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 9.2 - Disposal Reporting System › Section 18811.4 - Transformation Facility Records: Retention, Access, and Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) An operator
				  shall prepare disposal reporting records and shall:
(1) Include all information, methods, and
				  calculations required by this Article.
(2) Keep quarterly documentation that
				  verifies jurisdiction of origin allocations reported to the agency in which the
				  transformation facility is located pursuant to section
				  18811.9(b).
(3) Use a reasonable method to gather the
				  information, such as locally required or facility specific reporting forms,
				  electronic systems, or the optional paper or electronic reporting forms
				  developed by the Board.
(4)
				  Maintain all records for three years in a usable format, such as on electronic
				  media (computer files) or paper copies.
(5) Allow representatives of involved
				  jurisdictions, the agency, haulers, operators, districts, and the Board to
				  inspect the records during normal business hours in a single location within
				  California. Haulers and operators shall only be allowed to inspect records
				  relating to their own operations. An operator is not required to provide
				  records of a jurisdiction's disposal information for reporting years for which
				  the Board has already completed the biennial review cycle for the applicable
				  jurisdiction pursuant to section
				  41825
				  of the Public Resources Code.
(A) Upon a
				  request to review records, the operator shall make the records promptly
				  available for inspection. The operator shall respond to the request within ten
				  days, but may indicate that additional time is necessary to make the records
				  available due to time necessary to search for, collect and examine records to
				  respond to the request. In no case shall the inspection be delayed more than an
				  additional 14 days, unless agreed to by the requestor.
(B) If copies of specific records are
				  requested, either in lieu of inspection or after inspection, the operator shall
				  respond to the request for copies within ten days, but may indicate that
				  additional time is necessary to make the copies due to time 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
				  requestor. The operator may charge a fee to cover the actual cost of copying.
				  In no case shall the fee exceed ten cents per page, unless local public records
				  act requirements establish another rate.
(C) If a hauler or operator believes that a
				  records request includes information that has been labeled confidential or
				  proprietary by the entity providing that information as defined in sections
				  17044 through
				  17046, the operator shall inform
				  the Board. The Board shall use the procedures set forth in section
				  17046 to determine which records,
				  or parts of records, may be inspected.