(a) A landfill shall be equipped with scales if both of the following criteria apply:

(b) A landfill located in a rural city or rural county, as set forth in sections 40183 and 40184 of the Public Resources Code, shall be equipped with scales if both of the following criteria apply:

(c) An operator of a landfill equipped with scales 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 (d). If a landfill'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 (d) until the scales are back in operation.

(d) For all solid waste that a landfill 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 landfill shall meet the following guidelines:

(e) An operator of a landfill not required to have scales as set forth in subsection (a) or (b), shall estimate the weight of every load of solid waste using reasonable and documented volumetric conversion factors for each type of vehicle and/or trailer that hauls waste to the landfill and/or each type of load (e.g. C&D debris/inert debris load) hauled to the landfill. The operator shall identify all volumetric conversion factors for each vehicle and/or trailer type and/or load type and include a description of the method used to determine the conversion factors used in the landfill's annual report of disposal reporting methods as set forth in section 18810.9(h). The operator shall make all documentation of volumetric conversion factors available for review by Board staff upon request. If the Board determines that volumetric conversion factors are not reasonable or adequately supported, the Board may require the operator to establish new volumetric conversion factors.

(f) An operator of a landfill required to have scales as set forth in subsection (a) or (b) may request an exemption from the requirement to obtain scales if the landfill operator can demonstrate that circumstances exist that make compliance with this requirement a hardship. An operator shall submit a request for an exemption to the Board as set forth in subsections (h) through (k). An operator shall submit a request no later than 150 days after January 1, 2006. If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) after January 1, 2006, an operator shall submit the request for an exemption within 150 days.

(g) An operator of a landfill required to have scales as set forth in subsection (a) or (b) 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 for an exemption to the Board as set forth in subsections (h) through (k).

(h) A landfill operator's request for an exemption from obtaining scales or request to implement an alternative weighing system shall include the following minimum information:

(i) Prior to submitting a request for an exemption from the scales requirement or 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 those listed below. However, nothing in this requirement is intended to allow any of these parties to seek or impose conditions on the requestor for favorable comments, nor does this section give them any authority to approve or disapprove the request.

(j) An operator shall send a request for an exemption from the scales requirement or 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.

(k) 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.

(l) If subsequent to an approval of an exemption from the scales requirement or a request to implement an alternative weighing system, the Board determines a landfill no longer meets the criteria of this section, the Board may rescind the approval.

(m) All volumetric conversion factor(s) used for the purposes of this Article, shall be the same as the volumetric conversion factor(s) used to determine the number of tons that are subject to the fee pursuant to section 48000 of the Public Resources Code and section 45151 of the Revenue and Taxation Code.

(n) 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 obtain scales or 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.

(o) A landfill required to have scales as set forth in subsection (a) or (b), that has not requested and received a Board exemption from this requirement or has not received approval of an alternative weighing system, shall be required to obtain and begin operating the scales by January 1, 2007.

(p) If a landfill becomes subject to the scales requirement as set forth in subsection (a) or (b) subsequent to January 1, 2006, the operator shall obtain and begin operating the scales by January 1 of the year following the year the landfill became subject to the requirement. The operator may submit a request for an exemption from the scales requirement or a request to implement an alternative weighing system as set forth in subsections (f) through (k).