Five-Year Countywide or Regional Agency Integrated Waste Management Plan Review Report Guidelines
Introduction
To implement the California Integrated Waste Management Act (AB 939, Sher, Chapter 1095, Statutes of 1989 as amended [IWMA]), counties were required to prepare and submit to the California Integrated Waste Management Board (effective January 1, 2010, the Department of Resources Recycling and Recovery, or CalRecycle) a Countywide Integrated Waste Management Plan (CIWMP). This plan includes the Source Reduction and Recycling Element (SRRE),Household Hazardous Waste Element (HHWE), and Nondisposal Facility Element (NDFE) for each jurisdiction in the county, and a Countywide Siting Element (SE) and Summary Plan (SP) for the county. Similarly, if regional agencies are formed, the Regional Agency Integrated Waste Management Plan (RAIWMP) includes all applicable regional planning documents. (Regional agencies composed of member agencies that do not extend beyond the boundaries of a single county are an exception. See [Public Resources Code (PRC), section 41750.1 and California Title 14, Code of Regulations (CCR) section 18776 (b)].
The waste management plan addresses waste management conditions within the respective county or regional agency. It also provides an overview of the actions that will be taken to achieve the 50 percent equivalent per capita disposal target and to maintain 15-year disposal capacity. Statute requires that the elements comprising the waste management plan be reviewed every five years after the original plan’s approval date, and be revised, if necessary. Therefore, the focus of the five-year review is to determine if these planning documents are still adequate or should be revised.
Five-Year CIWMP/RAIWMP Review Report Preparation and Guidelines
What is Expected in a County’s or Regional Agency’s Five-Year CIWMP or RAIWMP Review Report?
A county’s or regional agency’s five-year review report is a comprehensive analysis regarding the continuing adequacy of the individual planning documents (SRRE, HHWE, NDFE, SE, SP) that make up its waste management plan since those documents were first adopted (or last amended). The analysis should:
- Address whether the current planning documents are sufficiently updated via annual reports and other existing reporting systems.
- Conclude with a determination as to whether one or more of these documents need to be revised and the basis for that decision. The county’s or regional agency’s determination should be the end result of a joint effort between the county or regional agency and its jurisdictions; the local task force would be the general vehicle for the necessary information exchange.
If a revision is determined necessary, the five-year review report must include a revision schedule for the applicable planning documents.
Note: The unincorporated county completes and submits a five-year review report evaluating the adequacy of all the planning documents in the county (i.e., the planning documents for each city, regional agency and the unincorporated county area). The evaluation of individual city SRREs, HHWEs, and NDFEs would be based on information provided by those individual cities. A five-year regional plan review report would include the same scope but would be completed by the regional agency, unless otherwise provided in the Regional Agency Agreement.
CalRecycle’s Process for Evaluating Five-Year CIWMP or RAIWMP Review Reports
CalRecycle’s Local Assistance staff will review the information provided in each jurisdiction’s annual report with respect to the continuing adequacy of the planning documents and any need for revision.
- Title14, CCR sections 18794.3 and 18794.4 require jurisdictions to address in their annual reports the adequacy of, or the need to revise, each of their planning documents.
- PRC section 41821(d) provides that CalRecycle shall use the annual report in the determination of whether a jurisdiction’s SRRE needs to be revised. Similarly, Title 14, CCR section 18794 states the annual report will serve as a basis for determining if any of the planning documents need to be revised to reflect new or changed local and regional solid waste management programs, facilities, and other conditions.
Local Assistance staff’s evaluation of a five-year review report will also be based on the requirements specified in Title 14, CCR section 18788 (as outlined in the next section). This review will determine whether the county or regional agency’s five-year review report addresses the fundamental changes in a jurisdiction that could affect waste quantities and management since its planning documents were prepared. The review also includes an evaluation regarding whether such changes necessitate a revision to one or more of the planning documents. Jurisdictions may use the annual report reporting process, to update programmatic information in cases where a revision is not necessary. In the event that a revision is determined necessary, Local Assistance staff will also review the required revision schedule for completeness, accuracy and reasonableness (with respect to the specified amendment guidelines and procedures). Local Assistance staff will also offer assistance with the revision process, as necessary.
FAQs
1. When is our Five-Year County/Regional Agency Integrated Waste Management Plan Review Report due?
The five-year review report is due five years from the CalRecycle approval date for the waste management plan (for regional agencies to which all of the jurisdictions in the county(s) belong). If you have questions about your five-year review report due date, contact your local assistance staff representative at (916) 341-6199.
2. Is the next five-year review report due five years from the date the first report is approved by CalRecycle?
No, the five-year review report due date is calculated every five years from CalRecycle-approval date of the waste management plan. So, as mentioned above, the first five-year review report is due five years from the date CalRecycle approved the plan. The second five-year review report is due five years from the date of the first report due date (or 10 years from CalRecycle approval date of the plan) and so forth.
3. What is the difference between a five-year review report and a five-year revision?
The five-year review is a county’s or regional agency’s evaluation of all the planning documents included in its waste management plan and a vehicle for notifying CalRecycle whether one or more of its planning documents needs to be revised. The five-year review report is the document that is due on the anniversary dates referenced above, not a revised planning document. If the county or regional agency determines that a revision to one or more individual planning documents is necessary, a revision schedule for the planning document(s) must be included in the five-year review report.
4. Can you clarify when a county has to prepare the five-year review report as opposed to a regional agency?
The county is responsible for preparing the five-year review report for the entire county, including any regional agencies. For example, a county includes two regional agencies, one to which the unincorporated county area belongs, and three other cities. The county will prepare the five-year review for the whole county (i.e., the two regional agencies and the three cities). The five-year review report is due five years from the date the county’s waste management plan was approved by CalRecycle.
