Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide and Regional Agency Integrated Waste Management Plans

Section 18811. Disposal Reporting Requirements for a Transformation Facility.
(a) Sections 18811.1 through 18811.11 establish the requirements for a transformation facility as follows:

(1)	Signage at a Transformation Facility	Section 18811.1
(2)	Scales and Weighing Requirements at a Transformation Facility	Section 18811.2
(3)	Training Requirements for a Transformation Facility	Section 18811.3
(4)	Transformation Facility Records: Retention, Access, and Investigations	Section 18811.4
(5)	Identifying Jurisdiction of Origin	Section 18811.5
(6)	Frequency of Origin Surveys	Section 18811.6
(7)	Determining Origin of Waste at a Transformation Facility	Section 18811.7
(8)	Applicability of Alternative Reporting Systems	Section 18811.8
(9)	Transformation Facility Disposal Reports: Content, Timing, and Distribution	Section 18811.9
(10)	Disposal Reporting Due Dates for a Transformation Facility	Section 18811.10
(11)	Non—compliance	Section 18811.11

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.1. Signage at a Transformation Facility.
(a) An operator may post a sign regarding the collection of waste origin information during the origin survey period specified in section 18811.6(a) or (b).

(b) The sign may include the following:

(1) “State law requires information on where your waste is from. Be prepared to provide it to the attendant.” or

(2) “Be prepared to tell the attendant where your waste is from.” or

(3) Other wording reasonably similar to the wording in subsection (1) or (2).

(c) The sign may be translated into additional languages, including but not limited to Spanish.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.2. Scales and Weighing Requirements at a Transformation Facility.
(a) An operator of a transformation facility shall weigh every uncompacted load of solid waste greater than 12 cubic yards. An operator shall also weigh every compacted load of waste. For each uncompacted load less than or equal to 12 cubic yards that is not weighed, an operator shall use volumetric conversion factors to estimate weight as described in subsection (b). If a transformation facility's scales are inoperable for a period of time, the operator shall estimate the weight of solid waste using volumetric conversion factors as described in subsection (b) until the scales are back in operation.

(b) For all solid waste that a transformation facility operator is allowed to not weigh with scales, the operator shall use reasonable, volumetric conversion factors to estimate the weight of the waste. Volumetric conversion factors used at a transformation facility shall meet the following guidelines:

(1) A volumetric conversion factor for a given vehicle and/or trailer type and/or load type (e.g. C&D debris/inert debris load) shall be derived from the average of actual weight data collected for the vehicle and/or trailer type and/or load type during a seven-day minimum weighing period conducted at least every five years. The operator shall determine individual volumetric conversion factors for all the types of vehicles and/or trailers that haul waste to the transformation facility and/or all types of loads hauled to the facility. The weight data for each vehicle and/or trailer type and/or load type shall be based on a statistically representative sample of vehicles and/or trailers and/or loads.

(2) All volumetric conversion factors for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors shall be included in the transformation facility's annual report of disposal reporting methods as set forth in 18811.9(f).

(3) All volumetric conversion factors and supporting calculations and documentation shall be made available for Board review staff upon request pursuant to section 18811.4.

(4) If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to collect new weight data to establish new volumetric conversion factors.

(c) An operator of a transformation facility may submit a request to implement an alternative weighing system (for example, using off-site scales). An alternative weighing system must meet the minimum weighing requirements of this section. An operator shall submit a request to implement an alternative weighing system to the Board as set forth in subsections (d) through (g).

(d) A transformation facility operator's request to implement an alternative weighing system shall include the following minimum information:

(1) transformation facility name,

(2) transformation facility Solid Waste Information System (SWIS) number,

(3) transformation facility address,

(4) operator name,

(5) operator mailing address,

(6) operator telephone number,

(7) operator email address, if available,

(8) justification for the alternative weighing system, such as use of off-site scales,

(9) annual average weight (or annual average volume) of waste accepted per day of operation, and

(10) volumetric conversion factors to be used to estimate weight.

(e) Prior to submitting a request to implement an alternative weighing system, an operator shall provide at least a 30-day notice of the proposed request to, and accept and respond to comments from applicable parties including:

(1) haulers that dispose of waste at the transformation facility,

(2) the agency in which the transformation facility is located,

(3) jurisdictions that dispose of waste at the transformation facility, and

(4) the Local Task Force established pursuant to section 18761 of this Division.

