Countywide Integrated Waste Management Plan (CIWMP) 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 several times, most recently on June 11, 2015.

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.

Part I: Adequacy of CIWMP and Elements

Download Part I
The information found within Part I includes the following:

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

Download Part II, updated December 18, 2018.
The information found within Part II includes the following:

Background
What is implementation?
SRRE Implementation
Mandatory Commercial Recycling Implementation
Mandatory Commercial Organics Recycling Implementation
HHWE Implementation
Determination of SRRE and HHWE Implementation
Enforcement
Conclusion

History of Revisions

On December 18, 2018, CalRecycle approved revisions to Part II of the Countywide Integrated Waste Management Plan (CIWMP) enforcement policy. The policy was updated to reflect the impacts on jurisdiction programs of changing market conditions resulting from China’s and other countries’ new import policies. Also, the policy was updated to address jurisdictions’ efforts, regarding organics, to procure compost, renewable transportation fuel and/or mulch.
On July 21, 2015, CalRecycle approved revisions to Part II of the Countywide Integrated Waste Management Plan (CIWMP) enforcement policy. This policy was updated to reflect the passage and implementation of AB 341 Chesbro (Chapter 476, Statutes of 2011) requiring statewide mandatory commercial recycling depending on the amount of waste businesses generate, AB 1826 Chesbro (Chapter 727, Statutes of 2014), requiring businesses to recycle their organic waste on and after April 1, 2016, depending on the amount of waste they generate per week, and AB 1594 (Williams, Chapter 719, Statutes of 2014), mandating that as of January 1, 2020, the use of green material as alternative daily cover (ADC) will no longer constitute diversion through recycling and will instead be considered disposal in terms of measuring a jurisdiction’s annual 50 percent per capita disposal rate. In January 2017, a memo from CalRecycle Director, Scott Smithline, was sent to all Jurisdiction and Annual Report Contacts outlining at any time Jurisdiction Reviews of Mandatory Commercial Recycling and Commercial Organics Recycling Programs.
On July 14, 2010, CalRecycle approved revisions to Part II of the Countywide Integrated Waste Management Plan (CIWMP) enforcement policy. The policy was updated on June 30, 2010, to reflect the passage and implementation of Senate Bill 1016 (Chapter 343, Statutes of 2008), which changed the measurement system from one based on estimated generation and diversion to one based on actual per-capita disposal.
On August 14, 2001, CIWMB approved the revision to its previously approved Part II of the CIWMP enforcement policy. CalRecycle uses this Part II policy to determine, for each jurisdiction, whether the SRREs and HHWEs have been implemented. Electronic Annual Reports (EARs) submitted by the jurisdictions will be used, in combination with CalRecycle’s biennial review and other information, to determine implementation. This policy recommends criteria CalRecycle will use during the biennial review to determine whether local jurisdictions’ SRREs and HHWEs have been implemented, mechanisms CalRecycle and local jurisdictions will use to achieve compliance with implementation mandates, and the structure of penalties that may be imposed on jurisdictions failing to implement their SRREs and HHWEs.

What is implementation?

Implementation, for the purposes of this policy, includes executing the programs as described in the SRRE and HHWE, and achieving the diversion requirements. Criteria for SRRE and HHWE implementation are outlined separately. CalRecycle staff will refer to the various components of the SRRE and HHWE, information from a jurisdiction’s EAR, the jurisdiction review cycle, and other sources to determine how fully a jurisdiction has implemented its SRRE and HHWE.