The county is responsible for preparing the five-year review report for the entire county, including any regional agencies. For example, a county includes two regional agencies, one to which the unincorporated county area belongs, and three other cities. The county will prepare the five-year review for the whole county (i.e., the two regional agencies and the three cities). The five-year review report is due five years from the date the county’s waste management plan was approved by CalRecycle.
5. So, what happens when the waste management plan is approved for a county and then all the jurisdictions in the county, including the unincorporated county area, form a regional agency? Is the five-year regional review report due date based on the date of the county or regional waste management plan approval?
If the planning documents were not altered in the formation of the regional agency (e.g., they did not prepare new planning documents for the new regional agency, but rather incorporated them by reference), the due date is still based on the waste management plan’s approval date. If, however, the regional agency prepared regionwide or multijurisdictional planning documents, which were approved as their regional waste management plan, then the five-year regional plan review report due date is calculated based on the date of the regional plan’s approval.
6. Our county no longer has a local task force, but does have a “Solid Waste Committee” that addresses and votes on solid waste issues. The five-year review process requires a local task force to provide written comments to the county or regional agency, and CalRecycle, on areas of the waste management plan that need revision, if any. In the case where the local task force no longer exists, can another entity (e.g., Solid Waste Committee or regional agency) act as the local task force for the purpose of the five-year review? If not, are there options for reconstituting the local task force that do not involve the approval process that was required previously (e.g., membership determined by the county and by a majority of the cities within the county which contain a majority of the population of the incorporated area of the county)?
PRC, section 40950 references convening a local task force every five years, presumably for the purpose of the five-year review. With respect to determining membership, the statute is clear regarding these requirements. There is, however, no provision for “disbanding” the local task force, so the original one, with the original members, still exists even though it may not have met in years. So, the original local task force can resume meeting (for example, send notices of the next meeting) and to the extent that vacancies need to be filled, include that as an agenda item for the next meeting. At the present time, statute does not authorize the use of a different body instead of the local task force.
7. What is the appropriate level of local task force involvement in the five-year review (i.e., what exactly does the task force need to do)?
Regulations (Title 14, CCR section 18788) require a county’s local task force to provide written comments to the county or regional agency and to CalRecycle, on areas of the waste management plan that need revision, if any, prior to the five-year anniversary date of CalRecycle approval of the plan, but no later than 45 days prior to the anniversary date.
Since the exact level of local task force involvement is not specified in the statute or regulations, it is recommended that this decision be addressed/negotiated by the county and the local task force. As the regulations are written, the local task force essentially serves as a vehicle for getting the individual jurisdictions’ comments on the continuing adequacy of their original SRREs, HHWEs, and NDFEs to the county (and CalRecycle). The county is responsible for making the final determination regarding any need for a plan revision in the five-year review report. In part of its making this determination, the county will most likely rely heavily on the information provided by the local task force as a part of its review regarding each jurisdiction’s individual planning documents. It is recommended that the county and local task force discuss the data needed for the analysis and review and develop a plan regarding how the local task force will collect and prepare the information. How much effort each local task force member contributes to the project, however, is a local matter.
Please remember that your local assistance staff representative is an excellent resource to you during this process. For example, you can request a report of the Electronic Annual Report information relating to each jurisdiction’s planning document adequacy to help prepare the local task force comments as well as the five-year review report.
8. Where exactly does it say that it is the county’s responsibility to review all of the cities’ planning documents?
Title 14, CCR section 18788 provides that the county or regional agency is responsible for determining if a revision is necessary and notifying the local task force and CalRecycle of its findings in a five-year review report. This same section, however, also provides that the local task force is first required to complete a review of the waste management plan to assure that the county’s and regional agency’s waste management practices remain consistent with the hierarchy of waste management practices defined in statute. The local task force is also required to submit written comments on areas of the waste management plan which require revision, if any, to the county or regional agency and CalRecycle. The county’s determination should be based, at least in part, on the local task force’s comments.
9. Who (as in a jurisdiction) would be responsible before CalRecycle if a jurisdiction fails to conduct a planning document review and/or provide review comments to the county for the five-year review (e.g., a jurisdiction does not participate in the required local task force review and input)?
PRC section 41822 provides that each city, county, or regional agency shall review its SRRE or the waste management plan at least once every five years to correct any deficiencies in the element or plan. Additionally, Title 14, CCR section 18788 requires a county’s local task force to provide written comments to the county or regional agency, and CalRecycle, on areas of the waste management plan that need revision, if any.
Since the exact level of local task force involvement is not specified in the statute or regulations, the specific expectations for each local task force member in conducting the review and preparing comments is considered a local matter. As a result, it is recommended that this decision be addressed/negotiated between the county and the local task force (e.g., at a local task force meeting). If the county requests information from a jurisdiction regarding its five-year review and none is forthcoming, it is recommended that the county document this fact in its five-year review report and indicate that, as a result, the county cannot determine whether a revision of the jurisdiction’s planning documents is necessary.
There is no explicit penalty provided in statute or regulations for noncompliance with the five-year review requirements (e.g., planning document review, local task force comment process, reporting). Noncompliance could, however, be taken into account during the applicable biennial or quadrennial review.
10. What is the difference between an update to the planning documents and a revision?
Updates include reporting technical changes or modifications that have already been undertaken by jurisdictions to fulfill the requirements of AB 939 (program implementation information in annual reports, etc.). A revision to a planning document is needed if significant changes to the overall plan are proposed that should involve the formal local public input process.
11. What level of analysis is CalRecycle looking for with respect to demographic and waste stream changes in determining whether a SRRE revision is needed?
The five-year review report template provides a number of resources to document demographic and waste stream changes. Additionally, the analysis needs to address whether, in light of these changes, the SRRE is still adequate (e.g., does not contain any deficiencies). If not, can the deficiencies be addressed via program updates or is a revision necessary?
