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(7) the frequency of each type of origin survey,
(8) the percentage of the total tons of waste that underwent transformation assigned to each jurisdiction that was based on:
(A) origin information collected during a one-week per quarter survey period as allowed in section 18811.6(b) or (c), if applicable, and
(B) volumetric conversion factors rather than actual weight measurements,
(9) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers,
(10) the method(s) used to verify origin information, if applicable,
(11) any restrictions on which jurisdictions may use the facility,
(12) any differences in transformation facility tipping fees based on jurisdiction of origin,
(13) a listing or description of the computer program(s) or method used to track waste tonnage and origin information,
(14) the method(s) used to track C&D debris/inert debris loads, if applicable,
(15) the designated waste types accepted and method(s) of tracking designated wastes, if applicable,
(16) the method(s) used to track disaster waste loads, if applicable,
(17) the final disposition of ash resulting from the transformation process, including the method of ash diversion, if applicable, and
(18) the days and hours of operation, including all significant variations in the schedule during the reporting year.
(g) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18811.4). An operator is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18811.10. Disposal Reporting Due Dates for a Transformation Facility.
(a) An operator of a transformation facility shall send a quarterly report to the agency in which the facility is located as described in sections 18811.9(b) and (c). If requested by a jurisdiction, the operator shall also send a quarterly report to the jurisdiction as set forth in section 18811.9(e). An operator shall send the report by May 31 for the first quarter, August 31 for the second quarter, November 30 for the third quarter, and February 28 for the fourth quarter of the previous year.
(b) An operator of a transformation facility shall send an annual report on disposal reporting methods to the agency in which the facility is located, as described in section 18811.9(f). An operator shall send this annual report by March 15 for the previous year. An operator shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18811.4.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18811.11. Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year.
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency.
(c) A hauler or operator may inform the Board if an agency fails to comply with this Article. A hauler or operator shall send written information on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812. Disposal Reporting Requirements for an Agency.
(a) Sections 18812.1 through 18812.11 establish the requirements for an agency as follows:
(1) Signage for an Agency Section 18812.1
(2) Scales and Weighing Requirements for an Agency Section 18812.2
(3) Training Requirements for an Agency Section 18812.3
(4) Agency Records: Retention, Access, and Investigations Section 18812.4
(5) Identifying Jurisdiction of Origin Section 18812.5
(6) Frequency of Origin Surveys Section 18812.6
(7) Determining Origin of Waste for an Agency Section 18812.7
(8) Applicability of Alternative Reporting Systems Section 18812.8
(9) Agency Disposal Reports: Content, Timing, and Distribution Section 18812.9
(10) Disposal Reporting Due Dates for an Agency Section 18812.10
(11) Non-compliance Section 18812.11
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.1. Signage for an Agency. (Not applicable)
s 18812.2. Scales and Weighing Requirements for an Agency. (Not applicable)
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.3. Training Requirements for an Agency.
(a) An agency shall provide training on the disposal reporting system to each disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a report preparer shall cover the content of this Article as it applies to the report preparer's job duties.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.4. Agency Records: Retention, Access, and Investigations.
(a) An agency shall prepare disposal reporting records and shall:
(1) Include all information, methods, and calculations required by this Article.
(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to the Board and jurisdictions pursuant to sections 18812.9(a), (c) and (d).
(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board.
(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies.
(5) Allow representatives of involved jurisdictions, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An agency is not required to provide records of a jurisdiction's disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code.
(A) Upon a request to review records, the agency shall make the records promptly available for inspection. The agency shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor.
(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the agency shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The agency may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate.
(C) If an agency believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the agency shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected.
(b) An agency shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing.
(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information.
(d) If an agency fails to comply with this section, and that failure prevents the Board from accurately determining the agency's level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) An agency shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board.
(3) An agency shall identify waste imported from outside California by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent an agency from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to subsections [e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to subsections [e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county.