(f) An operator shall send a request to implement an alternative weighing system to Board staff for review. The operator shall also send documentation showing that applicable parties were notified and include a copy of the responses to comments received on the request.

(g) Within 30 working days from receipt of a request, Board staff shall inform the operator, in writing, that the request is complete and accepted for filing, or that the request is deficient and what specific information is still required. Board staff shall approve or disapprove the request within 60 working days from the date the request is deemed complete. The operator may appeal the Board staff determination to the Board.

(h) If subsequent to an approval of a request to implement an alternative weighing system, the Board determines a transformation facility no longer meets the criteria of this section, the Board may rescind the approval.

(i) Nothing in this Article shall prevent an operator from weighing more loads than the minimum required by this section as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to weigh more loads than the minimum required by this section, based upon its own authority to impose requirements on that operator.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.3. Training Requirements for a Transformation Facility.
(a) An operator shall provide training on the disposal reporting system to each gatehouse attendant and disposal report preparer and to other employees who must comply with the requirements of this Article. Training for a gatehouse attendant and report preparer shall cover the content of this Article as it applies to the employees’ job duties.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.4. Transformation Facility Records: Retention, Access, and Investigations.
(a) An operator shall prepare disposal reporting records and shall:

(1) Include all information, methods, and calculations required by this Article.

(2) Keep quarterly documentation that verifies jurisdiction of origin allocations reported to the agency in which the transformation facility is located pursuant to section 18811.9(b).

(3) Use a reasonable method to gather the information, such as locally required or facility specific reporting forms, electronic systems, or the optional paper or electronic reporting forms developed by the Board.

(4) Maintain all records for three years in a usable format, such as on electronic media (computer files) or paper copies.

(5) Allow representatives of involved jurisdictions, the agency, haulers, operators, districts, and the Board to inspect the records during normal business hours in a single location within California. Haulers and operators shall only be allowed to inspect records relating to their own operations. An operator is not required to provide records of a jurisdiction’s disposal information for reporting years for which the Board has already completed the biennial review cycle for the applicable jurisdiction pursuant to section 41825 of the Public Resources Code.

(A) Upon a request to review records, the operator shall make the records promptly available for inspection. The operator shall respond to the request within ten days, but may indicate that additional time is necessary to make the records available due to time necessary to search for, collect and examine records to respond to the request. In no case shall the inspection be delayed more than an additional 14 days, unless agreed to by the requestor.

(B) If copies of specific records are requested, either in lieu of inspection or after inspection, the operator shall respond to the request for copies within ten days, but may indicate that additional time is necessary to make the copies due to time necessary to search for, collect, and examine records to respond to the request. In no case shall the copies be delayed more than an additional 14 days, unless agreed to by the requestor. The operator may charge a fee to cover the actual cost of copying. In no case shall the fee exceed ten cents per page, unless local public records act requirements establish another rate.

(C) If a hauler or operator believes that a records request includes information that has been labeled confidential or proprietary by the entity providing that information as defined in sections 17044 through 17046, the operator shall inform the Board. The Board shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected.

(b) An operator shall respond to requests for clarification regarding their records within ten days. Requests must be specific and clearly stated in writing.

(c) The Board may investigate all information, methods, and calculations pursuant to this Article. If the Board determines that any information is inaccurate, the Board may require corrected information.

(d) If an operator that is a jurisdiction, fails to comply with this section, and that failure prevents the Board from accurately determining the jurisdiction’s level of Source Reduction and Recycling Element implementation, the Board may initiate the process to issue a compliance order as set forth in section 41825 of the Public Resources Code.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.5. Identifying Jurisdiction of Origin.
(a) When required by this Article:

(1) An operator shall identify a jurisdiction by providing its name and specifying whether it is a city, an unincorporated county, or a region.

(2) If expressly allowed by the region, an operator may identify waste from a region formed pursuant to sections 40970 through 40975 of the Public Resources Code as originating in that region, without specifying the individual cities or unincorporated counties, unless otherwise required by the Board.

(3) An operator shall identify waste imported from outside California by specifying the state, country, or Indian country of origin.