12. Do counties or regional agencies have to include statewide per capita generation and disposal tonnage in their five-year review report?
No, such statistics are not required by either statute or regulation and therefore, are not necessary to include in the report. You should keep in mind that what is required for the five-year review is an analysis of how things have changed in the county (or regional agency) since the planning documents were written, and whether a revision to one or more of the planning documents is necessary.
13. Would rural reductions (or other programmatic changes related to time extensions or alternative diversion requirements) cause a significant enough change as to require SRRE revision?
Generally, a revision would only be recommended when there are changes to the overall structure of how the jurisdiction planned to achieve the diversion goals, in which case there should be local formal public input for policy-making decisions through the formal SRRE revision process. Otherwise, jurisdictions can use their annual reports to CalRecycle to update diversion program information, e.g., selected, implemented, alternative, planned programs, where it has been determined that a revision is not necessary. Additionally, if a jurisdiction is on compliance or has a time extension or alternative diversion rate, the compliance order or plan of correction, respectively, can serve as updates to the SRRE or HHWE in terms of program implementation. Corrections to, or approved new base years, also update the Solid Waste Generation Study component of the SRRE.
14. PRC 41736 indicates that “At the time of the five-year revision of the source reduction and recycling element, each city, county, and city and county shall incorporate the nondisposal facility element and any amendments thereto into the revised source reduction and recycling element.” Does the NDFE have to be incorporated into the SRRE at time of the five-year review?
According to PRC 41730, “the nondisposal facility element and any amendments to the element may be appended to the city’s source reduction and recycling element when that element is included in the countywide integrated waste management plan, prepared pursuant to section 41750.” This language was changed to provide that incorporating the NDFE into the SRRE is not mandatory and CalRecycle regulations were modified accordingly.
15. PRC 41770 (a) indicates that the city, county, or regional agency shall conduct waste disposal characterization studies, as prescribed by the board, if it fails to meet the diversion requirements of section 41780, at the time of the five-year revision of the SRRE. So, if at the time of the five-year review the jurisdiction has not met the diversion requirements, will it have to conduct a waste characterization study?
PRC 41770 does reference a waste characterization study, but it is linked to CalRecycle being authorized, but not required, to order one when a jurisdiction is not in compliance with the mandates. (…the city, county, or regional agency shall conduct waste disposal characterization studies, as prescribed by the board, if it fails to meet the diversion requirements of section 41780…). Any CalRecycle action or direction associated with failing to meet the diversion requirements of PRC section 41780 is addressed via the biennial or quadrennial compliance review process.
If at the time of the five-year review a jurisdiction is not achieving the diversion requirements, the respective county will have to address in the five-year review report whether that jurisdiction’s SRRE, as updated, is still meeting the jurisdiction’s planning needs. Specifically, the county should address whether the jurisdiction’s SRRE should be revised or has been sufficiently updated with respect to program implementation in the jurisdiction’s annual reports, compliance order, or other CalRecycle reporting mechanism. In analyzing the jurisdiction’s current waste stream and whether the current or planned programs are addressing the largest waste generators and types, CalRecycle’s waste characterization data, Electronic Annual Report and Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report are recommended resources.
16. With the passage of Senate Bill 20 (Sher, Chapter 526, Statutes of 2003) on hazardous electronic waste, do jurisdictions need to revise their HHWE by Jan. 1, 2004 to identify those actions the city, county, or regional agency is taking to promote the collection, consolidation, recovery, and recycling of covered electronic waste?
No, this requirement only applies if, after Jan. 1, 2004, as a result of the five-year review, a jurisdiction or CalRecycle determines that a revision to the HHWE is necessary. For example, if as a result of the five year review, the county or regional agency determines that a revision to one of the jurisdiction’s HHWE is necessary to address significant funding and/or administrative changes, the revision must also identify those actions the city, county, or regional agency is taking to promote the collection, consolidation, recovery, and recycling of covered electronic waste. If however, the county or regional agency determines no revision to the jurisdictions’ planning documents are necessary, no revision to applicable jurisdictions’ HHWE is necessary as a result of this bill. Similarly, if the county or regional agency determines that a revision to one or more of the other planning document (but not one of the jurisdiction’s HHWEs) is necessary, still no revision to the HHWE is required as a result of this bill.
However, when reviewing each jurisdiction’s planning documents for adequacy during the five-year review, please keep in mind that e-waste program implementation should be updated in the electronic annual report (9045 program code). This allows jurisdictions to update their planning documents relating to e-waste programs when a revision is not necessary.
17. If we have a new nondisposal facility in our jurisdiction, do we need to revise our NDFE?
Statute requires a revision (i.e., an amended NDFE) if a nondisposal facility is being used (or planned to be used) in your jurisdiction that is not already identified in the NDFE.
18. There have been changes to the nondisposal facilities used outside of our jurisdiction (e.g., we have changed haulers and now use a different material recovery facility). Do we need to revise our NDFE, as a result of such changes?
If your jurisdiction has started using a nondisposal facility that is not identified in your NDFE and you are not the “host” jurisdiction (i.e., the nondisposal facility is not sited or planned to be sited in your jurisdiction) you do not have to amend your NDFE at the time of the five-year review (of course, you may if you want to), but you should provide an update as follows:
- Identify the nondisposal facility in your Electronic Annual Report providing the information required in 14 CCR 18753.5 (type of facility, estimated amount of waste the jurisdiction will transport to the facility, anticipated/expected diversion rate for the facility as a whole, location of the facility); and,
- Attach a copy of this information to your NDFE (to provide anyone reviewing the document access to the current information).
19. Does each jurisdiction included in a multi-jurisdictional NDFE have to adopt an amendment(s) made by another jurisdiction(s)? For example, if one of the jurisdictions amends the NDFE to site a new composting facility, do all of the other jurisdictions included multi-jurisdictional NDFE also have to adopt the amended NDFE?
