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 18815.9 - Methods

Universal Citation: 14 CA Code of Regs 18815.9

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) When required by this article, a reporting entity shall use the following methods to report material streams and types:

(0.4) If a reporting entity sends materials to a disposal facility for disposal, then those materials shall be classified within the solid waste stream, unless the materials are purely designated waste or disaster debris, in which case the materials shall be classified as designated waste or disaster debris.

(0.5) A reporting entity shall classify materials mixed with solid waste within the solid waste stream, including, but not limited to, source-separated recycling that is contaminated to an extent such that the material may not be received by a "recycling center" pursuant to section 17402.5(d) of this division.

(1) Material type reporting shall vary with the type of reporting entity and material stream.

(A) Food waste self-haulers shall report pursuant to section 18815.4(b) of this article.

(B) Recycling and composting facilities and operations, brokers, and transporters shall report by material type pursuant to paragraph (2) for all material sent to each destination, including residuals and separated materials sent to a disposal facility.

(C) Disposal facilities reporting inflows of materials that are used for beneficial reuse shall report material type pursuant to paragraph (3). Reporting entities reporting potential beneficial reuse shall report material type pursuant to paragraph (2). No reporting entity shall include tons of clean or contaminated soil in the tons of potential beneficial reuse.

(D) Contract haulers, transfer/processors, and disposal facilities shall report material type as follows:

(i) Materials in the solid waste, designated waste, or disaster debris stream shall be reported, respectively, as solid waste, designated waste, or disaster debris, and facilities are not required to further sort or characterize such material.

(ii) Except as described in subparagraph (C), all other material shall be reported pursuant to paragraph (2).

(2) A reporting entity shall report materials at the level of segregation at the time they were sold or transferred, as follows:

(A) A reporting entity shall report a homogeneous material or individual grade of material as that individual material type (e.g., HDPE bottles, aluminum cans, flint glass bottles, concrete, or mulch).

(B) A reporting entity shall report combinations of various materials within a single material category based on applicable industry standards (e.g., ferrous metals, crushed mixed glass, mixed paper, or rigid plastics).

(C) A reporting entity shall report mixed materials from several categories as mixed materials or commingled recyclables based on applicable industry standards.

(D) Commencing with reporting period 1 of 2025, if a reporting entity reports material that is not homogenous or not an individual grade of material type, then the reporting entity shall identify the specific materials within that mixture unless the reporting entity certifies that they cannot do so because they do not have information on specific materials. False certification shall be subject to penalties pursuant to this article.

(E) Notwithstanding subparagraphs (A) through (D), entities reporting green material for potential beneficial reuse shall report material type as green material.

(3) A reporting entity shall:

(A) Report all ADC and AIC by the following material types:

(i) Ash and cement kiln dust materials,

(ii) Construction and demolition wastes and materials,

(iii) Compost materials, which include residuals left over from the composting process,

(iv) Green material,

(v) Contaminated sediment, dredge spoils, foundry sands, energy resource exploration, and production wastes,

(vi) Processed construction and demolition wastes and materials,

(vii) Shredded tires,

(viii) Sludge and sludge-derived materials,

(ix) Treated automobile shredder waste, and

(x) Other material types approved for beneficial reuse by the enforcement agency, such as materials left over after the material recovery process. The reporting entity shall specify the approved material type in their report to the Department.

(B) Report all materials used for construction, landscaping, and erosion control on site by material type, pursuant to subsection (a)(2).

(b) When reporting information pursuant to this article, a reporting entity shall use the following methods to determine jurisdiction of origin:

(1) A hauler shall provide the jurisdiction of origin information at the time of delivery, unless both the hauler and receiving facility have agreed to periodic reports in lieu of providing information at the time of delivery. The hauler shall provide the periodic report to the receiving reporting entity within 30 days of the end of the reporting period. The hauler shall use any of the following sources of information to estimate the percentage of tons from each jurisdiction:

(A) Actual tons collected from each jurisdiction.

(B) Total volume of bins emptied from each jurisdiction.

(D) Company dispatcher records of hauling routes and generator locations.

(2) A transfer/processor or disposal facility shall determine the jurisdiction of origin for each load of material accepted by asking each person bringing materials at the time of delivery, using periodic reports from the entities delivering materials, or using other methods if approved by the Department pursuant to subdivision (m), to capture the information on each load as it arrives, unless it meets one of the following criteria:

(A) A transfer/processor or disposal facility without a gatehouse attendant present during all business hours shall collect jurisdiction of origin information on each load for all hours in which an attendant is present. At minimum, a gatehouse attendant must be present during all business hours of one week per quarter. If this requirement is not met, then a facility shall additionally conduct an origin survey no less frequently than once per reporting period and for at least one week in duration. During the survey week(s), the facility shall survey every load of material received to determine the jurisdiction of origin. A facility shall apply the jurisdiction percentages obtained during the survey week(s) to tonnages that have not been assigned to a jurisdiction of origin in the reporting period.

