Cal. Code Regs. tit. 27 § 15290

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 15290 - CUPA-to-State Reporting

(a) The CUPA shall submit the Surcharge Transmittal Report (Appendix C) within 30 days of the end of each state fiscal quarter as specified in subdivision (f).

(1) The Surcharge Transmittal Report shall be submitted to cupa@calepa.ca.gov and to the Air Resources Board as specified in Section 15250.

(2) If no surcharge revenue has been collected during any fiscal quarter, a Surcharge Transmittal Report shall still be submitted.

(b) The Annual Single Fee Summary Report (Appendix C) shall be submitted to the Secretary no later than September 30 of each year.

(1) The Annual Single Fee Summary Report shall include the following information from the previous state fiscal year (July 1 through June 30):

(A) The amount of the single fees billed, waived, and collected.

(B) The amount of single fees billed and collected by the CUPA on behalf of its PA(s), as well as the amounts remitted and still owed to the PA(s).

(C) The amounts of surcharge billed, waived, collected, remitted and still owed to the Secretary for each category identified in Section 15240(c).

(D) The total count for each of the following categories, within the jurisdiction of the CUPA, that were regulated during the previous fiscal year:

(i) Regulated businesses assessed the CUPA Oversight surcharge component minus the CERS NextGen component;

(ii) Regulated businesses assessed the CERS NextGen portion of the CUPA oversight surcharge;

(iii) Hazardous waste generators (HWGs);

(iv) Non-RCRA large quantity hazardous waste generators (Non-RCRA LQGs);

(v) RCRA large quantity hazardous waste generators (RCRA LQGs);

(vi) Small quantity hazardous waste generators (SQGs);

(vii) Onsite hazardous waste treatment facilities -- permit by rule (PBR);

(viii) Onsite hazardous waste treatment facilities -- conditional authorization (CA);

(ix) Onsite hazardous waste treatment facilities -- conditional exemption (CE), including Conditionally Exempt Commercial Laundries (CECL), Conditionally Exempt Specified Wastestreams (CESW), Conditionally Exempt Small Quantity Treatment (CESQT) and Conditionally Exempt Limited (CEL);

(x) Regulated businesses assessed the CalARP Program surcharge component;

(xi) Aboveground storage tank facilities with the capacity to store 10,000 gallons or more of petroleum; and

(xii) Petroleum refineries assessed the Refinery Safety surcharge component at each tier.

(2) If the CUPA believes that the number of regulated businesses will change significantly in the current year or in the next year, then estimates of those changes for each program element shall be provided in a cover letter with the Annual Single Fee Summary Report.

(3) The Annual Single Fee Summary Report shall be submitted to the Secretary using one of the following methods:

(A) Mail to:

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

UNIFIED PROGRAM

P.O. BOX 2815

SACRAMENTO, CALIFORNIA 95812-2815

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

UNIFIED PROGRAM

1001 "I" STREET

SACRAMENTO, CALIFORNIA 95814

(B) Email to:

cupa@calepa.ca.gov

(c) Each UPA shall submit a Formal Enforcement Summary (FES) report to the Secretary for each formal enforcement case that has received a final judgment. The FES report includes facility identification, violation summary(ies), formal enforcement action taken, and a description of the final disposition.

(1) No later than 30 days after a final judgment, the UPA shall submit the FES report to the Secretary.

(A) All FES reports shall be emailed to cupa@calepa.ca.gov.

(d) The CUPA shall report inspection, violation, and enforcement information for each program element to the Secretary through CERS no later than 30 days after the end of each state fiscal quarter as specified in subdivision (f).

(1) Each PA shall report inspection, violation, and enforcement information to its overseeing CUPA or enter that information in CERS in accordance with a method agreed upon between the CUPA and PA.

(2) The CUPA shall include inspection, violation, and enforcement information received from the PA(s) as part of the quarterly reporting requirement in accordance with subdivision (f), so long as each PA has not yet reported the information in CERS.

(3) Regulated businesses shall be able to access their inspection, violation, and enforcement information reported to CERS.

