reglab/statecodes huggingface dataset:
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 9.3 - Adjustment Method for Calculating Changes in Waste Generation Tonnage [Renumbered] › Section 18827 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 40502 and 41780.1, Public
						Resources Code. Reference: Sections 41780.1, 41780.2,41781 and 41821, Public
						Resources Code.
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 9.3 - Adjustment Method for Calculating Changes in Waste Generation Tonnage [Renumbered] › Section 18828 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 40502 and 41780.1, Public
						Resources Code. Reference: Sections 41780.1, 41780.2,41781 and 41821, Public
						Resources Code.
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 9.3 - Adjustment Method for Calculating Changes in Waste Generation Tonnage [Renumbered] › Section 18829 - Adjustment Factor Sources

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 40502 and 41780.1, Public
						Resources Code. Reference: Sections 41780.1, 41780.2,41781 and 41821, Public
						Resources Code.
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 9.3 - Adjustment Method for Calculating Changes in Waste Generation Tonnage [Renumbered] › Section 18830 - Adjustment Method Calculation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 40502 and 41780.1, Public
						Resources Code. Reference: Sections 41780.1, 41780.2,41781 and 41821, Public
						Resources Code.
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 9.3 - Adjustment Method for Calculating Changes in Waste Generation Tonnage [Renumbered] › Section 18831 - Reporting Requirements. [Repealed]

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Note: Authority cited: Sections 40502 and 41780.1, Public
						Resources Code. Reference: Sections 41780.1, 41780.2,41781 and 41821, Public
						Resources Code.
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 18815.1 - Scope and Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  This article implements the reporting system set forth in sections
				  41821.5
				  through
				  41821.8
				  of the Public Resources Code.
(b)
				  Nothing in this article shall prevent a government entity from requiring a
				  reporting entity to supply additional information on activities related to
				  disposal, diversion, composting or recycling based upon its own separate
				  authority granted by section
				  41821.5(g)
				  of the Public Resources Code, or based upon local ordinances, franchise terms
				  or other agreements.
(c) The
				  Department shall maintain the confidentiality of information in reports
				  submitted to the Department as required by section 18815.12 of this article,
				  the California Public Records Act [Division 10 (commencing with section
				  7920.000)
				  of Title 1 of the Government Code], section
				  40062
				  of the Public Resources Code, and Title 14 of California Code of Regulations
				  [Division 7, Chapter 1, Article 4 (commencing with section 17041)].
(d) In order to protect data quality, ensure
				  timely reporting, and expedite the reporting process, especially when material
				  is flowing between several reporting entities, the Department will serve as a
				  central repository of information that is required to be reported by reporting
				  entities. If a person is required to report based on the criteria in section
				  18815.3 of this article, then the person shall report using the methods
				  outlined in section 18815.9 of this article and comply with the applicable
				  requirements for:
(1) Haulers in section
				  18815.4 of this article,
(2)
				  Transfer/processors in section 18815.5 of this article,
(3) Disposal facilities in section 18815.6 of
				  this article,
(4) Recycling and
				  composting facilities and operations in section 18815.7 of this article,
				  or
(5) Brokers and transporters in
				  section 18815.8 of this article.
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 18815.3 - Registration, Reporting and Exemptions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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
(C)
				  Furniture, excluding mattresses
(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
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 18815.4 - Reporting Requirements for Haulers

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  For all material delivered to a reporting entity, a self-hauler shall provide
				  to the reporting entity the jurisdiction of origin of the material and, to the
				  extent applicable to the self-hauler, collection method for the material.
				  Collection method information applicable to self-haulers includes, but is not
				  limited to, source sector and material stream. A self-hauler does not have to
				  report to the Department unless they are a food waste self-hauler.
(b) Food waste self-haulers shall report to
				  the Department the tons of food waste sent as follows:
(1) To a reporting entity inside California,
				  report the tons of each material type, pursuant to section 18815.9 of this
				  article, and their contact information and RDRS number.
(2) To an end user inside or outside
				  California, report the tons of each material type, pursuant to section 18815.9
				  of this article, sent to each end user category, by region, pursuant to section
				  18815.3(k) of this article.
(3) To
				  a recycling or composting facility or operation outside California, report the
				  tons of each material type, pursuant to section 18815.9 of this article, by
				  region, pursuant to section 18815.3(
l
) of this
				  article.
(4) To each
				  transfer/processor or disposal facility outside California, report the tons of
				  each material type, pursuant to section 18815.9 of this article, sent to each
				  person, and their contact information.
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 18815.5 - Reporting Requirements for Transfer/Processors

