California Department of Resources Recycling and Recovery (CalRecycle) 

Disposal Reporting System: Enforcement

Failure to Comply with Disposal Reporting System (DRS) Requirements

Out of Compliance with DRS Reporting Requirements

  • Currently, there are no entities that failed to comply with DRS reporting requirements (PRC 41821.5(a)).

How does a hauler, facility, or agency get placed on the Out of Compliance list?

There are three basic types of compliance violations:

  • Failure to submit required disposal data. These requirements apply to facilities, haulers, and agencies. Title 14, CCR, Sections 18808.10, 18809.10, 18810.10, 18811.10, and 18812.10 set forth submission dates for the DRS.
  • Failure to ask waste origin questions when waste is delivered. This applies to facilities only. Title 14, CCR, Sections 18809.6, 18810.6, and 18811.6 set forth guidelines and dates for waste origin surveys. CalRecycle maintains an ongoing program to determine whether facilities are asking waste origin questions.
  • Failure to allow reasonable access to disposal records. This applies to facilities, haulers, counties, and CalRecycle-approved regional agencies. Title 14, CCR, Sections 18808.4, 18809.4, 18810.4, 18811.4, and 18812.4 set forth requirements for access to DRS data.

If correct data cannot be obtained by CalRecycle staff during the applicable review cycle, CalRecycle will decide whether to place the name of the noncompliant entity on the list.

Currently, CalRecycle has only taken action on failure to submit DRS data; however, this is subject to change in the future depending upon circumstances and CalRecycle action.

How does a hauler, facility, or agency get removed from this list?

  • When the missing DRS data is submitted to CalRecycle, it will be noted in a table, and the entire entry will appear in strikethrough type. After all jurisdictions that could be impacted by missing or incorrect data have been reviewed, during the review cycle by CalRecycle, the entry will be removed.
  • When a facility requests jurisdiction of origin information and records it correctly, the facility name will appear in strikethrough type. After all jurisdictions that could be impacted by missing or incorrect data have been reviewed by CalRecycle, the entry will be removed.

Background

What is the basis for the DRS?

The creation of a Disposal Reporting System (DRS) and the obligation of facilities and haulers to report solid waste origin and tonnage information are mandated by California Public Resources Code (PRC) Section 41821.5.Title 14, Chapter 9, Article 9.2 of the California Code of Regulations (CCR) govern the rules and structure of DRS. All records in the DRS database use data from solid waste haulers, transfer stations, or permitted disposal facilities (including transformation facilities). The data are compiled and triple-checked by California Department of Resources Recycling and Recovery (CalRecycle) staff before being displayed on the web.

Definitions

For the purposes of this section:

Why Identify Noncompliant Haulers, Facilities, or Agencies?

Disposal tonnages underpin the per capita disposal measurement system which is at the heart of the Integrated Waste Management Act. Solid waste haulers, facilities, and reporting agencies support the accuracy of the measurement system by adhering to the regulations, and thereby assist jurisdictions sending waste to those facilities in meeting their waste reduction goals. Jurisdictions are required to prepare and submit annual reports to CalRecycle that include per capita disposal rate calculations based on disposal reporting data (Title 14, CCR, Chapter 9, Article 9, Section 18794.1 and Article 9.2, Section 18813.9). Accurate allocations of disposal tons to the appropriate jurisdictions are critical for jurisdictions to adequately plan and implement programs to meet their waste reduction goals. Timely reporting of the data is important to allow for data verification and to research any data anomalies. Jurisdictions that do not achieve their waste reduction goals and cannot demonstrate good faith effort in planning and implementing programs to achieve their goals can be fined up to $10,000 per day (PRC 41813).

More Information

The following links provide more information about DRS requirements for:

Local Government Central Enforcement

Last updated: July 27, 2011
Local Government Central http://www.calrecycle.ca.gov/LGCentral/ 
Local Assistance & Market Development: LAMD@calrecycle.ca.gov (916) 341-6199