Although the multi-jurisdictional NDFE includes nondisposal facility information for multiple of jurisdictions, each jurisdiction locally adopted it as their own planning document. As a result, each jurisdiction would only need to revise its NDFE to reflect changes in nondisposal facilities sited or planned to be sited within its jurisdiction (A jurisdiction may wish to update its NDFE at the time of the five-year review to reflect current conditions, but it is not required). The exception to this would be a CalRecycle-approved regional agency with a multi-jurisdictional NDFE, in which case each member jurisdiction would need to locally adopt any amendments to the NDFE unless one of the member jurisdictions is specifically appointed to do so for the regional agency and its member jurisdictions.
20. If the NDFE and/or SE are amended, is there a requirement that the entire waste management plan be revised?
The NDFE and the SE can be amended without having to revise the entire plan. Depending on the nature of the change, however, these amendments may require a revision to the summary plan at the time of the five-year review. So, in the five-year review report, the county should address these changes and whether they affect the adequacy of the summary plan to the extent that a revision is necessary. The five-year review report template is designed to assist you in analyzing and reporting the need for revising each element and plan comprising the waste management plans.
21. What type of “proof” or documentation is necessary to demonstrate 15 years disposal capacity?
The Countywide Siting Element (SE) will need to be revised if the county has less than 15 years disposal capacity and the SE does not include an adequate strategy for obtaining 15 years disposal capacity. With respect to documenting 15-year disposal capacity, Title 14, CCR section 18755.3 Disposal Capacity Requirements, requires the following for the preparation of the SE:
- Existing disposal capacity in cubic yards and tons.
- Anticipated disposal capacity needs in cubic yards and tons on an annual basis and aggregated for a minimum five-year period.
In terms of “proof” of 15-year disposal capacity, the county should have available the method and sources of data for determining these estimates for CalRecycle staff review. For a discussion of the statutory, regulatory and content adequacy requirements of a SE, see the CIWMP Enforcement Part 1: Plan Adequacy. The section on Countywide Siting Element Adequacy contains information regarding what staff focused on during the review of a SE to determine and define adequacy.
22. A city has newly incorporated since the preparation and approval of the county’s planning documents and is still determining whether to join the regional agency to which the county is a member. If the city does not join the regional agency, the city will need to prepare its own planning documents. How should this change be addressed in the five-year review report? Should the county wait to see what the city decides even if that delays the submittal of the five-year regional review report past the due date?
The county should not wait for the city to decide whether to join the regional agency to submit the five-year review report. The county should include the details of the incorporation in its report, including the possibility that the city’s planning elements may be added to the waste management plan (i.e., if the city does not join the regional agency and prepares its own planning documents).
Additionally, the county should include an analysis regarding how the withdrawal of the newly incorporated city (and any other changes) affect the county’s waste stream, demographics, program implementation, etc; and whether this change is so significant that the county’s existing planning documents become less than adequate to meet and maintain the diversion requirements. In other words, does this change alter what the county reported it would do in terms of program implementation, funding, etc. in its SRRE and HHWE, and does this change affect the facilities and information provided in the NDFE, SE and SP? If so, are these changes addressed via updates to these documents or is a revision necessary? If the county determines that a revision is necessary, it will need to include in its five-year review report a timeline showing when the revision(s) will be completed (provided that the city does not join the regional agency).
23. Title 14 CCR, section 18788 provides that the county or regional agency shall determine if a revision is necessary, and notify the local task force and CalRecycle of its findings in a five-year review report, but it is not clear who in the county makes this determination nor how the determination is made. Does the county need a resolution from the county Board of Supervisors or can the recycling coordinator make the determination?
The internal process by which each county responds to the requirements of CalRecycle may vary. In some cases, the county Board of Supervisors makes such determinations based on the recommendations of county staff; in other cases, the AB 939 coordinator (or other such personnel) may be authorized to make such determinations (depending on the level of authority the county has given its AB 939 coordinator). With respect to the submittal of the five-year review report, CalRecycle will need whatever is considered an official determination from your county.
Many county Boards of Supervisors will want to hear the county’s findings and determination prior to submittal of the five-year review report to CalRecycle, with or without action (e.g., adopting or approving the five-year review report). In such cases, a copy of the meeting agenda and/or minutes or resolution would be an appropriate reference/appendix to the five-year review report. In other cases, the AB 939 coordinator may be authorized to make this determination and to author and submit the five-year review report. Ultimately, it will depend on the county’s internal procedures.
It is recommended that you check with your department head regarding what the county’s internal process is for such reports and whether it is something that should go before your county Board of Supervisors. You should also include any approval documentation in the five-year review report and/or have it available for CalRecycle staff review.
24. A letter regarding the five-year revision process went out on July 21, 2000 to city and county contacts. The letter had a copy of CCR 14 section 18788 attached. (4) (b) of section 18788 (CIWMP or RAIWMP Revision) states that “if a revision is necessary the county or regional agency shall submit a waste management plan revision schedule to CalRecycle.” How much time does the county or regional agency have to submit this revision schedule?
The revision schedule must be included in the county’s or regional agency’s five-year review report to CalRecycle. The revision schedule should outline the steps and time frames necessary to prepare, review, approve and submit the applicable revised documents to CalRecycle. There is no guidance in statute or regulations, however, on how much time a jurisdiction has to actually revise and submit the revised planning documents to CalRecycle. Part of local assistance staff’s review of any revision schedule(s) included in a five-year review report will be an evaluation of whether time frames included in the revision schedule are reasonable.
Five-Year CIWMP/RAIWMP Review Report Process
Title 14, CCR section 18788 stipulates that prior to the fifth anniversary of CalRecycle approval of the waste management plans, the local task force shall complete a review of the waste management plan to assure that the county’s or regional agency’s waste management practices remain consistent with the hierarchy of waste management practices defined in PRC section 40051.
