Article 7. Regulation of Haulers

C.C.R Title 14, Division 7, Chapter 12 Short-lived Climate Pollutants

Article 7. Regulation of Haulers

Section 18988.1. Jurisdiction Approval of Haulers and Self-Haulers.

(a) A jurisdiction shall require haulers providing residential, commercial, or industrial organic waste collection services to generators within its boundaries to meet the requirements and standards of this chapter as a condition of approval of a contract, agreement, or other authorization to collect organic waste.

(1) A jurisdiction shall require haulers to identify the facilities to which they will transport organic waste as a requirement for approval.

(2) A jurisdiction shall require haulers providing an organic waste collection service to comply with the applicable requirements of Article 3 of this chapter.

(b) If a jurisdiction allows generators subject to its authority to self-haul organic waste, it shall adopt an ordinance or a similarly enforceable mechanism that requires compliance with the requirements in Section 18988.3 of this article.

(c) Notwithstanding Subdivision (a), this section is not applicable to:

(1) A hauler that is consistent with Article 1, Chapter 9, Part 2, Division 30, commencing with Section 41950 of the Public Resources Code, transporting source separated organic waste to a community composting site; or

(2) A hauler that is lawfully transporting construction and demolition debris in compliance with Section 18989.1.

(d) Jurisdictions that are exempt from the organic waste collection requirements pursuant to Section 18984.12, and haulers and self-haulers operating or located within exempt areas of those jurisdictions, are not required to comply with the provisions of this article for the duration of an exemption issued pursuant to Section 18984.12.

Section 18988.2. Haulers of Organic Waste Requirements.

(a) A hauler providing residential, commercial, or industrial organic waste collection services shall comply with all of the following:

(1) Organic waste collected by the hauler shall be transported to a facility, operation, activity or property that recovers organic waste as defined in Article 2 of this chapter.

(2) Obtain applicable approval issued by the jurisdiction pursuant to Section 18988.1.

(b) The hauler shall keep a record of the documentation of its approval by the jurisdiction.

(c) Notwithstanding (a), this section is not applicable to:

(1) A hauler that, consistent with Division 30, Part 2, Chapter 9, Article 1 commencing with Section 41950 of the Public Resources Code, transports source separated organic waste to a community composting site; or

(2) A hauler that is lawfully transporting construction and demolition debris in compliance with Section 18989.1.

Section 18988.3. Self-haulers of Organic Waste.

(a) Generators of organic waste may, in compliance with Section 18988.1 of this division, self-haul their own organic waste.

(b) A generator who is a self-hauler of organic waste shall comply with the following:

(1) The generator shall source separate all organic waste generated on site in a manner consistent with Sections 18984.1 and 18984.2, or haul organic waste to a high diversion organic waste processing facility as specified in Section 18984.3.

(2) The generator shall haul source separated organic waste to a solid waste facility operation, activity, or property that processes or recovers source separated organic waste.

(3) The generator shall keep a record of the amount of organic waste delivered to each solid waste facility, operation, activity, or property that processes or recovers organic waste; this record shall be subject to inspection by the jurisdiction.

(A) The records shall include delivery receipts and weight tickets from the entity accepting the waste.

(B) The record shall indicate the amount of material in cubic yards or tons transported by the generator to each entity.

(C) Notwithstanding Subdivision (b)(3)(A), if the material is transported to an entity that does not have scales on-site, or employs scales incapable of weighing the self-hauler’s vehicle in a manner that allows it to determine the weight of waste received, the self-hauler is not required to record the weight of material but shall keep a record of the entities that received the organic waste.

(4) A residential organic waste generator that self-hauls organic waste is not required to record or report the information identified in Subdivision (b)(3).

(c) A generator that is located in a jurisdiction or area that received a waiver under Section 18984.12 of this division and is not a business subject to the requirements of Section 42649.81 of the Public Resources Code is not required to comply with the requirements of this section.

Section 18988.4. Recordkeeping Requirements for Compliance with Jurisdiction Hauler Program.

(a) A jurisdiction shall include all relevant documents supporting its compliance with this article in the Implementation Record required by Article 14 of this chapter. Records maintained shall include but are not limited to copies of:

(1) Ordinances, contracts, franchise agreements, policies, procedures, or programs relevant to this section.

(2) A description of the jurisdiction’s hauler program including:

(A) Type(s) of hauler system(s) the jurisdiction uses.

(B) Type(s) and condition(s) of approvals per type of hauler, and criteria for approvals, denials and revocations.

(C) The process for issuing, revoking, and denying written approvals.

(D) Any requirements associated with self-hauling and back-hauling.

(3) A record of hauler compliance with local ordinance(s) and the requirements of this article including the following information:

(A) Copies of all reports required from haulers.

(B) Copies of all written approvals, denials, and revocations.

(b) All records required by this article shall include the date of action, the name of the hauler, and the type of the action taken by the jurisdiction.