(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers provide additional jurisdiction of origin information.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.6. Frequency of Origin Surveys.
(a) At all permitted transformation facilities, origin surveys shall be conducted continuously, each day of facility operation, for every load, except as described in subsections (b), (c), and (d).

(b) An operator of a transformation facility located in a rural city or county, as defined in sections 40183 and 40184 of the Public Resources Code, may conduct origin surveys as specified in subsection (a) or may conduct origin surveys during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). During the standard survey weeks, every load of solid waste shall be surveyed to determine jurisdiction of origin.

(c) At all permitted transformation facilities, origin surveys of each uncompacted load of waste with a volume of 12 cubic yards or less may be conducted as specified in subsection (a) or may be conducted during the following standard survey weeks each year: March 8 through March 14, June 8 through June 14, September 8 through September 14, and December 8 through December 14 (unless an agency has received Board approval to use alternative weeks pursuant to sections 18812.6[e] and [f]). Daily origin surveys shall be conducted for all other loads as specified in subsection (a).

(d) Origin surveys are not required if:

(1) a facility is located in a Board-approved region, the region has authorized the operator to assign all waste tonnage to the region, and the Board does not otherwise require the region to assign waste to the individual cities or unincorporated counties of the region, or

(2) a city or county in which a transformation facility is located authorizes the facility operator to assign all waste tonnage to that city or county.

(e) Nothing in this Article shall prevent an operator from collecting additional information as part of its operation. Nothing in this Article shall prevent an agency from requiring an operator to conduct origin surveys more frequently or to collect additional information, based upon its own authority to impose requirements on that operator.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.7. Determining Origin of Waste at a Transformation Facility.
(a) An operator shall determine the origin of all solid waste during the origin survey period set forth in section 18811.6.

(b) During the entire quarter, an operator who sends solid waste to another facility within California shall provide the operator of that facility with the jurisdiction of origin for all material in each load identified by the receiving operator as potential alternative daily cover, alternative intermediate cover, or other beneficial reuse material based on actual daily tonnage. An operator shall also inform a receiving operator of the type or types of material being supplied.

(c) For each load received during the entire quarter, an operator shall track tons of each of the following types of solid waste that underwent transformation, allocated to each jurisdiction:

(1) C&D debris/inert debris,

(2) designated waste, by material type, and

(3) disaster waste.

(d) For all loads not delivered by public contract haulers, an operator shall obtain and maintain a record of the following information:

(1) the jurisdiction of origin of the waste as set forth in 18811.5, and

(2) other additional information that the operator has determined will ensure that jurisdiction of origin information provided is accurate.

(e) An operator shall collect jurisdiction of origin from public contract haulers. The public contract hauler shall provide the jurisdiction of origin as specified in section 18808.7(b).

(f) If a transformation facility accepts solid waste from only one jurisdiction, the operator shall assign all the waste to that jurisdiction.

(g) If an attendant is not present during regular hours of operation, and one cannot be present for the origin survey period set forth in section 18811.6, and the operator does not receive origin information from the haulers delivering waste, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as “no attendant host assigned” waste. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e).

(h) If solid waste is delivered to the facility and information on the jurisdiction of origin is not provided by the delivering hauler or operator as specified in this Article, then the operator shall assign the waste to the jurisdiction in which the facility is located by labeling it as "host assigned" waste and send written notification to the agency regarding hauler or operator non-compliance as specified in section 18811.11. An operator shall report to the agency, the total amounts of solid waste assigned to the host jurisdiction pursuant to 18811.9(b). An operator shall also provide information on host assigned waste to a host jurisdiction if requested pursuant to section 18811.9(e).

(i) If a transformation facility that conducts continuous daily origin surveys as set forth in section 18811.6(a) accepts solid waste from more than one jurisdiction, then the operator shall assign the waste based on the actual jurisdiction of origin information reported by haulers and station operators. If a transformation facility also conducts origin surveys for uncompacted loads of 12 cubic yards or less during at least a one-week per quarter survey period, the operator shall estimate the amount of waste assigned to each jurisdiction as described in subsection (k) and add these tonnage allocations to the tonnage allocations that were based on daily origin survey information.