(e) If the standard origin survey weeks in subsections (b) and (c) are not representative of disposal activity or facility operation, an agency may request alternative survey weeks that are representative of local conditions. During the alternative survey weeks, every load of solid waste specified in subsections (b) and (c), shall be surveyed to determine jurisdiction of origin. If an agency selects origin survey weeks in addition to the standard survey weeks, the additional weeks shall not require Board staff approval as alternative survey weeks. Continuous origin surveys of every load of solid waste during each day of facility operation includes and exceeds the standard survey week, and shall not require Board staff approval as alternative survey weeks.
(f) Prior to using alternative survey weeks, the agency shall:
(1) Provide at least a 30-day notice of the proposed weeks to, and accept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the agency,
(B) jurisdictions that dispose of waste within the boundaries of the agency, and
(C) Local Task Force established pursuant to section 18761 of this Division.
(2) Submit the responses to comments received and the list of alternative survey weeks to the Board for review and approval. Within 30 working days from receipt of this material, Board staff shall inform the applicant, in writing, that the information provided is complete and accepted for filing, or that the application is deficient and what specific information is required. Board staff shall approve or disapprove of the alternative survey weeks within 60 working days from the date the agency submits a completed package. The agency may appeal the Board staff determination to the Board.
(3) Notify all haulers and operators of approval by Board staff prior to the first alternative survey week.
(g) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.7. Determining Origin of Waste for an Agency.
(a) Nothing in this Article shall prevent an agency from requiring an operator to collect additional information to document waste origin from a hauler based upon its own authority to impose requirements on that operator.
s 18812.8. Applicability of Alternative Reporting Systems.
(a) An agency shall comply with the system of requirements and performance standards set forth in this Article. To implement the performance standards, an agency may require haulers or operators to follow procedures in addition to those set forth in this Article, if necessary to address local conditions.
(b) An agency may set up an alternative reporting system that gathers the required information on the amounts and origins of solid waste, and the amounts and origins of alternative daily cover, alternative intermediate cover, and other beneficial reuse by material type from haulers and operators in a different manner than set forth in sections 18808.7 18808.9, 18809.7, 18809.9, 18810.7, 18810.9, 18811.7 and 18811.9. If a system collects at least the required information, during at least the standard origin survey period set forth in section 18812.6, and the system requires disposal information collected to be reported by the same entities, then the system shall not be considered an alternative system, and shall not require Board staff approval as an alternative system. A system that meets or exceeds all of the minimum requirements using methods specified in this Article, shall not be considered an alternative system, and shall not require Board staff approval as an alternative system. If an agency uses an alternative reporting system, that system shall:
(1) Provide all the information required by this Article.
(2) Provide information as accurate as required by the system in this Article.
(3) Provide landfill disposal information consistent with the number of tons reported to the Board of Equalization that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code.
(4) Comply with all the provisions of sections 18804, 18808.4, 18808.5, 18808.10, 18808.11, 18809.4, 18809.5, 18809.10, 18809.11, 18810.4, 18810.5, 18810.10, 18810.11, 18811.4, 18811.5, 18811.10, 18811.11, 18812.4, 18812.5, 18812.9, 18812.10, 18812.11, 18813.4, 18813.5, 18813.9, 18813.10, 18813.11, 18814.4, 18814.5, 18814.9, 18814.10, and 18814.11 of this Article.
(c) Prior to using an alternative reporting system, the agency shall:
(1) Provide at least a 30-day notice of the proposed system to, and accept and respond to comments from:
(A) haulers and operators of facilities within the boundaries of the agency,
(B) jurisdictions within the boundaries of the agency,
(C) jurisdictions outside the boundaries of the agency that dispose of waste within the boundaries of the agency, and
(D) the Local Task Force established pursuant to section 18761 of this Division.
(2) Submit a description of how the alternative system meets the minimum requirements and include a copy of the responses to comments received, to the Board for review and approval. Within 30 working days from receipt of this material, Board staff shall inform the applicant, in writing, that the information provided is complete and accepted for filing, or that the application is deficient and what specific information is still required. Board staff shall approve or disapprove of the alternative system within 60 working days from the date the agency submits a completed package. The agency may appeal the Board staff determination to the Board.
