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(continued)
(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. (continued)