§ 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.
(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:
(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:
(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.
(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.
(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.
(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.
(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.
Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41821.5 and 41821.6, Public Resources Code.
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
|End of Document|