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§ 18815.3. Registration, Reporting and Exemptions.

14 CA ADC § 18815.3Barclays Official California Code of Regulations

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

14 CCR § 18815.3

§ 18815.3. Registration, Reporting and Exemptions.

Currentness

(a) A reporting entity meeting the criteria in subsection (b) shall register and report on the materials or mixtures or combinations thereof listed in subsection (a)(1). Entities are not required to register and report for the activities listed in subsection (c).

(1) Reportable material categories:

(A) Carpet

(B) Construction and demolition/inert debris

(D) Glass, excluding cathode ray tube glass

(E) Metal

(F) Organics

(G) Paper

(H) Plastic

(I) Solid waste

(J) Textiles

(K) Tire-derived rubber or fuels

(L) White and brown goods

(2) The materials listed in subsection (c)(9) shall not be reported or included in the tonnage thresholds for determining reporting status.

(b) Entities required to register and report:

(1) Permitted disposal facilities that dispose of or beneficially reuse any tonnage with a Registration, Standardized, or Full Permit, including, but not limited to:

(A) Solid waste landfills,

(B) Engineered municipal solid waste (EMSW) conversion facilities,

(D) Inert debris Type A/Type B disposal facilities,

(E) CDI waste disposal facilities,

(F) Industrial waste co-disposal facilities, and

(G) Waste tire disposal facilities.

(2) Haulers, including, but not limited to:

(A) Contract haulers who haul 100 or more tons of materials described in subsection (a)(1) out-of-state per quarter,

(B) Contract haulers who haul 50 or more tons of organics for direct land application per quarter in accordance with section 17852(a)(24.5) of this division, and

(3) Transfer/processing facilities and operations, including Enforcement Agency Notification, Registration, Standardized, and Full Permit, that exclusively transfer or process 2,500 or more tons of CDI per quarter, or transfer or process 100 or more tons of other materials described in subsection (a)(1) per quarter, including, but not limited to:

(A) Contaminated soil operations,

(B) Inert debris processing facilities Type A,

(D) Inert debris Type A processing operations,

(E) Nonhazardous ash transfer/processing operations,

(F) Small volume CDI debris processing operations,

(G) Medium volume CDI debris processing facilities,

(H) Large volume CDI debris processing facilities,

(I) Limited volume transfer/processing operations,

(J) Small volume transfer stations,

(K) Medium volume transfer/processing facilities,

(L) Large volume transfer/processing facilities,

(M) Secondary material processing facilities and operations,

(N) Glass container processing operations,

(O) Direct transfer facilities,

(P) Sealed container transfer operations, and

(Q) Mixed waste processing facilities, and material recovery facilities, that require a solid waste facilities permit.

(4) Recycling facilities and operations that exclusively process CDI and sell or transfer 2,500 or more tons of CDI per quarter, or sell or transfer 100 or more tons of materials described in subsection (a)(1) per quarter, including, but not limited to:

(A) A recycler that handles business-to-business post-industrial materials, but also handles materials that do not meet the criteria in section 18815.2(a)(8) of this article,

(B) Material recovery facilities that do not require a solid waste facilities permit,

(D) Wastewater treatment plants,

(E) Paper pulpers,

(F) Textile fiber reclaimers,

(G) Plastic reclaimers, shredders, grinders, flakers, and pelletizers,

(H) Metal shredders, sorters, and processors,

(I) Glass cullet manufacturers/beneficiators,

(J) Beverage container recycling program recyclers or processors,

(K) Carpet collectors and recyclers,

(L) Construction, demolition & inert debris (CDI) recyclers,

(M) Construction and demolition recyclers,

(N) Inert debris recyclers,

(O) Chipping and grinding facilities or operations,

(P) Medium volume construction and demolition wood debris chipping and grinding facilities,

(Q) Construction and demolition wood debris chipping and grinding operations, and

(R) Automobile shredders.

(5) Composting facilities and operations that sell or transfer 100 or more tons of materials described in subsection (a)(1) per quarter, and are not excluded by section 17855 of this subdivision for composting operations or by section 17896.6 of this subdivision for in-vessel digestion operations, including, but not limited to:

(A) Compostable material handling facilities and operations,

(B) Composting research operations, and

(6) Brokers/transporters who sell or transfer, and control and determine the destination of, 100 or more tons of materials described in subsection (a)(1) per quarter.

