§ 15185. Information Collection, Retention, and Management.

(a) CUPAs shall collect, retain, and manage information needed to implement the Unified Program, including these regulations and all data specified in the Unified Program data dictionary. Data Dictionary Data and documents retained in CERS do not need to be also retained locally.

(b) The data dictionary is contained in division 3, Electronic Submittal of Information. It defines data elements, data field size and type, and edit criteria for regulatory data that shall be collected, retained, and managed by a CUPA. It consists of the following sections:

(1) Division 3, Electronic Submittal of Information, includes data elements reported by a regulated business to a UPA; and

(2) Division 3, Electronic Submittal of Information, includes data elements a CUPA reports to the state.

(c) A CUPA shall retain the following information for a minimum of five years:

(1) Copies of self-audits, inspection reports, enforcement files, and UPCFs.

(2) All records related to hazardous waste enforcement actions from the date the enforcement action is resolved.

(3) Detailed records used to produce the summary reports submitted to the state.

(4) Surcharge billing and collection records following closure of any billing period, or until completion of any audit process, whichever is longer.

(d) The Unified Program Data Dictionary data elements and submittal elements must be used for electronic reporting by businesses to a CUPA pursuant to this section or by a CUPA to the state pursuant to this section. The CUPA is not required to store or maintain the data in the data dictionary format, but must be able to electronically submit the data to Cal/EPA in the data dictionary formats using the data exchange technical specifications provided by Cal/EPA.

(e) The CUPA shall accept all submittal elements from regulated businesses within their jurisdiction that include the relevant data elements as specified in the Unified Program Data Dictionary.

(f) The CUPA may collect locally required supplemental information.

(1) CUPAs 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 must be reported to Cal/EPA for inclusion in CERS.

(g) A CUPA shall provide access to information in accordance with section 15100(b)(2)(C)(iii).

(h) The Secretary may establish and maintain standard descriptions for chemical inventory reporting of common chemical products in the Unified Program Data Dictionary, located at title 27, division 3, subdivision 1. The UPA shall accept the standard descriptions for inventory reporting.

HISTORY

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).

Note

Note: Authority cited: Sections 25404(b), (c), (d) and (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, 25503.5, 25505, 25506 and 25509, Health and Safety Code.