The review, submittal, and approval process identified in Title 14, CCR section 18788 is summarized as follows:
- Prior to the fifth anniversary of CalRecycle approval of the waste management plan, the local task force shall submit written comments on areas of the plan which require revision, if any, to the county or regional agency and to CalRecycle.
- Within 45 days of receiving the local task force’s comments, the county or regional agency shall determine if a revision is necessary and notify the local task force and CalRecycle of its findings in a CIWMP or RAIWMP review report.
- Within 90 days of receipt of that report, CalRecycle shall review the county’s or regional agency’s report and, at a public hearing, approve or disapprove the county’s or regional agency’s findings.
Many counties or regional agencies prepare a draft review report template to facilitate the local task force’s review and comment. In such a case, the local task force review and comment of the draft review report is the first step in the schedule above. After receiving such comments, the county or regional agency will complete and finalize the five-year review report for submittal to the local task force and CalRecycle within 45 days. Upon receipt, CalRecycle staff will provide a timeline regarding staff review and final CalRecycle approval.
Statutes and Regulations
Original Countywide Integrated Waste Management Plan (CIWMP) or Regional Agency Integrated Waste Management Plan (RAIWMP) Requirements, Guidelines and Procedures
Pursuant to PRC section 41750 et. seq., each county and city or regional agency shall prepare and submit to CalRecycle a CIWMP or RAIWMP.
Regulations on content requirements, planning guidelines and procedures for preparing countywide or regional integrated waste management plans are outlined in Title 14, CCR Chapter 9, Article 8, sections 18776-18788.
Five-Year CIWMP and RAIWMP Review Report Process and Content Requirements
PRC section 41770 provides that each CIWMP or RAIWMP shall be reviewed, revised, if necessary, and submitted to CalRecycle every five years.
Additionally, PRC section 41822 requires review of the CIWMP at least once every five years to:
- Correct any deficiencies in the individual planning documents.
- Comply with the source reduction and recycling requirements established under PRC section 41780.
- Revise the documents, as necessary.
The Five-Year CIWMP or RAIWMP review process and report content requirements are further clarified in Title 14, CCR Section 18788.
Planning Document Amendments
If a jurisdiction revises or amends its Source Reduction Recycling Element (SRRE), Household Hazardous Waste Element (HHWE), or Nondisposal Facility Element (NDFE), the jurisdiction shall revise or amend and submit its SRRE, HHWE, or NDFE pursuant to the requirements of Title 14, CCR sections 18765 through 18768.
- Additionally, PRC section 41515 indicates that if a jurisdiction conducts an aerosol can recycling program, a requirement to educate the public on the safe collection and recycling or disposal of aerosol cans shall be incorporated into the HHWE prepared by the jurisdiction when that element is revised.
Note: A jurisdiction is not required to amend its HHWE for the sole purpose of updating aerosol can recycling program implementation, as this information can be updated via the annual report process, i.e., under the HHWE program codes (9000 series). If, however, a jurisdiction determines that a revision to its HHWE is necessary, then the jurisdiction must include program information regarding aerosol can recycling education in its amendment.
- Similarly, PRC section 41516(b) established through Senate Bill 20 (Sher, Chapter 526, Statues of 2003) provides that on or after Jan. 1, 2004, if a jurisdiction revises its HHWE pursuant to Section 41770, the document must identify those actions the city, county, or regional agency is taking to promote the collection, consolidation, recovery, and recycling of covered electronic waste.
Note: A jurisdiction is not required to amend its HHWE for the sole purpose of updating electronic waste program implementation, as this information can be updated via the annual report process, i.e., under the HHWE program code (9045-HH-EWA). However, independent of SB 20, if a jurisdiction determines that a revision to its HHWE is necessary, then the jurisdiction must include information regarding e-waste program implementation in its amendment.
If a county or regional agency revises its Countywide Siting Element (SE) and/or Summary Plan (SP), the county or regional agency shall revise and submit those documents pursuant to the requirements of Title 14, CCR sections 18780 through 18784. Additionally,
- PRC 41701 (e) provides that SEs submitted (i.e., new) or revised on or after Jan. 1, 2003, shall include a description of the actions taken by the city or county to solicit public participation by the affected communities, including, but not limited to, minority and low-income populations (i.e., environmental justice actions). For additional information regarding these environmental justice requirements, refer to the section addressing Countywide Siting Element Adequacy in CIWMP Enforcement Part I: Plan Adequacy.
Note: A jurisdiction is not required to amend its Siting Element for the sole purpose of documenting environmental justice efforts. If, however, a jurisdiction determines that a revision is necessary, then the jurisdiction must include a description of its environmental justice actions in its amendment.
Five-Year CIWMP/RAIWMP Review Report Template Instructions
CalRecycle maintains the Five-Year CIWMP/RAIWMP Review Report template as a cost-effective tool to assist counties and regional agencies in analyzing the adequacy of their planning documents, and completing and submitting their five-year review reports to CalRecycle. The following describes each section of the five-year review report template and provides general guidelines with respect to preparing the report. If you have any questions regarding completing the five-year review report, contact your Local Assistance staff representative at (916) 341-6199.
Section 1.0–County or Regional Agency Information
Provide contact information for the county or regional agency submitting the five-year review report. Prior to submitting the report, please ensure that the authorized signature is provided.
Section 2.0–Background
Provide basic background information regarding the planning documents for the county or regional agency, whether this is the first, second, or third report, recent regional agency formation, newly incorporated city(s), etc. There is also an area for additional analysis and information, as applicable.