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In
				  their report to the Department, a transfer/processor shall provide the
				  following information, using the methods described in section 18815.9 of this
				  article:
(1) For all tons accepted:
(A) From another transfer/processor, report
				  the tons of each of the following streams: solid waste, disaster debris,
				  designated waste, green material potential beneficial reuse, and all other
				  potential beneficial reuse accepted from each facility. Report the sending
				  facility's contact information and RDRS number, if applicable. If a reporting
				  transfer/processor accepts solid waste or green material for potential
				  beneficial reuse from another transfer/processor and the destinations to which
				  the reporting transfer/processor will send those materials vary depending on
				  the materials' respective jurisdictions of origin, then the reporting
				  transfer/processor shall report the solid waste or green material for potential
				  beneficial reuse as having been received via direct haul pursuant to
				  subparagraph (B), using origin information provided by the transfer/processor
				  from whom the reporting transfer/processor accepted the tons, pursuant to
				  subdivision (h).
(B) For
				  direct-hauled material, report the total aggregated tons of each of the
				  following streams: solid waste, disaster debris, designated waste, green
				  material potential beneficial reuse, and all other potential beneficial reuse.
				  The tonnages for solid waste and green material potential beneficial reuse
				  shall be further divided by jurisdiction of origin.
(C) Include accepted residuals generated by a
				  recycling or composting facility or operation that is reporting under the same
				  RDRS number as a transfer/processing facility or operation, pursuant to section
				  18815.3(d)(5) of this article, in the total tons accepted as direct-hauled,
				  pursuant to subsection (1)(B), assigning the tons a jurisdiction of origin
				  determined pursuant to section 18815.9(b)(2.4) of this article.
(D) For materials that are processed for
				  purposes other than disposal or potential beneficial reuse, report the tons by
				  collection method, pursuant to section 18815.9(
l
) of this
				  article.
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 18815.6 - Reporting Requirements for Disposal Facilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  All permitted disposal facilities shall report each quarter to the Department.
				  In their report to the Department, a disposal facility shall provide the
				  following information for all tons disposed, with the exception of tires and
				  biomass that have been separated from other solid waste prior to receipt by an
				  EMSW conversion facility, using the methods in section 18815.9 of this article:
(1) For all tons received for disposal from a
				  transfer/processor, report the tons of each stream disposed, including solid
				  waste, disaster debris, and designated waste from each transfer/processor, and
				  their contact information and RDRS number, if applicable.
(2) For all direct-hauled material, report
				  the total aggregated tons of each of the following streams: solid waste,
				  disaster debris, and designated waste.
(A)
				  Report the tons of solid waste disposed from each jurisdiction of
				  origin.
(B) Report an estimate of
				  the aggregated solid waste tons, or overall percentage, from each source
				  sector, using methods described in section 18815.9(c) of this
				  article.
(C) For direct-hauled
				  disaster debris not commingled with other solid waste, report the tons
				  disposed.
(D) For direct-hauled
				  designated waste not commingled with other solid waste, report the tons
				  disposed.
(E) Include accepted
				  residuals generated by a recycling or composting facility or operation that is
				  reporting under the same RDRS number as a disposal facility, pursuant to
				  section 18815.3(d)(6) of this article, in the total tons accepted as
				  direct-hauled, assigning the tons to a jurisdiction of origin determined
				  pursuant to section 18815.9(b)(2.4) of this article.
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 18815.10 - Procedure for Imposing Civil Liabilities

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Department shall impose
				  administrative civil penalties in accordance with the procedures set forth in
				  this section.
(b) Prior to
				  initiating any enforcement proceeding, the Department shall notify a reporting
				  entity in writing of any alleged failure to comply with this article. The
				  notification will include all of the following:
(1) A description and dates of the alleged
				  compliance failures.
(2) A
				  compliance deadline that allows for reasonable time to remedy.
(3) Any potential penalties that may be
				  assessed if the compliance deadline is not met.
(4) Notification that if the alleged
				  violation or compliance failure is corrected by the deadline, then no further
				  enforcement will be pursued by the Department.
(5) Notification that if there are
				  extenuating circumstances, then the Department can extend the compliance
				  deadline.
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 18815.11 - Record Retention Requirements for a Reporting Entity