(1) End users performing activities including, but not limited to:

(A) Asphalt plants or concrete or Portland cement manufacturing facilities,

(B) Biomass conversion facilities,

(D) Inert debris engineered fill operations,

(E) Metal foundries,

(F) Metal smelters,

(G) Paper converting plants,

(H) Paper mills,

(I) Plastic injection molders, blow molders, and extruders,

(J) Rendering plants, and

(K) EMSW conversion facilities that exclusively convert tires or biomass that have been separated from other solid waste prior to receipt by an EMSW conversion facility.

(2) A generator who is not a food waste self-hauler.

(3) A recycler who only recycles materials they have generated.

(4) A thrift store, automobile dismantler, building supply reclaimer or reuser, and any other person whose primary business is resale for reuse of an object or material and who meets one of the following criteria:

(A) Revenues associated with resale for reuse exceeds revenues associated with recycling or composting activities, or

(B) Tons associated with resale for reuse exceeds total tons associated with recycling or composting activities.

(5) A wastewater treatment plant that:

(A) Only sends material to other wastewater treatment plants, or

(B) Does not sell or transfer organic feedstock or intermediate products off-site.

(6) A Maintenance District Yard.

(7) An Emergency Transfer/Processing Operation.

(8) An Emergency CDI Processing Operation.

(9) A person who exclusively handles:

(A) Household hazardous waste,

(B) Hazardous waste and universal waste,

(D) Medication and sharps,

(E) Used oil,

(F) Paint,

(G) Mattresses,

(H) Business-to-business post-industrial materials. Business-to-business post-industrial recyclers shall self-certify that they are exempt from registration and reporting utilizing RDRS,

(I) Non-hazardous secondary materials excluded from solid waste pursuant to 40 Code of Federal Regulations part 241.4, and

(J) Materials that are reused as defined in section 18815.2(a)(53) of this article.

(10) A broker or transporter who moves or facilitates transactions of material from a reporting entity, but does not determine the destination of the material.

(11) A person who collects material from a generator and delivers the material directly to an end user inside the state, unless the person is a contract hauler hauling material to land application pursuant to section 18815.4(d)(1) of this article.

(12) A contract hauler who hauls solid waste to a reporting entity inside the state. A contract hauler shall provide information to the reporting entity pursuant to section 18815.4 of this article.

(13) A recycler who exclusively uses material for their own end use and does not sell or transfer reportable material.

(d) For a site with multiple activities:

(1) Each disposal facility and transfer/processor located at the same site shall register for a separate RDRS number and file a separate report that provides information specific to that facility.

(2) All recycling and composting facilities or operations operated by the same person and located at the same site may register for a single RDRS number and file a single report that aggregates information on materials sent from all recycling and composting activities pursuant to section 18815.9(h) of this article.

(3) Each recycling and composting facility or operation not operated by the same person and located at the same site shall register for a separate RDRS number and file a separate report that provides information specific to that facility.

(4) For determining registration status or reporting status for an individual reporting entity, a reporting entity shall account for all cumulative tons across all activities conducted at the site by the reporting entity, utilizing the lowest applicable tonnage threshold provided in subsection (b). If any single reportable material handling activity, or the cumulative tonnages of multiple aggregated activities, exceeds the lowest applicable tonnage threshold in subsection (b), the reporting entity shall report all reportable activities conducted by this reporting entity.

(5) A recycling or composting facility or operation operated by the same person and located at the same site as a transfer/processing facility or operation may register and report under the RDRS registration number of the transfer/processing facility or operation. The reporting transfer/processor shall report pursuant to section 18815.9(h)(4) of this article.

(6) A recycling or composting facility or operation operated by the same person and located at the same site as a disposal facility may register and report under the RDRS registration number of the disposal facility. The reporting disposal facility shall report pursuant to section 18815.9(h)(5) of this article.

(e) A reporting entity operating on April 1, 2019, shall register by April 30, 2019.

