§ 18815.9. Methods.
14 CA ADC § 18815.9Barclays Official California Code of RegulationsEffective: April 1, 2024
Barclays California Code of Regulations
Title 14. Natural Resources
Division 7. Department of Resources Recycling and Recovery
Chapter 9. Planning Guidelines and Procedures for Preparing and Revising Countywide Integrated Waste Management Plans (Refs & Annos)
Article 9.25. Recycling and Disposal Reporting System
Effective: April 1, 2024
14 CCR § 18815.9
§ 18815.9. Methods.
(0.4) If a reporting entity sends materials to a disposal facility for disposal, then those materials shall be classified within the solid waste stream, unless the materials are purely designated waste or disaster debris, in which case the materials shall be classified as designated waste or disaster debris.
(0.5) A reporting entity shall classify materials mixed with solid waste within the solid waste stream, including, but not limited to, source-separated recycling that is contaminated to an extent such that the material may not be received by a “recycling center” pursuant to section 17402.5(d) of this division.
(C) Disposal facilities reporting inflows of materials that are used for beneficial reuse shall report material type pursuant to paragraph (3). Reporting entities reporting potential beneficial reuse shall report material type pursuant to paragraph (2). No reporting entity shall include tons of clean or contaminated soil in the tons of potential beneficial reuse.
(D) Commencing with reporting period 1 of 2025, if a reporting entity reports material that is not homogenous or not an individual grade of material type, then the reporting entity shall identify the specific materials within that mixture unless the reporting entity certifies that they cannot do so because they do not have information on specific materials. False certification shall be subject to penalties pursuant to this article.
(1) A hauler shall provide the jurisdiction of origin information at the time of delivery, unless both the hauler and receiving facility have agreed to periodic reports in lieu of providing information at the time of delivery. The hauler shall provide the periodic report to the receiving reporting entity within 30 days of the end of the reporting period. The hauler shall use any of the following sources of information to estimate the percentage of tons from each jurisdiction:
(2) A transfer/processor or disposal facility shall determine the jurisdiction of origin for each load of material accepted by asking each person bringing materials at the time of delivery, using periodic reports from the entities delivering materials, or using other methods if approved by the Department pursuant to subdivision (m), to capture the information on each load as it arrives, unless it meets one of the following criteria:
(A) A transfer/processor or disposal facility without a gatehouse attendant present during all business hours shall collect jurisdiction of origin information on each load for all hours in which an attendant is present. At minimum, a gatehouse attendant must be present during all business hours of one week per quarter. If this requirement is not met, then a facility shall additionally conduct an origin survey no less frequently than once per reporting period and for at least one week in duration. During the survey week(s), the facility shall survey every load of material received to determine the jurisdiction of origin. A facility shall apply the jurisdiction percentages obtained during the survey week(s) to tonnages that have not been assigned to a jurisdiction of origin in the reporting period.
(B) A transfer/processor or disposal facility without a gatehouse attendant present during any business hours that only accepts material from specified jurisdictions may assign the solid waste to those jurisdictions based on facility usage agreements and restrictions, property records, or other records that are representative of the jurisdictional breakdown of the material received.
(B) If the facility reasonably cannot track jurisdictions of origin for the generated materials but obtains jurisdiction of origin information for accepted materials, then jurisdictions of origin shall be assigned proportionally among the generated materials according to the jurisdictions of origin of the accepted materials.
(2.5) A recycler, composter, broker, or transporter shall determine the jurisdiction of origin for each load of material accepted by requesting such information from the person bringing materials at the time of delivery, using periodic reports from the entities delivering materials, using other methods approved by the Department pursuant to subdivision (m), or, if jurisdiction of origin reasonably cannot be determined by any other method (e.g., if no gate attendant is ever present), then by assigning the tons either to the jurisdiction in which the recycling or composting facility is located or to the jurisdiction within which the material is located when the receiving broker or transporter received the material.
(3) A reporting entity that determines jurisdiction of origin for tons sent pursuant to this article shall determine the jurisdiction of origin based on allocations of inbound materials. A reporting entity may adjust the allocations of inbound percentages from facilities or haulers based on facility-specific practices, such as tracking and sorting individual loads, segregating the flows from different jurisdictions, or gathering other relevant information on the composition and recoverability of the materials from each facility or jurisdiction. Allocations of inbound materials shall be used to determine jurisdiction of origin for tons sent as follows:
(B) If the facility reasonably cannot track jurisdictions of origin for tons sent but obtains jurisdiction of origin information for accepted materials, then jurisdictions of origin shall be assigned proportionally among the tons sent to a destination facility according to the jurisdictions of origin of the accepted materials.
(C) If the facility does not determine jurisdictions of origin pursuant to subparagraph (A) or (B), then the facility shall determine the jurisdiction of origin by assigning the tons either to the jurisdiction in which the recycling, composting, or disposal facility is located or to the jurisdiction within which the material is located when the broker or transporter received the material.
(c) When required by this article, a transfer/processor or disposal facility shall estimate the overall tonnages or percentages from each source sector for materials sent for disposal. Source sector shall be assigned using any of the methods listed in this subdivision, except that, if a particular method is required according to paragraphs (5) through (6), then such method shall be used.
