California Department of Resources Recycling and Recovery (CalRecycle) 

Regulations: Title 14, Natural Resources Division 7

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

Article 9.2. Disposal Reporting System

Section 18800. Scope and Purpose.

(a) This Article implements sections 41821.5 and 41821.2 of the Public Resources Code.

(b) Each jurisdiction in California must adopt a Source Reduction and Recycling Element showing how it will meet the diversion goals in section 41780 of the Public Resources Code. Diversion goal achievement is one of the factors that the Board will consider in its biennial review of Source Reduction and Recycling Element implementation pursuant to section 41825 of the Public Resources Code. To determine if it has met the goals, a jurisdiction will need to calculate how much solid waste it has disposed. The Disposal Reporting System in this Article shall be used to estimate the amount of disposal from each jurisdiction. The amount of disposal shall be compared to the maximum disposal tonnages calculated in section 18794.1 of Article 9.0.

(c) Nothing in this Article shall prevent an agency, district, or a jurisdiction from requiring haulers or operators to supply additional disposal information based upon their own authority to impose requirements on haulers or operators.

(d) Sections 18802, 18803, 18805, 18806, and 18807 of this Article are repealed. The content of the repealed sections has been modified and reorganized to provide information by type of entity in individual sections as follows:

(1) Hauler: Section 18808.

(A) Section 18808.4: Hauler Records: Retention, Access, and Investigations
(B) Section 18808.5: Identifying Jurisdiction of Origin
(C) Section 18808.6: Frequency of Origin Surveys
(D) Section 18808.8: Applicability of Alternative Reporting Systems
(E) Section 18808.10: Export Reporting Due Dates for a Public Contract Hauler

(2) Station: Section 18809.

(A) Section 18809.4: Station Records: Retention, Access, and Investigations
(B) Section 18809.5: Identifying Jurisdiction of Origin
(C) Section 18809.6: Frequency of Origin Surveys
(D) Section 18809.8: Applicability of Alternative Reporting Systems
(E) Section 18809.10: Disposal Reporting Due Dates for a Station

(3) Landfill: Section 18810.

(A) Section 18810.4: Landfill Records: Retention, Access, and Investigations
(B) Section 18810.5: Identifying Jurisdiction of Origin
(C) Section 18810.6: Frequency of Origin Surveys
(D) Section 18810.8: Applicability of Alternative Reporting Systems
(E) Section 18810.10: Disposal Reporting Due Dates for a Landfill

(4) Transformation Facility: Section 18811.

(A) Section 18811.4: Transformation Facility Records: Retention, Access, and Investigations
(B) Section 18811.5: Identifying Jurisdiction of Origin
(C) Section 18811.6: Frequency of Origin Surveys
(D) Section 18811.8: Applicability of Alternative Reporting Systems
(E) Section 18811.10: Disposal Reporting Due Dates for a Transformation Facility

(5) Agency: Section 18812.

(A) Section 18812.4: Agency Records: Retention, Access, and Investigations
(B) Section 18812.5: Identifying Jurisdiction of Origin
(C) Section 18812.6: Frequency of Origin Surveys
(D) Section 18812.8: Applicability of Alternative Reporting Systems
(E) Section 18812.10: Disposal Reporting Due Dates for an Agency

(6) Jurisdiction: Section 18813.

(A) Section 18813.4: Jurisdiction Records: Retention, Access, and Investigations
(B) Section 18813.5: Identifying Jurisdiction of Origin
(C) Section 18813.6: Frequency of Origin Surveys
(D) Section 18813.8: Applicability of Alternative Reporting Systems
(E) Section 18813.10: Disposal Reporting Due Date Information

(7) District: Section 18814.

(A) Section 18814.4: District Records: Retention, Access, and Investigations
(B) Section 18814.5: Identifying Jurisdiction of Origin
(C) Section 18814.6: Frequency of Origin Surveys
(D) Section 18814.8: Applicability of Alternative Reporting Systems
(E) Section 18814.10: Disposal Reporting Due Dates for a District

(e) Sections 18809.2(b), 18809.6(b), 18810.2(b), 18810.6(b), and 18811.6(b) of this Article contain provisions for facilities located in rural cities and counties. Rural cities and counties are defined in sections 40183 and 40184 of the Public Resources Code.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41821.2 and 41821.5, Public Resources Code.


Section 18801. Definitions.

(a) For the purposes of this Article, the following terms have the meanings given below.

(1) "Agency" means the local agency responsible for compiling the disposal information from haulers and operators. The county is the agency, unless a region is given the responsibility as part of a regional agreement.

