Countywide Integrated Waste Management Plan Enforcement

This policy was prepared by CalRecycle staff and presented to CalRecycle's Local Assistance and Planning Committee. Part I was approved on November 17, 1993. Part II was approved on February 14, 1995, and revised August 14, 2001.

Background | Table of Contents

Background

This policy is divided into two sections. Part I addresses content adequacy requirements of an element and plan, regulatory and statutory requirements, the submittal process, the evaluation process by local assistance staff, the approval and disapproval process and proposed methods to correct deficiencies. Part II addresses the process and procedures CalRecycle will take against local jurisdictions who fail to implement an element or plan or a CalRecycle-recommended process for dispute resolution.

CalRecycle has statutory requirements under Public Resources Code (PRC) sections 41813 and 41850(a) to enforce the provisions of AB 939 if a local jurisdiction fails to submit an adequate element or plan or if a local jurisdiction fails to implement its Source Reduction and Recycling Element (SRRE) or Household Hazardous Waste Element (HHWE). Administrative civil penalties of up to $10,000 per day may be imposed on local jurisdictions until the element or plan is submitted to CalRecycle and is deemed adequate or until the element or plan is implemented. This policy has been prepared to address the process CalRecycle will use to determine adequacy of elements and plans and to discuss enforcement options CalRecycle has to address jurisdictions who fail to submit an adequate element or plan.

Table of Contents

Part I: Adequacy of CIWMP and Elements

Background
Analysis
Statutory, Regulatory and Content Adequacy Requirements
Source Reduction and Recycling Element (SRRE) Adequacy
Household Hazardous Waste Element (HHWE) Adequacy
Nondisposal Facility Element (NDFE) Adequacy
Countywide Siting Element (CSE) Adequacy
Countywide Integrated Waste Management Plan (CIWMP) Adequacy

• Submittal Process
• Evaluation Process
• Approval Process
• Conditional Approval Process
• Disapproval Process
• Addressing Deficiencies
• Enforcement Process

Part II: Failure to Implement a SRRE and HHWE 

Available as a downloadable (Part II , PDF, 339 KB).

• Background:

Appendices

Relevant waste reduction statutes