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A
				  reporting entity shall retain a copy of all reports and supporting records that
				  were used in creating those reports at their place of business for five (5)
				  years.
(b) As applicable to the
				  type of reporting entity, records to be retained shall include, but are not
				  limited to:
(1) The specific generator
				  locations for loads of material for which jurisdiction of origin is required to
				  be reported by this article.
(2)
				  Bills of lading, receipts, monthly billing statements to any person
				  transferring material, and contact information for those entities.
(3) Daily log entries prepared by the
				  reporting entity detailing the acceptance, transport, or delivery of material,
				  the associated amounts, sources, material types, jurisdictions of origin, and
				  the associated dates.
(4) Weight
				  tags for individual haulers, transfer or other loads that identify the hauler,
				  vehicle, vehicle type, quantity and unit of measure, date, waste type, and
				  jurisdiction of origin of material delivered, transported, or
				  received.
(5) All base data,
				  methods and calculations used to derive information in a report.
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 18815.13 - Complaints Regarding Non-Compliance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) In their quarterly report to the
				  Department, a reporting entity shall inform the Department of specific
				  allegations of non-compliance by another reporting entity who fails to provide
				  them with the information required by this article. The reporting entity shall
				  provide the relevant and specific details for each occurrence
				  reported.
(b) In their quarterly
				  report to the Department, a reporting entity shall inform the Department if
				  they have evidence suggesting the information provided to them by another
				  reporting entity, as required by this article, is inaccurate. The reporting
				  entity shall provide the relevant and specific details for each occurrence
				  reported.
(c) Affected or involved
				  parties who are not reporting entities, such as jurisdictions, may report
				  specific allegations of non-compliance by a reporting entity. The party
				  reporting the alleged non-compliance shall identify the reporting entity and
				  the facts upon which their allegation is based so the Department may
				  investigate appropriately.
1. New
					 section filed 3-5-2019; operative 3-5-2019 pursuant to Government Code section
					 11343.4(b)(3)
					 (Register 2019, No. 10).
Note: Authority cited: Sections
						40502
						and
						41821.5,
						Public Resources Code. Reference: Sections
						41821.5,
						41821.6,
						41821.7
						and
						41821.8,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9.1 - Mandatory Commercial Recycling › Section 18835 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
This Chapter implements Mandatory Commercial Recycling
				  pursuant to §
									42649
				  of the Public Resources Code. The purpose of the statute is to reduce
				  greenhouse gas emissions by diverting commercial solid waste to recycling
				  efforts and to expand the opportunity for additional recycling services and
				  recycling manufacturing facilities in California.
1. New chapter
				  9.1 (sections
				  18835-18839) and section filed
				  5-7-2012; operative 5-7-2012 pursuant to Government Code section
				  11343.4
				  (Register 2012, No. 19).
Note: Authority cited: Section
					 40502,
					 Public Resources Code. Reference: Section
					 42649,
					 Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9.1 - Mandatory Commercial Recycling › Section 18836 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The following
				definitions shall govern the provisions of this Chapter.
(1) "Business" means any commercial or public
				entity that generates four cubic yards or more of commercial solid waste per
				week, including, but not limited to, a firm, partnership, proprietorship,
				joint-stock company, corporation, or association that is organized as a
				for-profit or nonprofit entity, strip mall (e.g. property complex containing
				two or more commercial entities), industrial facility, school, school district,
				California State University, community college, University of California,
				special district or a federal, state, local, or regional agency or facility.
				For purposes of this Chapter, "business" also includes a multi-family
				residential dwelling of five units or more, regardless of the amount of
				commercial solid waste generated.
(2) "Commercial solid waste" means all types
				of solid waste, including recyclable materials that are discarded from
				businesses as defined in subdivision (1), but does not include waste from
				single family residences or multifamily units of less than 5 units and does not
				include industrial waste.
(3)
				"Franchise" means any agreement between a jurisdiction and a hauler for
				transporting commercial solid waste.
(4) "Hauler" means any person, commercial or
				public entity which collects, hauls, or transports solid waste for a fee by use
				of any means, including but not limited to, a dumpster truck, roll off truck,
				side-load, front-load, or rear-load garbage truck, or a trailer.
(5) "Mixed Waste Processing" means processing
				solid waste that contains both recyclable and/or compostable materials and
				trash.
(6) "Self hauler" or "self
				hauling" means a business that transports its own waste and/or recyclables
				rather than contracting with a hauler for that service.
(7) "Source separating" or "source
				separation" means the process of removing recyclable materials from solid waste
				at the place of generation, prior to collection, and placing them into separate
				containers that are separately designated for recyclables.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9.1 - Mandatory Commercial Recycling › Section 18837 - Mandatory Recycling of Commercial Solid Waste by Businesses

