resources Code; and Section 15736, Government Code. Reference: Sections 41790, 41800, 41801 and 41810, Public Resources Code. s 18786. Resubmittal of Countywide and Regional Agency Integrated Waste Management Plans or Designated Sections of Countywide and Regional Agency Integrated Waste Management Plans After a Finding of Deficiency. A county or regional agency shall modify and resubmit the modified sections of the CIWMP or RAIWMP which were identified in the Notice of Deficiency, in accordance with the requirements of Public Resources Code sections 41811, 41811.5, and 41812 and with sections 18780 through 18784 of this article. If a county or regional agency is unable to submit a modified CIWMP or RAIWMP within 120 days of receipt of the Notice of Deficiency, then within 45 days of receipt of the Notice of Deficiency, a county or regional agency shall submit a modification schedule and an explanation of the need for extension to the Board. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code. s 18787. Annual Review of Progress Towards Solid Waste Disposal Goals. Note: Authority: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41701, 41750, 41751, 41760 and 41821, Public Resources Code. s 18788. Five-Year Review and Revision of the Countywide or Regional Agency Integrated Waste Management Plan. (a) CIWMP or RAIWMP Review. Prior to the fifth anniversary of Board approval of a CIWMP or RAIWMP, or its most recent revision, the LTF shall complete a review of the CIWMP or RAIWMP in accordance with Public Resources Code sections 40051, 40052, and 41822, to assure that the county's and regional agency's waste management practices remains consistent with the hierarchy of waste management practices defined in Public Resources Code, section 40051. (1) Prior to the fifth anniversary of Board approval of the CIWMP or RAIWMP, the LTF shall submit written comments on areas of the CIWMP or RAIWMP which require revision, if any, to the county or regional agency and the Board. (2) Within 45 days of receiving LTF comments, the county or regional agency shall determine if a revision is necessary, and notify the LTF and the Board of its findings in a CIWMP or RAIWMP Review Report. (3) When preparing the CIWMP or RAIWMP Review Report the county or regional agency shall address at least the following: (A) changes in demographics in the county or regional agency; (B) changes in quantities of waste within the county or regional agency; (C) changes in funding sources for administration of the Siting Element and Summary Plan; (D) changes in administrative responsibilities; (E) programs that were scheduled to be implemented but were not, a statement as to why they were not implemented, the progress of programs that were implemented, a statement as to whether programs are meeting their goals, and if not what contingency measures are being enacted to ensure compliance with Public Resources Code section 41751; (F) changes in permitted disposal capacity, and quantities of waste disposed of in the county or regional agency; (G) changes in available markets for recyclable materials; and (H) changes in the implementation schedule. (4) Within 90 days of receipt of the CIWMP or RAIWMP Review Report, the Board shall review the county's or regional agency's findings, and at a public hearing, approve or disapprove the county's or regional agency's findings. Within 30 days of its action, the Board shall send a copy of its resolution, approving or disapproving the county's or regional agency's findings, to the LTF and the county or regional agency. If the Board has identified additional areas that require revision, the Board shall identify those areas in its resolution. (b) CIWMP or RAIWMP Revision. If a revision is necessary the county or regional agency shall submit a CIWMP or RAIWMP revision schedule to the Board. (1) The county or regional agency shall revise the CIWMP or RAIWMP in the areas noted as deficient in the CIWMP or RAIWMP Review Report and/or as identified by the Board. (2) The county or regional agency shall revise and resubmit its CIWMP or RAIWMP pursuant to the requirements of sections 18780 through 18784 of this article. (c) The county shall submit all revisions of its CIWMP to the Board for approval. The revised CIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article. (d) The regional agency shall submit all revisions of its RAIWMP to the Board for approval. The revised RAIWMP shall be reviewed pursuant to the requirements of sections 18784 through 18786 of this article. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 41750, 41760, 41770, and 41822, Public Resources Code. s 18789. Board Approval of the Plan Revision. Note: Authority cited: Sections 40502 and 41824, Public Resources Code; and Section 15376, Government Code. Reference: Sections 41790, 41800, 41801, 41810 and 41822, Public Resources Code. s 18790. Resubmittal of a Deficient Plan Revision. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code. s 18791. Resubmittal of a Deficient Plan Revision. Note: Authority cited: Sections 40502 and 41824, Public Resources Code. Reference: Sections 41790, 41810, 41811, 41812 and 41813, Public Resources Code. s 18794.0. General Requirements and Due Dates. (a) Each jurisdiction shall submit an annual report that discusses the progress achieved in implementing the programs and/or facilities described in a jurisdiction's Planning Documents. Planning Documents include the Source Reduction and Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), Nondisposal Facility Element (NDFE), Siting Element (SE), Summary Plan, or Petition for Reduction. (b) The annual report shall also discuss the progress a jurisdiction has made in achieving the disposal reduction goals required by Public Resources Code (PRC) section 41780. (c) A jurisdiction includes a City, County, City and County, or Regional Agency, as defined in Section 18801. (d) The annual report will serve as a basis for determining if any of the Planning Documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions, as well as to determine compliance with the mandated disposal reduction goals. (e) Jurisdictions shall submit the annual report as follows: (1) Jurisdictions with Planning Documents approved or conditionally approved prior to January 1, 1996, shall submit their first annual report on these approved documents by August 1, 1996. (2) Jurisdictions that did not have any Planning Documents approved or conditionally approved prior to January 1, 1996 shall submit their first annual report by August 1 of the year following Board-approval or conditional approval of a Planning Document. (3) Jurisdictions shall submit subsequent annual reports every August 1 thereafter, that address all of a jurisdiction's Planning Documents that have been approved or conditionally approved by the Board either during, or prior to, the previous calendar year. (f) Jurisdictions shall submit three copies of the annual report. (g) If a jurisdiction includes information on disaster wastes in its annual report, "disaster" shall mean a natural catastrophe such as an earthquake, fire, flood, landslide, or volcanic eruption, or, regardless of cause, any explosion, fire, or flood. In order to be considered a disaster, a local emergency or a state of emergency shall have been duly proclaimed. (h)(1) For the purposes of this Article, "district" means a community service district that provides solid waste handling services or implements source reduction and recycling programs. Commencing on July 1, 2001, a "district" also includes a sanitary district that provides solid waste handling services or implements source reduction and recycling programs. (2) Each district shall provide the city, county, or regional agency in which it is located, information on the programs implemented by the district and the amount of waste disposed and diverted within the district. (3) This information shall be supplied to the city, county, or regional agency so that it may be incorporated into the annual report. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40050, 40051, 40052, 40901, 41000, 41300, 41500, 41510, 41700, 41730, 41731, 41750, 41750.1, 41751, 41780, 41801.5, 41821, 41821.2 and 41850, Public Resources Code. s 18794.1. Goal Achievement Calculations. (a) A jurisdiction's annual report shall include the calculations described in this Section to measure achievement of the disposal reduction requirements of PRC section 41780. The diagram below shows the sequence of the calculations. Measuring Goal Achievement (b) Step 1. A jurisdiction shall first adjust its Board-approved base-year generation amount, as required in Section 18797.3. This adjustment yields the estimated reporting year generation amount. (c) Step 2. A jurisdiction shall next calculate its maximum allowable disposal tonnage, as follows: (1) A jurisdiction without a Board-approved petition for reduction in the goal shall multiply its estimated reporting year generation amount by 0.75 (75%) for the years 1995 through 1999, and by 0.50 (50%) for the year 2000 and beyond. (2) A jurisdiction with a Board-approved petition for reduction in the goal, except for a jurisdiction that is a region as described in (3) below, shall multiply its estimated reporting year generation amount by the difference between 100% and the reduced goal. For example, if the reduced goal for 1995 is 15%, then the estimated reporting year generation amount would be multiplied by 85% (100% - 15% = 85%). (3) A region that has at least one member agency that has a Board-approved petition for reduction in the goal, but does not have a reduced goal for the region as a whole, shall calculate its maximum allowable disposal as specified in PRC Section 41787.2. (d) Step 3. A jurisdiction shall next deduct any tonnages from the reporting year disposal tonnage calculated pursuant to Section 18813 which it is authorized to subtract because: (1) it meets the criteria in PRC section 41782 for claiming a reduction in its disposal tonnage because of a regional diversion facility, or regional medical waste treatment facility; and/or (2) it has disposed of additional amounts of solid waste as a result of a disaster. These deductions yield the corrected reporting year disposal tonnages. (e) Step 4. A jurisdiction shall then compare its maximum allowable disposal tonnage (from Step 2) to its corrected reporting year disposal tonnage (from Step 3). The goal has been met if the maximum allowable tonnage is greater than or equal to the corrected reporting year disposal tonnage. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41780.2, 41781, 41782, 41787.2, 41821, 41821.5 and 41850, Public Resources Code. s 18794.2. Reporting Requirements for Calculations. (a) Jurisdictions who were incorporated prior to January 1, 1995 and who submit their first annual report in 1997 or later, shall include their disposal reduction calculations for 1995, in addition to their disposal reduction calculations for the current reporting year. (b) The information used for calculating the adjustment in Section 18794.1(b) above, shall be included in a jurisdiction's annual report to the Board. (c) If a jurisdiction is a member of a Regional Agency, then a single combined report of the information shall be made for all the members of the Regional Agency. (d) The annual report shall include the information listed below for the calculated adjustment: (1) Name of all jurisdictions included in the report (2) For the jurisdiction's base-year: (A) base-year (B) population factor number and data source used (C) employment factor number and data source used (D) uncorrected taxable sales factor number and data source used (E) consumer price index number and data source used (F) residential generation tonnage amount (G) non-residential generation tonnage amount. (3) For the jurisdiction's reporting-year: (A) reporting-year (B) population factor number and data source used (C) employment factor number and data source used (D) uncorrected taxable sales factor number and data source used (E) consumer price index factor number and data source used (F) a copy of all interim calculations used to reach the adjusted base-year tonnage amount (G) estimated reporting-year generation as calculated using the equations in Section 18797.3. (e) In addition to the information required by this Section, a jurisdiction may also submit in its annual report any other information it wishes the Board to consider relating to the base-year waste generation tonnage amounts, adjustment factors, or calculations. The additional information may include a discussion of why the adjustment method as described in Section 18797.3 may not fully represent a jurisdiction's local conditions, and what additional adjustments would be needed. (f) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a regional medical waste treatment facility or regional diversion facility located within its borders, it shall provide the Board with documentation demonstrating it meets the criteria specified in PRC section 41782 for making such an adjustment. (g) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a disaster, it shall provide the Board with documentation demonstrating that: (1) the tonnages subtracted resulted from the disaster; (2) the jurisdiction implemented to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related solid waste; and, (3) the tonnages subtracted are consistent with the additional tonnages reported by the facilities where the solid waste was disposed. (h) A jurisdiction may also provide additional information related to the tons of waste disposed in California including "host-assigned" waste as described in Sections 18809, 18810, and 18811, or exported from California. The jurisdiction shall describe how this additional information was obtained. (i) If a jurisdiction's calculations as described in Section 18794.1 above, show its disposal reduction goal has not been met, then a jurisdiction shall discuss in its annual report what possible problems may have prevented it from reaching its goal. Problems may include, but are not limited to: (1) base-year innaccuracies; (2) disposal reporting problems; (3) changes in a jurisdiction's waste stream beyond the jurisdiction's control; or (4) changes in the overall waste management system that may hinder achievement of the disposal reduction goals. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41782, 41813, 41821, 41821.5 and 41850, Public Resources Code. s 18794.3. SRRE/NDFE and HHWE Implementation. (a) SRRE/NDFE Annual Report Requirements. Each jurisdiction shall monitor its reduction of solid waste and summarize in the annual report its progress toward achieving the mandated disposal reduction goals identified in PRC section 41780. The information provided will serve as a basis for determining whether a revision of a SRRE is needed. The SRRE/NDFE section of the annual report shall address at least the following: (1) Implementation status of selected programs; (2) If any selected programs were not implemented, provide an explanation; (3) Contingency programs or other measures that have been, or will be, implemented to help achieve the disposal reduction goals; (4) Changes to selected programs, implementation schedules, or funding sources; (5) Efforts made to inform the public of selected programs and facilities, and to increase public participation; (6) Any barriers that may prevent achivement of the disposal reduction goals; (7) Any changes in the use of nondisposal facilities, both existing or planned; (8) If a jurisdiction's calculations show its disposal reduction goal has not been met, then a jurisdiction may include an expanded discussion on items 1 through 7 above; (9) Quantities and types of waste diverted through recycling and composting programs directly funded or operated by the jurisdiction including, but not limited to, contracts or franchises; (10) If a jurisdiction funds or operates a program through contracts or franchises and the agreement does not contain program monitoring and reporting requirements providing the information required by (9) above, the jurisdiction may include this information at the time of the contract or franchise agreement renewal, or at the jurisdiction's five year revision, whichever comes first; (11) The adequacy of, or the need to revise, the Solid Waste Generation Study or any other Component of the SRRE; and (12) If a jurisdiction determines that a revision of the SRRE is necessary, the annual report shall contain a timetable for making the necessary revisions. (b) HHWE Annual Report Requirements. Each jurisdiction shall summarize in the annual report its progress toward reducing or eliminating household hazardous waste (HHW). The information provided will serve as a basis for determining whether a revision of a HHWE is needed. The HHWE section in the annual report shall address at least the following: (1) Implementation status of selected programs; (2) An explanation why any selected programs were not implemented; (3) An explanation why any programs that were implemented did not achieve expected reduction of HHW disposal; (4) Contingency programs or measures that have been or will be implemented to increase efforts or effectiveness in achieving reduction or elimination of HHW disposal; (5) Changes to selected programs, implementation schedules, or funding sources; (6) Efforts made to inform the public of HHW collection events or facilities; (7) Any barriers that may prevent the reduction or elimination of HHW disposal; (8) The adequacy of, or the need to revise, the HHWE; and (9) If a jurisdiction determines that a revision of the HHWE is necessary, the annual report shall contain a timetable for making the necessary revisions. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40901, 40973, 41000, 41032, 41033, 41300, 41500, 41510, 41780, 41787, 41787.1, 41787.2, 41802 and 41821, Public Resources Code. s 18794.4. Siting Element and Summary Plan Status. (a) Each county or regional agency shall include in its annual report a discussion on the status of its Siting Element and Summary Plan. The information provided shall serve as a basis for determining if the Siting Element and/or Summary Plan should be revised. (b) The Siting Element section in the annual report shall address at least the following: (1) Any changes in the remaining disposal capacity description provided pursuant to Section 18755.5 since the Siting Element was adopted; (2) Whether the county or regional agency has maintained, or has a strategy which provides for the maintenance of, 15 years of disposal capacity; (3) The adequacy of, or the need to revise, the Siting Element; and (4) If a jurisdiction determines that a revision of the Siting Element is necessary, the annual report shall contain a timetable for making the necessary revisions. (c) The Summary Plan section in the annual report shall address at least the following: (1) Any changes in the financing of countywide or regional programs and/or facilities and why these changes occurred; (2) Whether new cities within the county or regional agency have incorporated since the adoption of the Summary Plan. For each new city, the city's name, date of incorporation, and population at time of incorporation shall be provided; and (3) If a jurisdiction determines that a revision of the Summary Plan is necessary, the annual report shall contain a timetable for making the necessary revisions. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40051, 40052, 40703, 41701, 41721, 41721.5, 41751, 41770 and 41821, Public Resources Code. s 18794.5. Status of Qualifying Conditions for Board-approved Petitions for Reduction. (a) Jurisdictions with a Board-approved petition for reduction shall address the following in their annual reports: (1) Whether the jurisdiction still qualifies to petition for the reduction as discussed in Section 18775(a); (2) Whether the reduction is still needed, based on the Board-approved petition and items addressed in Section 18775(c). (b) The Board may, upon review of the annual report, find that a revision or revocation of the reduction is necessary. The Board shall present any such findings at a public hearing. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 40973, 41787, 41787.1, 41802 and 41821, Public Resources Code. s 18794.6. Addressing an Area-of-Concern, or Conditionally Approved Planning Documents. (a) Reporting Requirements for Areas-of-Concern. Each jurisdiction with a Planning Document for which the Board identified an area-of-concern at the time it was approved or conditionally approved, may address the concern in its annual report. Once the concern has been adequately addressed by the jurisdiction, it no longer needs to be addressed in subsequent annual reports. If a jurisdiction does not adequately address an area of concern in the annual report, the Board may consider it during its biennial review pursuant to PRC section 41825. (b) Reporting Requirements for Conditional Approvals. Each jurisdiction with a Planning Document that was conditionally approved by the Board shall discuss how it has met the conditions in its annual report. The conditions are listed in the Resolution in which the Board conditionally approved the planning document. The Resolution is attached to the Notification letter sent to a jurisdiction pursuant to PRC section 41810. Once the conditions have been adequately addressed, they no longer need to be addressed in subsequent annual reports. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41801.5, 41802, 41810 and 41821, Public Resources Code. s 18797.0. Scope and Purpose. (a) The primary purpose of this Article is to implement section 41780.1(c) of the Public Resources Code. (b) The adjustment method described in this Article has been selected by the Board as the standard method that shall be used to adjust the base-year generation tonnage amount. The resulting adjusted base-year generation tonnage number is an estimate of the generation tonnage in the reporting-year. This number will be used to calculate a jurisdiction's maximum allowable disposal amount, pursuant to section 18794.1(c). Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18797.1. Definitions. (a) For the purposes of this Article, the following terms have the meanings given below. (1) "Adjustment Factors" means population, employment, taxable sales, and inflation numbers as used in the adjustment method. (2) "Adjustment Method" means the method approved by the Board for jurisdictions to use in adjusting their base-year generation tonnage to account for changes in population, employment, taxable sales, and inflation occurring between the base-year and the reporting-year as described in this Article. (3) "Base-Year Generation" means the combined base-year tonnage amount of disposed and diverted wastes, as approved by the Board pursuant to section 41801 of the Public Resources Code. (4) "Industry Employment" means employment by place of work. (5) "Jurisdiction" means a city, unincorporated 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). (6) "Labor Force Employment" means employment by place of residence. (7) "Non-Residential Solid Waste" means all solid waste other than residential solid waste, including self-haul waste from non-residential sources. (8) "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). (9) "Reporting-Year Generation" means the estimate of a jurisdiction's combined tonnage of disposed and diverted wastes for any calendar year following the base-year. The reporting-year generation estimate is derived by using the adjustment method set forth in this Article to adjust the base-year generation tonnage amount. (10) "Residential Solid Waste" means all solid waste originating from single-family and multi-family dwellings, including self-haul wastes from residential sources. This definition is in addition to the definition in section 18720(a)(59). Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18797.2. Adjustment Factor Sources. A jurisdiction shall perform the adjustment method using adjustment factor sources as follows: (a) A jurisdiction shall use the following sources for factor numbers for any given calendar year: (1) Employment as reported by the California Employment Development Department: w countywide labor force employment, or w countywide industry employment, or w countywide industry employment for the non-residential adjustment factor, and countywide labor force employment for the residential adjustment factor. (2) Population as reported by the California Department of Finance: w countywide population, or w jurisdiction population. (3) Inflation as represented by the Consumer Price Index reported by the California Department of Industrial Relations: w statewide Consumer Price Index, or w metropolitan area Consumer Price Index. (4) Taxable Sales as reported by the California State Board of Equalization: w countywide Taxable Sales, or w jurisdiction Taxable Sales. (b) Notwithstanding subdivision (a) of this section, if a jurisdiction believes that any of the adjustment factor numbers do not validly represent the jurisdiction's population and/or economy, a jurisdiction may instead perform the adjustment method using one or more countywide or jurisdiction factor numbers from other sources, if the following conditions are met: (1) A jurisdiction shall select a scientifically reliable, third party source for each of the jurisdiction-supplied adjustment factor numbers used. Possible sources include, but are not limited to, studies by the U.S. Census, State Agencies, Regional Councils of Government, Municipal Chambers of Commerce, accredited Universities or Colleges, or professionally recognized consultants in the field of economics, geography, or demographics. A jurisdiction shall submit a copy of each source document used to the Board at the time of the annual report. (2) For each factor, the jurisdiction shall use the same source for both the base-year factor number and the reporting-year factor number when performing the calculations. If a base-year factor number for employment is not available, and the factor number for the year following the base-year reflects increased or no employment growth since the base-year, then the factor number for the year following the base-year may be used for the base-year factor number. A jurisdiction shall substantiate increased or no employment growth since the base-year with corroborative data from at least one scientifically reliable, third party source as described in subdivision (b)(1) of this section. A jurisdiction shall submit a copy of each source document used for the corroborative data to the Board at the time of the annual report. (3) Board approval of the use of alternative sources. In reviewing alternative sources, the Board shall consider any jurisdiction-supplied adjustment factor numbers and sources to determine if they meet the requirements of subdivisions (b)(1) and (b)(2) of this section. If the Board disapproves any adjustment factor numbers and/or sources, a jurisdiction may choose other factor numbers and/or sources for Board consideration. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18797.3. Adjustment Method Calculation. (a) If a jurisdiction is a region, then the tonnage amounts, and adjustment factor number for all cities and unincorporated counties included in the region's regional agreement, shall be summed before calculating the single adjustment for the region's base-year generation. (b) Before calculating the adjustment, a jurisdiction shall separate the base-year generation tonnage by source into residential and non-residential amounts. If a jurisdiction cannot derive the actual residential and non-residential amounts from its records, the jurisdiction may make a best estimate of how much of their base-year generation is from residential sources and how much is from non-residential sources. (c) When calculating the values in subdivision (e) of this section, and calculating the adjusted base-year generation tonnage in subdivision (f) of this section, a jurisdiction shall use the values defined below: RWGB = Base-Year Residential Waste Generation in Tons NRWGB = Base-Year Non-Residential Waste Generation in Tons PR = Reporting-Year Population in Persons PB = Base-Year Population in Persons ERlf = Reporting-Year Labor Force Employment in Jobs ERin = Reporting-Year Industry Employment in Jobs EBlf = Base-Year Labor Force Employment in Jobs EBin = Base-Year Industry Employment in Jobs TR = Reporting-Year Taxable Sales in Dollars TB = Base-Year Taxable Sales in Dollars CPIR = Reporting-Year Consumer Price Index CPIB = Base-Year Consumer Price Index For example, in the hypothetical jurisdiction of "Surfcity": RWGB = 15,000 tons NRWGB = 20,000 tons PR = 12,000 persons PB = 10,000 persons ERlf = 6,000 jobs EBlf = 5,500 jobs TR = 3,100,000 dollars TB = 3,000,000 dollars CPIR = 154.0 CPIB = 130.7 (d) Before calculating values other than those described in section 18797.2(b) for the equations in subdivision (e) of this section, a jurisdiction shall select one of three countywide employment factor number sets: (1) Labor force employment for calculating the non-residential adjustment factor and the residential adjustment factor; or (2) Industry employment for calculating the non-residential adjustment factor and the residential adjustment factor, or (3) Industry employment for calculating the non-residential adjustment factor and labor force employment for calculating the residential adjustment factor. (e) Before performing the adjustment calculation, a jurisdiction shall calculate values for the four equations below: (1) IM = Inflation Multiplier: CPIb __________________________________________________ CPIr Example: 130.7 IM = __________________________________________________ 154.0 = 0.8487 (2) CTr = Corrected Reporting-Year Taxable Sales in Dollars: TR x IM Example: CTr = 3,100,000 x 0.8487 = 2,630,970 (3) NRAF = Non-Residential Adjustment Factor: (Er / Eb) + (CTr / Tb) __________________________________________________ 2 Example 3a: Use Labor Force Employment in NRAF NRAFlf = (6,000/5,500) + (2,630,970/3,000,000) __________________________________________________ 2 = 0.984 Example 3b: Use Industry Employment in NRAF NRAFin = (4,500/3,950) + (2,630,970/3,000,000) __________________________________________________ 2 = 1.008 (4) RAF = Residential Adjustment Factor: (Pr / Pb) + NRAF __________________________________________________ 2 Example 4a: Use NRAFlf RAFlf = (12,000/10,000) + 0.984 __________________________________________________ 2 = 1.092 Example 4b: Use NRAFin RAFin = (12,000/10,000) + 1.008 __________________________________________________ 2 = 1.104 (f) Using the variables defined in subdivisions (c) and (e) of this section, a jurisdiction shall calculate the adjusted base-year generation tonnage using the equation below: ERYG = Estimated Reporting-Year Generation: (RWGb x RAF) + (NRWGb x NRAF) Example 1: Use RAFlf and NRAFlf ERYG = (RWGb x RAFlf) + (NRWGb x NRAFlf) = (15,000 x 1.092) + (20,000 x 0.984) = 36,060 tons Example 2: Use RAFin and NRAFin ERYG = (RWGb x RAFin) + (NRWGb x NRAFin) = (15,000 x 1.104) + (20,000 x 1.008) = 36,720 tons Example 3: Use RAFlf and NRAFin ERYG = (RWGb x RAFlf) + (NRWGb x NRAFin) = (15,000 x 1.092) + (20,000 x 1.008) = 36,540 tons Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18797.4. Reporting Requirements. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 18801.1. 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18802. Records: Retention, Access, and Audits. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18803. Applicability and Alternative Reporting Systems. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Sections 40502 and 41825, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18805. Origin Survey Frequency. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18806. Identifying a Jurisdiction of Origin. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18807. Disposal Reporting Due Dates. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 Public Contract 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 Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18808.1. Signage for a Hauler. (Not applicable) s 18808.2. Scales and Weighing Requirements for a Hauler. (Not applicable) s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Sections 40502, 41781.3, 41821.5 and 43020, Public Resources Code. Reference: Sections 40508, 41821.5, and 43020, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809. Disposal Reporting Requirements for a Station. (a) Sections 18809.1 through 18809.11 establish the requirements for a station as follows: (1) Signage at a Station Section 18809.1 (2) Scales and Weighing Requirements at a Station Section 18809.2 (3) Training Requirements for a Station Section 18809.3 (4) Station Records: Retention, Access, and Investigations Section 18809.4 (5) Identifying Jurisdiction of Origin Section 18809.5 (6) Frequency of Origin Surveys Section 18809.6 (7) Determining Origin of Waste at a Station Section 18809.7 (8) Applicability of Alternative Reporting Systems Section 18809.8 (9) Station Disposal Reports: Content, Timing, and Distribution Section 18809.9 (10) Disposal Reporting Due Dates for a Station Section 18809.10 (11) Non-compliance Section 18809.11 Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.1. Signage at a Station. (a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18809.6(a) or (b). (b) The sign may include the following: (1) "State law requires information on where your waste is from. Be prepared to provide it to the attendant." or (2) "Be prepared to tell the attendant where your waste is from." or (3) Other wording reasonably similar to the wording in subsection (1) or (2). (c) The sign may be translated into additional languages, including but not limited to Spanish. