Disposal Reporting System: Enforcement

Failure to Comply with Disposal Reporting System (DRS) Requirements

• Background
• Types of Violations
• Out of Compliance
• More Information

Background

What is the basis for the DRS?

The creation of a Disposal Reporting System (DRS) and the obligation of facilities and haulers to report solid waste origin and tonnage information is mandated by California Public Resources Code (PRC) Section 41821.5.Title 14, Chapter 9, Article 9.2 of the California Code of Regulations (CCR) govern the rules and structure of DRS. All records in the DRS database use data from solid waste haulers, transfer stations, or permitted disposal facilities (including transformation facilities). The data are compiled and triple-checked by CIWMB staff before being displayed on the web.

Definitions

For the purposes of this section:

• Facilities means landfills, transfer stations, materials recovery facilities, and transformation facilities.
• Agencies means counties and Board-approved regional agencies.
• Hauler means a person who collects solid waste from a solid waste generator or his or her own waste, and transports the waste to a solid waste facility. "Hauler" does not include a person who transports solid waste from a transfer station to another facility.

Why Identify Noncompliant Haulers, Facilities, or Agencies?

Disposal tonnages underpin the diversion rate measurement system which is at the heart of the Integrated Waste Management Act. Solid waste haulers, facilities, and reporting agencies support the accuracy of the measurement system by adhering to the regulations, and thereby assist jurisdictions sending waste to those facilities in meeting their diversion goals. Jurisdictions are required to prepare and submit annual reports to the Board that include diversion rate calculations based on disposal reporting data (Title 14, CCR, Chapter 9, Article 9, Section 18794.1 and Article 9.2, Section 18813.9). Accurate allocations of disposal tons to the appropriate jurisdictions are critical for jurisdictions to adequately plan and implement programs to meet their diversion goals. Timely reporting of the data is important to allow for data verification and to research any data anomalies. Jurisdictions that do not achieve their diversion goals and cannot demonstrate good faith effort in planning and implementing programs to achieve their goals can be fined up to $10,000 per day (PRC 41813).

Types of Violations

There are three basic types of violations:

• Failure to submit required disposal data. These requirements apply to facilities, haulers, and agencies. Title 14, CCR, Sections 18808.10, 18809.10, 18810.10, 18811.10, and 18812.10 set forth submission dates for the DRS.
• Failure to ask waste origin questions when waste is delivered. This applies to facilities only. Title 14, CCR, Sections 18809.6, 18810.6, and 18811.6 set forth guidelines and dates for waste origin surveys. The CIWMB maintains an ongoing program to determine whether facilities are asking waste origin questions.
• Failure to allow reasonable access to disposal records. This applies to facilities, haulers, counties, and Board-approved regional agencies. Title 14, CCR, Sections 18808.4, 18809.4, 18810.4, 18811.4, and 18812.4 set forth requirements for access to DRS data.

Currently, the CIWMB has only taken action on failure to submit DRS data; however, this is subject to change in the future depending upon circumstances and Board action.

Out of Compliance with DRS Reporting Requirements

How does a hauler, facility, or agency get placed on this list?

Here are two examples:

1. If CIWMB staff are unsuccessful after repeated attempts to obtain correct data from a waste hauler, facility, or agency, staff will bring the agenda item before the Board in an open public meeting. The Board decides whether to place the name of the noncompliant entity on the list.
2. If a facility fails to comply with Title 14, CCR, Sections 18809.6, 18810.6, and 18811.6 by not requesting jurisdiction of origin information during the designated survey weeks for three successive visits by CIWMB staff, staff will inform the Board at an open public meeting, place the name of the noncompliant entity on the list, and the Board may take other actions it deems appropriate.

How does a hauler, facility, or agency get removed from this list?

Here are two examples:

1. When the missing DRS data is submitted to the CIWMB, that event will be noted in the table, and the entire entry will appear in strikethrough type. After the two-year Biennial Review cycle is over, and all jurisdictions that could be impacted by the missing data have been reviewed by the Board, the entry will be removed.
2. After a facility has complied with Title 14, CCR, Sections 18809.6, 18810.6, and 18811.6 for three successive survey week site visits by CIWMB staff, the facility name will appear in strikethrough type. After the two-year Biennial Review cycle is over, and all jurisdictions that could be impacted by the missing data have been reviewed by the Board, the entry will be removed.

The entities on this list have failed to comply with PRC 41821.5(a) for the time periods listed.

More Information

The following links provide more information about DRS requirements for:

• Haulers—Title 14, CCR, Sections 18808-18808.11
• Transfer Stations—Title 14, CCR, Sections 18809-18809.11
• Landfills—Title 14, CCR, Sections 18810-18810.11
• Transformation Facilities—Title 14, CCR, Sections 18811-18811.11
• Agencies—Title 14, CCR, Sections 18812-18812.11

Local Government Central Enforcement

Last updated: August 22, 2008