(e) On a semi-annual basis, each UPA shall report to the State Water Board information pertaining to its local UST Program. The report shall include inspection, violation, and enforcement information including but not limited to facility and tank counts, technical compliance rate, and Red Tag issuance in accordance with HSC Sections 25288, 25292.3, 25299, and 25299.7(b), and 23 CCR, Sections 2712(c), 2712(g) and 2713(c).

(f) For purposes of this Section, state fiscal quarters are specified as:

(1) First quarter -- July 1 through September 30;

(2) Second quarter -- October 1 through December 31;

(3) Third quarter -- January 1 through March 31; and

(4) Fourth quarter -- April 1 through June 30.

(g) Nothing in this Section shall limit the authority of the Secretary or state agencies with Unified Program responsibilities to request records or documents that are normally maintained by the CUPA in the course of implementing the Unified Program or otherwise required by law to be retained by the CUPA. The CUPA shall provide this information to the Secretary or state agencies with Unified Program responsibilities no later than 60 days after the request.

(h) The CUPA shall provide any other program reports required by federal or state law or regulation to the person or agency making the request no later than 60 days after the request.

(i) An agency authorized to operate a program element or elements pursuant to HSC Section 25404.3(f) shall only report information on the implementation of the program element or elements that particular agency is authorized to operate and shall not include information related to the surcharge or single fee system.

(j) If the Secretary or state agencies with Unified Program responsibilities do not receive current information on the regulated business from each CUPA, the Secretary or state agencies with Unified Program responsibilities may use whatever information is available to estimate the data of that regulated business.

(k) The Secretary shall provide copies of the received summary reports required pursuant to this Section requested by any state agency with Unified Program responsibilities.

Cal. Code Regs. Tit. 27, § 15290

Note: Authority cited: Sections 25404(b), 25404(c), 25404(d), 25404(e) and 25404.6(c), Health and Safety Code. Reference: Sections 25299.3(b), 25404(b), 25404(c), 25404(d), 25404.4(a)(1) and 25404.5(b), Health and Safety Code.

1. New section filed 11-14-94 as an emergency; operative 11-14-94 (Register 94, No. 46). A Certificate of Compliance must be transmitted to OAL by 3-20-95 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 3-7-95 as an emergency; operative 3-7-95 (Register 95, No. 10). A Certificate of Compliance must be transmitted to OAL by 7-5-95 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 7-7-95; operative 7-7-95 (Register 95, No. 27). A Certificate of Compliance must be transmitted to OAL by 11-4-95 or emergency language will be repealed by operation of law on the following day.
4. New section refiled 11-3-95 as an emergency; operative 11-3-95 (Register 95, No. 44). A Certificate of Compliance must be transmitted to OAL by 3-2-96 or emergency language will be repealed by operation of law on the following day.
5. Certificate of Compliance as to 11-14-94 order including amendment of subsections (a) and (b) transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
6. Repealer and 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.
7. Certificate of Compliance as to 1-8-99 order, including amendment of subsection (k) transmitted to OAL 4-2-99 and filed 5-14-99 (Register 99, No. 20).
8. Change without regulatory effect redesignating and amending former subsection (c) as subsection (c)(i) and adopting new subsection (c)(ii) filed 7-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 28).
9. Change without regulatory effect repealing subsections (b) and (c)(ii), relettering subsections and amending newly designated subsection (b)(i) and Note filed 7-13-2004 pursuant to section 100, title 1, California Code of Regulations (Register 2004, No. 29).
10. Amendment of subsections (c)(2) and (f) filed 11-16-2004; operative 12-16-2004 (Register 2004, No. 47).
11. Amendment of section heading and section filed 4-13-2007; operative 5-13-2007 (Register 2007, No. 15).
12. Amendment of subsections (b)-(b)(2) filed 12-18-2007; operative 1-17-2008 (Register 2007, No. 51).
13. Change without regulatory effect amending subsections (a)(1), (a)(1)(B), (a)(1)(D), (a)(2)-(b), (d) and (e) filed 3-21-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 12).
14. Amendment filed 12-17-2013; operative 12-17-2013 pursuant to Government Code section 11343.4(b)(3) (Register 2013, No. 51).
15. Amendment of section heading and section filed 6-14-2018; operative 7/1/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 24).
16. Amendment filed 3-14-2024; operative 7/1/2024 (Register 2024, No. 11).