(3) Notify all haulers and operators of the approval by Board staff prior to using the alternative system.
(d) If subsequent to approval of an alternative reporting system the Board determines an agency no longer meets the criteria of this section, the Board may rescind the approval.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.9. Agency Disposal Reports: Content, Timing, and Distribution.
(a) An agency shall use information provided by operators of landfills to determine quarterly totals for the amounts of solid waste specified in this subsection.
(1) For each permitted landfill located within the agency, an agency shall report:
(A) the facility name and Solid Waste Information System (SWIS) number,
(B) the reporting year and quarter,
(C) the total tons of soil accepted by the landfill and used as cover or for other on-site uses,
(D) the total tons of solid waste accepted at the landfill (excluding soil used on-site),
(E) the total tons of solid waste used on-site, separated as follows:
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover, and
(iii) the total tons of each type of other beneficial reuse material,
(F) the total tons of other solid waste accepted at the landfill and sent off-site for reuse, recycling, or composting,
(G) the total tons of solid waste disposed at the landfill,
(H) either:
(i) the estimated in-place density achieved at the landfill in units of pounds of waste per cubic yard of waste and the estimated waste-to-cover ratio used at the landfill, or
(ii) the airspace utilization factor (tons of waste per cubic yard of landfill airspace), and
(This information shall be included in the quarterly report so that the Board may accurately calculate the remaining capacity of the landfill as well as regional and statewide remaining capacity. It is not the intent of this section to subject a landfill to a Notice of Violation should it subsequently be determined that these estimates are unknowingly inaccurate.)
(I) a brief summary of the methods used to determine the jurisdictions of origin.
(2) For each permitted landfill, located within the agency, an agency shall report the total tons of solid waste allocated to each region, city, and unincorporated county in California and to each state, country, and Indian country from which waste was imported. When applicable, an agency shall also separately report the total tons of waste that were host assigned to a jurisdiction. The agency shall report:
(A) the tons of all solid waste accepted at each landfill (excluding soil used as cover or for other on-site uses),
(B) the tons of solid waste reused on-site at the landfill, separated as follows:
(i) the tons of each type of alternative daily cover used during the quarter, and
(ii) the tons of each type alternative intermediate cover used during the quarter, and
(C) the tons of solid waste disposed at each landfill.
(b) Prior to submitting a quarterly report to the Board, an agency shall verify that the tons of disposal reported by a landfill equal the tons of waste subject to the Integrated Waste Management Fee as reported to the Board of Equalization on the landfill's fee return. If a landfill is not required to report tons disposed to the Board of Equalization as described in sections 18810.9(a)(2) and (3), an agency shall verify that the tons accepted at the facility minus the tons diverted equal the tons reported as disposal.
(c) An agency shall use information provided by operators of transformation facilities to determine quarterly totals for the amounts of solid waste specified in this subsection.
(1) For each permitted transformation facility located within the agency, an agency shall report:
(A) the facility name and Solid Waste Information System (SWIS) number,
(B) the reporting year and quarter,
(C) the total tons of all solid waste accepted at each transformation facility,
(D) the total tons of solid waste identified for potential reuse, separated as follows:
(i) the total tons of each type of alternative daily cover,
(ii) the total tons of each type of alternative intermediate cover, and
(iii) the total tons of each type of other beneficial reuse material,
(E) the total tons of solid waste sent off-site for reuse, recycling, or composting,
(F) the total tons of solid waste that underwent transformation,
(G) the total tons of untreated ash resulting from the transformation process, and
(H) a brief summary of the methods used to determine the jurisdictions of origin.