(B) A transfer/processor or disposal facility without a gatehouse attendant present during any business hours that only accepts material from specified jurisdictions may assign the solid waste to those jurisdictions based on facility usage agreements and restrictions, property records, or other records that are representative of the jurisdictional breakdown of the material received.

(C) A transfer/processor or disposal facility without a gatehouse attendant present during any business hours that has no representative basis for determining jurisdiction of origin may assign the solid waste to the jurisdiction in which the facility is located.

(2.4) A transfer/processor or disposal facility shall determine the jurisdiction of origin for material generated on-site by the facility as follows:

(A) If the facility reasonably can track jurisdictions of origin for the generated materials based on the jurisdictions of origin of the accepted materials, then the facility shall determine jurisdictions of origin for the generated materials according to such tracking.

(B) If the facility reasonably cannot track jurisdictions of origin for the generated materials but obtains jurisdiction of origin information for accepted materials, then jurisdictions of origin shall be assigned proportionally among the generated materials according to the jurisdictions of origin of the accepted materials.

(C) If the facility does not determine jurisdictions of origin pursuant to subparagraph (A) or (B), then the facility shall determine the jurisdiction of origin as the jurisdiction within which the facility is located.

(2.5) A recycler, composter, broker, or transporter shall determine the jurisdiction of origin for each load of material accepted by requesting such information from the person bringing materials at the time of delivery, using periodic reports from the entities delivering materials, using other methods approved by the Department pursuant to subdivision (m), or, if jurisdiction of origin reasonably cannot be determined by any other method (e.g., if no gate attendant is ever present), then by assigning the tons either to the jurisdiction in which the recycling or composting facility is located or to the jurisdiction within which the material is located when the receiving broker or transporter received the material.

(2.6) If a recipient reporting entity accepts materials from another sending reporting entity, and if the sending reporting entity does not provide jurisdiction of origin for the materials, then:

(A) If the recipient reporting entity is a broker or transporter, then determine the jurisdiction of origin as the jurisdiction within which the material is located when the receiving broker or transporter received the material.

(B) If the recipient reporting entity is not a broker or transporter, and if the sending reporting entity is a transfer/processor, recycler/composter, or disposal facility, then determine the jurisdiction of origin as the jurisdiction within which the sending reporting entity is located.

(C) If the recipient reporting entity is not a broker or transporter, and if the sending reporting entity is a hauler, broker, or transporter, then determine the jurisdiction of origin as the jurisdiction within which the receiving reporting entity is located.

(D) Report to the Department any sending reporting entity who failed to provide required jurisdiction of origin information pursuant to section 18815.13 of this article.

(3) A reporting entity that determines jurisdiction of origin for tons sent pursuant to this article shall determine the jurisdiction of origin based on allocations of inbound materials. A reporting entity may adjust the allocations of inbound percentages from facilities or haulers based on facility-specific practices, such as tracking and sorting individual loads, segregating the flows from different jurisdictions, or gathering other relevant information on the composition and recoverability of the materials from each facility or jurisdiction. Allocations of inbound materials shall be used to determine jurisdiction of origin for tons sent as follows:

(A) If the facility reasonably can track jurisdictions of origin for tons sent to each destination based on the jurisdictions of origin of the accepted materials, then the facility shall determine jurisdictions of origin for the tons sent according to such tracking.

(B) If the facility reasonably cannot track jurisdictions of origin for tons sent but obtains jurisdiction of origin information for accepted materials, then jurisdictions of origin shall be assigned proportionally among the tons sent to a destination facility according to the jurisdictions of origin of the accepted materials.

(C) If the facility does not determine jurisdictions of origin pursuant to subparagraph (A) or (B), then the facility shall determine the jurisdiction of origin by assigning the tons either to the jurisdiction in which the recycling, composting, or disposal facility is located or to the jurisdiction within which the material is located when the broker or transporter received the material.

(c) When required by this article, a transfer/processor or disposal facility shall estimate the overall tonnages or percentages from each source sector for materials sent for disposal. Source sector shall be assigned using any of the methods listed in this subdivision, except that, if a particular method is required according to paragraphs (5) through (6), then such method shall be used.

(1) Assigning source sector based on vehicle type, such as:

(A) Small vehicles, such as automobiles, pickups and small trailers, and flat beds as "self-hauled."