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) On and after
				July 1, 2012, a business shall take at least one of the following actions in
				order to reuse, recycle, compost, or otherwise divert commercial solid waste
				from disposal:
(1) Source separating
				recyclable and/or compostable materials from the solid waste they are
				discarding and either self-hauling, subscribing to a hauler, and/or otherwise
				arranging for the pick-up of the recyclable and/or compostable materials
				separately from the solid waste to divert them from disposal.
(2) Subscribing to a recycling service that
				may include mixed waste processing that yields diversion results comparable to
				source separation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9.1 - Mandatory Commercial Recycling › Section 18838 - Implementation of Commercial Recycling Program by Jurisdictions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Effective July
				1, 2012, whether or not the jurisdiction has met the requirements of Section
				41780, each jurisdiction shall
				implement a commercial recycling program appropriate for that jurisdiction
				which is designed to divert commercial solid waste generated by businesses and
				that consists of the following components:
(1) The commercial recycling program shall
				include education and outreach to businesses. The jurisdiction shall determine
				the types of educational and outreach programs to ensure that the program
				targets the components of the jurisdiction's commercial waste stream.
(2) The commercial recycling program shall
				include identification and monitoring of businesses to assess if they are
				complying with §
										18837(a). If any
				businesses subject to these regulations are not in compliance with these
				provisions, the jurisdiction shall, at a minimum, notify those businesses that
				they are out of compliance.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 9.1 - Mandatory Commercial Recycling › Section 18839 - Calrecycle Review

