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§ 18815.3. Registration, Reporting and Exemptions.

14 CA ADC § 18815.3Barclays 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 § 18815.3

§ 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 division for composting operations or by section 17896.6 of this division 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.

(10.5) A broker or transporter who determines the destination of the material but receives the material outside of California.

(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 materials 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 individual reporting entities, all reporting entities at the site, other than entities that are exempt from reporting pursuant to subdivision (h), operated by the same person shall account for all cumulative tons across all activities conducted at the site by that person, utilizing the lowest applicable tonnage threshold provided in subdivision (b). If the tonnages of any single reportable material handling activity conducted by the person or the cumulative tonnages across all the person's activities exceed the lowest applicable tonnage threshold in subdivision (b), then all such reporting entities shall report all of their reportable activities, either individually or in the aggregate as provided in this subdivision.

(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.

(7) A recycling or composting facility or operation that does not register and report under the same RDRS number as another recycling or composting facility or operation, transfer/processing facility or operation, or disposal facility pursuant to paragraph (2), (5), or (6), respectively, shall register and report under their own unique RDRS registration number.

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

(f) After April 1, 2019, a reporting entity who begins operation or changes activities such that their reporting requirement changes shall register and report as follows:

(1) If a reporting entity is not already registered in RDRS, then the entity shall register within 30 days of being subject to the reporting requirements of this article. If the entity became subject to this article's reporting requirements in any quarter before January 1, 2025, then the entity shall begin reporting as of the quarter immediately following such quarter. If the entity became subject to this article's reporting requirements in a quarter ending after January 1, 2025, then the entity shall begin reporting as of such quarter. A reporting entity's obligation to submit all quarterly reports, including for quarters prior to the date the entity registers in RDRS, shall apply as specified in this paragraph and be subject to enforcement by the Department pursuant to this article regardless of whether the entity registers in RDRS within the period specified by this paragraph.

(2) A reporting entity that is registered in RDRS but includes its tonnages in another facility's report pursuant to subdivision (d) shall begin reporting separately as of the quarter during which the reporting entity's activity changes such that combined reporting is no longer allowed.

(3) A reporting entity that is registered in RDRS but not reporting due to inactivity or an exemption pursuant to subdivision (g) or (h) shall resume reporting as of the quarter during which its activity changes such that reporting requirements apply to it.

(g) A reporting entity who becomes inactive or had operated on a site that closed shall notify the Department within 30 days of such inactivity or closure taking effect and request that their RDRS registration status be changed accordingly. In such request, the reporting entity shall demonstrate to the Department why their status should be changed to inactive or closed. If the Department determines that the reporting entity is inactive or the site is closed, then the Department shall grant the request. The Department shall act on the request within 60 days. The reporting entity shall continue to report until and unless the Department approves the inactivity or closure request. The Department shall not approve a request if the reporting entity has not submitted a report for any reporting period for which the reporting entity was required to report. If the Department approves the request, then the effective date of the approval shall not be prior to the date of the request, and the Department shall notify the reporting entity of the effective date of the approval. The reporting entity shall still be responsible for submitting reports for reporting periods before such effective date.

(h) A reporting entity who has registered and has an RDRS number, but whose activities have changed such that they no longer meet the reporting requirements outlined in this section, may request that the Department exempt their RDRS number from reporting. In that request, the reporting entity shall demonstrate to the Department why the exemption is appropriate. If the Department determines that the reporting entity's activities have changed such that they no longer meet the reporting requirements outlined in this section, then the Department shall grant the request. The Department shall act on the request within 60 days. The reporting entity shall continue to report until and unless the Department exempts the entity from reporting. For example, a reporting entity whose activities have changed such that they now exclusively engage in the handling of materials described in paragraph (c)(9), such as business-to-business post-industrial materials, may request that the Department exempt their RDRS number from reporting. The Department shall not approve a request if the reporting entity has not submitted a report for any reporting period for which the reporting entity was required to report. If the Department approves the request, then the effective date of the approval shall not be prior to the date of the request, and the Department shall notify the reporting entity of the effective date of the approval. The reporting entity shall still be responsible for submitting reports for reporting periods before such effective date.