(B) Side loaders as "contract-hauled single-family residential."

(2) Assigning source sector based on billing records, such as:

(A) Cash accounts as "self-hauled."

(B) Accounts with jurisdictions or their haulers for residential routes as "contract-hauled single-family residential."

(3) Using periodic reports from contract haulers on the source sectors of their routes. A transfer/processor or disposal facility may request, but not require, periodic reports from a hauler.

(4) Asking the driver delivering each incoming load.

(5) Disaster debris and designated waste shall not be assigned to a source sector.

(6) Assigning residual disposal from, and material sent by, recyclers, composters, brokers, transporters, and disposal facilities to the "self-hauled" source sector.

(7) An alternative method approved by the Department pursuant to subdivision (m).

(d) If asked for information on source sector, then a contract hauler shall provide the information at the time of delivery, unless both the contract hauler and receiving facility have previously agreed to periodic reports in lieu of providing information at the time of delivery. In these cases, a contract hauler shall provide the periodic report to the receiving reporting entity within 30 days of the end of the reporting period. When providing source sector information, a hauler shall use any of the following methods to estimate the overall tonnages or percentages of disposal from each source sector sent to the receiving facility:

(1) Assigning source sector based on vehicle type, such as:

(A) Side loaders as "contract-hauled single-family residential."

(B) Front loaders and rear loaders as "contract-hauled commercial/multi-family."

(2) Assigning source sector based on billing records, such as:

(A) Accounts with jurisdictions for residential routes as "contract-hauled single-family residential."

(B) Accounts with jurisdictions for commercial routes as "contract-hauled commercial/multi-family."

(3) Assigning source sector by using dispatcher records of hauling routes, total bin volumes from each source sector, or total weights from each source sector.

(4) Disaster debris and designated waste shall not be assigned a source sector.

(e) If a transfer/processor or disposal facility lacks an attendant and is unable to estimate source sector using one of the methods in this section, then the reporting entity shall assign all tonnage to the sector that makes up most of the delivered material based on operator observations of the site traffic or material disposed.

(f) If a method in this section is used, then inaccuracies or errors in source sector reporting shall not be subject to penalties described in section 18815.10 of this article.

(g) When required by this article, a reporting entity shall use the following methods to report tonnages:

(1) A reporting entity who uses certified scales to measure a transaction by weight shall use that measurement, and not an estimate based on volume, when compiling and submitting their report to the Department.

(2) A reporting entity who does not use certified scales, but uses non-certified scales to measure a transaction by weight shall use that measurement, and not an estimate based on volume, when compiling and submitting their report to the Department.

(3) A reporting entity shall use scales to measure tons, unless they meet one of the following exceptions:

(A) If a transfer/processor or disposal facility records self-haul loads by volume, then they may estimate disposal tonnages using volume-to-weight conversion factors. If a transfer/processor or a disposal facility records self-haul loads by vehicle size and/or type, then they may estimate the disposal tonnages using weight estimates for each vehicle size and/or type.

(B) If a transfer/processor weighs total inbound contract-hauled tons and the total tons sent to disposal, then they may use the difference in weight to estimate self-haul sector.

(C) If a transfer/processor accepts an annual average of less than 100 tons of material per operating day, or less than 200 tons per operating day if located in a rural city or county, as set forth in sections 40183 and 40184 of the Public Resources Code, then they may use volume-to-weight conversion factors or report tonnages weighed at the receiving facility.

(D) If a reporting entity sells or transfers materials, other than solid waste, based on volume, then they may use material-specific volume-to-weight conversion factors to estimate tons.

(E) When required by subsection (h), a reporting entity who sends material to another reporting entity with a different RDRS number located at the same site using a conveyance system without scales, shall estimate and report tonnages transferred by using volume-to weight-conversion factors, flow rates, or belt scales.

(4) A disposal facility may use volume-to-weight conversion factors under the following conditions:

(A) The disposal facility does not have access to scales and does not receive more than 4,000 tons of solid waste per year from contract haulers, not including disaster debris.

(B) The disposal facility is located in an area prone to inclement weather for three or more months of the year, which does not allow for the adequate operation and maintenance of scales.

(5) A reporting entity shall indicate in their report if conversion factors were used to estimate tons, retain documentation on the basis and usage of any volume-to-weight conversion factors, and update the factors every three (3) years. The Department may require a reporting entity to revise the factors and reports if the Department determines that volumetric conversion factors are not satisfactory.

