(a) UPAs shall collect, retain, and manage information needed to implement the Unified Program, including information specified in these regulations and the Data Dictionary. Data Dictionary information and documents retained in CERS do not need to be retained locally unless otherwise required by local rule or ordinance.(b) The UPA shall process all submittals from regulated businesses to CERS or the local reporting portal, as applicable to their authority.(c) The UPA may collect locally required supplemental information.(1) UPAs are prohibited from requesting duplicative information if the information is included in the Data Dictionary.(2) Locally required information must be adopted by local ordinance.(3) A description of locally required supplemental information requirements pertaining to submittals must be reported to CalEPA for inclusion in CERS.(d) The Data Dictionary elements and submittal elements must be used for electronic reporting by businesses to a UPA pursuant to this Section or by a UPA to the state pursuant to this Section. The UPA is not required to store or maintain the data in the Data Dictionary format but must be able to electronically submit the data to CERS using the Data Exchange Technical Specifications established by CalEPA.(e) The CUPA, in coordination with its PA(s), if applicable, shall develop and implement data management procedures that address: (1) The collection and management of documents and electronic data;(2) The transfer and exchange of electronic data through an applicable local information management system or local reporting portal in compliance with Section 15187; and(3) The reporting of electronic data in compliance with Section 15290.(f) The UPA shall establish and implement record maintenance procedures that address the following: (1) Identification of records maintained and minimum retention times, including and in addition to those identified in (e);(2) Archive procedures; and(3) Proper disposal methods.(g) A UPA shall retain the following information, as applicable, for a minimum of five years: (1) Self-audit reports, inspection reports, informal enforcement actions, and formal enforcement actions;(2) Detailed records used to produce information reported to the state in compliance with Section 15290(a);(3) Surcharge billing and collection records following closure of any billing period, or until completion of any audit process, whichever is longer; and(4) Training records required by Section 15260 and any other required training records specific to each program element.(h) The CUPA will provide access, upon request, to the information collected in CERS or local reporting portals to those agencies with shared responsibilities for protection of the public health and safety and the environment.(i) The Secretary may establish and maintain standard descriptions for chemical inventory reporting of common chemical products in the Data Dictionary. The UPA shall accept the standard descriptions for inventory reporting.Cal. Code Regs. Tit. 27, § 15185
Note: Authority cited: Sections 25404(b), 25404(c), 25404(d), 25404(e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25218.2, 25218.9, 25286, 25287, 25505, 25506 and 25509, Health and Safety Code.
Note: Authority cited: Sections 25404(b), 25404(c), 25404(d), 25404(e) and 25404.6(c), Health and Safety Code. Reference: Sections 25143.10, 25144.6, 25200.3, 25201, 25201.4.1, 25201.5, 25201.13, 25201.14, 25281.2, 25218.9, 25286, 25287, 25505, 25506 and 25509, Health and Safety Code.
1. New section filed 1-8-99 as an emergency; operative 1-8-99 (Register 99, No. 2). A Certificate of Compliance must be transmitted to OAL by 5-10-99 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 1-8-99 order transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20).
3. Amendment of subsections (a), (b)(2) and (e) filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
4. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
5. Change without regulatory effect amending subsections (b)-(b)(1) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).
6. Amendment filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
7. Amendment of section and Note filed 6-14-2018; operative 7/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
8. Amendment of section and NOTE filed 3-14-2024; operative 7/1/2024 (Register 2024, No. 11).