Cal. Code Regs. tit. 14 § 18794.2

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 18794.2 - Reporting Requirements for Calculations
(a) Jurisdictions who were incorporated prior to January 1, 1995 and who submit their first annual report in 1997 or later, shall include their disposal reduction calculations for 1995, in addition to their disposal reduction calculations for the current reporting year.
(b) If a jurisdiction is a member of a Regional Agency, then a single combined report of the information shall be made for all the members of the Regional Agency.
(c) The Department shall calculate jurisdiction disposal using information provided by the Recycling and Disposal Reporting System specified in sections 18815.1-18815.13 of this chapter by determining the tons of solid waste disposed from January 1 to December 31 in each year. This amount shall be the sum of solid waste from the jurisdiction, including:
(1) the tons disposed at each permitted landfill,
(2) the tons disposed at each engineered municipal solid waste conversion facility as defined in section 40131.2 of the Public Resources Code,
(3) the tons that underwent transformation at a permitted solid waste facility in excess of 10% of a jurisdiction's adjusted base-year generation, and pursuant to section 41783 of the Public Resources Code,
(4) For tons used on or after January 1, 2020, the tons of green material alternative daily cover used at permitted landfills pursuant to section 41781.3(a)(2)(A) of the Public Resources Code,
(5) potential alternative daily cover, alternative intermediate cover, and other beneficial reuse material which is not used in accordance with the conditions set forth in sections of Title 2720686, 20690, 20700, and 20695 of Title 27 of the California Code of Regulations, unless it is otherwise diverted,
(6) the tons of solid waste and green material potential beneficial reuse exported from California, minus any portion of the waste that the jurisdiction proves was diverted, and
(7) For tons exported on or after January 1, 2025, the tons of mixed plastic waste, as defined in section 18815.2 of this chapter, that are considered disposal pursuant to section 41781.4 of the Public Resources Code.
(d) In addition to the information required by this section, a jurisdiction may also submit in its annual report any other information it wishes the Department to consider relating to the base-year waste generation tonnage amounts, adjustment factors, or calculations. The additional information may include a discussion of why the disposal rate calculation may not fully represent a jurisdiction's local conditions, and what additional adjustments would be needed.
(e) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a regional medical waste treatment facility or regional diversion facility located within its borders, it shall provide the Department with documentation demonstrating it meets the criteria specified in PRC section 41782 for making such an adjustment.
(f) If a jurisdiction made an adjustment in its reporting year disposal tonnages because of a disaster, it shall provide the Department with documentation demonstrating that:
(1) the tonnages subtracted resulted from the disaster;
(2) the jurisdiction implemented to the extent feasible, diversion programs to maximize diversion through reuse, recycling, or composting of disaster-related solid waste; and,
(3) the tonnages subtracted are consistent with the additional tonnages reported by the facilities where the solid waste was disposed.
(g) A jurisdiction may also provide additional information related to the tons of waste disposed in California including waste assigned to them pursuant to section 18815.9(b)(2)(B). A jurisdiction may also provide additional information related to the tons of solid waste or green material potential beneficial reuse exported from California that was reported in the Recycling and Disposal Reporting System, and was later diverted. The jurisdiction shall describe how this additional information was obtained.
(h) If a jurisdiction's disposal reduction goal has not been met, then a jurisdiction shall discuss in its annual report what possible problems may have prevented it from reaching its goal. Problems may include, but are not limited to:
(1) calculations of the equivalent per capita disposal rate;
(2) disposal reporting problems;
(3) changes in a jurisdiction's waste stream beyond the jurisdiction's control; or
(4) changes in the overall waste management system that may hinder achievement of the disposal reduction goals.

Cal. Code Regs. Tit. 14, § 18794.2

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41782, 41813, 41821, 41821.5 and 41850, Public Resources Code.

Note: Authority cited: Section 40502, Public Resources Code. Reference: Sections 41780, 41780.1, 41782, 41813, 41821, 41821.5 and 41850, Public Resources Code.

1. New section filed 6-5-96 as an emergency; operative 6-5-96 (Register 96, No. 23). A Certificate of Compliance must be transmitted to OAL by 9-27-96 or emergency language will be repealed by operation of law on the following day.
2. Editorial correction of subsections (d)(2)(D), (d)(3)(A)-(B), (e) and (h) (Register 96, No. 39).
3. New section refiled 9-25-96 as an emergency; operative 10-3-96 (Register 96, No. 39). A Certificate of Compliance must be transmitted to OAL by 1-31-97 or emergency language will be repealed by operation of law on the following day.
4. Editorial correction of subsections (d)(3)(G) and (i) (Register 97, No. 3).
5. Certificate of Compliance as to 9-25-96 order, including amendment of subsections (d)(1), (d)(2), (d)(3) and (i)(1)-(4), transmitted to OAL 11-27-96 and filed 1-13-97 (Register 97, No. 3).
6. Editorial correction of History 5 (Register 97, No. 15).
7. Amendment filed 3-5-2019; operative 3/5/2019 pursuant to Government Code section 11343.4(b)(3) (Register 2019, No. 10).
8. Amendment of subsections (c)(4)-(6) and new subsection (c)(7) filed 1-23-2024; operative 4/1/2024 (Register 2024, No. 4).