(h) Tonnages of material transferred within a reporting entity or between reporting entities located at the same site shall be recorded and reported as described below. Refer to subsection (g) for situations in which volume-to-weight conversion factors are allowed to estimate material tonnages.

(1) Except as provided in subsections (h)(4) and (h)(5), facilities and operations reporting with the same RDRS number and located at the same site are not required to report the tonnages of material transferred between each facility or operation to the Department.

(2) A reporting entity who sends separated recyclables or separated organics to another reporting entity with a different RDRS number located at the same site with the same operator is not required to report the tonnages of separated recyclable or organic material transferred between each facility or operation to the Department. The reporting entity responsible for the off-site sale or transfer of the aggregated material shall report the appropriate tonnages to the Department.

(3) A reporting entity who sends solid waste or material for potential beneficial reuse to a transfer/processor or disposal facility with a different RDRS number located at the same site shall report this information to the Department in the same manner prescribed in subsections (a), (b) and (c).

(4) A transfer/processor shall include the total tons of solid waste generated on-site by recyclers and composters under the same RDRS number and accepted by the transfer/processor in the total tons accepted pursuant to section 18815.5(a)(1)(C) of this article.

(5) A disposal facility shall include the total tons of solid waste generated on-site by recyclers and composters under the same RDRS number and accepted by the disposal facility in the total tons accepted pursuant to section 18815.6(a)(2)(E) of this article.

(i) In their report to the Department, a reporting entity shall identify which methods set forth in this section they used in the preparation of the report.

(j) When required by this article, a reporting entity shall categorize material sent to each person or end user category into one or more of the following streams, and report to the Department in the manner described below:

(1) Solid waste disposal, which requires jurisdiction of origin, source sector, and RDRS number and contact information of the receiving facility or operation, if applicable. Recyclers, composters, and food waste self-haulers shall additionally report material type pursuant to subsection (a)(1).

(2) Disaster debris disposal, which requires RDRS number and contact information of the receiving facility or operation, if applicable.

(3) Designated waste disposal, which requires RDRS number and contact information of the receiving facility or operation, if applicable.

(4) Green material potential beneficial reuse, which requires jurisdiction of origin and RDRS number and contact information of the receiving facility or operation, if applicable.

(5) Non-green material potential beneficial reuse, which requires material type and RDRS number and contact information of the receiving facility or operation, if applicable.

(6) Recycling and composting, which requires material type and RDRS number and contact information of the receiving facility or operation, if applicable.

(7) Broker or transporter, which requires material type and RDRS number and contact information of the receiving facility or operation, if applicable.

(8) End user, which requires material type by end user category and region, pursuant to section 18815.3(k) of this article. Reporting entities are not required to provide the contact information of individual end users in their reports to the Department.

(8.5) Mixed plastic waste export, which requires tons of each material type sent to each destination region, and tons sent from each jurisdiction of origin across all material types and destination regions.

(9) If the person to whom material was sent is located outside California, and is not obligated to report to the Department, a reporting entity is not required to provide the contact information of that person to the Department for material streams described in subsections (j)(6) and (j)(7).

(10) Except for material sent to a broker, transporter, or end user, if a reporting entity is unsure or does not know into which stream a material being sent should be categorized, they shall report that material stream based on the following defaults:

(A) For material sent to a transfer/processor or disposal facility, report pursuant to subsection (j)(1).

(B) For material sent to a recycler or composter, report pursuant to subsection (j)(6).

(k) When required by this article to report tons accepted, a reporting entity shall categorize tons accepted into streams and report to the Department information for each stream in the manner described below.

(1) A reporting entity required to report tons accepted shall categorize inbound materials into one or more of the following streams and report information about the materials as follows:

(A) Solid waste, which requires jurisdiction of origin, source sector, and RDRS number and contact information of the sending facility or operation, if applicable.

(B) Disaster debris, which requires RDRS number and contact information of the sending facility or operation, if applicable.

(C) Designated waste, which requires RDRS number and contact information of the sending facility or operation, if applicable.

(D) Green material for potential beneficial reuse, which requires jurisdiction of origin and RDRS number and contact information of the sending facility or operation, if applicable.

(E) Non-green material for potential beneficial reuse, which requires material type and RDRS number and contact information of the sending facility or operation, if applicable.

(2) Reporting entities shall not report material accepted for recycling or composting, with the exception that reporting entities shall categorize and report tons accepted for recycling as solid waste if these materials are contaminated to an extent such that the material may not be received by a "recycling center" pursuant to section 17402.5(d) of this division.

(3) If material is accepted and sent without processing or sorting, then categorize the accepted materials into the stream of the tons sent.