(2) For each permitted transformation facility located within the agency, an agency shall report the total tons of solid waste allocated to each region, city, and unincorporated county in California and to each state, country, and Indian country from which waste was imported. The agency shall report:
(A) the total tons of all solid waste accepted at each transformation facility,
(B) the total tons of each type of material identified for potential reuse as:
(i) alternative daily cover, and
(ii) alternative intermediate cover, and
(C) tons of solid waste that underwent transformation at each facility.
(d) An agency shall use information provided by public contract haulers and station operators to determine quarterly totals for:
(1) tons exported from California from within the agency, and
(2) tons exported from California from within the agency allocated to each region, individual city, or individual unincorporated county. For each tonnage allocation, an agency shall identify the name of the disposal site and the state, country, or Indian country to which the waste was sent.
(e) An agency shall compile this information using an electronic form developed by the Board, the agency's own electronic form that the Board's computer system is capable of converting, or paper forms. In lieu of sending quarterly disposal information directly to a jurisdiction, an agency may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. An agency shall send this information to:
(1) each California jurisdiction within the agency,
(2) each California jurisdiction outside the agency that uses a facility within the agency,
(3) any region of which the agency is a member, and
(4) the Board.
(f) If an agency does not dispose of solid waste within its boundaries and does not export waste from California from within the agency, the agency shall submit a quarterly report to the Board stating that no waste was disposed within the agency or exported from California from within the agency.
(g) Each year, an agency shall forward to the Board an annual report on disposal reporting methods from each of the facilities within its boundaries.
(h) An agency shall provide the required information by the due dates in section 18812.10.
(i) If an agency receives amended disposal information from a facility operator or a hauler, the agency shall send amended information to the Board and affected jurisdictions according to the schedule set forth in section 18812.10.
(j) An agency shall keep copies of the information reported pursuant to this section and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18812.4. An agency shall also keep a copy of each quarterly station notification received pursuant to section 18809.9(b).
(k) If a hauler or operator does not provide an agency with required information, then the agency shall send written notification to the Board regarding hauler or operator non-compliance as specified in section 18812.11.
Note: Authority cited: Sections 40502, 41781.3 and 41821.5, Public Resources Code. Reference: Sections 40508 and 41821.5, Public Resources Code.
s 18812.10. Disposal Reporting Due Dates for an Agency.
(a) An agency shall send a quarterly report to the Board and affected local governments, as set forth in section 18812.9. In lieu of sending disposal information directly to a local government, an agency may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site.
(1) An agency shall send the quarterly report by July 15 for the first quarter, October 15 for the second quarter, January 15 for the third quarter of the previous year, and April 15 for the fourth quarter of the previous year.
(2) If an agency receives amended disposal information from a facility operator or a hauler, the agency shall send the Board and each affected jurisdiction an amended report for each affected quarter of the previous year. In an amended report, the agency shall highlight or otherwise identify changes from the prior version. The agency shall send the amended report between April 15 and May 15 for the previous year. An agency may not submit amended disposal information to the Board after May 15 for the previous year, unless Board staff specifically request amended information from the agency. The agency shall send amended information to the affected jurisdictions as the information becomes available throughout the year. An agency may send the required amended information to jurisdictions at the time of the next quarterly reporting due date. An agency is not required to send amended information more frequently than once a quarter. An agency is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code.
(b) An agency shall forward an annual report on disposal reporting methods from each of the permitted solid waste facilities within its boundaries to the Board. An agency shall forward the reports by April 15 for the previous year. An agency shall respond to requests for clarification regarding jurisdiction of origin allocations as specified in section 18812.4.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18812.11. Non-Compliance.
(a) A hauler or operator shall inform the agency if a hauler or operator fails to comply with this Article by not providing the operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send written information on specific allegations of non-compliance to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year. The agency shall send written information on specific allegations of non-compliance to the Board no later than 60 working days after receiving information from a hauler or operator. The agency shall also send any additional information it has regarding the allegations of non-compliance in writing.
(b) A hauler or operator may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency. The agency shall forward written information on specific allegations of non-compliance to the Board no later than 60 working days after receiving information from a hauler or operator.