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Commencing August 1, 2013, CalRecycle shall review a jurisdiction's compliance
				with §
									18838 as part of its review of the
				jurisdiction's source reduction and recycling element and household hazardous
				waste element programs, pursuant to 14 California Code of Regulations §
									18772 and §
									41825
				of the Public Resources Code.
(b)
				During its review pursuant to this Section, CalRecycle shall determine whether
				each jurisdiction has made a good faith effort to implement its selected
				commercial recycling program. For this purpose, "good faith effort" means all
				reasonable and feasible efforts by a jurisdiction to implement its commercial
				recycling program. During its review, CalRecycle may include, but is not
				limited to, the following factors in its evaluation of a jurisdiction's "good
				faith effort":
(1) The extent to which the
				businesses have complied with §
										18837(a),
				including information on the amount of solid waste that is being diverted from
				disposal by the businesses, if available, and on the number of businesses that
				are subscribing to service;
(2) The
				recovery rate of the commercial waste from each material recovery facility that
				is utilized by the businesses, the role of that facility in the jurisdiction's
				overall waste diversion and recycling system, and all information, methods, and
				calculations, and any additional performance data, as requested and collected
				by CalRecycle from the material recovery facility operators pursuant to 14
				California Code of Regulations §
										18809.4;
(3) The extent to which the jurisdiction is
				conducting education and outreach to businesses;
(4) The extent to which the jurisdiction is
				monitoring businesses and notifying those businesses that are out of
				compliance;
(5) The availability of
				markets for collected recyclables;
(6) Budgetary constraints; and
(7) In the case of a rural jurisdiction, the
				small geographic size, low population density or distance to
				markets.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 1 - Authority › Section 18900 - Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Regulations
				  contained herein are promulgated pursuant to Public Resources Code Article 2.5
				  of Chapter 2 of Part 7 of Division 30. The regulations implement the Solid
				  Waste Cleanup Program, a program for the cleanup of solid waste at disposal
				  sites and solid waste at codisposal sites where the responsible party(ies)
				  either cannot be identified or is unable or unwilling to pay for timely
				  remediation and where cleanup is needed to protect public health and safety
				  and/or the environment.
(b) In
				  implementing this program the Board is vested, in addition to its other powers,
				  with all the powers of an enforcement agency under Division 30 of the Public
				  Resources Code.
(c) In
				  administering the program authorized by Public Resources Code section
				  48020
				  et seq. the Board may:
(1) Expend funds
				  directly for remedial action;
(2)
				  Provide loans to responsible parties who demonstrate the ability to repay state
				  funds for remedial actions on solid waste disposal sites and codisposal
				  sites;
(3) Provide matching grants
				  to public entities for remedial actions on solid waste disposal sites and
				  codisposal sites; and
(4) Provide
				  grants to public entities for the abatement of illegal disposal
				  sites.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 2 - Definitions › Section 18901 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
For the purposes of this Chapter:
(a) "Abandoned site" means a site where no
				  responsible party can be identified or located.
(b) "Agreement" means a memorandum of
				  understanding between the Board and a local government.
(c) "Applicant" means a person or an entity
				  applying for a loan, matching grant, grant, or remediation managed by the
				  California Integrated Waste Management Board.
(d) "Board" means the California Integrated
				  Waste Management Board.
(e)
				  "Borrower" means an applicant whose loan application has been approved and who
				  has executed a loan agreement.
(f)
				  "Closed site," means a disposal site that has ceased accepting waste and was
				  closed in accordance with applicable statutes, regulations, and local
				  ordinances in effect at the time.
(g) "Codisposal site" means a hazardous
				  substance release site listed pursuant to section
				  25356
				  of the Health and Safety Code where the disposal of hazardous substances,
				  hazardous wastes, and solid waste have occurred.
(h) "Grant recipient" means an applicant
				  whose grant application has been approved and who has executed a grant
				  agreement pursuant to Public Resources Code section
				  48021(b).
(i) "Illegal disposal site" means:
(1) A site where unauthorized disposal of
				  solid waste has taken place to the extent that cleanup may be required to
				  protect public health and safety and/or the environment, and
(2) The site is not permitted and not exempt
				  from obtaining a permit and is not closed or excluded from the requirement to
				  obtain a Solid Waste Facilities Permit.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 3 - Site Selection and Ranking Criteria › Section 18902 - Site Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Candidate sites may be eligible for funding if:
(a) The site is a solid waste disposal site,
				  codisposal site, or illegal disposal site as defined in Section
				  18901;
(b) The responsible parties, either cannot be
				  identified, located, or is unable or unwilling to pay for timely and proper
				  remediation; and
(c) Remedial
				  action is required to protect public health and safety and/or the
				  environment.
1. New
					 article 3 (sections
					 18902-18904) and section filed
					 9-11-2000; operative 9-11-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020(b)
						and
						48021(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 3 - Site Selection and Ranking Criteria › Section 18903 - Site Prioritization