(4) If material is accepted but processed or sorted prior to being sent, then categorize the accepted materials as follows:

(A) If residual solid waste is generated from tons accepted as solid waste, or if residual green material for potential beneficial reuse is generated from tons accepted as green material for beneficial reuse, then the residual tons shall be reported as part of the original accepted tonnage.

(B) If the materials are sent as one material stream, then categorize the accepted materials into the stream of the tons sent. For example, if residential curbside green waste is accepted for the explicit purpose of conversion into "processed green material" for potential beneficial reuse, as defined in paragraph (3) of subdivision (b) of section of Title 2720690 of Title 27 of the California Code of Regulations, and no residuals are generated, then categorize this inflow stream as green material for potential beneficial reuse.

(C) If the processing or sorting generates two or more streams, then, except as described in subparagraph (D), categorize the accepted materials into the most representative stream type, excluding recycling and composting from the tonnage. For example, if a reporting entity accepts a mixed material stream, which is segregated into 75 percent non-green material for potential beneficial reuse and 25 percent recycling by weight, then the reporting entity shall report accepting non-green material for potential beneficial reuse, ignoring the tons contributed by the recycling.

(D) If the processing or sorting generates solid waste or green material for potential beneficial reuse, then:

(i) Categorize generated green material into the green material for potential beneficial reuse stream.

(ii) If the accepted materials contain 10 percent or more solid waste by weight, then categorize all accepted tons into the solid waste stream, except those processed into green material for potential beneficial reuse.

(iii) If the accepted materials do not contain 10 percent or more solid waste by weight, then include the residual solid waste in tons accepted from direct haul. Include the other tons as described elsewhere in this subdivision.

(l) Commencing with reporting period 1 of 2025, when required by this article, collection method shall be determined as follows:

(1) A contract hauler who sends materials to a reporting entity shall provide to the receiving facility the collection method for those tons at the time of delivery, unless both the hauler and receiving facility have agreed to periodic reports in lieu of providing information at the time of delivery. The hauler shall provide the periodic report to the receiving facility within 30 days of the end of the reporting period.

(2) A contract hauler shall use any of the following sources of information to determine collection method:

(A) Contract agreements,

(B) Billing records for customers,

(D) An alternative method approved by the Department pursuant to subdivision (m).

(3) A reporting entity other than a hauler shall determine collection method as follows:

(A) If the facility received the materials from a contract hauler, then the facility shall use the collection method as provided by the contract hauler in 18815.9(l)(1).

(B) If the facility received the materials from a reporting entity other than a contract hauler, then the facility shall assign the collection method as the type of reporting entity from which the tons were received.

(C) If the facility received the materials from a generator, then the facility shall determine the collection method as follows:

(i) The material shall be considered self-hauled.

(ii) The material stream and segregation shall be determined based on how the facility accepts the material (e.g., accepting material for recycling within mixed recycling bins).

(D) If the facility generated the materials through a recycling or composting facility or operation that is reporting under the same RDRS registration number as the reporting facility, then determine collection method pursuant to subparagraph (A), (B), or (C), based on how the recycler or composter obtained the materials.

(E) If the facility generated the materials through on-site activities, excluding recycling or composting facilities reporting under the same RDRS registration number as the reporting facility, then assign collection method as the type of generating facility.

(4) If a load of material represents a mixture of collection methods, then the following shall apply:

(A) The entire load shall be assigned to the most aggregated collection method that applies to the load. For example, if a load is a mixture of residential 1-bin and 2-bin recycling, then the load would be assigned to residential 1-bin recycling. If a load is a mixture of solid waste and other materials, then the load shall be assigned to a solid waste material stream collection method.

(B) The portion of the load from each source sector shall be estimated using the methods described in subdivision (c). If the source sector portions cannot be estimated, then the entire load shall be assigned to the self-haul sector, unless the reporting entity determines that the load is 50 percent or more of a single sector, in which case that sector shall apply.

(m) Commencing with reporting period 1 of 2024, where this article requires the Department to approve a method for collecting data:

(1) The reporting entity shall submit a request to the Department to approve the method. The request shall include the following information: reporting entity name, RDRS registration number, name of the method, value that the method will assess, documentation proving that the method accurately measures the value, and justification for why an alternative method is required. The burden of proof shall fall upon the reporting entity.

(2) The Department shall have 60 days to review and approve the method. Until the Department approves the method, the reporting entity shall use one of the established methods.

Note: Authority cited: Sections 40502 and 41821.5, Public Resources Code. Reference: Sections 41781.4, 41821.5, 41821.6, 41821.7, 41821.8 and 42355.51, Public Resources Code.

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.

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