(2) “Airspace utilization factor” (AUF) (tons of waste per cubic yard of landfill airspace) means the effective density of waste material in the landfill. The AUF is recorded as the total weight of waste material passing over the landfill scales that is placed in a known volume of landfill airspace in a given time period. The waste portion of the AUF should include only waste material for which payment of fees to the Board is reported.

(3) "Alternative daily cover" has the same meaning as in section 20690 of Title 27 of the California Code of Regulations.

(4) "Alternative intermediate cover" has the same meaning as in section 20700 of Title 27 of the California Code of Regulations.

(5) "Beneficial reuse" has the same meaning as in section 20686 of Title 27 of the California Code of Regulations.

(6) "Board" means the California Integrated Waste Management Board.

(7) “Construction and Demolition (C&D) Debris" has the same meaning as in section 17381(e) of Title 14 of the California Code of Regulations.

(8) "Designated waste" has the same meaning as defined in section 13173 of the California Water Code.

(9) “Disaster waste” has the same meaning as “disaster debris” in section 17210.1(d) in Title 14 of the California Code of Regulations.

(10) “Dispatcher” means a person who sends a public contract hauler on a specific route or to specific locations to collect solid waste for delivery to a solid waste facility. A "dispatcher" keeps records on the locations to which haulers are sent to collect and deliver waste.

(11) "District" means a community service district established in accordance with Government Code section 61000 et seq., that provides solid waste handling services or implements source reduction and recycling programs. "District" also includes a sanitary district or a public utility district that provides solid waste handling services or implements source reduction and recycling programs.

(12) "Export from California" means export outside the boundaries of the State of California or to Indian country within the boundaries of the State of California, as defined in section 1151 of Title 18 of the United States Code.

(13) "Facility" means a permitted solid waste facility, as defined in section 18720(a)(51) of the California Code of Regulations. “Facility” includes, but is not limited to transfer stations, landfills, and transformation facilities.

(14) "Gatehouse attendant" means a person who processes deliveries from haulers transporting solid waste to a facility and who may be responsible for obtaining jurisdiction of origin information.

(15) "Hauler" means a person who collects solid waste from a solid waste generator, or collects his or her own waste, and transports the waste to a solid waste facility. “Hauler” includes a public contract hauler. "Hauler" does not include a person who transports solid waste from a station to another facility.

(16) "Host jurisdiction" means a jurisdiction in which a permitted solid waste facility is located.

(17)"Import from outside California" means import of waste from outside the boundaries of the State of California or from Indian country within the boundaries of the State of California, as defined in section 1151 of Title 18 of the United States Code.

(18) “In-place waste density” (pounds of waste per cubic yard of waste) means the estimated or measured density of in-place waste material achieved by mechanical or other means in the development of the current lift of the current operating waste cell.

(19) “Inert debris” has the same meaning as in section 17381(k) of Title 14 of the California Code of Regulations.

(20)"Jurisdiction" means a city, county, city and county, or regional agency with responsibility for waste management. This definition is in addition to the definition found in section 18720(a)(33).

(21) “Load” means the solid waste delivered to a solid waste facility in a single vehicle at one time.

(22) "Operator" means a person who operates a permitted solid waste facility.

(23) "Origin survey" or "survey" means a method for determining the jurisdiction(s) of origin for solid waste delivered to a facility.

(24) "Public contract hauler" means a person who charges for or is paid for collecting solid waste from a solid waste generator and transporting the waste to a solid waste facility. A person involved in a solid waste enterprise or solid waste handling services as defined in sections 49504 and 49505 of the Public Resources Code respectively, and a person who is a franchise hauler meet the definition of a public contract hauler. A "public contract hauler" may collect solid waste from residential, commercial, industrial, or other generators.

(25) "Quarter" means one of the following four three-month periods in a calendar year: The first quarter begins January 1 and ends March 31. The second quarter begins April 1 and ends June 30. The third quarter begins July 1 and ends September 30. The fourth quarter begins October 1 and ends December 31.

(26) "Region" means an entity formed pursuant to sections 40970 through 40975 of the Public Resources Code. This definition supersedes the definition found in section 18720(a)(57) of the California Code of Regulations for the purposes of this Article.

(27) “Soil" includes clean or contaminated soil.

(A) "Clean (or noncontaminated) soil" means soil that does not contain other materials, or is below designated concentrations of contamination for other materials as allowed pursuant to section 13173 of the California Water Code.

(B) “Contaminated soil” means soil that:

(i) contains designated or nonhazardous concentrations, as set forth in Title 23, Chapter 15, Article 1, section 2510 et seq. of the California Code of Regulations, of petroleum hydrocarbons, such as gasoline and its components (benzene, toluene, xylene, and ethylbenzene), diesel and its components (benzene), virgin oil, motor oil, or aviation fuel, and lead as an associated metal; and

(ii) has been determined pursuant to section 13263(a) of the Water Code to be a waste that requires regulation by the Regional Water Quality Control Board or Local Oversight Agency.

(28) "Solid waste" or "waste" has the same meaning as defined in section 40191 of the Public Resources Code.

(29) "Station" means a permitted solid waste facility utilized to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport. "Station" includes permitted transfer or processing stations or facilities, and permitted materials recovery facilities. "Station" does not include permitted transformation facilities or landfills.

(30) "Track" means to collect origin information and determine tonnage for loads of waste delivered to a facility and to maintain a record of the origin and tonnage information. Data tracked during a quarter is used to compile quarterly reports.

(31) "Waste-to-cover ratio" (estimated) (volume:volume) means the unit-less expression of the proportion of the volumes of waste and cover that comprise a volume of compacted fill material, e.g. 4:1. The cover portion of the waste-to-cover ratio estimate should include only soil or approved daily or intermediate alternative cover that is not considered a waste material, i.e., payment of fees to the Board is not required. The waste portion of the waste-to-cover ratio estimate should include only waste material for which payment of fees to the Board is reported.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41821.2 and 41821.5, Public Resources Code.


Section 18801.1. Use of Soil for Alternative Daily Cover, Alternative Intermediate Cover, or Beneficial Reuse.

(a) Use of Soil for Alternative Daily Cover, Alternative Intermediate Cover, or Beneficial Reuse. (a) Alternative daily cover does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials used for alternative daily cover may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of alternative daily cover shall be reported separately from amounts of alternative intermediate cover and from amounts of other beneficial on-site reuse.

(b) Alternative intermediate cover does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials used for alternative intermediate cover may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of alternative intermediate cover shall be reported separately from amounts of alternative daily cover and from amounts of other beneficial on-site reuse.

(c) Beneficial reuse does not include the use of clean or contaminated soil segregated prior to receipt by a landfill; however, loads of materials reused beneficially may include small amounts of soil (such as found in construction and demolition waste loads). For the purpose of this Article, amounts of other beneficial reuse shall be reported separately from amounts of alternative daily cover and from amounts of alternative intermediate cover.

(d) For the purposes of this Division, clean soil and contaminated soil used as cover or for other beneficial reuse do not count as disposal or diversion.

Note:

Authority cited: Section 40502, Public Resources Code.
Reference: Sections 41821.2 and 41821.5, Public Resources Code.


Section 18802. Repealed.


Section 18803. Repealed.


Section 18804. Non-compliance.

(a) This section outlines the Board’s process for handling allegations of non-compliance:

(1) If an agency receives written information on specific allegations of non-compliance pursuant to sections 18808.11(a) and (b), 18809.11(a) and (b), 18810.11(a) and (b), 18811.11(a) and (b), 18812.11(a), 18813.11(a) and (b), and 18814.11(a) and (b), it shall forward this information to the Board. The agency shall send this information in writing, with any additional information it has regarding specific allegations of non-compliance, no later than 60 working days after receiving the information.

(2) If an agency has its own specific allegations of hauler or operator non-compliance, the agency shall forward the information, in writing, to the Board pursuant to section 18812.11(c).

(3) A hauler, operator, jurisdiction, or district may forward information on specific allegations of agency non-compliance in writing to the Board as set forth in sections 18808.11(c), 18809.11(c), 18810.11(c), 18811.11(c), 18813.11(c), and 18814.11(c).

(4) Board staff shall work with affected parties to investigate and attempt to resolve allegations of non-compliance, including allowing the entity accused of non-compliance a reasonable opportunity to provide relevant information regarding the allegations. If Board staff substantiates the allegations and cannot resolve them, then the Board shall make a determination on the allegations of non-compliance at a public meeting. Based on a finding of non-compliance, the Board may take one or more of the following actions:

(A) notify the affected jurisdictions of the Board's finding of non-compliance,

(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or

(C) other actions as the Board deems necessary.

(5) If the Board, based on its own investigation, determines that a hauler, operator, jurisdiction, agency, or district is not complying with the requirements of this Article, the Board may take one of the following actions:

(A) notify the affected jurisdictions of the Board's finding of non-compliance,

(B) publish the name of the hauler or operator and the finding of non-compliance for a three-year period, using electronic or print media, or

(C) other actions as the Board deems necessary.

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

(b) Nothing in this Article shall prevent an agency, district, or jurisdiction from enacting ordinances or other measures to ensure that operators and haulers comply with the requirements of this Article.

Note:

Authority cited: Section 40502 and 41825, Public Resources Code.
Reference: Section 41821.5, Public Resources Code.


Section 18805. Repealed.

Section 18806. Repealed.

Section 18807. Repealed.

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