(c) An agency shall inform the Board if a hauler or operator fails to comply with this Article by not providing the agency with information required for the preparation of quarterly disposal reports. The agency shall send written information on specific allegations of non-compliance to the Board by July 15 for the first quarter, October 15 for the second quarter, January 15 for the third quarter of the previous year, and April 15 for the fourth quarter of the previous year.
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813. Disposal Reporting Requirements for a Jurisdiction.
(a) Sections 18813.1 through 18813.11 establish the requirements for a jurisdiction as follows:
(1) Signage for a Jurisdiction Section 18813.1
(2) Scales and Weighing Requirements for a Jurisdiction Section 18813.2
(3) Training Requirements for a Jurisdiction Section 18813.3
(4) Jurisdiction Records: Retention, Access, and Investigations Section 18813.4
(5) Identifying Jurisdiction of Origin Section 18813.5
(6) Frequency of Origin Surveys Section 18813.6
(7) Determining Origin of Waste for a Jurisdiction Section 18813.7
(8) Applicability of Alternative Reporting Systems Section 18813.8
(9) Jurisdiction Disposal Reports: Content, Timing, and Distribution Section 18813.9
(10) Disposal Reporting Due Date Information Section 18813.10
(11) Non-compliance Section 18813.11
(b) If a jurisdiction operates as a waste hauler, the jurisdiction shall also meet the hauler requirements specified in sections 18808.1 through 18808.11.
(c) If a jurisdiction operates as a station operator, the jurisdiction shall also meet the station requirements specified in sections 18809.1 through 18809.11.
(d) If a jurisdiction operates as a landfill operator, the jurisdiction shall also meet the landfill requirements specified in sections 18810.1 through 18810.11.
(e) If a jurisdiction operates as a transformation facility operator, the jurisdiction shall also meet the transformation facility requirements specified in sections 18811.1 through 18811.11.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.1. Signage for a Jurisdiction. (Not applicable)
s 18813.2. Scales and Weighing Requirements for a Jurisdiction. (Not applicable)
s 18813.3. Training Requirements for a Jurisdiction.
(a) A jurisdiction shall provide training on the disposal reporting system to each report preparer and to other employees who must comply with the requirements of this Article. Training for a report preparer shall cover the content of this Article as it applies to the report preparer's job duties.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.4. Jurisdiction Records: Retention, Access, and Investigations.
(a) If a jurisdiction operates as a hauler, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18808.4.
(b) If a jurisdiction operates as a station operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18809.4.
(c) If a jurisdiction operates as a landfill operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18810.4.
(d) If a jurisdiction operates as a transformation facility operator, then the jurisdiction shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18811.4.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:
(1) A jurisdiction that operates as a hauler or operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region.
(2) If expressly allowed by the region, a jurisdiction that operates as a hauler or operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board.
(3) A jurisdiction that operates as a hauler or operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin.
(b) Nothing in this Article shall prevent a jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide accurate jurisdiction of origin information.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin.
(c) At all permitted solid waste facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a).
(d) Origin surveys are not required if:
(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or
(2) a city or county in which a facility is located authorizes the facility operator to assign all waste tonnage to that city or county.
(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.7. Determining Origin of Waste for a Jurisdiction. (Not applicable)
s 18813.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which a jurisdiction must comply as set forth in section 18812.8.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.9. Jurisdiction Disposal Reports: Content, Timing, and Distribution.
(a) A jurisdiction shall use the information provided by agencies and districts pursuant to this Article to determine the tons of solid waste disposed from January 1 to December 31 in each year. A jurisdiction shall use this disposal amount for the purposes of measuring achievement of the 50% goal. This amount shall be the sum of solid waste from the jurisdiction, including:
(1) the tons disposed at each permitted landfill,
(2) the tons that underwent transformation at a permitted solid waste facility in excess of 10% of a jurisdiction's adjusted base-year generation as calculated in section 18797.3, and pursuant to section 41783 of the Public Resources Code,
(3) potential alternative daily cover, alternative intermediate cover, and other beneficial reuse material which is not used in accordance with the conditions set forth in sections 20690, 20700, and 20685 of Title 27 of the California Code of Regulations, unless it is otherwise diverted, and
(4) the tons exported from California, minus any portion of the waste that the jurisdiction proves was diverted.