(j) If a transformation facility in a rural jurisdiction accepts solid waste from more than one jurisdiction and only conducts origin surveys during one week per quarter as set forth in section 18811.6(b), the operator shall do the following steps in order:

(1) Obtain information on the jurisdiction(s) of origin for each load of waste delivered to the facility on the dates set in section 18811.6(b).

Example:

Four loads delivered during the survey week.
Load 1 = 5 tons from City A
Load 2 = 5 tons from City B
Load 3 = 10 tons from City C
Load 4 = 5 tons from City B

(2) Calculate the tons of solid waste assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility.

Example:

City A = 5 tons (Load 1)
City B = 10 tons (Load 2 + Load 4)
City C = 10 tons (Load 3)

(3) Calculate the percentage of waste assigned to each jurisdiction during the survey week by dividing the tons from paragraph (2) by the total tons of solid waste for the survey period.

Example:

25 tons delivered during the survey week.
City A = 5 tons/25 tons = 0.2 (20%)
City B = 10 tons/25 tons = 0.4 (40%)
City C = 10 tons/25 tons = 0.4 (40%)

(4) Calculate the number of tons of solid waste that underwent transformation from each jurisdiction during the quarter by multiplying the percentage from paragraph (3) with the total tons of solid waste that underwent transformation in each quarter.

Example:

1000 tons of solid waste underwent transformation during the quarter.
City A = 0.2 x 1000 tons = 200 tons
City B = 0.4 x 1000 tons = 400 tons
City C = 0.4 x 1000 tons = 400 tons

(k) If an operator conducts origin surveys of each uncompacted load of solid waste with a volume of 12 cubic yards or less during a one-week survey period each quarter pursuant to section 18811.6(c), then the operator shall calculate the estimated tons of solid waste delivered in these loads from each jurisdiction for the quarter. The calculated tonnage allocations shall be based on the actual origin information reported by haulers during the survey period. The operator shall do the following steps in order.

(1) Obtain information on the jurisdiction(s) of origin for each uncompacted load with a volume of 12 cubic yards or less delivered to the transformation facility on the dates set forth in section 18811.6(c).

Example:

Four uncompacted loads of 12 cubic yards or less delivered during the survey week.
Load 1 = 0.5 ton from City A
Load 2 = 0.5 ton from City B
Load 3 = 0.5 ton from City C
Load 4 = 0.5 ton from City B

(2) Calculate the tons of solid waste delivered in uncompacted loads of 12 cubic yards or less assigned to each jurisdiction during the survey week. The operator shall either add up the tons of solid waste accepted from each jurisdiction, or the amounts of solid waste that underwent transformation from each jurisdiction after adjusting for front-end diversion at the transformation facility.

Example:

City A = 0.5 ton (Load 1)
City B = 1 ton (Load 2 + Load 4)
City C = 0.5 ton (Load 3)

(3) Calculate the percentage of solid waste assigned to each jurisdiction during the survey week by dividing the tons determined in paragraph (2) by the total tons of solid waste delivered in uncompacted loads of 12 cubic yards or less during the survey week.

Example:

2 tons delivered in uncompacted loads of 12 cubic yards or less during the survey week.
City A = 0.5 ton/2 tons = 0.25 (25%)
City B = 1 ton/2 tons = 0.5 (50%)
City C = 0.5 ton/2 tons = 0.25 (25%)

(4) Calculate the number of tons delivered in uncompacted loads of 12 cubic yards or less that underwent transformation from each jurisdiction during the quarter by multiplying the percentages from paragraph (3) with the total tons of solid waste that underwent transformation during the quarter that were delivered in uncompacted loads of 12 cubic yards or less.

Example:

100 tons were delivered in uncompacted loads of 12 cubic yards or less and underwent transformation during the quarter.
City A = 0.25 X 100 tons = 25 tons
City B = 0.5 X 100 tons = 50 tons
City C = 0.25 X 100 tons = 25 tons

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.8. Applicability of Alternative Reporting Systems.
(a) An agency may establish alternative requirements with which an operator must comply as set forth in section 18812.8.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 18811.9. Transformation Facility Disposal Reports: Content, Timing, and Distribution.
(a) An operator shall track the total tons of solid waste accepted by the facility and sent off-site for reuse, recycling, or composting.