(f) A reporting entity who begins operation, or changes activities such that reporting is required, after April 1, 2019, shall register within 30 days of being subject to these reporting requirements, and begin reporting for the following quarter.

(g) A reporting entity who becomes permanently inactive or closes shall notify the Department within 30 days and request that their RDRS registration status become permanently inactivated.

(h) A reporting entity who has registered and has an RDRS number, but whose activities have permanently changed such that they no longer meet the reporting requirements outlined in this section, may request that the Department permanently inactivate their RDRS registration. In that request, the reporting entity shall demonstrate to the Department why they no longer should be registered. The burden of proof shall be on the reporting entity. The Department shall act on a request within 60 days. A reporting entity shall continue to report until and unless the Department permanently inactivates the RDRS registration. For example, a reporting entity whose activities have changed such that they now exclusively engage in the handling of materials described in subsection (c)(9), such as business-to-business post-industrial materials, may request that the Department permanently inactivate their RDRS registration status.

(i) A reporting entity who is registered but has cumulative tonnages below reporting thresholds for a reporting period shall notify the Department that they have nothing to report for the reporting period.

(j) A reporting entity shall comply with the applicable requirements specified in sections 18815.4 through 18815.8 of this article.

(k) A reporting entity who transfers, sells or sends intermediate products to an end user shall report on the tons of material aggregated by end user category for each region as set forth in this subsection.

(1) Regions shall be reported as follows:

(A) End users located within California shall be reported by county.

(B) End users located in the United States, but outside California, shall be reported by state.

(2) Reporting entities shall report end user categories as defined in section 18815.2(a)(24) of this article.

(3) A reporting entity may aggregate end users in small vehicles (automobiles, pickups, and small trailers) who pick up material from their facility or operation and assign them to the county in which the site is located.

(l) If a reporting entity sends material to a person and cannot determine if the person is an end user inside or outside California, a reporting entity inside California, or a recycler or composter outside California, then the reporting entity shall:

(1) Report the individual tonnages and materials as if the receiver is a reporting entity, and

(2) Supply the Department with contact information for that person in their report.

(m) Reporting entities shall commence filing reports using RDRS for the reporting period beginning July 1, 2019.

(n) A registered reporting entity shall file a report for each reporting period using RDRS, and ensure that the information they submit, other than that which was provided by a third party, is accurate, complete, and entered electronically.

(1) A reporting entity shall use information available at the time the report is due. If the reporting entity has not received the required information from a person, either directly or through RDRS, then the reporting entity shall submit all available information in their report to the Department and identify the reporting entities who have not provided them with the required information.

(2) If a reporting entity identifies an error in a previously submitted report, then they shall correct the error and notify the Department within 10 business days, unless additional time is necessary to correct the error. In no case shall the corrections be delayed more than an additional 14 days, unless agreed to by the Department.

(3) Each report to the Department shall include:

(A) The contact information and RDRS number of the person submitting the report;

(B) The contact information and RDRS number, if applicable, of each person or reporting entity receiving materials from the reporting entity, with the exception of:

(i) Material that may be aggregated by category and region as specified in subsections (k) and (l).

(4) If the day of a reporting deadline is a weekend or holiday, a reporting entity shall submit the report on the next business day.

(o) A reporting entity shall designate a person who has signature authority to submit the report.

(p) If the Department has reason to believe that a person has not registered or reported as required by this article, then the burden of proof shall be on that person to demonstrate otherwise, through documentation such as business records, receipts, invoices, or similar records. At the time that the Department requires a person to provide evidence that they are not required to register or report, the Department shall provide a written description of the information that has caused the Department to believe that the person is required to register and report. Nothing in this subsection is intended to require the Department to disclose the name or other identifying information regarding any individual(s) who have provided information indicating that the person may be required to report. Nothing in this section precludes the Department from inspecting a business to verify that it is conducted in a manner that meets the provisions of this subsection, or from taking any appropriate enforcement action pursuant to this article.

Credits

Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41821.5 and 41821.6, 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).

This database is current through 3/10/23 Register 2023, No. 10.

Cal. Admin. Code tit. 14, § 18815.3, 14 CA ADC § 18815.3

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