California Department of Resources Recycling and Recovery (CalRecycle)

Rulemaking Archives

Disposal Reporting System and Adjustment Method

On September 21, 2005 the Office of Administrative Law (OAL) approved the regulations and filed them with the Secretary of State. The regulations become effective January 1, 2006.

The Final Text of the approved regulations is found under Rulemaking Documents below. For Summary Charts Showing Proposed Disposal Reporting System Changes, see Additional Documents below.

Description

Revision of existing Disposal Reporting System and Adjustment Method regulations based on Board recommendations in the report to the Legislature entitled A Comprehensive Analysis of the Integrated Waste Management Act Diversion Rate Measurement System.

Existing Regulations That Are Affected

On This Page

Rulemaking History

An overview of draft regulations was presented at the November 7, 2002, Diversion, Planning and Local Assistance Committee meeting (Committee Item C) as an informational item.

Notification of these proposed regulations was sent to stakeholders in mid-November, thus beginning the informal rulemaking process. Public workshops were held in Sacramento and Diamond Bar in early December 2002. Written comments on the first informal draft regulations were due January 3, 2003.

An overview of comments received at the December 2002 public workshops was presented at the January 8, 2003, Diversion, Planning and Local Assistance Committee meeting (Committee Item D) as an informational item.

In March 2003, Board staff conducted two sessions of focused workshops on subtopics within the scope of this regulations package. (See "Stakeholder Input" below.)

In June 2003, notification of the proposed second informal draft regulations was sent to stakeholders. Staff conducted two public workshops on this version of proposed regulations on June 24 and 26, 2003. (See Stakeholder Input below.) Written comments on the second informal draft Disposal Reporting System regulations were due July 18, 2003.

On November 4, 2003, the Sustainability and Market Development Committee gave approval to formally notice the revised Disposal Reporting System and Adjustment Method regulations with a minor change to the text. Board Agenda Item 26 (Committee Item M) attachments, including regulations text, and a presentation are available on the Board's Agenda web page.

Proposed Regulations: California Integrated Waste Management Board The first formal 45-day public comment period ran from September 3 through October 18, 2004. The notice of proposed rulemaking concerning the Disposal Reporting System and Adjustment Method was published in the California Regulatory Notice Register (September 3, 2004 publication date). The comment period closed at 5:00 P.M. on October 18, 2004 (See Notice of Proposed Rulemaking for the details of the public hearing).

A public hearing was held on October 18, 2004 and the first formal 45-day public comment period ended on the same day. Board staff noted oral comments heard at the public hearing and accepted written comments received during the comment period. At the public hearing, four speakers requested an additional 45 days for further review and comment on the proposed Disposal Reporting System regulations. In addition, Board staff identified some minor corrections to incorporate into the proposed revised regulations.

An agenda item was presented to the Sustainability and Market Development Committee on November 3, 2004 to discuss and request direction on an additional 45-day comment period for the revised Adjustment Method and Disposal Reporting System regulations. A few stakeholders expressed their concerns about the revised regulations at the meeting. There were requests to include additional language into the revised Disposal Reporting System regulations and have the comment period end on January 15, 2005 or later since the additional 45-day comment period might otherwise end during the holidays. The Sustainability and Market Development Committee directed staff to include the additional language in the revised Disposal Reporting System regulations and extend the additional 45-day comment period to mid-January. Board Agenda Item 7 (Committee Item F) attachments, including regulations text, and a presentation are available on the Board's Agenda web page.

A second 45-day comment period on proposed revised regulations ended on January 18, 2005.

Issues identified by stakeholders during the first and second 45-day comment periods were discussed at a workshop held as part of the Sustainability and Market Development Committee meeting on April 12, 2005. See "Stakeholder Input" section for more information, including the workshop notice and issue paper used during the workshop. Written comments on issues identified in the workshop issue paper were also accepted through April 15, 2005.

At the May 11, 2005 Board meeting, the Board gave staff direction to formally notice revised regulations for a 15-day comment period (See Rulemaking Documents). The comment period ran from May 16, 2005 June 1, 2005. By State law the Board was only required to respond to comments related to the changes made to the regulations for the 15-day comment period (italicized text). However, the Board directed staff to also consider further comments on origin survey frequency (see sections 18809.6 18810.6, 18811.6, 18812.6, 18813.6 18814.6).

At its June 14, 2005 meeting the Board adopted the proposed revised regulations and the associated Negative Declaration (See Agenda Item 25 of the June 14-15, 2005 Board meeting agenda). On August 12, 2005, Board staff submitted the final rulemaking file to the Office of Administrative Law for a 30-day working day review.

On September 21, 2005 the Office of Administrative Law (OAL) approved the regulations and filed them with the Secretary of State. The regulations become effective January 1, 2006.