Section 3.0–Local Task Force Review
Information requested in this section demonstrates compliance with the local task force review and comment requirements of Title 14, CCR Section 18788. The requested information includes the method and date local task force comments were submitted to the county or regional agency and to CalRecycle. This section also provides the location of the local task force comments (e.g., attached or submitted to CalRecycle on a previous date).
Section 4.0–Title 14, California Code of Regulations, Section 18788 (3)(A) through (H)
Nothing in statute or regulation specifies what kind or size of change triggers the need for a plan revision, either as a result of analysis by CalRecycle or a county or regional agency. Title 14, CCR Section 18788 does, however, specify certain topic areas that should be addressed in a five-year review report. The template provides a subsection to address each of these content requirements and to document changes that may have occurred since the preparation and approval of the waste management plan.
The analysis in this section should specifically address whether these or other changes warrant a revision to one or more of the planning documents, or if updates to the elements (e.g., annual reports.) sufficiently address any effects these changes have on the county’s or regional agency’s management of solid waste. Additionally, the analysis should include the basis for.
The following subsections outline Title 14, CCR Section 18788 content requirements of the five-year review report. They also provide useful tools for evaluation and analysis by the local task force and county or regional agency.
Note: This section entails evaluating changes between data in the baseline (year upon which the data in the Source Reduction and Recycling Element (SRRE) is based, generally 1990 or 1991) and the report year as they relate to planning document adequacy. For this analysis, please be sure to include all available data up to the year the five-year review report is prepared. For example, if a county or regional agency submits its five-year review report to CalRecycle in 2012, please be sure to include all available data up to 2012, which would be up to and including 2011 for most data sets.
Section 4.1 Changes in Demographics in the County or Regional Agency.
The following sources provide data that can be used to evaluate countywide and regional demographic changes. Please include or attach the data and information used to analyze and determine the adequacy of, or need to revise any of the planning documents. In the analysis section, please provide the basis for determining the need for any planning document amendments.
- Demographic data, including population, taxable sales, employment (industry and labor force), and consumer price index are available in CalRecycle’s Default Adjustment Factors Database.
- The Demographic Research Unit of the California Department of Finance is designated as the single official source of demographic data for State planning and budgeting (e.g., E-5 City/County Population and Housing Estimates under reports and research papers).
- The Department of Finance’s Demographic Research Unit also provides a listing of State Census Data Center Network Regional Offices.
Section 4.2 Changes in Quantities of Waste within the County or Regional Agency; and Changes in Permitted Disposal Capacity and Waste Disposed in the County or Regional Agency.
CalRecycle offers a number of tools to facilitate analysis and review of such changes in the waste stream available from the following sources. Please include or attach the data and information used to analyze and determine the adequacy of or need to revise any of the planning documents. In the analysis section, please provide the basis for determining the need for any planning document amendments.
1. Various statewide, regional and local disposal reports are available from CalRecycle’s Disposal Reporting System.
- CalRecycle’s Disposal Reporting System tracks and reports annual estimates of disposal amounts for jurisdictions in California. Additional California solid waste statistics are also available.
- CalRecycle’s California Counties Disposal Destination Data shows the total amount and percentages of waste from a selected county that was disposed of within its boundaries, in other counties, and/or exported out of state.
- developing a baseline inventory of California solid waste management and recycling infrastructure.
- modeling waste generation and infrastructure needs based on user-defined scenarios.
- establishing a set of web pages and web services on the CalRecycle website to make this information readily available to all interested parties.
- developing protocols and mechanisms for maintaining and updating the infrastructure data over time.
3. Another useful tool is the CalRecycle Solid Waste Information System (SWIS). This system includes information on solid waste facilities, operations, and disposal sites throughout the State. The types of facilities found in this database include landfills, transfer stations, material recovery facilities, composting sites, transformation facilities, waste tire sites, and closed disposal sites.
4. The Waste Characterization Database provides estimates of the types and amounts of materials in the waste streams of individual California jurisdictions in 1999.
5. CalRecycle’s Countywide, Regionwide, and Statewide Jurisdiction Diversion Progress Report provides both summary and detailed information on compliance status, diversion/50 percent equivalent per capita disposal rates, and waste diversion program implementation for all California jurisdictions. Diversion program implementation summaries are also available in CalRecycle’s Jurisdiction Waste Diversion Program Summary or Jurisdiction Diversion Program List.
Together, these reports help illustrate changes in the quantities of waste within the county or regional agency as well as in permitted disposal capacity. This information also summarizes each jurisdiction’s progress in implementing its SRRE and complying with the 50 percent diversion rate requirement (now calculated as 50 percent equivalent per capita disposal target.) See Per Capita Disposal and Goal Measurement (2007 and Later) for details.
Section 4.3 Changes in Funding Sources for Administration of the Countywide Siting Element (SE) and Summary (SP).
In this section, document significant changes in the county’s or regional agency’s funding for the SE or SP since the approval of the waste management plan or the last five-year review report (whichever is most recent). Please provide the basis for determining the need for any planning document amendments in the analysis section.
Section 4.4 Changes in Administrative Responsibilities.
Please document significant changes in the administrative responsibilities since the approval of the waste management plan or the last five-year review report (whichever is most recent).
Section 4.5 Programs that Were Scheduled to be Implemented but Were Not.
This section addresses programs that were scheduled to be implemented but were not, a statement as to why they were not implemented, the progress of programs that were implemented, a statement as to whether programs are meeting their goals, and if not what contingency measures are being enacted to ensure compliance with Public Resources Code section 41751.
CalRecycle’s Diversion Programs System (DPS) Jurisdiction Diversion Program List details information on the status (progress) of all jurisdiction diversion programs that are planned, operating, or dropped. DPS data also includes the reason that selected programs were not implemented. DPS also integrates this information into CalRecycle’s Local Government Information System (LoGIC).
- Jurisdiction Diversion Program List: A detailed program listing for a jurisdiction that includes program statuses and implementation dates covering the years 1995-2006.