(d) If asked for information on source sector, then a contract hauler shall provide the information at the time of delivery, unless both the contract hauler and receiving facility have previously agreed to periodic reports in lieu of providing information at the time of delivery. In these cases, a contract hauler shall provide the periodic report to the receiving reporting entity within 30 days of the end of the reporting period. When providing source sector information, a hauler shall use any of the following methods to estimate the overall tonnages or percentages of disposal from each source sector sent to the receiving facility:
(e) If a transfer/processor or disposal facility lacks an attendant and is unable to estimate source sector using one of the methods in this section, then the reporting entity shall assign all tonnage to the sector that makes up most of the delivered material based on operator observations of the site traffic or material disposed.
(A) If a transfer/processor or disposal facility records self-haul loads by volume, then they may estimate disposal tonnages using volume-to-weight conversion factors. If a transfer/processor or a disposal facility records self-haul loads by vehicle size and/or type, then they may estimate the disposal tonnages using weight estimates for each vehicle size and/or type.
(C) If a transfer/processor accepts an annual average of less than 100 tons of material per operating day, or less than 200 tons per operating day if located in a rural city or county, as set forth in sections 40183 and 40184 of the Public Resources Code, then they may use volume-to-weight conversion factors or report tonnages weighed at the receiving facility.
(E) When required by subsection (h), a reporting entity who sends material to another reporting entity with a different RDRS number located at the same site using a conveyance system without scales, shall estimate and report tonnages transferred by using volume-to weight-conversion factors, flow rates, or belt scales.
(5) A reporting entity shall indicate in their report if conversion factors were used to estimate tons, retain documentation on the basis and usage of any volume-to-weight conversion factors, and update the factors every three (3) years. The Department may require a reporting entity to revise the factors and reports if the Department determines that volumetric conversion factors are not satisfactory.
(2) A reporting entity who sends separated recyclables or separated organics to another reporting entity with a different RDRS number located at the same site with the same operator is not required to report the tonnages of separated recyclable or organic material transferred between each facility or operation to the Department. The reporting entity responsible for the off-site sale or transfer of the aggregated material shall report the appropriate tonnages to the Department.
(2) Reporting entities shall not report material accepted for recycling or composting, with the exception that reporting entities shall categorize and report tons accepted for recycling as solid waste if these materials are contaminated to an extent such that the material may not be received by a “recycling center” pursuant to section 17402.5(d) of this division.
(B) If the materials are sent as one material stream, then categorize the accepted materials into the stream of the tons sent. For example, if residential curbside green waste is accepted for the explicit purpose of conversion into “processed green material” for potential beneficial reuse, as defined in paragraph (3) of subdivision (b) of section 20690 of Title 27 of the California Code of Regulations, and no residuals are generated, then categorize this inflow stream as green material for potential beneficial reuse.
(C) If the processing or sorting generates two or more streams, then, except as described in subparagraph (D), categorize the accepted materials into the most representative stream type, excluding recycling and composting from the tonnage. For example, if a reporting entity accepts a mixed material stream, which is segregated into 75 percent non-green material for potential beneficial reuse and 25 percent recycling by weight, then the reporting entity shall report accepting non-green material for potential beneficial reuse, ignoring the tons contributed by the recycling.
(1) A contract hauler who sends materials to a reporting entity shall provide to the receiving facility the collection method for those tons at the time of delivery, unless both the hauler and receiving facility have agreed to periodic reports in lieu of providing information at the time of delivery. The hauler shall provide the periodic report to the receiving facility within 30 days of the end of the reporting period.
(D) If the facility generated the materials through a recycling or composting facility or operation that is reporting under the same RDRS registration number as the reporting facility, then determine collection method pursuant to subparagraph (A), (B), or (C), based on how the recycler or composter obtained the materials.
(A) The entire load shall be assigned to the most aggregated collection method that applies to the load. For example, if a load is a mixture of residential 1-bin and 2-bin recycling, then the load would be assigned to residential 1-bin recycling. If a load is a mixture of solid waste and other materials, then the load shall be assigned to a solid waste material stream collection method.
(B) The portion of the load from each source sector shall be estimated using the methods described in subdivision (c). If the source sector portions cannot be estimated, then the entire load shall be assigned to the self-haul sector, unless the reporting entity determines that the load is 50 percent or more of a single sector, in which case that sector shall apply.
(1) The reporting entity shall submit a request to the Department to approve the method. The request shall include the following information: reporting entity name, RDRS registration number, name of the method, value that the method will assess, documentation proving that the method accurately measures the value, and justification for why an alternative method is required. The burden of proof shall fall upon the reporting entity.
Credits
Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41781.4, 41821.5, 41821.6, 41821.7, 41821.8 and 42355.51, Public Resources Code.
History
1. New section filed 3-5-2019; operative 3-5-2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 10).
2. Amendment of section and Note filed 1-23-2024; operative 4-1-2024 (Register 2024, No. 4).
This database is current through 9/27/24 Register 2024, No. 39.
Cal. Admin. Code tit. 14, § 18815.9, 14 CA ADC § 18815.9
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