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.5 and 43020, Public Resources Code. s 18809.2. Scales and Weighing Requirements at a Station. (a) A station shall be equipped with scales if both of the following criteria apply: (1) the station accepts an annual average of more than 100 tons per operating day or an annual average volume of more than 400 cubic yards of solid waste per operating day, and (2) the station operates more than 52 days per year. (b) A station located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply: (1) the station accepts an annual average of more than 200 tons per operating day or an annual average volume of more than 800 cubic yards of solid waste per operating day, and (2) the station operates more than 52 days per year. (c) An operator of a station equipped with scales shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (d). If a station's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (d) until the scales are back in operation. (d) For all solid waste that a station operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a station shall meet the following guidelines: (1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the station and/or the types of loads hauled to the station. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. (2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the station's annual report of disposal reporting methods as set forth in 18809.9(e). (3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board staff review upon request pursuant to section 18809.4. (4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. (e) An operator of a station not required to have scales as set forth in subsection (a) or (b) shall estimate the weight of every load of solid waste using reasonable and documented volumetric conversion factors for each type of vehicle and/or trailer that hauls waste to the station and/or each type of load (e.g. C&D debris/inert debris load) hauled to the station. The operator shall identify all volumetric conversion factors for each vehicle and/or trailer type and/or load type and include a description of the method used to determine the conversion factors in the station's annual report of disposal reporting methods as set forth in section 18809.9(e). The operator shall make all documentation of volumetric conversion factors available for review by Board staff upon request. If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to establish new volumetric conversion factors. (f) An operator is not to required weigh waste if the waste will be weighed at destination landfills and/or transformation facilities. If an operator determines the weight of waste by using scales at destination landfills and/or transformation facilities, the operator shall notify the agency in which the station is located in the annual report of disposal reporting methods as set forth in 18809.9(e)(7). An operator shall maintain a record of the weights obtained at all destination landfills and/or transformation facilities pursuant to section 18809.4. (g) An operator of a station required to have scales as set forth in subsection (a) or (b) may request an exemption from the requirement to obtain scales if the station operator can demonstrate that circumstances exist that make compliance with this requirement a hardship. An operator shall submit a request for an exemption to the Board as set forth in subsections (i) through (l). An operator shall submit a request for an exemption no later than 150 days after January 1, 2006. If a station becomes subject to the scales requirement as set forth in subsection (a) or (b) after January 1, 2006, an operator shall submit the request for an exemption within 150 days. (h) An operator of a station required to have scales as set forth in subsection (a) or (b) may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. Weighing of waste at destination landfills and/or transformation facilities pursuant to subsection (f) does not require Board approval as an alternative weighing system. An operator shall submit a request for an exemption to the Board as set forth in subsections (i) through (l). (i) A station operator's request for an exemption from obtaining scales or request to implement an alternative weighing system shall include the following minimum information: (1) station name, (2) station Solid Waste Information System (SWIS) number, (3) station address, (4) operator name, (5) operator mailing address, (6) operator telephone number, (7) operator email address, if available, (8) justification for the proposed exemption or alternative weighing system, such as a lack of electric utilities at the site, geographic remoteness of the site, space constraints at the site, or use of off-site scales, (9) annual average weight (or annual average volume) of solid waste accepted per day of operation, and (10) volumetric conversion factors to be used to estimate weight. (j) Prior to submitting a request for an exemption from the scales requirement or a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including: (1) haulers that dispose of waste at the station, (2) the agency in which the station is located, (3) jurisdictions that dispose of waste at the station, and (4) the Local Task Force established pursuant to section 18761 of this Division. (k) An operator shall send a request for an exemption from the scales requirement or a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. (l) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. (m) If subsequent to an approval of an exemption from the scales requirement or a request to implement an alternative weighing system, the Board determines a station no longer meets the criteria of this section, the Board may rescind the approval. (n) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to obtain scales or requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. (o) A station required to have scales as set forth in subsection (a) or (b), that has not requested and received a Board exemption from this requirement or has not received approval of an alternative weighing system, shall be required to obtain and begin operating the scales by January 1, 2007. (p) If a station becomes subject to the scales requirement as set forth in subsection (a) or (b) subsequent to January 1, 2006, the operator shall obtain and begin operating the scales by January 1 of the year following the year the station became subject to the requirement. The operator may submit a request for an exemption from the scales requirement or a request to implement an alternative weighing system as set forth in subsections (g) through (l). Note: Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 43020 and 43021, Public Resources Code. s 18809.3. Training Requirements for a Station. (a) A station operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.4. Station Records: Retention, Access, and Investigations. (a) An operator 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 18809.9(a) through (c). (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, 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 operator 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 operator shall make the records promptly available for inspection. The operator 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 operator 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 operator 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 operator 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 operator 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 operator 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.5. Identifying Jurisdiction of Origin. (a) When required by this Article: (1) An 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, 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 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 an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.6. Frequency of Origin Surveys. (a) At all permitted stations, origin surveys shall be conducted continuously, each day of station operation, for every load, except as described in subsections (b), (c), and (d). (b) An operator of a station 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 origin survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. (c) At all permitted stations, 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 station is located authorizes the station 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.7. Determining Origin of Waste at a Station. (a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18809.6. (b) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall provide the receiving operator with 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. An operator shall also inform a receiving operator of the type or types of material being supplied. (c) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall notify the operator of that facility of each load of C&D debris/inert debris delivered during the entire quarter. The operator shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. (d) When requested by a receiving operator, an operator who sends solid waste to another facility within California shall notify the operator of that facility of each load of disaster waste delivered during the entire quarter. The operator shall also provide the jurisdiction of origin for each load, based on actual daily tonnage. (e) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: (1) the jurisdiction of origin of the waste as set forth in 18809.5, and (2) other additional information that the operator has determined will ensure that information provided is accurate. (f) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). (g) If a station accepts solid waste from only one jurisdiction, the operator shall assign the waste to that jurisdiction. (h) If an attendant is not present during regular hours of operation, and one cannot be present to obtain jurisdiction of origin information during the survey period, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the station is located by labeling it as "no attendant host assigned" waste. An operator shall determine quarterly percentages of the total waste assigned to a host jurisdiction and report the percentage allocations to each facility to which waste was sent, pursuant to section 18809.9(b)(4). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18809.9(d). (i) If a station accepts solid waste from more than one jurisdiction, the operator shall use the information on the jurisdictions of origin for all solid waste to estimate the percentage of waste from each jurisdiction. The percentage of waste from each jurisdiction shall be based on either the total tons accepted from each jurisdiction, the total tons of solid waste from each jurisdiction after adjusting for diversion at the station, or the total tons from each jurisdiction based on a reasonable method used at the station to allocate waste. (j) If solid waste is delivered to the station and information on the jurisdiction of origin is not provided by the delivering hauler or operator during the survey period as specified in this Article, then the operator shall assign the waste percentage to the jurisdiction in which the station is located by labeling it as "host assigned" waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18809.11. The operator shall determine quarterly percentages of the total waste assigned to a host jurisdiction and report the percentage allocations to each facility to which waste was sent, pursuant to section 18809.9(b)(4). The operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18809.9(d). Note: Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Section 40508, 41821.5, 43020 and 43021, Public Resources Code. s 18809.8. Applicability of Alternative Reporting Systems. (a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.9. Station Disposal Reports: Content, Timing, and Distribution. (a) Each quarter, an operator who sends solid waste to another facility within California shall provide the operator of that facility with the percentage of waste assigned to each jurisdiction as determined pursuant to section 18809.7. The operator shall provide this information by the due dates in sections 18809.10(a) and (b). (b) An operator who sends waste to another facility in California shall send a quarterly notification to the agency in which the station is located and to each agency in which a receiving facility is located. An operator shall keep copies of the notification and all supporting documentation used to prepare the notification pursuant to the record keeping requirements in section 18809.4. The operator shall send the notifications by the due dates in section 18809.10. The quarterly notification shall contain the following information: (1) the station name and Solid Waste Information System (SWIS) number, (2) the reporting quarter and year, (3) the total tons of solid waste accepted at the station, (4) the percentage of solid waste from each jurisdiction (including host assigned waste, if applicable), based on either: (A) the total tons of solid waste accepted from each jurisdiction, (B) the total tons of solid waste from each jurisdiction after adjusting for diversion at the station, or (C) the total tons of solid waste from each jurisdiction determined using a reasonable method to allocate waste, (5) the name and Solid Waste Information System (SWIS) number of each facility in California to which waste was sent, (6) the total initial estimated tons of solid waste sent to each facility, (7) the total tons of each type of material identified for potential reuse as: (A) alternative daily cover, (B) alternative intermediate cover, and (C) other beneficial reuse, (8) the total tons of each type of material from each jurisdiction identified for potential reuse as: (A) alternative daily cover, and (B) alternative intermediate cover, (9) the total tons of other material accepted at the station and sent off-site for reuse, recycling, or composting during the quarter, and (10) a brief summary of the methods used to determine the jurisdictions of origin. (c) For the entire quarter, an operator who exports waste from California shall provide the agency in which the station is located with the total tons of solid waste exported from each jurisdiction of origin during the quarter. For each jurisdiction allocation, an operator shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent. An operator shall provide this information by the due dates in section 18809.10. (d) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18809.10. In lieu of sending quarterly information directly to a jurisdiction, an operator may electronically submit the quarterly disposal information to the Board using a format that would allow the Board to make the information available on its web site. In addition to the information in subsections (b) and (c), a jurisdiction may request: (1) the total tons of each type of material identified as other potential beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), (2) the total tons of C&D debris/inert debris, and (3) the total tons of disaster waste. (e) An operator shall send an annual report on disposal reporting methods to the agency in which the station is located. An operator shall send the annual report by the due date in section 18809.10. An operator shall keep a copy of the annual report in the station's records pursuant to section 18809.