Loading (50 kb)...'
(continued)
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. (continued)