- Jurisdiction Diversion Programs Summary: An easy-to-view summary of each jurisdiction’s waste diversion programs for a specific year, categorized by program component (such as: source reduction, recycling, composting, special waste, and education).
Section 4.6 Changes in Available Markets for Recyclable Materials.
In this section, include any changes the county or regional agency experienced in available markets for recyclable materials since approval of the waste management plan or the last five-year review report (whichever is most recent). In the analysis section, please provide the basis for determining the need for any planning document amendments.
- If the county or regional agency has, is, or is planning to participate in the CalRecycle Recycling Market Development Zone program to provide incentives to businesses that use secondary materials from the waste stream as feedstock for their manufacturing processes, please include any related details here.
Section 4.7 Changes in the Implementation Schedule.
In this section, please address any changes to the county or regional agency’s implementation schedule that are not already addressed in Section 4.5.
Note: Changes noted in sections 4.1 through 4.7 should be considered for each jurisdiction in the county or regional agency with an explanation as to whether the change necessitates a revision to any of the jurisdictions’ planning documents.
Section 5.0–Other Issues or Supplementary Information (optional)
If applicable, the five-year review report should also include analysis regarding any other significant issues or changes and a determination as to whether these issues/changes affect the adequacy of the waste management plan such that a revision to one or more of the planning documents is needed. This is also the section that includes related supplementation information used in the five-year review report.
Section 6.0–Annual Report Review
The analysis in this section should address whether any of the jurisdictions documented in their annual report the need to revise one or more of their planning documents and whether the county or regional agency concurs with that determination. For example, a jurisdiction may report in its annual report that one or more of its planning documents need to be revised. The county or regional agency, however, may determine that this information is sufficiently addressed via an update to the diversion program implementation information in the jurisdiction’s annual report making a revision unnecessary.
If the county or regional agency is uncertain if a particular change or circumstance necessitates a revision to one or more of the elements or plan comprising the waste management plan, contact your local assistance staff representative to discuss the matter further. Additionally, to request a report of the Electronic Annual Report data relating to the plan’s adequacy for each jurisdiction in the county or regional agency, contact your local assistance representative at (916) 341-6199.
- CalRecycle’s Local Government Information System (LoGIC) includes a report of responses to the sections of the Electronic Annual Report (EAR) that address planning document adequacy by jurisdiction as well as by county or regional agency.
Section 7.0–Revision Schedule
If the county or regional agency determines that a revision to one or more of the planning documents is not necessary at this time, no revision schedule is necessary. If it is determined that a revision is necessary, a revision schedule for each planning document to be revised must be provided. The requirements to amend and submit a jurisdiction’s SRRE and HHWE are provided in Title 14, CCR Sections 18765 through 18768. The information for updating an NDFE is provided in the NDFE Guide. Similarly, the requirements for amending and submitting the SE and SP are detailed in Title 14, CCR Sections 18780 through 18784.
Five-Year Revision Due Dates
The Countywide and Regionwide Integrated Waste Management plans are required to be reviewed every five years after they have been approved by CalRecycle. The table below will give the dates for review or revision.
We hope this clarifies any questions you may have regarding the five-year revision due dates. If you have any questions regarding these due dates, contact your local assistance staff representative at (916) 341-6199.
Due Dates for Jurisdictions from A-L | M-Z
County or Regional Agency | CIWMP Approval Date | 1st Review Report Due Date | 2nd Review Report Due Date | 3rd Review Report Due Date | 4th Review Report Due Date | 5th Review Report Due Date | 6th Review Report Due Date |
---|---|---|---|---|---|---|---|
Alameda | 3/25/1998 | March 2003 | March 2008 | March 2013 | March 2018 | March 2023 | March 2028 |
Alpine | 12/17/1997 | December 2002 | December 2007 | December 2012 | December 2017 | December 2022 | December 2027 |
Amador County Integrated Solid Waste Management Agency | 10/23/1996 | October 2001 | October 2006 | October 2011 | October 2016 | October 2021 | October 2026 |
Butte | 3/25/1998 | March 2003 | March 2008 | March 2013 | March 2018 | March 2023 | March 2028 |
Calaveras | 5/28/1997 | May 2002 | May 2007 | May 2012 | May 2017 | May 2022 | May 2027 |
Colusa County Regional Agency | 3/23/1999 | March 2004 | March 2009 | March 2014 | March 2019 | March 2024 | March 2029 |
Contra Costa | 12/15/1993 | December 1998 | December 2003 | December 2008 | December 2013 | December 2018 | December 2023 |
Del Norte Solid Waste Management Authority | 1/25/2000 | January 2005 | January 2010 | January 2015 | January 2020 | January 2025 | January 2030 |
El Dorado | 11/15/1995 | November 2000 | November 2005 | November 2010 | November 2015 | November 2020 | November 2025 |