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: (1) station name and Solid Waste Information System (SWIS) number, (2) operator name, (3) operator mailing address, (4) operator telephone number, (5) operator email address, if available, (6) number and type of scales, if applicable, (7) notification of the use of scales at destination landfill(s) or transformation facility(ies) to weigh waste sent from the station, pursuant to section 18809.2(f), if applicable, (8) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors pursuant to section 18809.2(d)(1) or (e), (9) the frequency of each type of origin survey, (10) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, (11) the method(s) used to verify origin information, if applicable, (12) the method(s) used to track C&D debris/inert debris loads, if applicable, (13) the method(s) used to track disaster waste loads, if applicable, (14) the method(s) of determining jurisdiction allocation amounts including: (A) a description of the method used to determine jurisdiction of origin allocation percentages as reported in subsection (b)(4), and (B) the percentage of annual tons of waste for each jurisdiction that were assigned based on survey week data as allowed in sections 18809.6(b) and (c), and (C) the percentage of the total tons of solid waste sent for disposal or transformation that were based on volumetric conversion factors rather than actual weight measurements, (15) any restrictions on which jurisdictions may use the station, (16) any differences in station tipping fees based on jurisdiction of origin, (17) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, and (18) the days and hours of station operation, including all significant variations in the schedule during the reporting year. Note: Authority cited: Sections 40502, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 43020 and 43021, Public Resources Code. s 18809.10. Disposal Reporting Due Dates for a Station. (a) An operator of a permitted station who sends waste to another permitted station in California shall send the operator of that facility the percentage of waste assigned to each jurisdiction for the quarter as set forth in section 18809.9(a). An operator shall send this information by April 30 for the first quarter, July 31 for the second quarter, October 31 for the third quarter, and January 31 for the fourth quarter of the previous year. (b) An operator of a permitted station who sends waste to a landfill or transformation facility in California shall send the operator of that facility the percentage of waste assigned to each jurisdiction for the quarter as set forth in section 18809.9(a). An operator shall send this information by May 15 for the first quarter, August 15 for the second quarter, November 15 for the third quarter, and February 15 for the fourth quarter of the previous year. (c) An operator of a permitted station shall send quarterly disposal information to affected agencies as set forth in sections 18809.9(b) and (c). If requested by a jurisdiction, the operator shall also send the quarterly disposal information to the jurisdiction as described in section 18809.9(d). An operator 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. (1) An operator of a permitted station who sends waste to another facility within California shall send a notification every quarter to the agency in which the station is located and to each agency in which a receiving facility is located as set forth in section 18809.9(b). (2) If a station operator exports waste outside of California, the operator shall send a quarterly report on the amounts of exported waste to the agency in which the station is located as set forth in section 18809.9(c). (d) An operator of a permitted station shall send an annual report on disposal reporting methods to the agency in which the station is located, as described in section 18809.9(e). An operator shall send this annual report by March 15 for the previous year. A station operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18809.4. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18809.11. 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810. Disposal Reporting Requirements for a Landfill. (a) Sections 18810.1 through 18810.11 establish the requirements for a landfill as follows: (1) Signage at a Landfill Section 18810.1 (2) Scales and Weighing Requirements at a Landfill Section 18810.2 (3) Training Requirements for a Landfill Section 18810.3 (4) Landfill Records: Retention, Access, and Investigations Section 18810.4 (5) Identifying Jurisdiction of Origin Section 18810.5 (6) Frequency of Origin Surveys Section 18810.6 (7) Determining Origin of Waste at a Landfill Section 18810.7 (8) Applicability of Alternative Reporting Systems Section 18810.8 (9) Landfill Disposal Reports: Content, Timing, and Distribution Section 18810.9 (10) Disposal Reporting Due Dates for a Landfill Section 18810.10 (11) Non-compliance Section 18810.11 Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.1. Signage at a Landfill. (a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18810.6(a) or (b). (b) The sign may include the following: (1) "State law requires information on where your waste is from. Be prepared to provide it to the attendant." or (2) "Be prepared to tell the attendant where your waste is from." or (3) Other wording reasonably similar to the wording in subsection (1) or (2). (c) The sign may be translated into additional languages, including but not limited to Spanish. Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.5 and 43020, Public Resources Code. s 18810.2. Scales and Weighing Requirements at a Landfill. (a) A landfill shall be equipped with scales if both of the following criteria apply: (1) the landfill accepts an annual average of more than 100 tons per operating day or an annual average volume of more than 400 cubic yards of solid waste per operating day, and (2) the landfill operates more than 52 days per year. (b) A landfill located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply: (1) the landfill accepts an annual average of more than 200 tons per operating day or an annual average volume of more than 800 cubic yards of solid waste per operating day, and (2) the landfill operates more than 52 days per year. (c) An operator of a landfill equipped with scales shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (d). If a landfill's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (d) until the scales are back in operation. (d) For all solid waste that a landfill operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a landfill shall meet the following guidelines: (1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the landfill and/or the types of loads hauled to the landfill. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. (2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the landfill's annual report of disposal reporting methods as set forth in 18810.9(h). (3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board staff review upon request pursuant to section 18810.4. (4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. (e) An operator of a landfill not required to have scales as set forth in subsection (a) or (b), shall estimate the weight of every load of solid waste using reasonable and documented volumetric conversion factors for each type of vehicle and/or trailer that hauls waste to the landfill and/or each type of load (e.g. C&D debris/inert debris load) hauled to the landfill. The operator shall identify all volumetric conversion factors for each vehicle and/or trailer type and/or load type and include a description of the method used to determine the conversion factors used in the landfill's annual report of disposal reporting methods as set forth in section 18810.9(h). The operator shall make all documentation of volumetric conversion factors available for review by Board staff upon request. If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to establish new volumetric conversion factors. (f) An operator of a landfill required to have scales as set forth in subsection (a) or (b) may request an exemption from the requirement to obtain scales if the landfill operator can demonstrate that circumstances exist that make compliance with this requirement a hardship. An operator shall submit a request for an exemption to the Board as set forth in subsections (h) through (k). An operator shall submit a request no later than 150 days after January 1, 2006. If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) after January 1, 2006, an operator shall submit the request for an exemption within 150 days. (g) An operator of a landfill required to have scales as set forth in subsection (a) or (b) may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. An operator shall submit a request for an exemption to the Board as set forth in subsections (h) through (k). (h) A landfill operator's request for an exemption from obtaining scales or request to implement an alternative weighing system shall include the following minimum information: (1) landfill name, (2) landfill Solid Waste Information System (SWIS) number, (3) landfill address, (4) operator name, (5) operator mailing address, (6) operator telephone number, (7) operator email address, if available, (8) justification for the proposed exemption or alternative weighing system, such as a lack of electric utilities at the site, geographic remoteness of the site, space constraints at the site, occasional relief from weighing requirements during periods of time when excessive lines create public health and safety concerns, or use of off-site scales, (9) annual average weight (or annual average volume) of waste accepted per day of operation, and (10) volumetric conversion factors to be used to estimate weight. (i) Prior to submitting a request for an exemption from the scales requirement or a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including those listed below. However, nothing in this requirement is intended to allow any of these parties to seek or impose conditions on the requestor for favorable comments, nor does this section give them any authority to approve or disapprove the request. (1) haulers that dispose of waste at the landfill, (2) the agency in which the landfill is located, (3) jurisdictions that dispose of waste at the landfill, and (4) the Local Task Force established pursuant to section 18761 of this Division. (j) An operator shall send a request for an exemption from the scales requirement or a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. (k) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. (l) If subsequent to an approval of an exemption from the scales requirement or a request to implement an alternative weighing system, the Board determines a landfill no longer meets the criteria of this section, the Board may rescind the approval. (m) All volumetric conversion factor(s) used for the purposes of this Article, shall be the same as the volumetric conversion factor(s) used to determine the number of tons that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code. (n) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to obtain scales or requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. (o) A landfill required to have scales as set forth in subsection (a) or (b), that has not requested and received a Board exemption from this requirement or has not received approval of an alternative weighing system, shall be required to obtain and begin operating the scales by January 1, 2007. (p) If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) subsequent to January 1, 2006, the operator shall obtain and begin operating the scales by January 1 of the year following the year the landfill became subject to the requirement. The operator may submit a request for an exemption from the scales requirement or a request to implement an alternative weighing system as set forth in subsections (f) through (k). Note: Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. s 18810.3. Training Requirements for a Landfill. (a) An operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.4. Landfill Records: Retention, Access, and Investigations. (a) An operator 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 agency in which the landfill is located pursuant to section 18810.9(c). (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, 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 operator 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 operator shall make the records promptly available for inspection. The operator 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 operator 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 operator 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 operator 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 operator 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 operator 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.5. Identifying Jurisdiction of Origin. (a) When required by this Article: (1) An 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, 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 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 an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.6. Frequency of Origin Surveys. (a) At all permitted landfills, origin surveys shall be conducted continuously, each day of landfill operation, for every load, except as described in subsections (b), (c), and (d). (b) An operator of a landfill 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 landfills, 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 landfill is located authorizes the landfill 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.7. Determining Origin of Waste at a Landfill. (a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18810.6. (b) For every load of solid waste received during the entire quarter, an operator shall record the jurisdiction of origin for all beneficial reuse material accepted. An operator shall also record the types and quantities of material being used as alternative daily, alternative intermediate cover, and other beneficial reuse. Each type of material used for alternative daily cover, alternative intermediate cover, and other beneficial reuse shall be allocated to jurisdictions using a reasonable estimation method. A reasonable method for calculating allocations may include: (1) Determining each jurisdiction's percentage of each material type accepted and multiplying by: (A) the total amounts of alternative daily cover used, (B) the total amounts of alternative intermediate cover used, and/or (C) the total amounts of other beneficial reuse material used. (c) For every load received during the entire quarter, an operator shall track the tons of each of the following types of solid waste disposed at the landfill, allocated to each jurisdiction: (1) C&D debris/inert debris, (2) designated waste, by material type, and (3) disaster waste. (d) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: (1) the jurisdiction of origin of the waste as set forth in 18810.5, and (2) other additional information that the operator has determined will ensure that information provided is accurate. (e) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). (f) If a landfill accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction. (g) If an attendant is not present during regular hours of operation, and one cannot be present for the origin survey period set forth in section 18810.6, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the landfill is located by labeling it as "no attendant host assigned" waste. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18810.9(c). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18810.9(g). (h) If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the landfill is located by labeling it as "host assigned" waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18810.11. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18810.9(c). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18810.9(g). (i) If a landfill conducts continuous daily origin surveys as set forth in section 18810.6(a) and accepts solid waste from more than one jurisdiction, then the operator shall assign the waste tonnage based on the actual jurisdiction of origin information reported by haulers and station operators. If a landfill also conducts origin surveys for uncompacted loads of 12 cubic yards or less during at least a one-week per quarter survey period, the operator shall estimate the amount of waste assigned to each jurisdiction as described in subsection (k) and add these tonnage allocations to the tonnage allocations that were based on daily origin survey information. (j) If a landfill in a rural jurisdiction accepts solid waste from more than one jurisdiction and only conducts origin surveys during one week per quarter as set forth in section 18810.6(b), the operator shall do the following steps in order: (1) Obtain information on the jurisdiction(s) of origin for each load of solid waste delivered to the landfill on the dates set forth in section 18810.6(b). Example: Four loads delivered during the survey week. Load 1 = 5 tons from City A Load 2 = 5 tons from City B Load 3 = 10 tons from City C Load 4 = 5 tons from City B (2) Calculate the tons of solid waste (other than soil used as cover or for other on-site uses) assigned to each jurisdiction during the survey week. The operator shall either add up the amounts accepted from each jurisdiction, or the amounts of solid waste from each jurisdiction after adjusting for diversion activity at the landfill. Example: City A = 5 tons (Load 1) City B = 10 tons (Load 2 + Load 4) City C = 10 tons (Load 3) (3) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of waste for the survey period. Example: 25 tons delivered during the survey week. City A = 5 tons/25 tons = 0.2 (20%) City B = 10 tons/25 tons = 0.4 (40%) City C = 10 tons/25 tons = 0.4 (40%) (4) Calculate the number of tons disposed from each jurisdiction during the quarter by multiplying the percentage from paragraph (3) with the total number of tons of solid waste disposed in each quarter from section 18810.9(a). Example: 1000 tons disposed during quarter. City A = 0.2 x 1000 tons = 200 tons City B = 0.4 x 1000 tons = 400 tons City C = 0.4 x 1000 tons = 400 tons (k) If an operator conducts origin surveys of each uncompacted load of solid waste with a volume of 12 cubic yards or less during a one-week survey period each quarter pursuant to section 18810.6(c), then the operator shall calculate the estimated tons of solid waste delivered in these loads from each jurisdiction for the quarter. The calculated tonnage allocations shall be based on the actual origin information reported by haulers during the survey period. The operator shall do the following steps in order. (1) Obtain information on the jurisdiction(s) of origin for each uncompacted load with a volume of 12 cubic yards or less delivered to the landfill on the dates set forth in section 18810.6(c). Example: Four uncompacted loads of 12 cubic yards or less delivered during the survey week. Load 1 = 0.5 ton from City A Load 2 = 0.5 ton from City B Load 3 = 0.5 ton from City C Load 4 = 0.5 ton from City B (2) Calculate the tons of solid waste (other than soil used as cover or for other on-site uses) delivered in uncompacted loads of 12 cubic yards or less assigned to each jurisdiction during the survey week. The operator shall either add up the amounts accepted from each jurisdiction, or the amounts of solid waste from each jurisdiction after adjusting for diversion activity at the landfill. Example: City A = 0.5 ton (Load 1) City B = 1 ton (Load 2 + Load 4) City C = 0.5 ton (Load 3) (3) Calculate the percentage of solid waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of solid waste delivered in uncompacted loads of 12 cubic yards or less during the survey week. Example: 2 tons delivered in uncompacted loads of 12 cubic yards or less during survey week. City A = 0.5 ton/2 tons = 0.25 (25%) City B = 1 ton/2 tons = 0.5 (50%) City C = 0.5 ton/2 tons = 0.25 (25%) (4) Calculate the number of tons delivered in uncompacted loads of 12 cubic yards or less and disposed from each jurisdiction during the quarter by multiplying the percentages from paragraph (3) with the total tons of solid waste disposed during the quarter that were delivered in uncompacted loads of 12 cubic yards or less. Example: 100 tons delivered in uncompacted loads of 12 cubic yards or less and disposed during the quarter. City A = 0.25 X 100 tons = 25 tons City B = 0.5 X 100 tons = 50 tons City C = 0.25 X 100 tons = 25 tons Note: Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. s 18810.8. Applicability of Alternative Reporting Systems. (a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.9. Landfill Disposal Reports: Content, Timing, and Distribution. (a) The following requirements shall apply to an operator of a permitted landfill: (1) An operator shall determine the total number of tons of solid waste disposed in each quarter. The tons disposed shall be the same 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. (2) An operator of a facility that does not have to report tons disposed to the Board of Equalization pursuant to section 48007(b) of the Public Resources Codes (as added by Stats. 