Compliance Orders
Introduction
Law (PRC 41780) requires jurisdictions–cities and counties in California– to divert 50% of their waste from the landfill.
- Each jurisdiction plans programs to accomplish this task and records these programs in a Source Reduction and Recycling Element (SRRE).
- The jurisdiction officially adopts an SRRE and carries out these programs to meet the 50% requirement.
- Jurisdictions update and report implementation of their SRRE by entering program information in the Electronic Annual Report (EAR).
JACE
Jurisdiction and Agency Compliance and Enforcement (JACE) Branch staff of the California Department of Resources Recycling and Recovery (CalRecycle) are responsible for evaluating jurisdictions’ implementation and adequacy of their SRREs.
If JACE determines that a jurisdiction is not adequately carrying out its SRRE, CalRecycle may place that jurisdiction on a compliance order (PRC 41825) to rectify the situation.
Process
If the implementation of a jurisdiction’s CalRecycle-approved SRRE does not result in 50% solid waste diversion, CalRecycle may do one of the following:
- Decide that, even though the waste diversion requirement has not been met, the jurisdiction’s program implementation efforts are sufficient to warrant “good faith effort” status; or
- Place the jurisdiction under a compliance order (PRC 41825).
A compliance order issued by CalRecycle at a public hearing mandates the creation of a local implementation plan (LIP). The LIP outlines specific steps and a schedule of deadlines that will bring the jurisdiction into compliance with the Integrated Waste Management Act. The jurisdiction must not only develop the LIP, but it must also carry out all LIP requirements.
JACE oversees the jurisdiction’s efforts, and the jurisdiction may request technical assistance from its Local Assistance and Market Development (LAMD) contact.
When a jurisdiction fails to implement the conditions of its compliance order, CalRecycle conducts a penalty hearing to determine whether to exercise its authority under PRC 41850 to fine the jurisdiction up to $10,000 per day.
To ensure consistency in its treatment of jurisdictions leading up to potential penalties, CalRecycle adopted enforcement policies in February 1995, and updated the policies in August 2001, and again in August 2010. Subsequently, these policies were incorporated by statute.
Additional enforcement topics may be found at: