DRS regulations outline the process by which records maintained by haulers and facilities are made available for the purposes of disposal reporting. The regulation outlining this process is provided below.
Haulers and facility operators have 14 days to respond to a request for a record review. If they feel that the information requested is proprietary, they can deny the request. If a request is denied for proprietary reasons, the facility must follow the procedure outlined in regulations and notify CalRecycle staff of this decision. If a facility or hauler denies a request without following the procedures as outlined in regulations, the party requesting data should contact the Disposal Report Coordinator (firstname.lastname@example.org).
DRS staff encourage jurisdictions and counties requesting records from haulers and facilities to be as specific as possible in their request. A sample letter has been provided by CalRecycle staff to assist jurisdictions and counties.
(5) Allow representatives of involved jurisdictions, the agency, haulers, operators, districts, and CalRecycle 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 CalRecycle 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 CalRecycle. CalRecycle shall use the procedures set forth in section 17046 to determine which records, or parts of records, may be inspected.