1999, Chapter 600), is still required to determine the total number of tons of solid waste disposed in each quarter. However, for these facilities, the tons disposed will not have to be reconciled with the tons reported to the Board of Equalization. (3) An operator of a facility that has been exempted from the fee pursuant to section 48006 of the Public Resources Code is still required to report the total number of tons of solid waste disposed in each quarter. However, for these facilities, the tons disposed will not have to be reconciled with the tons reported to the Board of Equalization that are subject to the fee. (b) An operator shall track the total tons of solid waste accepted by the landfill and sent off-site for reuse, recycling, or composting. (c) An operator shall provide the following quarterly information to the agency in which the facility is located. An operator shall keep copies of the quarterly information and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18810.4. An operator shall report, by jurisdiction of origin (including host assigned jurisdiction of origin, if applicable), information on the amounts and types of all solid waste specified in this subsection. The operator shall report: (1) the facility name and Solid Waste Information System (SWIS) number, (2) the reporting quarter and year, (3) the total tons of all solid waste and all materials accepted at the facility, excluding soil used on-site, (4) the total tons of waste reused on-site at the facility, separated as follows: (A) the total tons of each type of alternative daily cover used during the quarter, and (B) the total tons of each type of alternative intermediate cover used during the quarter, and (5) the total tons of solid waste disposed at the landfill. (d) An operator shall provide quarterly summary information to the agency in which the facility is located. The summary information shall include: (1) the total tons of soil used as cover or for other on-site uses during the quarter, (2) the total tons of solid waste accepted by the landfill, excluding soil used on-site, (3) the total tons of solid waste used on-site, separated as follows: (A) the total tons of each type of alternative daily cover, (B) the total tons of each type of alternative intermediate cover, and (C) the total tons of each type of other beneficial reuse material, (4) the total tons of solid waste sent off-site for reuse, recycling, or composting, (5) the total tons of solid waste disposed at the landfill, (6) the total tons reported to the Board of Equalization subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code, (7) either: (A) 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 during the quarter, or (B) the airspace utilization factor (tons of waste per cubic yard of landfill airspace) for the quarter, 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.) (8) a brief summary of the methods used to determine the jurisdictions of origin. (e) Upon request, an operator shall provide the agency in which the facility is located with a copy of the Integrated Waste Management Fee Return submitted to the Board of Equalization. (f) The operator shall provide all quarterly information to the agency by the due dates in section 18810.10. (g) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18810.10. In lieu of sending quarterly disposal information directly to a jurisdiction, an operator 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. In addition to the amounts reported in subsection (c)(3) through (5), a jurisdiction's request for quarterly disposal information may include: (1) the total tons of each type of other beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), (2) the total tons of C&D debris/inert debris disposed, (3) the total tons of each type of designated waste disposed, and (4) the total tons of disaster waste disposed. (h) An operator shall send an annual report on disposal reporting methods to the agency in which the facility is located. An operator shall send the annual report by the due date in section 18810.10. An operator shall keep a copy of the annual report in the facility's records pursuant to section 18810.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: (1) facility name and Solid Waste Information System (SWIS) number, (2) operator name, (3) operator mailing address, (4) operator telephone number, (5) operator email address, if available, (6) the number and type of scales, if applicable, (7) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors pursuant to section 18810.2(d)(1) or (e), (8) the frequency of each type of origin survey, (9) the percentage of the total tons of disposed waste assigned to each jurisdiction that was based on: (A) origin information collected during a one-week per quarter survey period as allowed in section 18810.6(b) or 18810.6(c), if applicable, and (B) volumetric conversion factors rather than actual weight measurements, (10) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, (11) the method(s) used to verify origin information, if applicable, (12) any restrictions on which jurisdictions may use the landfill, (13) any differences in landfill tipping fees based on jurisdiction of origin, (14) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, (15) the method(s) used to track the amounts of alternative daily cover, alternative intermediate cover, and other beneficial reuse materials used at the facility, (16) the method(s) used to track C&D debris/inert debris loads, if applicable, (17) the designated waste types accepted and method(s) of tracking designated wastes, if applicable, (18) the method(s) used to track disaster waste loads, if applicable, (19) the days and hours of operation, including all significant variations in the schedule during the reporting year, and (20) either: (A) the calculated in-place waste density achieved at the landfill (in pounds of waste per cubic yard of waste) and a description of the method used to calculate in-place waste density achieved at the landfill, and the calculated waste-to-cover ratio used at the landfill and a description of the method used to calculate the waste-to-cover ratio(s) used at the landfill or (B) the airspace utilization factor (tons of waste per cubic yard of landfill airspace) and a description of the method used to calculate the airspace utilization factor. (This information shall be included in the annual 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) If the Board determines that an operator has inaccurately reported alternative daily cover, alternative intermediate cover, other beneficial reuse, or other diversion tonnage, that should have been reported as disposal, the operator shall revise its reported disposal tonnage to reflect the Board's determination and pay the fee required by section 48000 of the Public Resources Code. (j) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18810.4). An operator 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. Note: Authority cited: Sections 40502, 41781.3, 41821.5, 43020 and 43021, Public Resources Code. Reference: Sections 40508, 41821.5, 42245, 43020 and 43021, Public Resources Code. s 18810.10. Disposal Reporting Due Dates for a Landfill. (a) An operator of a landfill shall send a quarterly report to the agency in which the facility is located as described in sections 18810.9(c), (d), and (e), if applicable. If requested by a jurisdiction, the operator shall also send the quarterly disposal information to the jurisdiction as set forth in section 18810.9(g). An operator 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. (b) An operator of a landfill shall send an annual report on disposal reporting methods to the agency in which the facility is located, as described in section 18810.9(h). An operator shall send this annual report by March 15 for the previous year. An operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18810.4. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18810.11. 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811. Disposal Reporting Requirements for a Transformation Facility. (a) Sections 18811.1 through 18811.11 establish the requirements for a transformation facility as follows: (1) Signage at a Transformation Facility Section 18811.1 (2) Scales and Weighing Requirements at a Transformation Facility Section 18811.2 (3) Training Requirements for a Transformation Facility Section 18811.3 (4) Transformation Facility Records: Retention, Access, and Investigations Section 18811.4 (5) Identifying Jurisdiction of Origin Section 18811.5 (6) Frequency of Origin Surveys Section 18811.6 (7) Determining Origin of Waste at a Transformation Facility Section 18811.7 (8) Applicability of Alternative Reporting Systems Section 18811.8 (9) Transformation Facility Disposal Reports: Content, Timing, and Distribution Section 18811.9 (10) Disposal Reporting Due Dates for a Transformation Facility Section 18811.10 (11) Non-compliance Section 18811.11 Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.1. Signage at a Transformation Facility. (a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18811.6(a) or (b). (b) The sign may include the following: (1) "State law requires information on where your waste is from. Be prepared to provide it to the attendant." or (2) "Be prepared to tell the attendant where your waste is from." or (3) Other wording reasonably similar to the wording in subsection (1) or (2). (c) The sign may be translated into additional languages, including but not limited to Spanish. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.2. Scales and Weighing Requirements at a Transformation Facility. (a) An operator of a transformation facility shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (b). If a transformation facility's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (b) until the scales are back in operation. (b) For all solid waste that a transformation facility operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a transformation facility shall meet the following guidelines: (1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the transformation facility and/or all types of loads hauled to the facility. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads. (2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the transformation facility's annual report of disposal reporting methods as set forth in 18811.9(f). (3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board review staff upon request pursuant to section 18811.4. (4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors. (c) An operator of a transformation facility may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. An operator shall submit a request to implement an alternative weighing system to the Board as set forth in subsections (d) through (g). (d) A transformation facility operator's request to implement an alternative weighing system shall include the following minimum information: (1) transformation facility name, (2) transformation facility Solid Waste Information System (SWIS) number, (3) transformation facility address, (4) operator name, (5) operator mailing address, (6) operator telephone number, (7) operator email address, if available, (8) justification for the alternative weighing system, such as use of off-site scales, (9) annual average weight (or annual average volume) of waste accepted per day of operation, and (10) volumetric conversion factors to be used to estimate weight. (e) Prior to submitting a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including: (1) haulers that dispose of waste at the transformation facility, (2) the agency in which the transformation facility is located, (3) jurisdictions that dispose of waste at the transformation facility, and (4) the Local Task Force established pursuant to section 18761 of this Division. (f) An operator shall send a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request. (g) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board. (h) If subsequent to an approval of a request to implement an alternative weighing system, the Board determines a transformation facility no longer meets the criteria of this section, the Board may rescind the approval. (i) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.3. Training Requirements for a Transformation Facility. (a) An operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees' job duties. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.4. Transformation Facility Records: Retention, Access, and Investigations. (a) An operator 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 agency in which the transformation facility is located pursuant to section 18811.9(b). (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, 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 operator 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 operator shall make the records promptly available for inspection. The operator 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 operator 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 operator 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 operator 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 operator 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 operator 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.5. Identifying Jurisdiction of Origin. (a) When required by this Article: (1) An 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, 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 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 an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.6. Frequency of Origin Surveys. (a) At all permitted transformation 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 transformation 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 transformation 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 transformation 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.7. Determining Origin of Waste at a Transformation Facility. (a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18811.6. (b) During the entire quarter, an operator who sends solid waste to another facility within California shall provide the operator of that facility with the jurisdiction of origin for all material in each load identified by the receiving operator as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material based on actual daily tonnage. An operator shall also inform a receiving operator of the type or types of material being supplied. (c) For each load received during the entire quarter, an operator shall track tons of each of the following types of solid waste that underwent transformation, allocated to each jurisdiction: (1) C&D debris/inert debris, (2) designated waste, by material type, and (3) disaster waste. (d) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information: (1) the jurisdiction of origin of the waste as set forth in 18811.5, and (2) other additional information that the operator has determined will ensure that jurisdiction of origin information provided is accurate. (e) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b). (f) If a transformation facility accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction. (g) If an attendant is not present during regular hours of operation, and one cannot be present for the origin survey period set forth in section 18811.6, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as "no attendant host assigned" waste. