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 › Article 9.25 - Recycling and Disposal Reporting System › Section 18815.12 - Confidentiality of Reports and Records and Record Review Requirements for a Reporting Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  reporting entity shall provide access to the records required by this article
				  to any authorized representative of the Department upon request.
(b) If the Department requests copies of
				  specific records either prior to, in lieu of, or after an inspection, then a
				  reporting entity shall provide the copies within 10 business days, unless
				  additional time is necessary to search for, collect, and examine records to
				  respond to the request. In no case shall the copies be delayed more than an
				  additional 14 days, unless agreed to by the Department.
(c) A reporting entity shall provide records
				  to the Department electronically, and in a format that will allow effective
				  review, such as searchable portable document format (PDF), spreadsheet, or
				  other searchable format.
(d)
				  Pursuant to section
				  41821.5(g)(7)
				  of the Public Resources Code, a reporting entity may redact the records subject
				  to inspection or copying by the Department before inspection or submittal, to
				  exclude confidential pricing information contained in the records, such as
				  contract terms and conditions, including information on pricing, credit terms,
				  volume discounts, and other proprietary business terms.
(e) Pursuant to section
				  41821.5(g)(1)
				  of the Public Resources Code, the records maintained by a reporting entity to
				  support a report shall be confidential and shall not be subject to disclosure
				  by the Department under the California Public Records Act [ Division 10
				  (commencing with section
				  7920.000)
				  of Title 1 of the Government Code].
(f) Pursuant to section
				  41821.5(i)
				  of the Public Resources Code, a reporting entity may designate information as a
				  trade secret and request that the records provided to the Department in
				  accordance with this section be exempt from disclosure. The Department will
				  review the request as provided in Public Resources Code section
				  40062
				  and implementing regulations.
(g)
				  For purposes of this article, whether retained by a reporting entity or
				  submitted to the Department as part of a report required by this article or as
				  part of an audit or in lieu of an audit, the following types of records shall
				  be deemed to be confidential and not subject to disclosure by the Department,
				  whether or not the record is identified as such by the person furnishing the
				  information to the Department, without the need to follow the procedure set
				  forth in section 17046(c):
(1) Weight
				  tickets,
(2) Customer
				  lists,
(3) Pricing or similar
				  financial data, or
(4) Any other
				  information, from which the identity of any account, customer, vendor, buyer,
				  supplier, end user, or other source or transferee of recyclable material may be
				  reasonably ascertained, such as name, address, or other identifying
				  information. For purposes of this subdivision, tonnages of any type of
				  recyclable materials sent shall not constitute information from which the
				  identity of any source or transferee of recyclable material may be reasonably
				  ascertained if the information is aggregated by jurisdiction, regardless of the
				  number of reporting entities that are the source or transferee of such
				  materials.