Fresno | 6/25/1997 | June 2002 | June 2007 | June 2012 | June 2017 | June 2022 | June 2027 |
Glenn County Waste Management Regional Agency | 10/21/1998 | October 2003 | October 2008 | October 2013 | October 2018 | October 2023 | October 2028 |
Humboldt | 1/22/1997 | January 2002 | January 2007 | January 2012 | January 2017 | January 2022 | January 2027 |
Imperial | 5/23/2000 | May 2005 | May 2010 | May 2015 | May 2020 | May 2025 | May 2030 |
Inyo Regional Waste Management Agency | 7/27/1999 | July 2004 | July 2009 | July 2014 | July 2019 | July 2024 | July 2029 |
Kern | 2/25/1998 | February 2003 | February 2008 | February 2013 | February 2018 | February 2023 | February 2028 |
Kings Waste & Recycling Authority | 10/24/1995 | October 2000 | October 2005 | October 2010 | October 2015 | October 2020 | October 2025 |
Lake | 12/15/1998 | December 2003 | December 2008 | December 2013 | December 2018 | December 2023 | December 2028 |
Lassen Regional Solid Waste Management Authority | 3/22/2000 | March 2005 | March 2010 | March 2015 | March 2020 | March 2025 | March 2030 |
Los Angeles | 6/23/1999 | June 2004 | June 2009 | June 2014 | June 2019 | June 2024 | June 2029 |
Madera | 11/15/1999 | November 2004 | November 2009 | November 2014 | November 2019 | November 2024 | November 2029 |
Marin County Hazardous and Solid Waste Management Authority | 4/25/1998 | April 2003 | April 2008 | April 2013 | April 2018 | April 2023 | April 2028 |
Mariposa | 5/27/1998 | May 2003 | May 2008 | May 2013 | May 2018 | May 2023 | May 2028 |
Mendocino | 3/23/1999 | March 2004 | March 2009 | March 2014 | March 2019 | March 2024 | March 2029 |
Merced County Solid Waste Regional Agency | 3/27/1996 | March 2001 | March 2006 | March 2011 | March 2016 | March 2021 | March 2026 |
Modoc | 4/27/1999 | April 2004 | April 2009 | April 2014 | April 2019 | April 2024 | April 2029 |
Mono | 5/23/2000 | May 2005 | May 2010 | May 2015 | May 2020 | May 2025 | May 2030 |
Monterey | 10/22/1997 | October 2002 | October 2007 | October 2012 | October 2017 | October 2022 | October 2027 |
Napa | 7/23/1997 | July 2002` | July 2007 | July 2012 | July 2017 | July 2022 | July 2027 |
Nevada | 2/23/1999 | February 2004 | February 2009 | February 2014 | February 2019 | February 2024 | February 2029 |
Orange | 3/27/1996 | March 2001 | March 2006 | March 2011 | March 2016 | March 2021 | March 2026 |
Placer | 11/18/1998 | November 2003 | November 2008 | November 2013 | November 2018 | November 2023 | November 2028 |
Plumas | 1/28/1998 | January 2003 | January 2008 | January 2013 | January 2018 | January 2023 | January 2028 |
Riverside | 9/23/1998 | September 2003 | September 2008 | September 2013 | September 2018 | September 2023 | September 2028 |
Sacramento | 5/27/1998 | May 2003 | May 2008 | May 2013 | May 2018 | May 2023 | May 2028 |
San Benito County Integrated Waste Management Regional Agency | 6/26/1996 | June 2001 | June 2006 | June 2011 | June 2016 | June 2021 | June 2026 |
San Bernardino | 11/19/1997 | November 2002 | November 2007 | November 2012 | November 2017 | November 2022 | November 2027 |
San Diego | 6/25/1997 | June 2002 | June 2007 | June 2012 | June 2017 | June 2022 | June 2028 |
San Francisco | 4/24/1997 | April 2002 | April 2007 | April 2012 | April 2017 | April 2022 | April 2027 |
San Joaquin | 3/26/1997 | March 2002 | March 2007 | March 2012 | March 2017 | March 2022 | March 2027 |
San Luis Obispo County Integrated Waste Management Authority | 4/24/1996 | April 2001 | April 2006 | April 2011 | April 2016 | April 2021 | April 2026 |
San Mateo | 10/26/1999 | October 2004 | October 2009 | October 2014 | October 2019 | October 2024 | October 2029 |
Santa Barbara | 10/21/1998 | October 2003 | October 2008 | October 2013 | October 2018 | October 2023 | October 2028 |
Santa Clara | 6/26/1996 | June 2001 | June 2006 | June 2011 | June 2016 | June 2021 | June 2026 |
Santa Cruz | 3/23/1999 | March 2004 | March 2009 | March 2014 | March 2019 | March 2024 | March 2029 |
Shasta | 10/21/1997 | October 2002 | October 2007 | October 2012 | October 2017 | October 2022 | October 2027 |
Sierra County Regional Agency | 2/23/1999 | February 2004 | February 2009 | February 2014 | February 2019 | February 2024 | February 2029 |
Siskiyou County Integrated Solid Waste Management Regional Agency | 5/27/1998 | May 2003 | May 2008 | May 2013 | May 2018 | May 2023 | May 2028 |
Solano | 4/24/1997 | April 2002 | April 2007 | April 2012 | April 2017 | April 2022 | April 2027 |
Sonoma County Waste Management Agency | 11/15/1995 | November 2000 | November 2005 | November 2010 | November 2015 | November 2020 | November 2025 |
Stanislaus | 6/26/1996 | June 2001 | June 2006 | June 2011 | June 2016 | June 2021 | June 2026 |
Tehama County Sanitary Landfill Regional Agency | 5/27/1998 | May 2003 | May 2008 | May 2013 | May 2018 | May 2023 | May 2028 |
Trinity | 3/23/1999 | March 2004 | March 2009 | March 2014 | March 2019 | March 2024 | March 2029 |
Tulare | 4/27/1999 | April 2004 | April 2009 | April 2014 | April 2019 | April 2024 | April 2029 |
Tuolumne | 11/20/1996 | November 2001 | November 2006 | November 2011 | November 2016 | November 2021 | November 2026 |
Ventura | 6/19/2001 | June 2006 | June 2011 | June 2016 | June 2021 | June 2026 | June 2031 |
Yolo | 12/18/1996 | December 2001 | December 2006 | December 2011 | December 2016 | December 2021 | December 2026 |
Yuba/Sutter Regional Waste Management Authority | 4/24/1996 | April 2001 | April 2006 | April 2011 | April 2016 | April 2021 | April 2026 |
For more information contact: Local Assistance & Market Development, LAMD@calrecycle.ca.gov or (916) 341-6199.