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 18808.4 - Hauler Records: Retention, Access, and Investigations

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A hauler 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 facilities and agencies
				  pursuant to sections
				  18808.7 and
				  18808.9(a),
				  respectively.
(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, operators, districts, and the Board to
				  inspect the records during normal business hours in a single location within
				  California. Operators shall only be allowed to inspect records relating to
				  their own operations. A hauler 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 hauler shall make the records promptly available
				  for inspection. The hauler 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 hauler 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 hauler 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 hauler 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.