(b) In its annual report to the Board pursuant to section 41821(f) of the Public Resources Code, a jurisdiction shall report the amounts determined pursuant to this section.
(c) In its annual report to the Board, a jurisdiction may also provide additional information related to the tons of waste disposed in California, including "host assigned" waste, or exported from California for disposal. If the jurisdiction provides additional information, the annual report shall describe how it was obtained.
(d) If a jurisdiction operates as a hauler, the jurisdiction shall also meet the reporting requirements specified in section 18808.9.
(e) If a jurisdiction operates as a station operator, the jurisdiction shall also meet the reporting requirements specified in section 18809.9.
(f) If a jurisdiction operates as a landfill operator, the jurisdiction shall also meet the reporting requirements specified in section 18810.9.
(g) If a jurisdiction operates as a transformation facility operator, the jurisdiction shall also meet the reporting requirements specified in section 18811.9.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780 and 41821.5, Public Resources Code.
s 18813.10. Disposal Reporting Due Date Information.
(a) An agency is required to send a quarterly report to each affected jurisdiction, as set forth in section 18812.9. Haulers, operators, and districts are required to provide quarterly disposal information as set forth in sections 18808.9, 18809.9, 18810.9, 18811.9, and 18814.9. Disposal information is due according to the following tables:
Table 1: Due Dates for Information to Facilities
Information Information Due
Information Due from from Stations to
Due from Stations to Landfills and Reports Due
Haulers Other Transformation from Districts
Quarter to Facilities Stations Facilities to Facilities
______________________________
First: Apr. 15 Apr. 30 May 15 See section
Jan. 1-Mar. 31 18814.10
______________________________
Second: Jul. 15 Jul. 31 Aug. 15 See section
Apr. 1-Jun. 30 18814.10
______________________________
Third: Oct. 15 Oct. 31 Nov. 15 See section
Jul. 1-Sep. 30 18814.10
______________________________
Fourth: Jan. 15 Jan. 31 Feb. 15 See section
Oct. 1-Dec. 31 18814.10
______________________________
Table 2: Reports to Agencies, the Board, and Jurisdictions
Notifications Reports Due Export Reports Due
from
Due from from Reports Reports Agencies to
Landfills Due Due the
Stations to and Transfor- from from Dis- Board and
mation Haulers tricts
Quarter Agencies* Facilities to and Stati- to Agenc- Jurisdicti-
Agencies* ons* ies* ons
____________________________
First: Jun. 15 Jun. 15 Jun. 15 Jun. 15 Jul. 15
Jan. 1-Mar.
31
____________________________
Second: Sep. 15 Sep. 15 Sep. 15 Sep. 15 Oct. 15
Apr. 1-Jun.
30
____________________________
Third: Dec. 15 Dec. 15 Dec. 15 Dec. 15 Jan. 15
Jul. 1-Sep.
30
____________________________
Fourth: Mar. 15** Mar. 15** Mar. 15 Mar. 15 Apr. 15
Oct. 1-Dec.
31
____________________________
* Upon request, reports may be sent to jurisdictions or made available to jurisdictions using the Board's electronic filing.
** Station, landfill, and transformation facility operators also submit annual reports on facility methods to agencies on this date.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18813.11. Non-Compliance.
(a) A hauler or operator that is a jurisdiction shall inform the agency if a hauler or operator fails to comply with this Article by not providing the hauler or operator with information required for the preparation of quarterly disposal reports. The hauler or operator shall send information on specific allegations of non-compliance, in writing, to the agency by June 15 for the first quarter, September 15 for the second quarter, December 15 for the third quarter, and March 15 for the fourth quarter of the previous year.