(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 is accurate, complete, and entered electronically. The reporting entity shall not be responsible for information provided by a third party, except as described in paragraph (5).

(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 revise such report to correct the error and notify the Department within 10 business days. If the Department notifies a reporting entity in writing of an error in a previously submitted report, then the reporting entity shall revise such report to correct the error within 10 business days.

(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.

(5) If the Department notifies reporting entities of a discrepancy between their submitted reports, or if the reporting entities discover a discrepancy themselves, then it shall be the responsibility of the reporting entities to compare relevant records and resolve the discrepancy in each of their reports within 10 business days. However, the reporting entities may notify the Department of the reasons why resolving the discrepancy cannot be completed within 10 business days, and the Department may extend the deadline up to an additional 10 business days, as necessary to accommodate such reasons. This paragraph shall not require reporting entities to share with other entities any records or information that constitute trade secrets, as defined in subdivision (d) of Section 3426.1 of the Civil Code, that are confidential pursuant to section 18815.12 of this article, or that are otherwise not subject to disclosure by the Department under the California Public Records Act, commencing with section 7920.000 of Division 10 of Title 1 of the Government Code.

(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, has provided inaccurate information during registration, or has filed a report with an error, then the burden of proof shall be on that person to demonstrate otherwise, through documentation such as business records, receipts, invoices, or similar records. With any notice that such proof is required, the Department shall include a written description of the information on which it bases such requirement.. The person shall respond to the notice and resolve the identified issues within 10 business days of receipt. Nothing in this subsection is intended to require the Department to disclose the name of, or other identifying information regarding, any individuals who have provided information related to this notice. Nothing in this section precludes the Department from inspecting a business to verify that the business meets the provisions of this subdivision or from taking any appropriate enforcement action pursuant to this article.

(q) Registration within RDRS shall proceed as follows:

(1) A person shall register their sites and the reporting entities contained within the sites. A single site may include multiple reporting entities only if all reporting entities within the site have the same operator and are located at the same physical address or multiple adjacent physical addresses, pursuant to paragraph (56) of subdivision (a) of section 18815.2 of this article. Each reporting entity with a different operator or located at a different location requires a different site. Sites with multiple reporting entities shall report as described in subdivision (d).

(2) During registration, a person shall provide for each site:

(A) Contact information for both the site and a representative of the site;

(B) For each reporting entity on the site:

(i) The name, activity type, and, if requested by the Department, identification numbers or other identifiers assigned to the reporting entity by the Department;

(ii) When the reporting entity became subject to reporting requirements pursuant to this article;

(iii) Beginning in reporting period 1 of 2025, if the reporting entity is also registered in SWIS, the SWIS number and SWIS activity type associated with that specific reporting entity. Entities registered in RDRS prior to reporting period 1 of 2025 who are also registered in SWIS shall provide their SWIS number and SWIS activity type by the end of reporting period 1 of 2025;

(iv) Contact information for a person who has signature authority to submit the reporting entity's reports.

(3) If a person identifies an error in their registration information, then they shall correct the error and notify the Department within 10 business days of discovering such error.

(r) If a reporting entity that does not meet the reporting thresholds described in subdivision (b) sends materials to a destination reporting entity inside the state, then the sending reporting entity shall provide information to the destination reporting entity pursuant to sections 18815.4 through 18815.8 of 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).

2. Amendment of subsection (b)(5), new subsection (c)(10.5), amendment of subsections (c)(12) and (d)(4), new subsection (d)(7), amendment of subsection (f), new subsections (f)(1)-(3), amendment of subsections (g)-(h), (n) and (n)(2), new subsection (n)(5), amendment of subsection (p) and new subsections (q)-(q)(3) and (r) filed 1-23-2024; operative 4-1-2024 (Register 2024, No. 4).

This database is current through 4/19/24 Register 2024, No. 16.

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

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