- Compliance Order (CO) Process
- Local Assistance Market Development (LAMD) Oversight and Annual Review
- Are Programs Sufficient?
Law (PRC 41780) requires jurisdictions–cities and counties in California– to divert 50 percent of their waste from the landfill.
Each jurisdiction plans programs to accomplish this task, and each jurisdiction records these programs in a document called a Source Reduction and Recycling Element (SRRE). The jurisdiction officially adopts a SRRE, and carries out these programs in order to meet the 50 percent requirement.
If the California Department of Resources Recycling and Recovery (CalRecycle) determines that jurisdiction is not adequately carrying out its SRRE, CalRecycle places that jurisdiction on a compliance order (PRC 41825) to rectify the situation.
The California Department of Resources Recycling and Recovery (CalRecycle) oversees and provides assistance to local governments as they develop and implement plans to meet the mandates of the IWMA and subsequent legislation.
The local assistance staff helps local governments meet their planning and diversion mandates of the Integrated Waste Management Act of 1989. Local assistance staff serves as a liaison between local governments and CalRecycle and its program areas, providing input for the development of CalRecycle policies concerning local planning and implementation issues.
This page discuss the Failure to submit adequate local waste management plan of CalRecycle enforcement actions regarding IWMA compliance of interest to local governments.
If implementation of a jurisdiction’s CalRecycle-approved SRRE does not result in 50 percent 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 creation of a local implementation plan (LIP), formerly known as a local assistance plan (LAP). The LIP outlines specific steps and a schedule of deadlines which will bring the jurisdiction into compliance with the Integrated Waste Management Act.
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:
For more information contact: Local Assistance & Market Development, LAMD@calrecycle.ca.gov