(b) An operator shall provide the following quarterly information to the agency in which the facility is located. An operator shall keep copies of the quarterly information and all supporting documentation used to prepare the information pursuant to the record keeping requirements in section 18811.4. An operator shall report, by jurisdiction of origin (including host assigned jurisdiction of origin, if applicable), information on the amounts and types of all solid waste specified in this subsection. The operator shall report:

(1) the facility name and Solid Waste Information System (SWIS) number,

(2) the reporting quarter and year,

(3) the total tons of solid waste accepted at the facility,

(4) the total tons of each type of material from each jurisdiction identified for potential reuse as:

(A) alternative daily cover, and

(B) alternative intermediate cover,

(5) the total tons from each jurisdiction that underwent transformation, and

(c) An operator shall provide quarterly summary information to the agency in which the facility is located. The summary information shall include:

(1) the total tons of solid waste accepted at the facility,

(2) the total tons of solid waste identified for potential reuse, separated as follows:

(A) the total tons of each type of alternative daily cover,

(B) the total tons of each type of alternative intermediate cover, and

(C) the total tons of each type of other beneficial reuse material,

(3) the total tons of other solid waste sent off-site for reuse, recycling, or composting,

(4) the total tons of all solid waste that underwent transformation,

(5) the total tons of untreated ash resulting from the transformation process, and

(6) a brief summary of the methods used to determine the jurisdictions of origin.

(d) The operator shall provide the quarterly information in subsections (b) and (c) to the agency by the due dates in section 18811.10.

(e) Upon request by a jurisdiction, an operator shall provide all quarterly information pertaining to the jurisdiction by the due dates in section 18811.10. In lieu of sending quarterly disposal information directly to a jurisdiction, an operator may electronically submit the information to the Board using a format that would allow the Board to make the information available on its web site. In addition to the amounts reported in subsection (b)(3) through (5), a jurisdiction’s request for quarterly information may include:

(1) the total tons of each type of material identified as other potential beneficial reuse material (excluding alternative daily cover and alternative intermediate cover),

(2) the total tons of C&D debris/inert debris that underwent transformation,

(3) the total tons of each type of designated waste that underwent transformation, and

(4) the total tons of disaster waste that underwent transformation

(f) An operator shall send an annual report on disposal reporting methods to the agency in which the facility is located. An operator shall send the annual report by the due date in section 18811.10. An operator shall keep a copy of the annual report in the facility's records pursuant to section 18811.4. The report shall cover each year beginning on January 1 and ending on December 31 and shall include the following:

(1) the facility name and Solid Waste Information System (SWIS) number,

(2) operator name,

(3) operator mailing address,

(4) operator telephone number,

(5) operator email address, if available,

(6) all volumetric conversion factors used for each vehicle and/or trailer type and/or load type and a description of the method used to determine the conversion factors in compliance with section 18811.2(b)(1),

(7) the frequency of each type of origin survey,

(8) the percentage of the total tons of waste that underwent transformation assigned to each jurisdiction that was based on:

(A) origin information collected during a one-week per quarter survey period as allowed in section 18811.6(b) or (c), if applicable, and

(B) volumetric conversion factors rather than actual weight measurements,

(9) the method(s) of determining jurisdiction of origin, including the questions gatehouse attendants ask haulers,

(10) the method(s) used to verify origin information, if applicable,

(11) any restrictions on which jurisdictions may use the facility,

(12) any differences in transformation facility tipping fees based on jurisdiction of origin,

(13) a listing or description of the computer program(s) or method used to track waste tonnage and origin information,

(14) the method(s) used to track C&D debris/inert debris loads, if applicable,

(15) the designated waste types accepted and method(s) of tracking designated wastes, if applicable,

(16) the method(s) used to track disaster waste loads, if applicable,

(17) the final disposition of ash resulting from the transformation process, including the method of ash diversion, if applicable, and

(18) the days and hours of operation, including all significant variations in the schedule during the reporting year.

(g) If an operator amends disposal reporting information, the operator is only required to provide the amended information to the agency once per quarter (the operator shall still allow access to records in accordance with section 18811.4). An operator is not required to provide amended disposal information for reporting years once the Board has completed the biennial review cycle for those years pursuant to section 41825 of the Public Resources Code.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 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.

Authority:
Section 40502of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.

Section 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.

Authority:
Section 40502 of the Public Resources Code.

Reference:
Section 41821.5 of the Public Resources Code.