§ 15290. Reporting.

(a) The CUPA shall submit the following reports for the previous fiscal year to the Secretary by September 30 of each year.

(1) The Annual Single Fee Summary Report. It includes:

(A) The amount of the single fee billed and the amount collected.

(B) The amount of any funds due to PAs and the amount actually transmitted.

(C) The amount of surcharge billed, the amount of surcharge waived, and the amount of surcharge collected for each category identified in section 15240(c).

(D) 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 will be provided in a cover letter with the Annual Single Fee Summary Report.

(E) A count for the year of the report of the total regulated businesses, UST facilities, USTs, onsite hazardous waste treatment facilities (PBR, CA, and CE), CalARP program stationary sources, waivers granted to stationary sources, businesses subject to the CalARP program and the total AST regulated businesses.

(2) Annual Single Fee Summary Report shall be submitted by the CUPA to the:

CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY

UNIFIED PROGRAM SECTION

U.S. MAIL: P.O. BOX 2815

SACRAMENTO, CALIFORNIA 95812-2815

EXPRESS MAIL: 1001 “I” STREET

SACRAMENTO, CALIFORNIA 95814

(b) At least on a quarterly basis, each CUPA shall report inspection, violation, and enforcement information for each program element to the Secretary through a local information management system, local reporting portal, or CERS.

(1) Each CUPA shall submit inspection, violation, and enforcement information pertaining to local underground storage tank program including but not limited to release detection and release prevention requirements and Red Tag issuance in accordance with Health and Safety Code sections 25288, 25292.3, 25299, 25299.7(b), and California Code of Regulations title 23 Section 2712(c), (e), (g) and 2713(c).

(2) Each PA shall report inspection, violation, and enforcement information to the CUPA with jurisdiction over the geographic area or shall manually enter the information into CERS. The CUPA shall include inspection, violation, and enforcement information received from the PA as part of its quarterly submittal to the Secretary unless the PA manually entered the information into CERS. Each PA shall coordinate the distribution of information with its CUPA so that the CUPA may report the information in a timely manner.

(3) The inspection, violation, and enforcement information shall be submitted to the Secretary within 30 days after the end of each quarter.

(A) First quarter - January thru March, date due April 30.

(B) Second quarter - April thru June, date due July 30.

(C) Third quarter - July thru September, date due October 30.

(D) Fourth quarter - October thru December, date due January 30.

(4) Regulated businesses shall be able to access electronically submitted inspection, violation, and enforcement information pertaining to their business through CERS.

(c) Each CUPA shall submit a formal enforcement report to the Secretary for each formal enforcement case that has received a final judgment. The formal enforcement report shall be submitted using a local information management system, local reporting portal or CERS within 30 days after a final case disposition.

(d) Nothing in this section shall limit the authority of the Secretary or state agencies 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 within 60 days.

(e) The CUPA shall provide any other program reports required by federal or state law or regulation to the person or agency making the request within 60 days.

(f) An agency authorized to operate a program element or elements pursuant to Health and Safety Code sections 25404.3(f) or 25533(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.

(g) If the Secretary or state agencies do not receive current information on the regulated business from each CUPA, the Secretary or state agencies may use whatever information is available to estimate the data on regulated business.

(h) The Secretary shall provide copies of the received summary reports required pursuant to section 15290 to any state agency with program element responsibilities under the Unified Program upon request.

HISTORY

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).

Note

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