Local Assistance Market Development (LAMD) Oversight and Annual Review
LAMD review the source reduction and recycling element (SRRE) of each jurisdiction to determine whether a jurisdiction is taking the appropriate steps to implement its SRRE, the jurisdiction submits an annual report to CalRecycle. Depending on the particular review cycle of the jurisdiction, CalRecycle staff review the jurisdiction’s progress toward implementation of its SRRE, as well as its overall achievement of the 50 percent diversion requirement.
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. Subsequently, these policies were incorporated by statute.
Are Programs Sufficient?
If LAMD determines that the jurisdiction is adequately carrying out these programs to meet the 50 percent requirement, LAMD continues overseeing the jurisdiction.
If the jurisdiction is carrying out programs to the best of its ability but is not meeting the 50 percent requirement, LAMD gives the jurisdiction a “Good-Faith Effort” (GFE) status and continues overseeing the jurisdiction.
If LAMD determines that the jurisdiction is not adequately carrying out these programs to meet the 50 percent requirement, LAMD refers the jurisdiction to an independent section called the Jurisdiction and Product Compliance Unit (JPCU).
JPCU Review
JPCU independently reviews the jurisdiction’s SRRE programs. If JPCU determines that the jurisdiction is adequately caring out these programs to meet the 50 percent requirement, LAMD continues overseeing the jurisdiction.
If the jurisdiction is carry out programs to the best of its ability but is not meeting the 50 percent requirement, JPCU gives the jurisdiction a “GFE” status, and LAMD resumes overseeing the jurisdiction.
If JPCU determines that the jurisdiction is not adequately carrying out these programs to meet the 50 percent requirement, JCA prepares a public hearing item, and CalRecycle’s Director considers the issuance of a Compliance Order.
Compliance Order
If the Director approves the issuance of a Compliance Order, then the city must develop a Local Implementation Plan (LIP). The LIP is a timeline of steps that the jurisdiction must take to adequately carry out its programs to meet the 50 percent requirement. the city may develop this LIP with assistance fro the JCA and LAMD.
The jurisdiction must not only develop the LIP, bit it must also carry out all LIP programs. JPCU oversees the jurisdiction’s efforts, and the jurisdiction may request technical assistance from LAMD.
To view the jurisdictions currently under compliance, visit CalRecycle’s Countywide, Regionwide and Statewide Jurisdiction Diversion/Disposal Rate Report. Follow these steps for Report Year 2006 or Earlier.
- Select the Report Year “2006” or earlier
- Choose the Geographical Area option B for “Entire State”
- Choose the Diversion Rate Change “All Disposal Rates”
- Choose the Biennial Review Status “Compliance Active” if 2006 and earlier
- Select “Go”
The results would show as “Compliance Active” under Annual Report review status.
To view the jurisdictions that are active under compliance review for 2007 and later, go to CalRecycle’s Countywide, Regionwide and Statewide Jurisdiction Diversion/Disposal Rate Report. Follow these steps for Report year “2007 and later.
- Select the Report Year “2007” or later.
- Choose the Geographical Area option B for “Entire State”
- Choose the Jurisdiction Review Status “Compliance Review”
- Select “Go”
The results would show as “Fulfilled”, Issued”, or Active.
CalRecycle’s staff review the jurisdiction’s progress toward implementation of its SRRE, as well as its overall achievement of the 50 percent diversion requirement. The following summarizes CalRecycle’s enforcement actions taken to date in the area of implementation. For information regarding CalRecycle’s considerations made when a jurisdiction fails to submit an adequate plan, please see CalRecycle’s enforcement guidelines and enforcement orders.
For more information contact: Local Assistance & Market Development, LAMD@calrecycle.ca.gov or (916) 341-6199.