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e). (h) If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as "host assigned" waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18811.11. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e). (i) If a transformation facility that conducts continuous daily origin surveys as set forth in section 18811.6(a) accepts solid waste from more than one jurisdiction, then the operator shall assign the waste based on the actual jurisdiction of origin information reported by haulers and station operators. If a transformation facility also conducts origin surveys for uncompacted loads of 12 cubic yards or less during at least a one-week per quarter survey period, the operator shall estimate the amount of waste assigned to each jurisdiction as described in subsection (k) and add these tonnage allocations to the tonnage allocations that were based on daily origin survey information. (j) If a transformation facility in a rural jurisdiction accepts solid waste from more than one jurisdiction and only conducts origin surveys during one week per quarter as set forth in section 18811.6(b), the operator shall do the following steps in order: (1) Obtain information on the jurisdiction(s) of origin for each load of waste delivered to the facility on the dates set in section 18811.6(b). Example: Four loads delivered during the survey week. Load 1 = 5 tons from City A Load 2 = 5 tons from City B Load 3 = 10 tons from City C Load 4 = 5 tons from City B (2) Calculate the tons of solid waste assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility. Example: City A = 5 tons (Load 1) City B = 10 tons (Load 2 + Load 4) City C = 10 tons (Load 3) (3) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons from paragraph (2) by the total tons of solid waste for the survey period. Example: 25 tons delivered during the survey week. City A = 5 tons/25 tons = 0.2 (20%) City B = 10 tons/25 tons = 0.4 (40%) City C = 10 tons/25 tons = 0.4 (40%) (4) Calculate the number of tons of solid waste that underwent transformation from each jurisdiction during the quarter by multiplying the percentage from paragraph (3) with the total tons of solid waste that underwent transformation in each quarter. Example: 1000 tons of solid waste underwent transformation during the quarter. City A = 0.2 x 1000 tons = 200 tons City B = 0.4 x 1000 tons = 400 tons City C = 0.4 x 1000 tons = 400 tons (k) If an operator conducts origin surveys of each uncompacted load of solid waste with a volume of 12 cubic yards or less during a one-week survey period each quarter pursuant to section 18811.6(c), then the operator shall calculate the estimated tons of solid waste delivered in these loads from each jurisdiction for the quarter. The calculated tonnage allocations shall be based on the actual origin information reported by haulers during the survey period. The operator shall do the following steps in order. (1) Obtain information on the jurisdiction(s) of origin for each uncompacted load with a volume of 12 cubic yards or less delivered to the transformation facility on the dates set forth in section 18811.6(c). Example: Four uncompacted loads of 12 cubic yards or less delivered during the survey week. Load 1 = 0.5 ton from City A Load 2 = 0.5 ton from City B Load 3 = 0.5 ton from City C Load 4 = 0.5 ton from City B (2) Calculate the tons of solid waste delivered in uncompacted loads of 12 cubic yards or less assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility. Example: City A = 0.5 ton (Load 1) City B = 1 ton (Load 2 + Load 4) City C = 0.5 ton (Load 3) (3) Calculate the percentage of solid waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of solid waste delivered in uncompacted loads of 12 cubic yards or less during the survey week. Example: 2 tons delivered in uncompacted loads of 12 cubic yards or less during the survey week. City A = 0.5 ton/2 tons = 0.25 (25%) City B = 1 ton/2 tons = 0.5 (50%) City C = 0.5 ton/2 tons = 0.25 (25%) (4) Calculate the number of tons delivered in uncompacted loads of 12 cubic yards or less that underwent transformation from each jurisdiction during the quarter by multiplying the percentages from paragraph (3) with the total tons of solid waste that underwent transformation during the quarter that were delivered in uncompacted loads of 12 cubic yards or less. Example: 100 tons were delivered in uncompacted loads of 12 cubic yards or less and underwent transformation during the quarter. City A = 0.25 X 100 tons = 25 tons City B = 0.5 X 100 tons = 50 tons City C = 0.25 X 100 tons = 25 tons Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.8. Applicability of Alternative Reporting Systems. (a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.9. Transformation Facility Disposal Reports: Content, Timing, and Distribution. (a) An operator shall track the total tons of solid waste accepted by the facility and sent off-site for reuse, recycling, or composting. (b) An operator shall provide the following quarterly information to the agency in which the facility is located. An operator shall keep copies of the quarterly information and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18811.4. An operator shall report, by jurisdiction of origin (including host assigned jurisdiction of origin, if applicable), information on the amounts and types of all solid waste specified in this subsection. The operator shall report: (1) the facility name and Solid Waste Information System (SWIS) number, (2) the reporting quarter and year, (3) the total tons of solid waste accepted at the facility, (4) the total tons of each type of material from each jurisdiction identified for potential reuse as: (A) alternative daily cover, and (B) alternative intermediate cover, (5) the total tons from each jurisdiction that underwent transformation, and (c) An operator shall provide quarterly summary information to the agency in which the facility is located. The summary information shall include: (1) the total tons of solid waste accepted at the facility, (2) the total tons of solid waste identified for potential reuse, separated as follows: (A) the total tons of each type of alternative daily cover, (B) the total tons of each type of alternative intermediate cover, and (C) the total tons of each type of other beneficial reuse material, (3) the total tons of other solid waste sent off-site for reuse, recycling, or composting, (4) the total tons of all solid waste that underwent transformation, (5) the total tons of untreated ash resulting from the transformation process, and (6) a brief summary of the methods used to determine the jurisdictions of origin. (d) The operator shall provide the quarterly information in subsections (b) and (c) to the agency by the due dates in section 18811.10. (e) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18811.10. In lieu of sending quarterly disposal information directly to a jurisdiction, an operator 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. In addition to the amounts reported in subsection (b)(3) through (5), a jurisdiction's request for quarterly information may include: (1) the total tons of each type of material identified as other potential beneficial reuse material (excluding alternative daily cover and alternative intermediate cover), (2) the total tons of C&D debris/inert debris that underwent transformation, (3) the total tons of each type of designated waste that underwent transformation, and (4) the total tons of disaster waste that underwent transformation. (f) An operator shall send an annual report on disposal reporting methods to the agency in which the facility is located. An operator shall send the annual report by the due date in section 18811.10. An operator shall keep a copy of the annual report in the facility's records pursuant to section 18811.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following: (1) the facility name and Solid Waste Information System (SWIS) number, (2) operator name, (3) operator mailing address, (4) operator telephone number, (5) operator email address, if available, (6) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors in compliance with section 18811.2(b)(1), (7) the frequency of each type of origin survey, (8) the percentage of the total tons of waste that underwent transformation assigned to each jurisdiction that was based on: (A) origin information collected during a one-week per quarter survey period as allowed in section 18811.6(b) or (c), if applicable, and (B) volumetric conversion factors rather than actual weight measurements, (9) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers, (10) the method(s) used to verify origin information, if applicable, (11) any restrictions on which jurisdictions may use the facility, (12) any differences in transformation facility tipping fees based on jurisdiction of origin, (13) a listing or description of the computer program(s) or method used to track waste tonnage and origin information, (14) the method(s) used to track C&D debris/inert debris loads, if applicable, (15) the designated waste types accepted and method(s) of tracking designated wastes, if applicable, (16) the method(s) used to track disaster waste loads, if applicable, (17) the final disposition of ash resulting from the transformation process, including the method of ash diversion, if applicable, and (18) the days and hours of operation, including all significant variations in the schedule during the reporting year. (g) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18811.4). An operator 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.10. Disposal Reporting Due Dates for a Transformation Facility. (a) An operator of a transformation facility shall send a quarterly report to the agency in which the facility is located as described in sections 18811.9(b) and (c). If requested by a jurisdiction, the operator shall also send a quarterly report to the jurisdiction as set forth in section 18811.9(e). An operator shall send the report by May 31 for the first quarter, August 31 for the second quarter, November 30 for the third quarter, and February 28 for the fourth quarter of the previous year. (b) An operator of a transformation facility shall send an annual report on disposal reporting methods to the agency in which the facility is located, as described in section 18811.9(f). An operator shall send this annual report by March 15 for the previous year. An operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18811.4. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18811.11. 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. Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 for an Agency 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18812.1. Signage for an Agency. (Not applicable) s 18812.2. Scales and Weighing Requirements for an Agency. (Not applicable) Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Sections 40502, 41781.3 and 41821.5, Public Resources Code. Reference: Sections 40508 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18813.1. Signage for a Jurisdiction. (Not applicable) s 18813.2. Scales and Weighing Requirements for a Jurisdiction. (Not applicable) s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 18813.7. Determining Origin of Waste for a Jurisdiction. (Not applicable) s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41821.5, Public Resources Code. s 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 Information Information Due Information Due from from Stations to Due from Stations to Landfills and Reports Due Haulers Other Transformation from Districts Quarter to Facilities Stations Facilities to Facilities ______________________________ First: Apr. 15 Apr. 30 May 15 See section Jan. 1-Mar. 31 18814.10 ______________________________ Second: Jul. 15 Jul. 31 Aug. 15 See section Apr. 1-Jun. 30 18814.10 ______________________________ Third: Oct. 15 Oct. 31 Nov. 15 See section Jul. 1-Sep. 30 18814.10 ______________________________ Fourth: Jan. 15 Jan. 31 Feb. 15 See section Oct. 1-Dec. 31 18814.10 ______________________________ Table 2: Reports to Agencies, the Board, and Jurisdictions Notifications Reports Due Export Reports Due from Due from from Reports Reports Agencies to Landfills Due Due the Stations to and Transfor- from from Dis- Board and mation Haulers tricts Quarter Agencies* Facilities to and Stati- to Agenc- Jurisdicti- Agencies* ons* ies* ons ____________________________ First: Jun. 15 Jun. 15 Jun. 15 Jun. 15 Jul. 15 Jan. 1-Mar. 31 ____________________________ Second: Sep. 15 Sep. 15 Sep. 15 Sep. 15 Oct. 15 Apr. 1-Jun. 30 ____________________________ Third: Dec. 15 Dec. 15 Dec. 15 Dec. 15 Jan. 15 Jul. 1-Sep. 30 ____________________________ Fourth: Mar. 15** Mar. 15** Mar. 15 Mar. 15 Apr. 15 Oct. 1-Dec. 31 ____________________________ * 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code. s 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 District 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 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 cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code. s 18827. Scope and Purpose. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18828. Definitions. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18829. Adjustment Factor Sources. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18830. Adjustment Method Calculation. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. s 18831. Reporting Requirements. Note: Authority cited: Sections 40502 and 41780.1, Public Resources Code. Reference: Sections 41780.1, 41780.2, 41781 and 41821, Public Resources Code. Appendix A Table of Contents 1. CIWMB 36 State of California Oil Recycling Program Fee Exemption Certificate 2. CIWMB 57 Plastic Trash Bag Manufacturer Certification 3. CIWMB 58 Plastic Trash Bag Wholesaler Certification 4. CIWMB 60 Waste Tire Hauler Registration Application 5. CIWMB 61 Waste Tire Hauler Bond 6. CIWMB 62 Waste Tire Hauler Manifest 7. CIWMB 81 Registration Permit 8. CIWMB 83 Registration Permit Application 9. CIWMB 90 Standardized Contaminated Soil Solid Waste Facilities Permit 10. CIWMB 140 Trust Agreement 11. CIWMB 141 Performance Bond 12. CIWMB 142 Financial Guarantee Bond 13. CIWMB 143 Irrevocable Letter of Credit for Closure Costs 14. CIWMB 144 Enterprise Fund for Financial Assurances 15. CIWMB 145 Trust Agreement 16. CIWMB 146 Certificate of Liability Insurance 17. CIWMB 147 Liability Insurance Endorsement 18. CIWMB 148 Certificate of Self-Insurance and Risk Management 19. CIWMB 149 Instructions for the Letter from the Chief Financial Officer Financial Means Test for Liability 20. CIWMB 150 Corporate Guarantee 21. CIWMB 173 Retreader Self-Certification 22. CIWMB 180 Retreader Trip Log 23. CIWMB 203 Comprehensive Trip Log and Receipts 24. CIWMB 204 Unregistered Hauler & Comprehensive Trip Log Substitution Form 25. CIWMB 303 Household Hazardous Waste Collection Information for Fiscal Year____/____ 26. CIWMB 306 Application Cover Sheet 27. CIWMB 430 Newsprint Consumer Certification 28. CIWMB 500 Waste Tire Facilities Permit Application 29. CIWMB 501 Waste Tire Facilities Operation Plan 30. CIWMB 502 Waste Tire Facilities Environmental Information 31. CIWMB 503 Waste Tire Facilities Emergency Response Plan 32. CIWMB 504 Waste Tire Facilities Closure Plan 33. CIWMB 607 Voluntary Residual Percentage reporting Form 34. CIWMB 634 Farm and Ranch Solid Waste Cleanup and Abatement Grant - Application Cover Sheet 35. CIWMB 635 Farm and Ranch Solid Waste Cleanup and Abatement Grant - Site Characterization Form 36. CIWMB 643 Clean Up Plan 37. CIWMB 647 Uniform Waste and Used Tire Manifest 38. CIWMB 648 Uniform Waste and Used Tire Trip Log 39. CIWMB 1000 Notice of Designation of Local Agency 40. CIWMB 5000 Standardized Composting Permit s 18900. Scope. (a) Regulations contained herein are promulgated pursuant to Public Resources Code Article 2.5 of Chapter 2 of Part 7 of Division 30. The regulations implement the Solid Waste Cleanup Program, a program for the cleanup of solid waste at disposal sites and solid waste at codisposal sites where the responsible party(ies) either cannot be identified or is unable or unwilling to pay for timely remediation and where cleanup is needed to protect public health and safety and/or the environment. (b) In implementing this program the Board is vested, in addition to its other powers, with all the powers of an enforcement agency under Division 30 of the Public Resources Code. (c) In administering the program authorized by Public Resources Code section 48020 et seq. the Board may: (1) Expend funds directly for remedial action; (2) Provide loans to responsible parties who demonstrate the ability to repay state funds for remedial actions on solid waste disposal sites and codisposal sites; (3) Provide matching grants to public entities for remedial actions on solid waste disposal sites and codisposal sites; and (4) Provide grants to public entities for the abatement of illegal disposal sites. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48021(b), 48021(c) and 48023(b), Public Resources Code. s 18901. Definitions. For the purposes of this Chapter: (a) "Abandoned site" means a site where no responsible party can be identified or located. (b) "Agreement" means a memorandum of understanding between the Board and a local government. (c) "Applicant" means a person or an entity applying for a loan, matching grant, grant, or remediation managed by the California Integrated Waste Management Board. (d) "Board" means the California Integrated Waste Management Board. (e) "Borrower" means an applicant whose loan application has been approved and who has executed a loan agreement. (f) "Closed site," means a disposal site that has ceased accepting waste and was closed in accordance with applicable statutes, regulations, and local ordinances in effect at the time. (g) "Codisposal site" means a hazardous substance release site listed pursuant to section 25356 of the Health and Safety Code where the disposal of hazardous substances, hazardous wastes, and solid waste have occurred. (h) "Grant recipient" means an applicant whose grant application has been approved and who has executed a grant agreement pursuant to Public Resources Code section 48021(b). (i) "Illegal disposal site" means: (1) A site where unauthorized disposal of solid waste has taken place to the extent that cleanup may be required to protect public health and safety and/or the environment, and (2) The site is not permitted and not exempt from obtaining a permit and is not closed or excluded from the requirement to obtain a Solid Waste Facilities Permit. (j) "Local government" means a local public entity that is a county, city, district, or any other political subdivision deemed eligible by the Board, but does not include the State. (k) "Nuisance" includes anything which is injurious to human health or is indecent or offensive to the senses and interferes with the comfortable enjoyment of life or property, and affects at the same time an entire community, neighborhood, household or any considerable number of persons although the extent of the annoyance or damage inflicted upon an individual may be unequal and which occurs as a result of the storage, removal, transport, processing or disposal of solid waste. (l ) "Order" means an enforcement action taken by the enforcement agency or the board in the form of issuing a notice and order, a cease and desist order, cleanup or abatement order, or a corrective action order as authorized by Section 18304. (m) "Person" includes an individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, public or private school, college, or university, or any other entity whatsoever. (n) "Remedial action" means any action to abate, prevent, minimize, stabilize, mitigate, or eliminate a threat to public health and safety and/or the environment. (o) "Repayment amount" means the amount equal to the amount expended by the Board for cleanup, the Board's cost of contract administration, and an amount equal to the interest that would have been earned on the funds expended for cleanup. (p) "Responsible party" means: (1) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; 0county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law, who at the time of disposal of any solid waste owned the property; (2) The present owner or operator of the site at which solid waste has been deposited; (3) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who by contract or agreement disposed and/or transported solid waste to the site, or who otherwise arranged for the transportation to and/or disposal of solid waste at the site; (4) Any individual person; trust; firm; joint stock company; Native American tribe; corporation, including a government corporation; partnership; joint venture; association; city; county; district; the state, including any department or agency thereof; or any department or agency of the United States to the extent authorized by federal law who was the owner or custodian of the solid waste that was deposited on the site. (5) The term "responsible party," as defined above, may only be construed within the context of this Article and Public Resources Code sections 48020 et seq. and shall not be interpreted under any other local, state, or federal statute. (q) "Responsible party is unable to pay" means: (1) The responsible party does not currently, have the financial ability, as verified by independent audit, financial statements, or other documentation acceptable to Board, to pay the costs of remediation necessary to protect the public health and safety and/or the environment; or (2) The responsible party does not have the legal power or authority to perform required site cleanup. (r) "Responsible party is unwilling to pay" means: the responsible party has financial ability to pay for the costs of remediation necessary to protect public health and safety and/or the environment, has been issued an enforcement order to perform remediation, and has refused to comply with the order. (s) "Responsible party cannot be identified," means the responsible party cannot be identified or found after a search of public records, investigation, and consultation with other enforcement agencies. (t) "Threat" or "threaten" means a condition creating a probability of substantial harm, when the probability and potential extent of harm make it reasonably necessary to take immediate action to prevent, reduce, or mitigate damages to persons, property, natural resources, or the public health or safety. (u) "Trust fund" means the Solid Waste Disposal Site Cleanup Trust Fund created pursuant to Public Resources Code section 48027 of Article 2.5 of Chapter 2 of Part 7 of Division 30. (v) "Surplus Money Investment Fund" means the fund in which excess state moneys are invested until the money is needed for its intended purpose. The fund is administered by the state treasurer's office. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18902. Site Eligibility. Candidate sites may be eligible for funding if: (a) The site is a solid waste disposal site, codisposal site, or illegal disposal site as defined in Section 18901; (b) The responsible parties, either cannot be identified, located, or is unable or unwilling to pay for timely and proper remediation; and (c) Remedial action is required to protect public health and safety and/or the environment. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(c), Public Resources Code. s 18903. Site Prioritization. (a) The Board shall prioritize sites for eligibility based on the following factors: (1) The actual or potential degree of risk to public health and safety and/or the environment posed by conditions at the site as determined by a comparison with state minimum standards (27 CCR, Chapter 3, Subchapter 4, commencing with section 20510 and Subchapter 5, commencing with section 21099. (2) The ability of the site owner and or responsible parties to promptly and properly remediate the site without monetary assistance; (3) The ability of the Board to adequately remediate the site with available funds; (4) The amount of contributions of money and/or in-kind services from local governments and responsible parties; (5) The availability of other appropriate federal or state enforcement and/or cleanup programs to remediate the site. (6) The ability to obtain site access for the proposed remediation. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020(b) and 48021(a), Public Resources Code. s 18904. Eligible and Ineligible Remedial Actions. (a) Remedial actions taken pursuant to the Solid Waste Cleanup Program shall, to the extent practicable, contribute to the efficient performance of any anticipated long-term remedial action with respect to the specific threat to public health and safety and/or the environment addressed under the program. (b) Remedial actions that are appropriate for the use of funds include, but are not limited to: waste removal and disposal; security measures such as fences and warning signs; drainage controls; slope and foundation stabilization; excavation, consolidation, and capping of waste areas; field and laboratory testing; and installation of landfill gas and leachate control systems. This list is not exhaustive and shall not prevent the Board from taking other necessary and appropriate actions and does not create a duty on the Board to take action at any particular time. (c) Ineligible actions include, but are not limited to: closure as defined in Section 20164 of Title 27, Division 2 of the California Code of Regulations; ground water remediation; operation and maintenance of leachate, surface water, or vadose zone monitoring systems; closure and postclosure maintenance services; improvements to property for postclosure land uses; preparation of closure or postclosure maintenance plans; removal, abatement, and cleanup or otherwise handling of only hazardous substances as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 [42 U.S.C. section 9601(14)] not codisposed with nonhazardous solid waste. (d) The remediation of landfill or disposal site fires pursuant to this chapter will only be eligible in situations where the fire is remediated as one part of a project approved by the Board under the applicable criteria for any other project approved for remediation under this program. (e) Eligible activities regarding emergency actions at disposal sites pursuant to this chapter include technical assistance to local emergency response agencies. The Board may consider approval of funding of final site remediation pursuant to this chapter after the emergency response if all other applicable criteria are met. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18905. Purpose. (a) The Board may make loans directly from the trust fund to local government to assist in site remedial actions. The loans shall be used to assist the Board in complying with Public Resources Code section 48020 et seq. (b) The regulations contained in this Article set forth the requirements to apply for and receive loan funds from the trust fund. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18906. Loan Eligibility. (a) Loans are available only to local governments that demonstrate: (1) The site remediation is needed to protect public health and safety and/or the environment; and (2) The ability to repay the loan and to pay for costs of remediation that exceeds the loan amount. (b) Loan funds may be used only for those eligible costs pursuant to Section 18904. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18907. Loan Requirements. Loans made pursuant to this Article shall be subject to the following requirements: (a) The terms of any approved loan shall be specified in a loan agreement between the borrower and the Board. Notwithstanding any term of the agreement, any recipient of a loan that the Board approves shall repay the principal amount plus interest on the basis of the rate of return for money in the Surplus Money Investment Fund at the time of the loan. (b) The Board shall not finance more than one million dollars ($1,000,000) per site. (c) The term of any loan made pursuant to this Article shall be not more than 20 years. (d) The money from any loan repayments and fees, including, but not limited to, principal and interest payments, fees and points, administrative fees, recovery of collection costs, income earned on any asset recovered pursuant to a loan default, and funds collected through foreclosure actions shall be deposited in the trust fund. (e) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code. s 18908. Loan Application Process. (a) Applications from local governments for loan funds shall be accepted on a continuous basis. (b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information: (1) A copy of the grant deed with legal description. The applicant must be the owner or co-owner of the site, or the Sponsor (e.g. Redevelopment Agency) of eligible cleanup of privately owned or leased lands within their jurisdiction. (2) Substantiation of threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports. (3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. (4) A document showing compliance with the California Environment Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration or Environment Impact Report). (5) Demonstrate the need for the requested loan funds by attaching the applicant's annual financial operating statements for the last three years and interim (within 90 days) independent audits, and other evidence of financial condition. Each statement must be certified by the original signature of the person completing the application. (6) Identify and provide evidence of sources of funds to repay the loan and pay for site cleanup costs that exceed the loan amount, certified by the original signature of the person completing the application. In lieu of collateral, the applicant must identify a guaranteed revenue source which will be dedicated to repay the loan. (7) A copy of an adopted resolution from the governing board or council authorizing submittal of the application, certifying availability of local funds needed to complete the cleanup, and identifying the title and name of the individual authorized to execute any agreements, contract, and requests for payment to carry out the project. (8) Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the loan applicant to act on their behalf. (9) Name, address, telephone number, and fax number of the applicant (c) All materials submitted shall become property of the Board and will be retained for a minimum of three years. (d) Documents required in subsection (b) of this section shall be submitted to the principal place of business of the California Integrated Waste Management Board. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18909. Preliminary Review of Loan Applications. Upon receipt, Board staff shall review each local government application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the local government with one of the following responses: (a) The local government application is incomplete with specification of the steps, if any, that the applicant may take to correct the identified deficiencies. Applications that fail to supply the required information shall be rejected from consideration for a loan; or (b) The applicant is ineligible for a loan pursuant to Section 18906 of this Article; or (c) The applicant is eligible for a loan pursuant to Section 18906 of this Article, the application is complete, and the application shall be evaluated by Board staff. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18910. Review of Complete Loan Applications and Board Approval. Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete: (a) The source of repayment is sufficient for the requested loan amount; and (b) The applicant has adequately demonstrated the appropriateness of the loan for use in the project as specified pursuant to Section 18906(c) of this Article. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18911. Loan Agreement. (a) If the Board approves the loan, the applicant and the Board shall enter into a written loan agreement that identifies and ensures compliance with the terms and conditions specified in Section 18907 of this Article and any other special conditions or terms that the Board deems necessary on a case-by-case basis. (b) All funds shall be disbursed and repaid pursuant to the terms of the loan agreement. (c) The borrower shall obtain prior written approval from the Board, or its designated representative, for any changes in the loan agreement. All requests shall include a description of the proposed change(s) and the reason(s) for the change(s). Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18912. Financial Condition Notification. (a) During the application process and any time thereafter, it shall be the responsibility of the applicant or borrower to immediately notify the Board of any change in financial condition that would make them: (1) Financially able to perform remedial action without Trust Funds; or (2) Unable to repay the loan; or (3) Unable to pay for remedial action costs that exceed the loan amount. (b) Any such changes in conditions or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18913. Purpose. (a) The Board may make grants directly from the trust fund to public entities to assist in site remediation actions. Grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq. (b) The regulations contained in this Article set forth the requirements to apply for and receive grant funds from the trust fund. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code. s 18914. Grant Eligibility. (a) Grants are available to public entities that demonstrate the following: (1) The illegal disposal site remedial action is necessary to protect public health and safety and/or the environment; and (2) The public entity is authorized by resolution of their local governments to file an application with the Board for grant funds and enter into and execute a grant agreement. (b) Grants to public entities may only be used for remedial actions at illegal disposal sites within their jurisdiction. (c) Grant funds may be used only for those eligible costs pursuant to Section 18904. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code. s 18915. Grant Requirements. Grants made pursuant to this Article shall be subject to the following requirements: (a) The terms of any approved grant shall be specified in a grant agreement between the grant recipient and the Board. (b) The Board shall not finance more than five hundred thousand dollars ($500,000) per site. (c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code. s 18916. Grant Application Process. (a) Applications for grant funds shall be accepted on a continuous basis. (b) Public entities with eligible sites shall submit an application package which shall include but is not limited to the following information: (1) Name of the site owner and a copy of the owner's grant deed with legal description. (2) Substantiation of actual or potential threat to public health and safety or the environment by attaching applicable regulatory agency investigation documents or enforcement orders, solid waste assessment tests (SWAT) reports, or certified environmental assessment reports. (3) Preliminary Work Plan and Cost Estimate prepared by a registered civil engineer. If local government resources to be reimbursed with grant funds are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, Force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment or subcontractors will not be allowed. (4) Proof of Compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report). (5) Evidence of owner's inability to pay for cost of site cleanup (e.g. owner cannot be identified or found, owner is unable to pay for site cleanup). Attach a copy of report of records search, financial statements or audits of owner, and other documents to substantiate need. (6) A copy of the adopted resolution from the governing board or council authorizing the public entity to file an application and enter into and execute a grant agreement, and naming the title of the individual authorized to execute any agreements, contracts, and requests for payment. (7) Name, address, telephone number, fax number of the applicant. All materials submitted shall become the property of the Board and will be retained for a minimum of three years. (c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18917. Preliminary Review of Grant Applications. Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses: (a) The application is incomplete with specification of the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of such notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant. (b) The applicant is ineligible for a grant based on failure to meet criteria under Section 18914 of this Article; or (c) The applicant is eligible for a grant pursuant to Section 18914 of this Article, that the application is complete, and that the application shall be evaluated by Board staff. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18918. Review of Complete Grant Applications and Board Approval. Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete: (a) The Local Enforcement Agency shall provide ongoing inspection and enforcement action to prevent recurring use of the illegal disposal site; (b) The applicant has adequately demonstrated the appropriateness of the grant for use in the project as specified pursuant to Section 18904 of this Chapter; and (c) If the applicant is other than the Local Enforcement Agency, a copy of the complete application shall be sent to the Local Enforcement Agency's office. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code. s 18919. Grant Agreement. (a) If the Board approves the grant, the applicant and the Board shall enter into a written grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18915 and any other special conditions or terms that the Board may deem necessary. (b) All funds shall be disbursed pursuant to the terms of the grant agreement. (c) The grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s). (d) The Board may terminate any grant in whole, or in part, at any time prior to the date of completion whenever it is determined by the Board that the recipient has failed to comply with the terms of the grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the grant and the effective date of the termination within five working days of the determination to terminate. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18920. Purpose. (a) The Board may make matching grants directly from the trust fund to public entities to assist in site remedial actions. The grants shall be used to assist the Board in complying with Public Resources Code section 48020 et seq. (b) The regulations contained in this Article set forth the requirements to apply for and receive matching grant funds from the trust fund. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18921. Matching Grant Eligibility. (a) Matching grants are available only to public entities that demonstrate the following: (1) The site remedial action is needed to protect public health and safety and/or the environment; and (2) The ability to pay the costs of remedial action that exceed the grant amount. (b) Matching grant funds may be used only for those eligible costs pursuant to Section 18904. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18922. Matching Grant Requirements. Matching grants made pursuant to this Article shall be subject to the following requirements: (a) The terms of any approved grant shall be specified in a matching grant agreement between the matching grant recipient and the Board. (b) The Board shall finance up to and not more than 50 percent of the cost of any project up to a maximum of seven hundred and fifty thousand dollars ($750,000) per site. (c) The Board or the Department of Finance may audit the recipient's records regarding moneys received pursuant to this Article. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48027(c)(3), Public Resources Code. s 18923. Matching Grant Application Process. (a) Applications for matching grant funds shall be accepted on a continuous basis. (b) Jurisdictions with eligible sites shall submit an application package which shall include but is not limited to the following information: (1) A copy of the grant deed with legal description. (2) Substantiation of threat to public health and safety or the environment. Attach applicable regulatory investigations or enforcement orders, solid waste assessment test (SWAT) reports, or certified environmental assessment reports. (3) A detailed Scope of Work and Cost Estimate prepared by a registered civil engineer. Cost of eligible and ineligible work must be itemized separately. If local government resources to be reimbursed under this grant agreement are proposed for site cleanup, costs shall be determined in accordance with procedures in State Department of Transportation Standard Specifications Section 9-1.03, force Account Payment, except that overhead and profit markups to direct cost of labor, materials, equipment, or subcontractors will not be allowed. (4) Proof of compliance with the California Environmental Quality Act (e.g. Notice of Exemption, Initial Study/Negative Declaration, or Environmental Impact Report). (5) Demonstration of need for requested grant funds. Attach applicant's annual financial operating statements for last three years, independent audits, and other evidence of financial conditions. (6) Identification of sources of funds to pay for local government match and project costs not eligible for matching grant included in the project. (7) A copy of the approved resolution from the governing board or council authorizing submittal of the application, certifying availability of matching funds and funds for costs not eligible, and the naming title of the individual authorized to execute any agreements, contract, and requests for payment. This authorized individual will be the only person whose signature the Board will recognize. Applications from joint power authorities consisting of several cities and/or counties must include a signed copy of a written agreement between the governing bodies authorizing the grant applicant to act on their behalf. (8) Name, address, telephone number, and fax number of the applicant. All materials submitted will become property of the Board and will be retained for a minimum of three years. (c) Documents required in subsection (b) shall be submitted to the principal place of business of the California Integrated Waste Management Board. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18924. Preliminary Review of Matching Grant Applications. Upon receipt, Board staff shall review each application to determine whether the application is complete. Within thirty (30) days of receiving the application Board staff shall send a letter to the applicant with one of the following responses: (a) The application is incomplete and specifying the deadline and steps, if any, which the applicant may take to correct the identified deficiencies. Following receipt of this notice, applicants that fail to supply the required information or meet any specified deadline shall be rejected from consideration for a grant; or (b) The applicant is ineligible for a matching grant pursuant to Section 18921 of this Article; or (c) The applicant is eligible for a matching grant pursuant to Section 18921 of this Article, that the application is complete, and that the application shall be evaluated by Board staff. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18925. Review of Complete Matching Grant Applications and Board Approval. Upon determination that an application is complete, Board staff shall review each application and prepare a summary of findings. Applications, which meet the following criteria, shall be considered and a decision shall be made by the Board within ninety (90) days of the determination that the application is complete: (a) The applicant's source of payment is sufficient to supply the amount of funds needed that exceed the matching grant amount; and (b) The applicant has adequately demonstrated the appropriateness of the matching grant for use in the project as specified pursuant to Section 18902(c) of this Article. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(c), Public Resources Code. s 18926. Matching Grant Agreement. (a) If the Board approves the matching grant, the applicant and the Board shall enter into a written matching grant agreement that identifies and ensures compliance with the terms and conditions specified in Section 18923 and any other special conditions or terms that the Board may deem necessary on a case-by-case basis. (b) All funds shall be disbursed pursuant to the terms of the grant agreement. (c) The matching grant recipient must obtain prior written approval from the Board, or its designated representative, for any changes in the matching grant agreement. All requests must include a description of the proposed change(s) and the reason(s) for the change(s). (d) The Board may terminate any matching grant in whole, or in part, at any time prior to the date of completion, whenever it is determined by the Board as a whole, that the recipient has failed to comply with the terms of the matching grant agreement. The Board shall notify the recipient in writing of the reasons for the termination of the matching grant and the effective date of the termination within five working days of the determination. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18927. Financial Condition Notification. (a) During the application process and any time thereafter, it shall be the responsibility of the applicant or matching grant recipient to immediately notify the Board of any change in financial condition that would make them either: (1) Financially able to perform remedial action without Trust Funds; or (2) Unable to pay for remedial action costs that exceeds the matching grant amount. (b) Any such changes in conditions and/or failure to notify the Board of any such changes in conditions may nullify eligibility for use of Trust Funds. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18928. Purpose. (a) The Board may decide to expend available moneys to perform any cleanup, abatement, or remedial action work required under the provisions set forth in Section 18904 which is required by the magnitude of the endeavor or the need for prompt action to prevent substantial pollution, nuisance, or injury to public health or safety and/or the environment. The action may be taken in default of, or in addition to remedial work by the responsible parties or other persons and regardless of whether injunctive relief is being sought. (b) The Board may perform the work itself or in cooperation with any other governmental agency. Notwithstanding any other provisions of the law, the Board may enter into oral contracts for that work, and the contracts, whether written or oral, may include provisions for equipment rental and in addition the furnishing of labor and materials necessary to accomplish the work. The contracts are exempt from approval by the Department of General Services pursuant to section 10295 of the Public Contract Code. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18929. Cost Recovery. (a) The Board shall pursue cost recovery for each site remediated with funds in accordance with this chapter unless under limited circumstances where a determination is made by the Board that cost recovery will not be pursued based on factors including but not limited to: publicly owned sites maintained in public benefit and use; property owner did not cause the disposal of waste; property owner did not and will not gain a benefit due to condition of property; value of property significantly less than cost of cleanup; hardship to property owner; and in cases where a responsible party cannot be identified. (b) If a remedial action is taken in the case of threatened pollution or nuisance by the Board and/or any governmental agency, any costs incurred by the Board and/or governmental agency are recoverable from the responsible parties or parties who unlawfully caused such a condition or conditions. Any and all responsible parties are joint and severably liable for any such costs. The amount of those costs shall be recoverable in a civil action by, and paid to, the governmental agency and the Board to the extent of the latter's contribution to the cleanup costs from available funds. (c) Reasonable costs shall include the amount expended, the Board's costs of contract administration, and an amount equal to the interest that would have been earned on the expended funds. The interest rate shall be based on the rate of return for money in the Surplus Money Investment Fund. (d) Any and all responsible parties are joint and severably liable. (e) The entry of judgement against any party to the action does not bar any future action by the Board against any other person who is later discovered to be potentially liable for costs paid from the trust fund. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48023, Public Resources Code. s 18930. Responsible Parties Identification. If, despite reasonable efforts by the Board to locate the person(s) responsible for the condition of pollution or nuisance, the person is not identified at the time of cleanup, abatement, or remedial action work must be performed, the Board shall not be required to issue an order under this Chapter. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code. s 18931. Eligibility. Funds may be used only for those costs eligible pursuant to Section 18904. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Section 48021(b), Public Resources Code. s 18932. Board Approval. Upon determination that a site is eligible pursuant to Section 18904 of this Chapter, the site shall be considered by the appropriate Committee, and if necessary, for final recommendation to the Board for approval within ninety (90) days. Note: Authority cited: Sections 40502 and 48025, Public Resources Code. Reference: Sections 48020 through 48028, Public Resources Code.