(b) A hauler or operator that is a jurisdiction may inform the agency of other non-compliance issues concerning a hauler or operator. The hauler or operator shall send written information on specific allegations to the agency.
(c) A jurisdiction may inform the Board if an agency fails to comply with this Article. A jurisdiction shall send written information on specific allegations of agency non-compliance to the Board.
(d) Allegations of non-compliance shall be handled in accordance with the process set forth in section 18804.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Section 41821.5, Public Resources Code.
s 18814. Disposal Reporting Requirements for a District.
(a) Sections 18814.1 through 18814.11 establish the requirements for a district as follows.
(1) Signage for a District Section 18814.1
(2) Scales and Weighing Requirements for a District Section 18814.2
(3) Training Requirements for a District Section 18814.3
(4) District Records: Retention, Access, and Investigations Section 18814.4
(5) Identifying Jurisdiction of Origin Section 18814.5
(6) Frequency of Origin Surveys Section 18814.6
(7) Determining Origin of Waste for a District Section 18814.7
(8) Applicability of Alternative Reporting Systems Section 18814.8
(9) District Disposal Reports: Content, Timing, and Distribution Section 18814.9
(10) Disposal Reporting Due Dates for a District Section 18814.10
(11) Non-compliance Section 18814.11
(b) If a district operates as a waste hauler, the district shall also meet the hauler requirements specified in sections 18808.1 through 18808.11.
(c) If a district operates as a station operator, the district shall also meet the station requirements specified in sections 18809.1 through 18809.11.
(d) If a district operates as a landfill operator, the district shall also meet the landfill requirements specified in sections 18810.1 through 18810.11.
(e) If a district operates as a transformation facility operator, the district shall also meet the transformation facility requirements specified in sections 18811.1 through 18811.11.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.1. Signage for a District.
(a) If a district operates as a station operator, the district may also meet the provisions specified in section 18809.1.
(b) If a district operates as a landfill operator, the district may also meet the provisions specified in section 18810.1.
(c) If a district operates as a transformation facility operator, the district may also meet the provisions specified in section 18811.1.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.2. Scales and Weighing Requirements for a District.
(a) If a district operates as a station operator, the district shall also meet the requirements specified in section 18809.2.
(b) If a district operates as a landfill operator, the district shall also meet the requirements specified in section 18810.2.
(c) If a district operates as a transformation facility operator, the district shall also meet the requirements specified in section 18811.2.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.3. Training Requirements for a District
(a) If a district operates as a waste hauler, the district shall also meet the hauler training requirements specified in section 18808.3.
(b) If a district operates as a station operator, the district shall also meet the station training requirements specified in section 18809.3.
(c) If a district operates as a landfill operator, the district shall also meet the landfill training requirements specified in section 18810.3.
(d) If a district operates as a transformation facility operator, the district shall also meet the transformation facility training requirements specified in section 18811.3.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.4. District Records: Retention, Access, and Investigations
(a) If a district operates as a hauler, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18808.4.
(b) If a district operates as a station operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18809.4.
(c) If a district operates as a landfill operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18810.4.
(d) If a district operates as a transformation facility operator, the district shall prepare and retain disposal reporting records and allow affected entities access to the records as set forth in section 18811.4.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.5. Identifying Jurisdiction of Origin.
(a) If a district operates as hauler, the district shall identify a jurisdiction of origin as set forth in section 18808.5.
(b) If a district operates as station operator, the district shall identify a jurisdiction of origin as set forth in section 18809.5.
(c) If a district operates as landfill operator, the district shall identify a jurisdiction of origin as set forth in section 18810.5.
(d) If a district operates as transformation facility operator, the district shall identify a jurisdiction of origin as set forth in section 18811.5.
Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41821.2 and 41821.5, Public Resources Code.
s 18814.6. Frequency of Origin Surveys.
(a) At all permitted solid waste facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d).
(b) An operator of a permitted solid waste facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin. (continued)