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Stakeholder Input

  • Notice of April 12, 2005 Public Workshop, (MS Word, 154 KB). An informal public workshop was held on April 12, 2005 during the regular meeting of the Sustainability and Market Development Committee to allow interested stakeholders to comment on issues raised during the first 45-day comment periods. The  workshop was broadcast live and stakeholders unable to attend the meeting were given the chance to submit questions or respond to comments via e-mail.
  • Issue Paper for April 12, 2005 Public Workshop, (MS Word, 124 KB). This document contains stakeholder issues identified during the formal public comment periods. The paper was used to facilitate discussion of regulation revisions at the informal April 12, 2005 workshop.
    • Summary of Stakeholder Comments and Board Staff Responses. (MS Word, 87 KB). This  document contains a table summarizing comments received during the first 45-day comment period and staff's responses to the comments. See Summary and Response to Comments under Rulemaking Documents for responses to all comments received during the formal rulemaking process.
    • Summary of Stakeholder Comments and Board Staff Responses, (MS Word, 207 KB). This document contains a table summarizing comments received on the 2nd Informal Draft Revised Disposal Reporting System Regulations (June 16, 2003 version and staff's responses to the comments).
    • Summary of Stakeholder Comments and Board Staff Responses, (MS Word, 443 KB). This document contains a table summarizing comments received prior to June 2003 on the Informal Draft Revised Disposal Reporting System Regulations (November 20, 2002 version) and staff's responses to the comments.
    • Notice of Public Workshops, May, 2003 (MS Word 139KB). Announcement of two June 2003 workshops for the purpose of soliciting comments on the second draft of proposed Disposal Reporting System regulations.
      • Regulations Overview Presentation, (Power Point, 148 KB). Staff used this presentation at the June 2003 workshops to highlight significant changes made to the proposed revised regulations.
      • Riverside Origin Survey Form Case Study Presentation, (Power Point, 44 KB). At the June 2003 workshops, staff presented the results of a case study conducted at two landfills in Riverside County in which commercial self-haul customers were asked to complete origin survey forms.
    • Notice of Public Workshops, November 19, 2002 (MS Word, 138 KB): Announcement of two December workshops for the purpose of soliciting comments on the proposed regulations. The deadline for submitting written comments on the first informal draft regulations was extended to January 3, 2003.

Rulemaking Documents

  • Final Text (Approved). September 2005 (MS Word, 508 KB). Text of revised Disposal Reporting System and Adjustment Method regulations approved by OAL on September 21, 2005 and effective January 1, 2006. This version shows only the approved text that will go into effect on January 1, 2006.
  • Final Text (Approve with changes marked), September 2005 (MS Word, 556 KB). Text of revised Disposal Reporting System and Adjustment Method regulations approved by OAL on September 21, 2005 and effective January 1, 2006. This version shows regulatory revisions in underline (additions) and strikeout (deletions).
  • Final Statement of Reasons, August 2005 (MS Word, 865 KB). Updated Statement of Reasons explaining the purpose and intent of the regulations.
  • Update Informative Digest, August 2005 (MS word, 156, KB). Updated summary of the preceding laws and regulations relating to the regulations and the effect of the regulations.
  • Summary and Response to Comments (Sorted by comment number), August 2005 (MS Word (MS Word, 373 KB). Table summarizing comments received on the formal regulations and the Board's responses to the comments, sorted by assigned comment numbers.
  • Summary and Response to Comments (Sorted by regulations section), August 2005 (MS Word, 359KB). Table summarizing comments received on the formal regulations and the Board's responses to the comments, sorted by the sections or areas of the regulations that the comments address.
  • Notice of 15-Day Comment Period, May 2005 (MS Word 143 KB). Notice of additional changes to proposed revised Adjustment Method and Disposal Reporting System regulation.
  • Proposed Text, 15-Day Comment Version, May 2005 (MS Word 661 KB). Proposed regulatory text for a 15-day public comment period, May 16, 2005 through June 1, 2005). Text proposed for the 15-day comment period is shown in italics and strikeout.
  • Notice of Additional 45-Day Comment Period, November 2004 (MS Word, 143 KB). Notice of changes to proposed revised Adjustment Method and Disposal Reporting System regulations.
  • Proposed Text, Additional 45-Day Comment Version, November 2004 (MS Word, 522 KB). Proposed regulatory text for additional 45-day public comment period (November 18, 2004 through January 18, 2005).
  • Notice of Proposed Rulemaking, August 2004 (MS Word, 156 KB). California Regulatory Notice Register publication date: September 3, 2004. References the  proceedings, statutory authority, and informative digest describing existing laws, any mandates, and the effect of the proposed action on small business.
  • Proposed Text, 45-Day Comment Version, September 2004 (MS Word, 412 KB). Proposed regulatory text for 45-day public comment period (September 3 through October 18, 2004).
  • Initial Statement of Reasons-Adjustment Method, September 2004 (MS Word, 56 KB). A statement of the specific purpose and rationale for the determination that this regulation is necessary to carry out the purpose for which it is proposed. Alternatives considered and technical documents relied upon are also discussed within this statement of reasons.
  • Initial Statement of Reasons-Disposal Reporting System, September 2004 (MS Word, 541 KB).
  • 2nd Informal Draft Text, June 16, 2003, Workshop Version, (MS Word, 469 KB). Second draft of proposed regulatory text for public review and comment. In this version, proposed deletions of current regulatory text are shown in strikeout and proposed new regulatory text is underlined.
  • 2nd Informal Draft Text, June 16, 2003, Alternative Version, (MS Word, 538 KB). In this alternate version of second informal regulatory text, deletions proposed to the first informal draft regulations (November 20, 2002 version) are shown in double underline and strikeout and new proposed text is show in double underline.
  • 1st Informal Draft Text, November 20, 2002, (MS Word, 478 KB), Proposed regulatory text for public review and comment period.
  • Informal Draft Statement of Reasons, November 20, 2002 (MS Word, 233 KB). This document provides background information and rationale for proposed changes to the existing regulations. This document accompanies the 1st Informal Draft Text (November 20, 2002 version).

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Additional Documents

More Information

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Last updated: October 12, 2005
Rulemaking File Archives http://www.calrecycle.ca.gov/Laws/Rulemaking/Archive/
Legal Office: Dona.Sturgess@calrecycle.ca.gov (916) 341-6066