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board shall prioritize sites for
				  eligibility based on the following factors:
(1) The actual or potential degree of risk to
				  public health and safety and/or the environment posed by conditions at the site
				  as determined by a comparison with state minimum standards (27 CCR, Chapter 3,
				  Subchapter 4, commencing with section
				  20510 and Subchapter 5, commencing
				  with section
				  21099.
(2) The ability of the site owner and or
				  responsible parties to promptly and properly remediate the site without
				  monetary assistance;
(3) The
				  ability of the Board to adequately remediate the site with available
				  funds;
(4) The amount of
				  contributions of money and/or in-kind services from local governments and
				  responsible parties;
(5) The
				  availability of other appropriate federal or state enforcement and/or cleanup
				  programs to remediate the site.
(6)
				  The ability to obtain site access for the proposed
				  remediation.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 3 - Site Selection and Ranking Criteria › Section 18904 - Eligible and Ineligible Remedial Actions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Remedial actions taken pursuant to the
				  Solid Waste Cleanup Program shall, to the extent practicable, contribute to the
				  efficient performance of any anticipated long-term remedial action with respect
				  to the specific threat to public health and safety and/or the environment
				  addressed under the program.
(b)
				  Remedial actions that are appropriate for the use of funds include, but are not
				  limited to: waste removal and disposal; security measures such as fences and
				  warning signs; drainage controls; slope and foundation stabilization;
				  excavation, consolidation, and capping of waste areas; field and laboratory
				  testing; and installation of landfill gas and leachate control systems.
This list is not exhaustive and shall not prevent the Board
					 from taking other necessary and appropriate actions and does not create a duty
					 on the Board to take action at any particular time.
(c) Ineligible actions include, but are not
				  limited to: closure as defined in Section
				  20164 of Title 27, Division 2 of
				  the California Code of Regulations; ground water remediation; operation and
				  maintenance of leachate, surface water, or vadose zone monitoring systems;
				  closure and postclosure maintenance services; improvements to property for
				  postclosure land uses; preparation of closure or postclosure maintenance plans;
				  removal, abatement, and cleanup or otherwise handling of only hazardous
				  substances as defined in the Comprehensive Environmental Response,
				  Compensation, and Liability Act of 1980 [42 U.S.C. section
				  9601(14)] not codisposed
				  with nonhazardous solid waste.
(d)
				  The remediation of landfill or disposal site fires pursuant to this chapter
				  will only be eligible in situations where the fire is remediated as one part of
				  a project approved by the Board under the applicable criteria for any other
				  project approved for remediation under this program.
(e) Eligible activities regarding emergency
				  actions at disposal sites pursuant to this chapter include technical assistance
				  to local emergency response agencies. The Board may consider approval of
				  funding of final site remediation pursuant to this chapter after the emergency
				  response if all other applicable criteria are met.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18905 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may
				  make loans directly from the trust fund to local government to assist in site
				  remedial actions. The loans shall be used to assist the Board in complying with
				  Public Resources Code section
				  48020
				  et seq.
(b) The regulations
				  contained in this Article set forth the requirements to apply for and receive
				  loan funds from the trust fund.
1. New
					 article 4 (sections
					 18905-18912) and section filed
					 9-11-2000; operative 9-11-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(b),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18906 - Loan Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Loans are available only to local
				  governments that demonstrate:
(1) The site
				  remediation is needed to protect public health and safety and/or the
				  environment; and
(2) The ability to
				  repay the loan and to pay for costs of remediation that exceeds the loan
				  amount.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18907 - Loan Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Loans made pursuant to this Article shall be subject to the
					 following requirements:
(a) The terms
				  of any approved loan shall be specified in a loan agreement between the
				  borrower and the Board. Notwithstanding any term of the agreement, any
				  recipient of a loan that the Board approves shall repay the principal amount
				  plus interest on the basis of the rate of return for money in the Surplus Money
				  Investment Fund at the time of the loan.
(b) The Board shall not finance more than one
				  million dollars ($1,000,000) per site.
(c) The term of any loan made pursuant to
				  this Article shall be not more than 20 years.
(d) The money from any loan repayments and
				  fees, including, but not limited to, principal and interest payments, fees and
				  points, administrative fees, recovery of collection costs, income earned on any
				  asset recovered pursuant to a loan default, and funds collected through
				  foreclosure actions shall be deposited in the trust fund.
(e) The Board or the Department of Finance
				  may audit the recipient's records regarding moneys received pursuant to this
				  Article.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48027(c)(3),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18908 - Loan Application Process

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				  Applications from local governments for loan funds shall be accepted on a
				  continuous basis.
(b) Jurisdictions
				  with eligible sites shall submit an application package which shall include but
				  is not limited to the following information:
(1) A copy of the grant deed with legal
				  description. The applicant must be the owner or co-owner of the site, or the
				  Sponsor (e.g. Redevelopment Agency) of eligible cleanup of privately owned or
				  leased lands within their jurisdiction.
(2) Substantiation of threat to public health
				  and safety or the environment by attaching applicable regulatory agency
				  investigation documents or enforcement orders, solid waste assessment tests
				  (SWAT) reports, or certified environmental assessment reports.
(3) A detailed Scope of Work and Cost
				  Estimate prepared by a registered civil engineer.
(4) A document showing compliance with the
				  California Environment Quality Act (e.g. Notice of Exemption, Initial
				  Study/Negative Declaration or Environment Impact Report).
(5) Demonstrate the need for the requested
				  loan funds by attaching the applicant's annual financial operating statements
				  for the last three years and interim (within 90 days) independent audits, and
				  other evidence of financial condition. Each statement must be certified by the
				  original signature of the person completing the application.
(6) Identify and provide evidence of sources
				  of funds to repay the loan and pay for site cleanup costs that exceed the loan
				  amount, certified by the original signature of the person completing the
				  application. In lieu of collateral, the applicant must identify a guaranteed
				  revenue source which will be dedicated to repay the loan.
(7) A copy of an adopted resolution from the
				  governing board or council authorizing submittal of the application, certifying
				  availability of local funds needed to complete the cleanup, and identifying the
				  title and name of the individual authorized to execute any agreements,
				  contract, and requests for payment to carry out the project.
(8) Applications from joint power authorities
				  consisting of several cities and/or counties must include a signed copy of a
				  written agreement between the governing bodies authorizing the loan applicant
				  to act on their behalf.
(9) Name,
				  address, telephone number, and fax number of the applicant
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18909 - Preliminary Review of Loan Applications

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon receipt, Board staff shall review each local
					 government application to determine whether the application is complete. Within
					 thirty (30) days of receiving the application Board staff shall send a letter
					 to the local government with one of the following responses:
(a) The local government application is
				  incomplete with specification of the steps, if any, that the applicant may take
				  to correct the identified deficiencies. Applications that fail to supply the
				  required information shall be rejected from consideration for a loan;
				  or
(b) The applicant is ineligible
				  for a loan pursuant to Section
				  18906 of this Article;
				  or
(c) The applicant is eligible
				  for a loan pursuant to Section
				  18906 of this Article, the
				  application is complete, and the application shall be evaluated by Board
				  staff.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18910 - Review of Complete Loan Applications and Board Approval

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Upon determination that an application is complete, Board
					 staff shall review each application and prepare a summary of findings.
					 Applications, which meet the following criteria shall be considered and a
					 decision shall be made by the Board within ninety (90) days of the
					 determination that the application is complete:
(a) The source of repayment is sufficient for
				  the requested loan amount; and
(b)
				  The applicant has adequately demonstrated the appropriateness of the loan for
				  use in the project as specified pursuant to Section
				  18906(c) of this
				  Article.
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18911 - Loan Agreement

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) If the Board approves the loan, the
				  applicant and the Board shall enter into a written loan agreement that
				  identifies and ensures compliance with the terms and conditions specified in
				  Section 18907 of this Article and any
				  other special conditions or terms that the Board deems necessary on a
				  case-by-case basis.
(b) All funds
				  shall be disbursed and repaid pursuant to the terms of the loan
				  agreement.
(c) The borrower shall
				  obtain prior written approval from the Board, or its designated representative,
				  for any changes in the loan agreement. All requests shall include a description
				  of the proposed change(s) and the reason(s) for the change(s).
1. New
					 section filed 9-11-2000; operative 9-11-2000 pursuant to Government Code
					 section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Sections
						48020
						through
						48028,
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 4 - Loans to Local Governments › Section 18912 - Financial Condition Notification

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) During the application process and any
				  time thereafter, it shall be the responsibility of the applicant or borrower to
				  immediately notify the Board of any change in financial condition that would
				  make them:
(1) Financially able to perform
				  remedial action without Trust Funds; or
(2) Unable to repay the loan; or
(3) Unable to pay for remedial action costs
				  that exceed the loan amount.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18913 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The Board may
				  make grants directly from the trust fund to public entities to assist in site
				  remediation actions. Grants shall be used to assist the Board in complying with
				  Public Resources Code section
				  48020
				  et seq.
(b) The regulations
				  contained in this Article set forth the requirements to apply for and receive
				  grant funds from the trust fund.
1. New
					 article 5 (sections
					 18913-18919) and section filed
					 9-11-2000; operative 9-11-2000 pursuant to Government Code section
					 11343.4(d)
					 (Register 2000, No. 37).
Note: Authority cited: Sections
						40502
						and
						48025,
						Public Resources Code. Reference: Section
						48021(c),
						Public Resources Code.
California Code of Regulations › Title 14 - Natural Resources › Division 7 - Department of Resources Recycling and Recovery › Chapter 10 - Solid Waste Cleanup Program › Article 5 - Grants to Public Entities to Abate Illegal Disposal Sites › Section 18914 - Grant Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Grants are available to public entities
				  that demonstrate the following:
(1) The
				  illegal disposal site remedial action is necessary to protect public health and
				  safety and/or the environment; and
(2) The public entity is authorized by
				  resolution of their local governments to file an application with the Board for
				  grant funds and enter into and execute a grant agreement.